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Backup Documents 05/08/2018 Item #12B C_42— - 12 42" T 239.642.1485 PAT RICK 1 Zags: F 239.642.1487 1 EA LE 5470 Bryson Court Suite 103 E info@patrickneale.com Naples.Florida 34109 wwwpatrickneale.com ASSOCIATES Mailing: Patrick H. Neale Marco Island(by appointment): P.O.Box 9440 950 North Collier Blvd.Suite 400 Naples,Florida 34101-9440 Attorney at Law Marco Island,Florida 34145 February 27, 2018 Collier County Government Procurement Services Division 3295 Tamiami Trail East, Bldg. C-2 Naples, FL 34112 RE: Solicitation Number 18-7298 Special Magistrate Services for Collier County Enforcement Dear Collier County Government: Patrick H. Neale, PLLC d/b/a Patrick Neale &Associates (hereafter the Firm) is hereby submitting this cover letter and additional documentation through the BidSync portal in response to the above referenced Solicitation Number 18-7298. This cover letter will set out the underlying philosophy of the firm in providing the Special Magistrate services. The undersigned, Patrick H. Neale, is the authorized officer of the Firm and my telephone number and email address are set out on this letterhead. My direct email address is pneale@patrickneale.com . The email address for correspondence regarding this response to the RFP is info@patrickneale.com. In the contemporaneously submitted information provided through BidSync, we have provided the documentation and supporting evidence in response to the RFP. The philosophy of the Firm is to provide exceptional, cost effective and expeditious legal services to our clients.Throughout the Firm's many years of existence in Collier County we have endeavored to provide outstanding service to all of our clients. When I have acted as a member of a quasi-judicial board, or when I have represented one, I have always focused on following the laws and rules governing those bodies and only considering evidence properly brought before the tribunal. In addition to our keen interest in working with Collier County as the Special Magistrate for Code Enforcement, Patrick H. Neale possesses the required credentials, knowledge, deep experience, and demeanor to serve the County and its residents. If you have any questions, please do not hesitate to contact the undersigned. Sincerely, - ,9 Patr. H. Neale 128 Solicitation 18-7298 Special Magistrate Services for Collier County Enforcement Tab 2: Certified Minority Business Enterprise — N/A Patrick H. Neale Patrick Neale & Associates info@patrickneale.com 239-642-1485 www.patrickneale.com l28 Solicitation 18-7298 Special Magistrate Services for Collier County Enforcement Tab 3: Business Plan Patrick H. Neale Patrick Neale & Associates info@patrickneale.com 239-642-1485 www.patrickneale.com 128 RFP 18-7298 Evaluation Criteria No. 3 Business Plan for Provision of Special Magistrate for Code Enforcement for Collier County. Florida Submitted by Patrick Neale &Associates The Special Magistrate position is defined in Collier County Ordinance 2010-04 and codified as Sections 2-2021-2-2023 of the Collier County Code of Ordinances (hereafter Code). Those Code sections and the Scope of Work set out in RFP-7298 describe what is essentially the business plan for the Special Magistrate. Should Patrick Neale &Associates working by and through its principal, Patrick H. Neale (hereafter Firm), be selected as the Special Magistrate, the Firm will provide services as required by the Code and Florida Statutes.As Special Magistrate, the Firm will perform the following responsibilities as set out in the Code and Florida Statutes: 1. Adopt rules and regulations for the conduct of hearings 2. Subpoena alleged violators and witnesses to appear at its hearings, which subpoenas may be served by the Collier County Sheriff or a duly authorized person 3. Subpoena evidence including, but not limited to, records, surveys, plats, and other documentary evidence, which subpoena may be served by the Collier County Sheriff or a duly authorized person 4.Take testimony under oath 5. Hold hearings on violations of local codes and ordinances and contested citations issued by but not limited to, the Collier County Sheriffs Office, the Collier County Code Enforcement Department, Parks and Recreation Department, Public Utilities and Domestic Animal Services Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; 6.Assess administrative fines, costs, and to impose liens and order the payment of such fines as provided for herein: 7. Authorize the county attorney, or designee, to foreclose on a lien or sue to recover a money judgment for unpaid fines and costs imposed by the Order of the Special Magistrate. The Firm shall endeavor to provide such services in an expeditious and efficient manner which complies with all the relevant Local, State and Federal laws and regulations. The Firm shall utilize the administrative services provided by the County as set out in RFP 18- 7298 and supplement that staff as needed with support from the Firm's staff. The Firm will not charge the County for use of its support staff. RFP 18-7298 requests a time line for completion of the "project". The nature of the Special Magistrate position does not lend itself to a time line, so none is proposed in the response. The Firm and Patrick H. Neale will provide Special Magistrate services as required and requested by the County. 128 Further, RFP 18-7298 requests a copy of a report as an example of work product.As the responder has not served as a magistrate before, the Firm cannot provide such work product. However, copies of orders drafted for the Collier County Contractors' Licensing Board during Patrick H. Neale's service as counsel for that board are attached as an example of the work product of the Firm. 12B Solicitation 18-7298 Special Magistrate Services for Collier County Enforcement Tab 3: Business Plan — Attachments: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Contractors' Licensing Board Vs. Duane O.Thomas BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Contractors' Licensing Board Vs. John Dennis Below Patrick H. Neale Patrick Neale & Associates info@patrickneale.com 239-642-1485 www.patrickneale.com 128 CONTRACTORS LICENSING BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ) COLLIER COUNTY, FLORIDA, Contractors' ) Licensing Board ) Case: 2011-11 License: C.C. #24326 Petitioner ) Vs. ) Duane O. Thomas ) d/b/a Duane Thomas Marine Construction, ) LLC ) ORDER THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on December 21, 2011 for consideration of the Administrative Complaint filed against Duane O. Thomas. Service of the Complaint was made in accordance with Collier County Ordinance 06-46 as amended. The Board made a finding of fact that the service conformed with the requirements of Ordinance 90-105, as amended. The Board having at said hearing heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: FINDINGS OF FACT 1. That Duane O. Thomas is the holder of record of License Number 24326. 2. That the Board of County Commissioners of Collier County, Florida is the complainant in this matter. 1 12B 3. That the Board has jurisdiction of the person of the Respondent and that Duane O. Thomas was present at the public hearing and was not represented by counsel at the hearing on December 21, 2011. 4. All notices required by Collier County Ordinance No. 06-46, as amended, have been properly issued and delivered by certified mail in accordance with Collier County Ordinance 06-46, as amended. 5. The Respondent stated under oath that he was "guilty as charged". 6. That the Respondent further admitted under oath to constructing a seawall without a permit. 7. That the Respondent acted in a manner that reflected a disregard for the laws and ordinances of Collier County. 8. That the Respondent did, in fact, proceed on a job without obtaining the necessary permits from the appropriate agencies. CONCLUSIONS OF LAW 1. The Conclusions of Law alleged and set forth in the Administrative Complaint as to Count I are approved, adopted and incorporated herein, to wit, the Respondent violated Section 4.1.18 of Collier County Ordinance 06-46, as amended (section 22- 201(18) of the Code of Laws and Ordinances of Collier County) in the performance of his contracting business in Collier County by acting in violation of the section set out above. The Contractor failed to obtain applicable permits. 2. Collier County has jurisdiction over this contractor pursuant to Collier County Ordinance 06-46, as amended. 2 126 ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance No. 06-46, as amended, by a vote of 9 in favor and 0 opposed, a majority vote of the Board members present, the Respondent has been found in violation as set out above.. Further, it is hereby ORDERED, that after due consideration of all factors required under the Collier County Code of Laws and Ordinances 22-203(c) and based upon the evidence and testimony presented at the hearing on December 21, 2011, the Board, by a vote of 7 in favor and 2 opposed, a majority vote of the Board members present that the following disciplinary sanction(s) and related order are hereby imposed upon the holder of Contractors' License Number 24326. 1. Probation for a period of twelve (12) months whereby the Respondent will perform his contracting activities under the supervision of the Board. During which time, should the Respondent violate the Ordinance in any respect, his license will be immediately suspended and a hearing on the suspension and violation shall be held and the next regularly scheduled Board hearing. 1. A fine in the amount of two thousand five hundred dollars ($2,500.00) for count Ito be paid within ninety (90) days of the date of this hearing. 2. Administrative and investigative costs in the amount of five hundred dollars ($500.00) to be paid within thirty (30) days of the date of this hearing. 3 12B 3. Respondent to report all active jobs to the Contractor Licensing Supervisor in a manner to be established by the Contractor Licensing Supervisor after consultation with the Respondent . The parties hereto are hereby notified that the Respondent has a right to request a rehearing of this matter. A request for rehearing shall be made in writing and shall be filed with the Clerk to the Collier County Board of County Commissioners, and served on any other parties, within twenty (20) days from the date of mailing of the Board's written decision under Section 4.3.4.9 and 4.3.4.10 of Ordinance 06-46, as amended. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the decision of the Board. The written request for rehearing shall specify the precise reasons therefore. The decision of the Board which is the subject of the rehearing request shall remain in effect throughout the rehearing procedure unless the Board orders otherwise. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting, reduced to writing and mailed to the interested parties within 21 days after the decision is made. If the Contractors' Licensing Board determines it will grant a rehearing, it may: a. Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or b. Modify or reverse its prior decision, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed by its counsel was an erroneous ruling and which ruling could effect the substantive decision. The parties are further notified that upon the timely filing of a Notice of Appeal within thirty (30) days you may have the decision of the Board reviewed pursuant to the procedure set out herein. The contractor found to be in violation may appeal a decision of the Board to the Collier County Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Board. Any appeal shall be filed with the Circuit Court and served on the parties within thirty 4 128 (30) days of the mailing of the decision of the Board under Sections 4.3.4.9 and 4.3.4.10 of Ordinance 90-105, as amended. If there has been a re-hearing request, the appeal shall be filed with the Circuit Court and served on the parties within thirty (30) days of the mailing of the re-hearing decision under Section 5.1.2 of Ordinance 90-105, as amended. In the event that the contractor found to be in violation should elect to appeal, a verbatim record and transcript of the proceedings will be necessary. It shall be the sole responsibility of said party to ensure that a record is made from which a transcript may be prepared which includes the testimony upon which an appeal may be taken. Neither Collier County nor the Board shall have any responsibility to provide a verbatim record transcript of the proceedings. FURTHER, the Board makes no recommendation to the Florida Construction Industry Licensing Board. In accordance with Chapter 489.131 (7) ( c ) and (d), Florida Statutes, the disciplined contractor, the complainant, or the Department of Business and Professional Regulation may challenge the local jurisdiction enforcement body's recommended penalty for Board action to the State Construction Industry Licensing Board. A challenge must be filed within sixty (60) days of the issuance of the recommended penalty to the State Construction Industry Licensing Board in Tallahassee, Florida. If challenged, there is a presumptive finding of probable cause and the case may proceed before the State Board without the need for a probable cause hearing. Failure of the disciplined contractor, the complainant, or the Department of Business and Professional Regulation to challenge the local jurisdiction's recommended penalty within the time period set forth herein shall constitute a waiver of the right to a hearing before the State Construction Industry Licensing Board. A waiver of the right to a hearing before the State Board shall be deemed an admission of the violation, and the penalty recommended shall become a final order according to the procedures developed by State Board rule without further State Board action. Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that they may appeal the Final Order of the State Board by filing one copy of a Notice of Appeal with the Clerk of the Department of Business and Professional Regulation, Northwood Centre, 1940 Monroe Street, Tallahassee, Florida 32399-0792, and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective date of said Order. 5 128 ORDERED by the Contractors Licensing Board effective the 21 day December 2011. Kyle Lantz, Chairman Contractors Licensing Board I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order of the Board has been furnished the Respondent, Duane O. Thomas, Duane Thomas Marine Construction, LLC, 296 Rockhill Court, Marco Island, FL 34145; and Michael Ossorio, Licensing Compliance Supervisor, 2800 North Horseshoe Drive, Naples, FL 34103 on this day of . 2012. Secretary/ Contractors Licensing Board 6 12 ® CONTRACTORS LICENSING BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ) COLLIER COUNTY, FLORIDA, Contractors' ) Licensing Board ) Case: 2011-10 License: C.C. #33911 Petitioner ) Vs. ) John Dennis Below ) d/b/a Allstate Aluminum of S.W. FL, L ) / ORDER THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on December 21, 2011 for consideration of the Administrative Complaint . Service of the Complaint was made in accordance with Collier County Ordinance 90-105 as amended. The Board made a finding of fact that the service conformed with the requirements of Ordinance 90-105, as amended. The Board having at said hearing heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: FINDINGS OF FACT 1. That John Dennis Below is the holder of record of License Number 33911. 2. That the Board of County Commissioners of Collier County, Florida is the complainant in this matter. 1 126 3. That the Board has jurisdiction of the person of the Respondent and that John Dennis Below was not present at the public hearing and was not represented by counsel at the hearing on December, 2011. 4. All notices required by Collier County Ordinance No. 90-105, as amended, have been properly issued, hand delivered and delivered by certified mail in accordance with Collier County Ordinance 90-105, as amended. 5. The Contractors' Licensing Supervisor testified under oath that the respondent was fully advised by telephone conversation of the conduct of the hearing and its possible consequences, including but not limited to the loss of his license. 6. That clear and convincing evidence exists in support of the allegations in Count I, that the Respondent acted in violation of ordinance 90-105, as amended, section 4.1.18/Collier County Code of Laws and Ordinances Section 22-201(18) at the residence located at 355 Cypress Way West, Naples, FL. 7. That clear and convincing evidence exists in support of the allegations in Count II, that the Respondent acted in violation of ordinance 90-105, as amended, section 4.1.18/Collier County Code of Laws and Ordinances Section 22-201 (18) at the residence located at 331 22nd Street SE, Naples, FL. 8. That clear and convincing evidence exists in support of the allegations in Count III, that the Respondent acted in violation of ordinance 90-105, as amended, section 4.1.18/Collier County Code of Laws and Ordinances Section 22-201 (18) at the residence located at 7525 Garibaldi Court, Naples, FL. 9. That clear and convincing evidence exists to find the Respondent in violation of Count VI, violation of ordinance 90-105, as amended, section 4.1.2/Collier County 2 126 Code of Laws and Ordinances Section 22-201(2) at the residence located at 7525 Garibaldi Court, Naples, FL. CONCLUSIONS OF LAW 1. The Conclusions of Law alleged and set forth in the Administrative Complaint as to Count I are approved, adopted and incorporated herein, to wit, the Respondent violated Section 4.1.18 of Collier County Ordinance 90-105, as amended in the performance of his contracting business in Collier County by acting in violation of the section set out above with particularity. 2. The Conclusions of Law alleged and set forth in the Administrative Complaint as to Count II are approved, adopted and incorporated herein, to wit, the Respondent violated Section 4.1.18 of Collier County Ordinance 90-105, as amended in the performance of his contracting business in Collier County by acting in violation of the section set out above with particularity. 3. The Conclusions of Law alleged and set forth in the Administrative Complaint as to Count III are approved, adopted and incorporated herein, to wit, the Respondent violated Section 4.1.18 of Collier County Ordinance 90-105, as amended in the performance of his contracting business in Collier County by acting in violation of the section set out above with particularity. 4. The Conclusions of Law alleged and set forth in the Administrative Complaint as to Count IV are approved, adopted and incorporated herein, to wit, the Respondent violated Section 4.1.2 of Collier County Ordinance 90-105, as amended in the performance of his contracting business in Collier County by acting in violation of the section set out above with particularity. 3 12B 5. Collier County has jurisdiction over this contractor pursuant to Collier County Ordinance 90-105, as amended. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance No. 90-105, as amended, by a vote of 9 in favor and 0 opposed, a majority vote of the Board members present, the Respondent has been found in violation as set out above. Further, it is hereby ORDERED, by a vote of 9 in favor and 0 opposed, a majority vote of the Board members present that the following disciplinary sanction(s) and related order are hereby imposed upon the holder of Contractors' License Number 33911, as agreed in the attached Stipulation Agreement.. 1. Revocation of the Respondent's contracting license/certificate of competency as issued by Collier County, Florida 2. A fine in the amount of five thousand dollars ($5,000.00) for count I to be paid within ninety (90) days of the date of this hearing. 3. A fine in the amount of five thousand dollars ($5,000.00) for count II to be paid within ninety (90) days of the date of this hearing. 4. A fine in the amount of five thousand dollars ($5,000.00) for count Ill to be paid within ninety (90) days of the date of this hearing. 5. A fine in the amount of five thousand dollars ($5,000.00) for count IV to be paid within ninety (90) days of the date of this hearing. 4 126 6. A public reprimand to be issued by the Collier County Contractors' Licensing Supervisor as provided for in the Contractors' Licensing Ordinance. The parties hereto are hereby notified that the Respondent has a right to request a rehearing of this matter. A request for rehearing shall be made in writing and shall be filed with the Clerk to the Collier County Board of County Commissioners, and served on any other parties, within twenty (20) days from the date of mailing of the Board's written decision under Section 4.3.4.9 and 4.3.4.10 of Ordinance 90-105, as amended. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the decision of the Board. The written request for rehearing shall specify the precise reasons therefore. The decision of the Board which is the subject of the rehearing request shall remain in effect throughout the rehearing procedure unless the Board orders otherwise. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting, reduced to writing and mailed to the interested parties within 21 days after the decision is made. If the Contractors' Licensing Board determines it will grant a rehearing, it may: a. Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or b. Modify or reverse its prior decision, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed by its counsel was an erroneous ruling and which ruling could effect the substantive decision. The parties are further notified that upon the timely filing of a Notice of Appeal within thirty (30) days you may have the decision of the Board reviewed pursuant to the procedure set out herein. The contractor found to be in violation may appeal a decision of the Board to the Collier County Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Board. Any appeal shall be filed with the Circuit Court and served on the parties within thirty (30) days of the mailing of the decision of the Board under Sections 4.3.4.9 and 4.3.4.10 of Ordinance 90-105, as amended. If there has been a re-hearing request, the appeal 5 1 2 B shall be filed with the Circuit Court and served on the parties within thirty (30) days of the mailing of the re-hearing decision under Section 5.1.2 of Ordinance 90-105, as amended. In the event that the contractor found to be in violation should elect to appeal, a verbatim record and transcript of the proceedings will be necessary. It shall be the sole responsibility of said party to ensure that a record is made from which a transcript may be prepared which includes the testimony upon which an appeal may be taken. Neither Collier County nor the Board shall have any responsibility to provide a verbatim record transcript of the proceedings. FURTHER, the Board makes no recommendation to the Florida Construction Industry Licensing Board. In accordance with Chapter 489.131(7) ( c) and (d), Florida Statutes, the disciplined contractor, the complainant, or the Department of Business and Professional Regulation may challenge the local jurisdiction enforcement body's recommended penalty for Board action to the State Construction Industry Licensing Board. A challenge must be filed within sixty (60) days of the issuance of the recommended penalty to the State Construction Industry Licensing Board in Tallahassee, Florida. If challenged, there is a presumptive finding of probable cause and the case may proceed before the State Board without the need for a probable cause hearing. Failure of the disciplined contractor, the complainant, or the Department of Business and Professional Regulation to challenge the local jurisdiction's recommended penalty within the time period set forth herein shall constitute a waiver of the right to a hearing before the State Construction Industry Licensing Board. A waiver of the right to a hearing before the State Board shall be deemed an admission of the violation, and the penalty recommended shall become a final order according to the procedures developed by State Board rule without further State Board action. Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that they may appeal the Final Order of the State Board by filing one copy of a Notice of Appeal with the Clerk of the Department of Business and Professional Regulation, Northwood Centre, 1940 Monroe Street, Tallahassee, Florida 32399-0792, and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective date of said Order. 6 li 12B ORDERED by the Contractors Licensing Board effective the 21 day December, 2011. Lee Horn, Chairman Contractors Licensing Board I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order of the Board has been furnished the Respondent, John Dennis Below, 12570 Metro Parkway, #2, Fort Myers, FL 33966; and Michael Ossorio, Licensing Compliance Supervisor, 2800 North Horseshoe Drive, Naples, FL 34103 on this day of , 2011. Secretary/Contractors Licensing Board 7 12B Solicitation 18-7298 Special Magistrate Services for Collier County Enforcement Tab 4: Cost of Services to the County Patrick H. Neale Patrick Neale & Associates info@patrickneale.com 239-642-1485 www.patrickneale.com 1 2 B RFP 18-7298 Evaluation Criteria No. 4 Cost of Services for Provision of Special Magistrate for Code Enforcement for Collier County, Florida Submitted by Patrick Neale &Associates The Firm shall charge an hourly rate of one hundred ninety-five dollars ($195.00) per hour for the services of its principal, Patrick H. Neale as Special Magistrate. This rate shall remain in effect for the initial term of the contract. The Firm will invoice the County monthly if services have been performed during that month. The Firm will accept either check payment or electronic transfer, whichever is preferred by the County. 12B Solicitation 18-7298 Special Magistrate Services for Collier County Enforcement Tab 5: Experience and Capacity of the Firm Patrick H. Neale Patrick Neale & Associates info@patrickneale.com 239-642-1485 www.patrickneale.com 1 2 B RFP 18-7298 Evaluation Criteria No. 5 Experience and Capacity of the Firm for Provision of Special Magistrate for Code Enforcement for Collier County, Florida Submitted by Patrick Neale &Associates Submitted with the response to the RFP is evidence of graduation from an American Bar Association accredited law school(University of Miami,) evidence of good standing with the Florida Bar and evidence that Patrick H. Neale is a Florida Supreme Court certified mediator. In addition, a total of ten (10) references familiar with Patrick H. Neale and the Firm's legal experience and knowledge of administrative law, land use law and local government regulations and procedures have been provided via BidSync. Patrick H. Neale has been a member of the Florida Bar since 1978 and has been practicing law as a Collier County resident since 1987. His primary practice areas have been in land use, zoning, administrative law and governmental regulations during that time. Mr. Neale has been involved in numerous land use and zoning issues from a governmental point of view through service on the Collier County Growth Management Plan Citizens Advisory Board, the Development Services Advisory Board and the Environmental Advisory Board. He has also represented clients on rezoning petitions, variances, compatibility determinations, code enforcement matters, contractor licensing matters at both the state and local level and before the Governor and Cabinet sitting as the Trustees of the Internal Improvement Trust Fund. Mr. Neale was also the attorney for the Collier County Contractors' Licensing Board (hereafter Board) from 1995 through 2012. In this role, he attended the Board hearings, provided legal advice to the Board, drafted orders and assisted in the conduct of hearings as appropriate. Mr. Neale assisted in the drafting of several revisions to the Contractors' Licensing Ordinance and coordinated with the County Attorney's office and the Contractors' Licensing staff. The Firm has an administrative and legal assistant staff of two persons who provide administrative, secretarial and paralegal support for the principal. Those services will be provided as needed in support of the Special Magistrate as needed at no additional cost to the County. • • '�,4��. :,,;•,,,L •1a;` rEt `c4 .P�. ;43,•• \• \,`a. � 4 ,rw . Vit, ,!,,.,F,: ,. �,4, „1•a + �` ' : asp �` ,:... a'`\ ,,:b,=' • . F„. z. .. ,,,„...0,03,14 ,,rJ` :"tri•• `�.',; t= a <. <E-i '>, r. ,v , i 7:.€,,`,. ♦••••'%• ":Qi y�y., .,� . .@, \.C',\`.•`4„ ` >A'''., '., ''c ,r • °'.t”s,'..'• ':4,•.-z`<, _.`•,..."•C .: ::=<t:x ':::;,a, s .,i, :..' •a`'r,', =,' -,2,i, .','3',V,, %5� , *"%,: ,.�\ 'x`;•\.'i-"t � .;..'£.:_� A.¢x`°•<'a t.;:zi.�`��`;'V� ,,t, w, • a ..v ate: ,.2 ',, •'i'•:.t• :\ _�� „` r• . _ .,-;;,,vS>a>"t,Alvv'k,xl4 !Y `� yv`: d.,'to `'mak^ r .x ox;,�....�„.. A...t4 �.`. 'x3 ,�,f i� '3">!y , i .,•`.,;x.. ,.f=<, ,:, Z\..« >. ,1 aw,x .a`��,,',> z Y "P `�,',•< s ,:q. • • \ .,,. , ,•.tl't. 4::::; `".�\\.i ' 14I•., ::`Y�,"x`ha'2 ,�,", •:a. .. f �' ,:;„ A.v • �� +fry ,.,�:, ,x ..;M "'r. �. x ..:. t t. N: \. .,. .,,fit. • . y r. „1„ " ••,i:. .`t\: Y"� t� : " S, a \4 `;'^ S€*: ''' 'fit= •��"` a:�v " • , • 1 H*�� <,? �\>:•, .•:its ��:'c a' fir` !.� .\x. 1 : -t � �'�� . `.\'a. • }.z."�. \F"�= =• y, i:C` z •ti\�`u .7,t iva'. �:.,:•s:-.::•:,$,-,7• :,,,,,,,."• ,»s, .'aF' -0.. ..,!",,!..0.;,, ,,,f,';$' =�a„:. ” :, a. R.� ,>�a''�;.• vim,: ,>` :i,`• ,x, • y ,`•::\`i ..A,,,,-,.\ et; \�.,.,iN :,.'?,,,,"" .'x , �£ . i', `�'•F.A•,Z,~•• : i. • f• `" T'.. .:$nv`.x..,.? 2/23/2018 Member Profile—Patrick H Neale—The Florida Bar 1 2 B MEMBER PROFILE Patrick H Neale Member in Good Standing Eligible to Practice Law in Florida Bar Number: 258253 Mail Address: Patrick Neale &Associates PO Box 9440 Naples, FL 34101-9440 United States Office: 239-642-1485 Fax: 239-642-1487 Email: email-service@patrickneale.com Personal Bar URL: https://www.floridabar.org/mybarprofile/258253 vCard: County: Collier Circuit: 20 Admitted: 09/25/1978 10-Year Discipline History: https://www.floridabar.org/directories/find-mbr/profile/?num=258253 1/2 2/23/2018 Member Profile—Patrick H Neale—The Florida Bar None 1 2 B Law School: University of Miami School of Law, 1978 Committees: Committee Office Term Aviation Law Committee 06/30/2018 Senior Lawyers Committee 06/30/2018 Sections: Administrative Law Alternative Dispute Resolution Business Law City, County& Local Govt Law Government Lawyer International Law Real Property, Probate &Trust Solo & Small Firm Trial Lawyers Federal Courts: Florida Middle District Bankruptcy Court U.S. District Court, Middle District of Florida State Courts: Florida Firm: Patrick Neale &Associates Firm Size: 2 to 5 Firm Position: https://www.floridabar.org/directories/find-mbr/profile/?num=258253 2/2 12B .covRT••- � :651 :i; Jorge Labarga - r °' �+1 or ei l , A • Patricia(PK)Jameson fJustice '� 'a State Courts Administrator Office of the State Courts Administrator Susan C.Marvin,J.D. Chief of Alternative Dispute Resolution Florida Dispute Resolution Center (850)921-2910•922-9290(fax) marvins@flcourts.org October 20, 2017 Patrick H. Neale 5470 Bryson Court Suite 103 Naples,FL 34109 Re: Certification Date: October 20, 2017 Renewal Date: October 20,2019 Mediator Number: 35673 R Dear Mr.Neale: Congratulations, you have been certified by the Supreme Court of Florida as a Circuit mediator for a two year period beginning October 20,2017. Your name has been added to the list of certified mediators; however, if you would like to personally notify individuals of your certification,you may do so. Your certification number is 35673 R. All certified mediators are required to report completion of 16 hours of continuing mediator education(CME) for each area of certification when submitting their renewal. A copy of Administrative Order AOSC11-1 (renewal excerpts) which contains these requirements along with a form to report your CME are enclosed with this letter. A renewal notice will be sent approximately three months prior to October 20,2019 using the email address on file. Please feel free to contact me at the number listed above should you have any questions regarding this information or visit our website at "www.flcourts.org" for lists of continuing education programs, the Mediator Ethics Advisory Opinions and all the latest information you need. Cordially, Susan C. Marvin SCM/sw Supreme Court Building • 500 South Duval Street • Tallahassee,Florida 32399—1900 • http://www.flcourts.org 128 , ( , J ,g g 1g g ft Ln o IMMIP g IV C.1...k M V...km.....1 \ (1' eTh \I r) ,./",/,opmils%:-- ----. 0 1 11 . ci -''' r-, ?:3 ,..i.t. I,/i ,.*, -,-\****0 “ll � -moi * * : C' (J‘ 4::k. (.1. 0 r.,1 Cr. A N f0 . � N ?.‘ f0 0 s. r CO 4:41 , ' 1:2 P., 41ot m vita*, CV o cz441 W cn V W 1 2 B Solicitation 18-7298 Special Magistrate Services for Collier County Enforcement Tab 5: Experience and Capacity of the Firm — References Submitted via Bidsync Patrick H. Neale Patrick Neale & Associates info@patrickneale.com 239-642-1485 www.patrickneale.com 126 Solicitation 18-7298 Special Magistrate Services for Collier County Enforcement Tab 6: Specialized Experience of Team Members Patrick H. Neale Patrick Neale & Associates info@patrickneale.com 239-642-1485 www.patrickneale.com 12B RFP 18-7298 Evaluation Criteria No. 6 Specialized Experience of Team Members for Provision of Special Magistrate for Code Enforcement for Collier County, Florida Submitted by Patrick Neale &Associates The Special Magistrate services will be provided to the County through the principal of the Firm, Patrick H. Neale.As noted in Tab No. 5, Mr. Neale has been a member of the Florida Bar since 1978 and practicing law in Collier County since 1987. Mr. Neale's resume' is attached for reference. Mr. Neale has extensive experience in administrative, governmental, land use and related manners. He has also been a court appointed mediator. In addition to being a court appointed mediator, he is a Florida Supreme Court Certified Circuit Court mediator and has participated in numerous mediations in his career. His practice has resulted in him appearing or representing clients before all types of quasi- judicial bodies such as the Collier County Planning Commission, Collier County Contractors' Licensing Board, Collier County Code Enforcement Board, Board of County Commissioners in Collier County; Lee County and Charlotte County Contractors' Licensing Boards, City of Marco Island Planning Board, Code Enforcement Board and City Council, Florida Construction Industry Licensing Board and the Governor and Cabinet sitting as the Trustees of the Internal Improvement Trust Fund. He has also appeared in Lee, Collier, Manatee, Sarasota, Palm Beach, Charlotte and several other county and circuit courts, as well as the Federal Bankruptcy Courts in both the Middle and Southern Districts of Florida and the Federal District Court for the Middle District. This extensive experience in judicial and quasi-judicial jurisdictions along with extensive experience through his practice in the relevant areas of the law uniquely qualify Mr. Neale for the Special Magistrate position. The Firm also has an excellent support staff comprised of two highly qualified individuals; Karen Klukiewicz, the Firm's chief operating officer and Mrs. Judi Menard, Mr. Neale's legal assistant who has extensive experience in all areas of the law. 126 RESUME PATRICK H. NEALE P.O. BOX 9440 NAPLES, FL 34101 TELEPHONE:(239) 642-1485 FACSIMILE. (239) 642-1487 EDUCATION B.S. 1973 Chemistry, American Chemical Society Professional University of Miami, FL Concentration in environmental and analytical chemistry. Recipient of two National Science Foundation grants. J.D. 1978 University of Miami, FL, School of Law, Night Program. Concentration in commercial and environmental law. LEGAL EXPERIENCE 1997—Present Patrick H. Neale Attorney at Law/Patrick Neale & Associates Naples and Marco Island, FL—Naples Primary office in 2011 Practice concentrating on administrative law, contractor licensing and contractor law, land use, small business, construction, real estate transactions, bankruptcy and debt relief. Representing clients before local, state and federal courts and agencies. Represented Collier County Contractors' Licensing Board for seventeen years and also Building Board of Adjustment and Appeals. Court appointed mediator in several cases. 1993-1997 Lazarus & Neale Marco Island, FL Attorney at Law with concentration on real estate, land use, zoning, governmental and administrative law. - 1 - 12B PATRICK H. NEALE—RESUME Page 2 of 4 1991-1993 Attorney at Law - Sole Practitioner Marco Island, FL 1987-1991 Mancilla & Betz Attorney at Law - Of Counsel Marco Island, FL PROFESSIONAL AFFILIATIONS Bar Admissions: Florida Bar— 1978 Member of Administrative Law, Environmental and Land Use Law, Real Property Probate Law, Government Lawyer, City, County & Local Government Law, Business Law, Alternative Dispute Resolution and Trial Law Sections. Middle District Florida — 2009 Southern District Florida — 2016 Professional Memberships: Collier County Bar Association National Association of Consumer Bankruptcy Attorneys American Bankruptcy Institute Michael R.N. McDonnell Inns of Court HONORS Iron Arrow Honor Society - University of Miami - 1972, Highest Honor Awarded at University of Miami Marco Island YMCA— Community Leader of the Year 2002 Marco Island Chamber of Commerce —Lifetime Achievement Award— 2009 Collier County Education Foundation—Man of Distinction 2010 Legal Aid Society—Leadership Award 2012. Attorney of the Month— twice 2012 Leadership Collier—Distinguished Alumni Award 2014 Naples Daily News— 25 over 50 Award 2016 - 2- 128 PATRICK H. NEALE—RESUME Page 3 of 4 COMMUNITY ACTIVITIES Avow Hospice of Collier County - Board member 2016 —present Marco Island Area Chamber of Commerce - Board 1989-1992 and 1999- Present; Secretary - 2000; President Elect - 2001; President - 2002; Chairman - Governmental Affairs Committee 1990-1992; 1996-present Naples Equestrian Challenge —Board member and chair of development committee — 2014-2015 Naples Pathways Coalition - Board member 2015-2016. Co-president 2015- 2016. Greater Naples Chamber of Commerce —Member Board of Directors, 2004 - 2008 ; Board Member NACPAC - 1992-1994 United Way of Collier County - Board 1998-2004; 2012-2015, President 2000- 2001; Vice President—Board Development— 2002 - 2004 Foreclosure Task Force —Joint effort of Bar Association, Realtors, Chamber and Government— 2008- present. Leadership Collier Foundation— Class of 1992; Board member 2005 — 2013; Chair— 2006-2008; Alumni Committee - 1995; Steering Committee — 1993; Alumni Strategic Planning Committee — 2002—present; Leadership Collier Advisory Committee 2006-2007. Leadership Institute (A program of Leadership Collier Foundation) - Delegation of 2001; Program Chair— 2003 - 2015. Youth Haven - Board of Trustees - 1998-2012; worked on legal issues of care and other matters; Vice President/President Elect— 2003 — 2004, President 2006-2008 Searching for Solutions Institute —Board member 2008-2009. -3 - 1 2 B PATRICK H. NEALE—RESUME Page 4 of 4 YMCA of Marco Island - Board - 1990-1999 - President 1992 Hospice of Naples - Capital Campaign Committee —2002 - 2007 University of Miami - Southwest Florida Hurricane Club; Board Member; President - 1996- 2004 American Cancer Society - Marco Island Chapter - Board Member - 1991- 1996 Collier County Citizen's Advisory Committee on Growth Management Plan 1989 Collier County Productivity Committee - 1990-1993 Collier Citizens Council—Member Board of Directors 2012 - 2013 Collier County Environmental Advisory Committee Collier County Environmental Advisory Board Collier County Development Services Advisory Committee Collier County Ad Hoc Homeless Committee Collier County Ad Hoc Manatee Committee Marco Island Vision Planning Advisory Committee — 1990-1992 Immokalee Friendship House Board NACPAC (Naples Area Chamber Political Action Committee) Board of Trustees - 4 - 128 Solicitation 18-7298 Special Magistrate Services for Collier County Enforcement Tab 7: Local Vendor Preference Patrick H. Neale Patrick Neale & Associates info@patrickneale.com 239-642-1485 www.patrickneale.com 2/23/2018 Details 1 2 9 Collier County Tax Collector 2800 N.Horseshoe Drive Naples,FL 34104 Collier County Business Tax Receipt Tax Year Info: 2017 treyRec csrd Next Record BUSINESS INFORMATION OWNER INFORMATION License # 930649 Name 1: NEALE, PATRICK H Name: PATRICK H. NEALE, PLLC Name 2: DBA: PATRICK NEALE &ASSOCIATES Address 1: SAME Location: 5470 BRYSON CT #103 Address 2: Zoned: PUD SIC 8111 City, State, Zip: Phone: 642-8098 Mail 1: P 0 BOX 9440 Mail 2: City, State, NAPLES , FL 34101 Zip: Phone: 642-1485 Open Date: 07-01-93 Code: 03600301 Description: PROFESSIONAL Changed Date: 10-04-11 State Lic: Class: ATTORNEY Paid Date: 09-20-17 County 258253 Category: Closed Date: 00-00-00 Lic: FLORIDA City Lic: Preq: STATE BAR Amount Due: 0.00 ** License is: Paid ** ** License is: Open ** Prey Record New Search Next Record Back To List 2005 Tax 2006 Tax 2007 Tax 2008 Tax 2009 Tax Information Information Information Information Information 2010 Tax 2011 Tax 2012 Tax 2013 Tax 2014 Tax 2015 Tax Information Information Information Information Information Information http://www.colliertax.com/search/ols_details.php?ID=91413253&page=&year=2017 1/1 128 Solicitation 18-7298 Special Magistrate Services for Collier County Enforcement Addenda Forms 1-6 General Liability Insurance Declaration Page Workers Compensation Insurance Exemption Certificate Entity Detail Page—Patrick H. Neale PLLC Fictitious Name Page—Patrick Neale &Associates E-Verify MOU - signed Patrick H. Neale Patrick Neale & Associates info@patrickneale.com 239-642-1485 www.patrickneale.com CAT County 1 2 B Administrative Services Department 6 0 y�' l 1 72238 g - Procurement Services Division t• Form 1:Vendor's Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore,we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this solicitation,please indicate the reason(s)by checking the item(s)listed below and return this form via email noted on the cover page,or mail to Collier County Government,Procurement Services Division,3295 Tamiami Trail East,BLDG C-2,Naples,FL 34112. We are not responding to the solicitation for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable(too vague,rigid,etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: 0.1\ 1/°I b ❑ Other reason(s): Name of Firm: Address: City,State,Zip: Telephone: Email: Representative Signature: Representative Name: Date 128 Ci ger County Administrative Services Department Procurement Services Division Form 2:Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED.Please read carefully,sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Solicitation Submittal has been signed. All applicable forms have been signed and included,along with licenses to complete the requirements of the project. Any addenda have been signed and included. ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: Patrick H.Neale,PLLC d/b/a Patrick Neale&Associates Address: 5470 Bryson Court,Suite 103 City,State,Zip: Naples,FL 34109 Telephone: (239)642-1485 Email: info @patrickneale. Representative Signature: Representative Name: Patrick H.Neale Date 2' Cotter County1 2 B Administrative Services Department Prowrenuinl Services Division Form 3:Conflict of Interest Affidavit The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the"ground rules"for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/past performance of itself or a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information—The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non-public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below,the firm(employees,officers and/or agents)certifies,and hereby discloses,that,to the best of their knowledge and belief,all relevant facts concerning past,present,or currently planned interest or activity(financial,contractual,organizational, or otherwise)which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Patrick H.Neale PLLC d/b/a Pa N e&Associates Signature and Date: 2—/e)\ Print Print Name: Patrick H.Neale Title of Signatory: Manager/Owner 12B CIL County Administrative Services Department Procurement Services Division Form 4:Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,Florida 34112 Dear Commissioners: The undersigned,as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor agrees,if this solicitation submittal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County,for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further,the vendor agrees that if awarded a contract for these goods and/or services,the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub-vendor for any future associatedwithwork that is a result of this a}varded contract. IN WITNESS WHEREOF,WE hav ereugt subscribed our names on this(f t 7 day of e1 20/in/the County of 4P-4-710X ,in the State of �B�/eer/. Firm's Legal Name: Patrick H.Neale PLLC d/b/a Patrick Neale&Associates Address: 5470 Bryson Court,Suite 103 City,State,Zip Code: Naples,FL 34109 Florida Certificate of Florida Document Number L09000109315,FEIN 27-1545958 Authority Document Number Federal Tax Identification Number *CCR#or CAGE Code *Only if Grant Funded Telephone: (239)642-1485 /�----...:v,,"".i...._..y::: - Signature by: Patrick H.Neale (Typed and written) Title: Manager/Owner Additional Contact Information 2 B Send payments to: Patrick Neale&Associates (required if different from Company name used as payee above) Contact name: Karen Klukiewicz Title: Chief of Operations Address: PO Box 9440 City,State,/.IP Naples,FL 34101 Telephone: (239)642-1485 Email: info@patrickneale.com Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City,State,71P Telephone: Email: 126 Col':[ier County Administrative Services Department Procurement Services Division Form 5:Immigration Affidavit Certification This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further,Vendors are required to enroll in the E-Verify program,and provide acceptable evidence of their enrollment,at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Vendor's proposal as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System(E-Verify),operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Patrick H.Neale,PLLC d/b/a Patrick Neale&Associates Print Name Patrick H.Neale Title e/1.' .21 er Signature Date .Dr/ 1 State of is.6e/p,1 County of /t.g. The signee of these Affidavit guarantees,as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 12B Coder County Administrative Services Department Prrxa,,rffnt Sevnees Divexx, Form 6:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5)requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information(provide all information) Taxpayer Name Patrick H Neale,PLLC d/b/a Patrick Neale&Associates (as shown on income tax return) Business Name(if different from taxpayer name) Address 5470 Bryson Court Suite 103 City Naples State FL Zip 34109 Telephone (239 642-1485 Finail_infoThnatrickneale conk Order Information(*IA*figedfo,>tq Remit/Payment Information 0:04(be lle4out) Address PO Box 9440 Address PO Box 9440 City Naples State FL _ Zip 34101 City Naples State FL Zip 34101 Eniail -infoC p tr knc ek L.vatr Email info@patrickneale.com 2. Company Status(check only one) _Individual/Sole Proprietor _Corporation 1 Partnership _Tax Exempt(Federal income tax-exempt entity X Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) D Enter the tax classification lD= Dicr ear d Entity =Cnrnnratinn. P=Partnershin) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 27-1545958 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award). 4. Sign and Date Form:Certification: Under penalties of perjury, I cert'a ' t,' informati.. shown on this form is correct to my knowle/ge. Signature „ Date Vili /� Title ,�/n/i} Ot/f Phon- N .x 9A/ 12B R`` OLD DOMINION INSURED �. 1INSURANCE COMPANY 4601 Touchton Road East,Ste.3300 P.O. Box 16100,Jacksonville, FL 32245-6100 Telephone:1-904-642-30001 1-800-226-0875 SPECIAL COMMERCIAL PACKAGE POLICY Named Insured and Mailing Address PATRICK NEALE ATTORNEY AT LAW Policy Number: BPT4082T Account Number: CACG1434C 5470 BRYSON COURT STE 103 NAPLES, FL 34109 Agent: RSC INSURANCE BROKERAGE INC Producer Code: 090337003 AGENT PHONE : 239 963 2344 POLICYHOLDER INFORMATION Named Insureds Business: OFFICE Entity: INDIVIDUAL Policy Term: 12 Effective: 01/01/18 (12:01 A.M. Standard Time at the address Expiration: 01/01/19 of the Named Insured stated above) In return for the payment of the premium and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. See the attached schedules for Description of Premises, Property Coverage, Optional Coverages, Forms and Endorsements applying to this policy and Mortgagee Schedule if applicable. LIABILITY COVERAGE LIMITS OF INSURANCE Liability & Medical Expenses - each occurrence $ 1 ,000 ,000 Personal and Advertising Injury Limit $ 1 , 000, 000 Products-Completed Operations Aggregate Limit $ 2, 000 , 000 General Aggregate Limit $ 2, 000 ,000 Fire Legal Liability- any one fire or explosion $ 500 ,000 Medical Expense Limit - per person $ 5, 000 Business Liability and Medical Expense: Except for Fire Legal Liability, each paid claim for the above cover- ages reduces the amount of insurance we provide during the applicable annual period. For policies subject to premium audit: Annual Audit Applies. Total Annual Premium: $ 550 FL EMPAT FUND: $ 4.00 FL FIRE MARSHALL: i .45 '^ /� TOTAL�/ PREMIUM AND CH GES 55 45 l Countersigned: � iA lU� �0/ / By: 64-5255(1/04) 11/13/17 RENEWAL TH 12B Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 ACORD 4453652 0919/18019610 12B CERTIFICATE OF LIABILITY INSURANCE 02/19/2018 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 CONTACT Paychex Insurance Agency Inc PAYCHEX INSURANCE AGENCY,INC. PHON: 150 SAWGRASS DRIVE (A/C NO.EXT): 877-266-6850 FAX No): 585-389-7426 ROCHESTER,NY 14620 E-MAIL Certs@paychex.com ADDRFCS• INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: NorGUARD Insurance Company 31470 PATRICK H NEALE PLLC INSURER B: PO BOX 9440 NAPLES,FL 34101 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO PREMISES(FRN occurrence) $ -1I-1CLAIMS-MADE1 DCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PROJECTI I LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY AAULLTOOSWNED I SCHEDULED (Per person) HIRED AUTOS I I PAWNED (Per accident)RY PROPERTY DAMAGE (Per accident) IUMBRELLA LIAB OCCUR EACH OCCURRENCE $ I EXCESS LIAB CLAIMS-MADE AGGREGATE $ I DED I I RETENTION$ $ WORKERS COMPENSATION AND X WC STATU- OTH- A EMPLOYERS'LIABILITY PAWC865570 07/11/2017 07/11/2018 TORY I IMITS FR E.L.EACH ACCIDENT $ 100,000.00 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 100,000.00 (Mandatory In NH) N/A E.L.DISEASE-POLICY LIMIT $ 500,000.00 It yes,describe under rIFSCRIPTION OF OPFRATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) CERTIFICATE HOLDER CANCELLATION Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Commissioners DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY 3299 Tamiami Trail East,Suite 303 PROVISIONS,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Naples,FL 34112 LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2010/05) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2/16/2018 Detail by Entity Name 1 2 B DIVISION Or CORPORATIONS Dtvniov t * r • �'D,3IR'..,.pt-A?r`\'rt r tin WiritstYtat Di Fitorida website Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Florida Limited Liability Company PATRICK H. NEALE, PLLC Filing Information Document Number L09000109315 FEI/EIN Number 27-1545958 Date Filed 11/13/2009 State FL Status ACTIVE Principal Address 5470 BRYSON COURT SUITE 103 NAPLES, FL 34109 Changed: 10/26/2011 Mailing Address PO BOX 9440 NAPLES, FL 34101 Changed:01/13/2012 Registered Agent Name&Address NEALE, PATRICK H 5470 BRYSON COURT SUITE 103 NAPLES, FL 34109 Address Changed:01/13/2012 Authorized Person(s)Detail Name&Address Title MGRM NEALE, PATRICK H 5470 BRYSON COURT NAPLES, FL 34109 Annual Reports Report Year Filed Date http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=PATRICKH... 1/2 1 2 B 2/16/2018 Detail by Entity Name 2015 04/09/2015 2016 03/02/2016 2017 03/17/2017 Document Images 03/17/2017—ANNUAL REPORT View image in PDF format 03/02/2016—ANNUAL REPORT View image in PDF format 04/09/2015—ANNUAL REPORT View image in PDF format 04/29/2014—ANNUAL REPORT View image in PDF format 01/24/2013—ANNUAL REPORT View image in PDF format 01/13/2012—ANNUAL REPORT View image in PDF format 04/27/2011—ANNUAL REPORT View image in PDF format 04/29/2010—ANNUAL REPORT View image in PDF format 11/13/2009—Florida Limited Liability: View image in PDF format flerida Department or State,Demon or corper000ns http://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDeta it?inq u irytype=EntityNa me&directionType=Initial&searchNameOrder--PATRICKH... 2/2 12B State of Florida Department of State I certify from the records of this office that PATRICK H. NEALE, PLLC is a limited liability company organized under the laws of the State of Florida, filed on November 13, 2009. The document number of this limited liability company is L09000109315. I further certify that said limited liability company has paid all fees due this office through December 31, 2018, that its most recent annual report was filed on February 27, 2018, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-seventh day of February, 2018 _A -4 1634A 044A 411. Secretary of State Tracking Number: CC6844725322 To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOf5tatus/CertificateAuthentication 128 2/16/2018 sunbiz.org-Florida Department of State DIVISION OF CORPORATIONS • DlYlitiEW LI/ raw of Florida'Waite Previous on List Next on List Return to List ;Fictitious Name Search Filing History Submit Fictitious Name Detail Fictitious Name PATRICK NEALE&ASSOCIATES Filing Information Registration Number G10000027428 Status ACTIVE Filed Date 03/25/2010 Expiration Date 12/31/2020 Current Owners 1 County COLLIER Total Pages 3 Events Filed 2 FEI/EIN Number 27-1545958 Mailing Address 5470 BRYSON COURT SUITE#103 NAPLES, FL 34109 Owner Information PATRICK H NEALE PLLC 5470 BRYSON COURT,SUITE#103 NAPLES, FL 34109 FEI/EIN Number:27-1545958 Document Number: L09000109315 Document Images 03/25/2010--Fictitious Name Filing View image.in PDF format 06/16/2015--Fictitious Name Renewal Filing View image in PDF forme 10/28/2011 --CHANGE NAME/ADDRESS View Image in P• DF format Previous on List Next on List Return to List Fictitious Name Search Filing History Submit Fic.rida Department of State.DIVIsten of Corporatiortis http://dos.sunbiz.org/scripts/ficidet.exe?action=DETREG&docnum=G10000027428&rdocnum=G10000027428 1/2 2/16/2018 sunbiz.org-Florida Department of State 1 2 B http://dos.sunbiz.org/scripts/ficidet.exe?action=DETREG&docnum=G10000027428&rdocnum=G10000027428 2/2 _ e z s,.. 12 B � sx,�*t Company ID Number: 1272759 " THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Patrick Neale &Associates (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Irt., - ,„._, ,_ e -, t--,,,f,,,, E-Viarrif „1/4,, ...K_, ,,,_ s.„..:... ,. .,/ ,„ 0,, E-VeriFy ,,, ... «, Company ID Number: 1272759 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept"List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 , , - e ,,,,,,,, es..kk% Company ID Number: 1272759 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.6 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article I II.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 lE-Verily _.,, ....... .., maws. Company ID Number: 1272759 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verifv@dhs.gov. Please use"Privacy Incident—Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 1 1 rify12 B ve a¢, Company ID Number: 1272759 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any"employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 . lolly ‘,.....,/ Company ID Number: 1272759 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ,E v oaf „ 1 2 - en k ! Company ID Number: 1272759 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 n ,, t� 1 2 B _ E / tic, Company ID Number: 1272759 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 i !E-VeriFy Company ID Number: 1272759 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. i 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers 1 Revision Date 06/01/13 ,,,.rso E otv c,,,A s1/4,r„.,, L''''''t1C — era Company ID Number: 1272759 employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch,the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 1 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 err u1 ,,,,Eve iif y �`'+Vds9'Y?� Company ID Number: 1272759 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses,financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C.The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1272759 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G.The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 *'''.;.74 e 6-I.'''.T riry if Company ID Number: 1272759 Approved by: Employer Patrick Neale&Associates Name (Please Type or Print) Title Patrick Neale Signature Date Electronically Signed ,,, •,, '''''''..',..' . ' 02/16/2018 Department of Homeland Security—Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 02/16/2018 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 .,„ ,::,....L. ,,, ,e,„:„.iiziks .., m ma Company ID Number: 1272759 Information Required for the E-Verify Program Information relating to your Company: Patrick Neale&Associates Company Name 5470 Bryson Ct 103 Company Facility Address Naples; FL 34109 PO Box 9440 Naples, FL 34101 Company Alternate Address County or Parish COLLIER Employer Identification Number 271545958 North American Industry 541 Classification Systems Code Parent Company Number of Employees 1 to 4 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 2 B Company ID Number: 1272759 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 128 V we c 77'.' " er. , , ,n,.. ✓ ,, , 0 . Arrr Company ID Number: 1272759 Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name Karen Klukiewicz Phone Number (239)642- 1485 Fax Number (239)642- 1487 Email Address karen@patrickneale.com Name Patrick H Neale Phone Number (239)642- 1485 Fax Number (239)642- 1487 Email Address pneale@patrickneale.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 i ,--., i (4* /00,4tooici 1 2 13 :0,, e z ...i. t.,..Mit, Company ID Number: 1272759 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 128 Solicitation 18-7298 Special Magistrate Services for Collier County Enforcement END OF RESPONSE DOCUMENT Patrick H. 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