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Agenda 09/14/2010 Item #16F 5 Agenda Item No. 16F5 September 14, 2010 Page 1 of 14 Executive Summarv Recommendation to approve Change Order #1 to Contract 09-5174 "Management Services for Pelican Bay Services Division" with Dorrill Management Group, Inc. in the amount of $18,960 annually. OBJECTIVE: To approve Change Order # 1 to Contract 09-5174 "Management Services for Pelican Bay Services Division" in the amount of $18,960 annually. CONSIDERATION: On June 23, 2009, the Board approved agenda item 16F7, approving a contract with Dorrill Management Group, Inc. in the amount of $56,400.00 annually. Due to the increased hours necessary to administer the PBSD, it has been determined to be in the best interest of the PBSD and the County to increase the contract amount to $75,360.00 annually, beginning on July 1,2010 and terminating on June 30,2011. At their July 7, 2010 meeting the PBSD board unanimously approved the increase due to the additional hours dedicated to board business. The Community of Pelican Bay has been designated a dependent Municipal Services Taxing and Benefit Unit (MSTBU) within Collier County. The Pelican Bay Services Division (PBSD) oversees the operation of this Unit. The Community receives County Services directly from Collier County and special, non-County services and benefits from the Pelican Bay Services Division (PBSD). Pelican Bay property owners (both residential and commercial) tax and assess themselves each year to pay for the special PBSD services and amenities. These PBSD funds are collected by the County but have been administered by the PBSD Board with the assistance of a Staff and a Manager. FISCAL IMPACT: Funds have been budgeted in the FY 2011 budget in the amounts of $57,200 in the Pelican Bay MSTBU Fund 109 and $18,800 in Pelican Bay Street Lighting fund 778. GROWTH MANAGEMENT IMPACT: There IS no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: This agreement has been reviewed for legal sufficiency and is ready for Board consideration and approval. - JBW RECOMMENDATION: That the Board of County Commissioners approves Change Order #1 to Contract 09-5174 "Management Services for Pelican Bay Services Division" with Dorrill Management Group, Inc. and authorizes the Chairman to sign Change Order #1. Prepared by Mary McCaughtry, Operations Analyst, Pelican Bay Services Division Agenda Item No. 16F5 September 14, 2010 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F5 Recommendation to approve Change Order #1 to Contract 09-5174 Management Services for Pelican Bay Services Division with Dorrill Management Group, Inc. in the amount of $18,960 annually. 9/14/20109:00:00 AM Meeting Date: Prepared By Mary McCaughtry Operations Analyst Date Pelican Bay Services Pelican Bay Services 8/25/20102:02:38 PM Approved By Kelsey Ward Manager - Contracts Administration Date Administrative Services Division Purchasing & General Services 8/26/20103:31 PM Approved By Steve Carnell Director - Purchasing/General Services Date Administrative Services Division Purchasing & General Services 8/27/20104:34 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 9/7/2010 10:50 AM Approved By Jeff Klatzkow County Attorney Date 91712010 1 :08 PM Approved By OMB Coordinator Date County Manager's Office Office of Management &. Budget 9/712010 1 :28 PM Approved By Kyle Lukasz Manager - Pelican Bay Services Date Pelican Bay Services Pelican Bay Services 917120103:59 PM Approved By Randy Greenwald Office of Management & Budget Management/Budget Analyst Date Office of Management & Budget 917120104:04 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 9/7/20104:14 PM Agenda Item No. 16F5 September 14, 2010 Page 3 of 14 CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 09-5 174 BCC Date: 6/23/2009 Agenda Item: 16F7 -~ ',-::;> -:=:; ~;:. ~,~..., -;::;/. ..::.---, . .--<. ~#. v' ,-. --' ,.-~ .,.~ '. .... -- .-~.. TO: DOfrill Management GrouPl Inc. 5672 Strand Ct.l Ste. 1 Naples, FL 34110 ~ --;:: , " :::'0:. '.:Z:: C ~ - . ~ V'. DATE: July 7, 2010 PROJECT NAME: Management Services for Pelican Bay Services Division PROJECT NO.: N/A Under our AGREEMENT dated June 23, 2009_. Y Oll hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: In accordance with Section 3 the Contract Sum increases the annual contract for additional hours being dedicated to PBSO business. FOR THE (Additive) Sum of: Eighteen Thousand Nine Hundred Sixty Dollars and No Cents ($18,960.00). Original Agreement Amount $56,400.00 Sum of Previous Changes $ -0- This Change Order add $18,960.00 Present Agreement Amount $75,360.00 The time for completion shall be increased by 0 calendar days due to this Change Order. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. Accepted: ""2(, IT' I ,2010. CONTRACTOR: Dorrill Managem r' OWNER: l' ~/" ~.~.... ~'..:"[ /,--' .' ' . ~ 00'r" {.o (. /'7 By: W J.o~ ((..... M Ie Lukasz, Proj - Date: ATTEST: Dwight E. Brock, Clerk BY: Ap10val fbr form and legal Sufficiency: ~f.-n " :,'-, .~ .... '.'.rJ:.:\ VW Jennif~r B)~hite Assistant County Attorney "" ! ~ By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Fred W. Coyle, Chairman Agenda Item No. 16F5 September 14, 2010 Page 5 of 14 J AG R E E MEN T09-5174 for Management Services for Pelican Bay Services THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between Dorrill Management, authorized to do busine~,:; in the State of Florida, whose business address is 5672Strand Ct. Suite 1, Naples Florid,:J. 34110, hereinafter called the "Consultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the ltCountylt: WITN E S ':; E TH: 1. COMMENCEMENT. The Consultant shall commence the work upon execution of this agreement. The contract shall be for a perhd of (12) months. Additionally, by mutual agreement and funding availability, the contract may be renewed for three (3) terms of twelve (12) months each. In no event, induding renewal options, shall the contract exceed four (4) years. The County shall 5ive the Consultant vvritten notice of the County's intention to extend the Agreemen term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Consult.nt shall provide Management Services in accordance with the terms and conditior.s of RFP #09-5174 and the Consultant's proposal referred to herein and made :m integral part of this agreement. This Agreement contains the entire unders:anding between the parties and any modifications to this Agreement shall be mutually agreed upon in vvriting by the Consultant and the County Contract Manai~er or his designee, in compliance with the County Purchasing Policy and Administrcltive Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of the Agreement the sum of ($42,300.09) (forly two thousand three hundred dollars) for the period of time commencing on July 1, 21)09 and ending on June 30,2010, payable at the rate of (three thousand five hundred thi::iy three dollars) ($3,533) per month, subject to Change orders as approved in advance 1y the County. This price shall be fixed and firm for the first year duration but will incrl::ase to ($56,400.00) (fifty six thousand four hundred dollars) for subsequent years of tht' contract and any approved travel expenses shall be paid at actual costs with no markup for any travel outside of Lee and Collier County. Payment will be made upon receip1: of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known .18 the "Local Government Prompt Payment Act" . Page 1 of9 Agenda Item No. 16F5 September 14, 2010 Page 6 of 14 \ TRAVEL AND REIMBURSABLE EXPENSE :; Travel expenses shall be reimbursed as per SE'ction 112.061 Fla. Stats. Reimbursements shall be at the following rahs: Mileage $0.445 1 Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual tourist, Rental car Actual compac vehicle1 Lodging Actual I occupal more tl1 Parking Actual ( Taxi or Airport Actual Limousine airport: er mile ticket cost limited to ,Ir coach class fare .. rental cost limited to or standard-size , :ost of lodging at single .cy rate 'With a cap of no m $150.00 per night ost of parking cost of either taxi or imousine Reimbursable items other than travel exFenses shall be limited to the following: telephone long-distance charges, fax char:;es, photocopying charges and postage. Reimbursable items will be paid only ater Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this A.greement. 4. SALES TAX. Consultant shall pay all sdes, consumer, use and other similar taxes associated with, the Work or portions:hereof, which are applicable during .the performance of the Work. 5. NOTICES. All notices from the County to 111e Consultant shall be deemed duly served if mailed or faxed to the Consultant at the fC1llowing Address: Dorrill Manageme:lt Group, Inc. 5672 Sh'and Ct. Suite 1 Naples, Flari<~a 34110 Telephone: 23S..592-9115 Attn: William ;'.J. Dorrill Fax: 239-59,:-4122 Page 2 of 9 Agenda Item No. 16F5 September 14, 2010 . . PaQP 1 of 14 All Notices from the Consultant to the COUI'rty shall be deemed duly served if man~a or faxed to the County to: Collier County Gov,:rrnnent Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasingj GS Director Telephone: 23:1-252-8371 Facsimile: 2351-252-6584 The Consultant and the County may charge the above mailing address at any time upon giving the other party written notifica ion. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein conte tned shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 7. PERMITS: LICENSES: TAXES. In comp:iance with Section 218.80, F.5., all permits necessary for the prosecution of the Work slall be obtained by the Consultant. Payment for all such permits issued by the County fhall be processed internally by the County. All non-County permits necessary for theJTosecution of the Work shall be procured and paid for by the Consultant. The Cor sultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws If Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County faciLties for any improper, immoral or offensive purpose, or for any purpose in violation I)f any federal, state, county or municipal ordinance, rule, order or regulation, or of a:lY goverrnnentaI rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representltive shall deem any conduct on the part of the Consultant to be objectionable or imp roper, the County shall have the right to suspend the contract of the Consultant. 5h mId the Consultant fail to correct any such violation, conduct, or practice to the satisfa. non of the County lNithin tvv€nty-four (24) hours after receiving notice of such violaticn, conduct, or practice, such suspension to continue until the violation is cured. The CC:lsultant further agrees not to corrunence operation during the suspension period uFtil the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Consultani be found to have failed to perform his services in a manner satisfactory to the COUlty as per this Agreement, the County may terminate said agreement immediately for CLUse; further the County may terminate this Agreement for convenience with a thirty (3!)) day written notice. The County shall be sole judge of non-performance. . Page 3 of9 - 10. Agenda Item No. 16F5 September 14, 2010 Page 8 of 14 NO DISCRIMINATION. The Consultant 3.grees that there shall be no discrimination as to race, sex, coloT, creed or national origil. 11. INSURANCE. The COnsult~t ~~l provide insurance as fOIl~WS: .. / A. Commercial General LIabIlIty: Coven.ge shall have rrurumum limits of $1,000,000 Per Occurrence, Combined Single Unit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Pro~u~. and Completed Operations ~d Contractual Liability. / B. Business Auto LiabIlIty: Coverage E1all have muumum lnruts of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall includE~: Owned Vehicles, Hired and Non-Owned Ve:Picles and Employee Non-Ovmersl1 ~p. C. Workers' Compensation: Insurance covering all employees meeting Statutory ~ Limits in compliance with the applicaI:1e state and federal laws. ~',f' The coverage must include Employen ' Liability with a minimum limit of $500,000 ~ ' for each accident. D. Professional Liability: Coverage shall Lave a minimum limit of $ 1,000,000 Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeling the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County:hirty (30) days prior to any expiration date. There shall be a thirty (30) day nctification to the County in the event of cancellation or modification of any stiJiu1ated insurance coverage. Consultant shall insure that all subccntractors comply with the same insurance requirements that he is required to : 11eet. The same Consultant shall provide County with certificates of insurance n'eeting the required insurance provisions. 12. L1'\lDEl\1NIFICATION. To the maXL."TIUIll extent permitted by Florida law, the Consultant shall indemnify and hold hrmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and p;:tralegals' fees, to the extent caused by the negligence, recklessness, or intentionally vvrmgful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be const:ued to negate, abridge or reduce any other rights or remedies which otherwise may be wailable to an indemnified party or person described in this paragraph. This section does not pertain to any incider't arising from the sole negligence of Page 4 of 9 Agenda Item No. 16F5 September 14, 2010 Page 9 of 14 Collier County. 13. CONTRACT ADMINISTRATION. Thb Agreement shall be administered on behalf of the County by Pelican Bay Managemen: Services Division. 14. CONFLICT OF INTEREST: Consultant r.::presents that it presently has no interest and shall acquire no interest, nor give the apFearance of conflict of interest either direct or indirect, which would conflict in any IDanller with the performance of services required hereunder. Consultant further represents:hat no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTHACT. This Contract consists of the attached component parts, all of which are as fuliy a part of the contract as if herein set out verbatim: Consultant's Proposal, Insuran:e Certificate, RFP #09-5174, Exhibit A Scope of Services and Addendum! Addenda. 16. SUBTECT TO APPROPRIATION. It is further understood and agreed by and betvveen the parties herein that this agreE :nent is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COLNTY EMPLOYEES. No organization or individual shall offer or give, either dir'~ctly or indirectly, any favor, gift, loan, fee, service or other item of value to any Ccunty employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violatioil of this provision may result in one or more of the following consequences: a. Prohbition by the individual, firm, and! or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and! or firm from doing business with the County for a specified period of time, including but Lot limited to: submitting bids, RFP, and! or quotes; and, c. immediate termination of any contract held by the individual and! or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. B:- executing and entering into this agreement, the Consultant is formally acknowledginj without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 USe. 'J 324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach )f this agreement and the County shall have the discretion to unilaterally terminate this il.greement irnmediately. 19. OFFER EXTENDED, TO OTHER GOVi~RNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricingl terms and conditions of this solicitation or resultant ccntract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of tilis Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in pa::t, the remaining portion of this Agreement shall remain in effect. -, Page 5 of9 Agenda Item No. 16F5 September 14,2010 Page 10 of 14 21. ADDITIONAL ITEMS/SERVICES. Additicnal items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Consultant. 22 DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disF utes by negotiation. The negotiation shall be attended by representatives of Consultart with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for app:'oval. Failing resolution, and prior to the commencement of depositions in any liti[~ation between the parties arising out of this Agreement, the parties shall attempt to II~solve the dispute through Mediation before an agreed-upon Circuit Court Mediab,r certified by the State of Florida. The mediation shall be attended by repres::ntatives of Consultant with full decision- making authority and by County's staff person who would make the presentation of any settlement reached at mediation to '::ounty's board for approval. Should either party fail to submit to mediation as requ ired hereunder, the other party may obtain a court order requiring mediation under sedion 44.102, Fla. Stat. . Any suit or action brought by either parly to this Agreement against the other party _ relating to or arising out of this AgreemeJ It must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. KEY PERSONNEI/PROTECT STAFFING The proposer's personnel and management to be utilized for this project shall be kn lwledgeable in their areas of expertise. The County reserves the right to perform in' 'estigations as may be deemed necessary to insure that competent persons will be 1 :tilized in the performance of the contract. Selected firm shall assign as many peap e as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in th(' Project Schedule. Firm shall not change Key Personnel unless the following conditi01 ,5 are met: (1) Proposed replacements have substantially the same or better qualificati )ns and/ or experience. (2) that the County is notified in writing as far in advance <:s possible. Firm shall make commercially reasonable efforts to notify Collier Coun'y within seven (7) days of the change. The County retains final approval of prop osee replacement personnel. Page 6 of9 Agenda Item No. 16F5 September 14, 2010 Page 11 of 14 IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their l:ands and seals on the date and year first above written. AITEST: : , ;"""'"'' , .' "'.' . i:',; , ~ -f:., . -' . t> . .';, Dwigp.t,:~~~~~~k~f Courts B'i;~V.~?'~~~~:)'~ \ " D~t@~. ....- ". . ~~~~'1jY " . "..'::il~'. ,<~:,: ..'. ." ....\'cfl..,..(~":t : " ......k1. .,I"\'.''':i~~' . "\' l~., '_. ;' ... . ::::s- .::.~s A. P0~.$ Type/ print witness name OU~~C Jr--M~ Second Witness -fill i St>(l C. 0/ l'.-YVjn /1 Type/ print witness name BOjl.RD OF COUNTY COMMISSIONERS COl UER COUNTY, FLORIDA Br-. ~ dJ4 Donna Fiala, Chairman perrill Management Group By: _ ...l. _-Heil Dorrill, President Typed signature and title Approved as to form and legal sufficiency: ~~~kJ:- Assistant County Attorney J ennuer vvtdte Page 7 of9 II Ii Agenda Item No. 16F5 September 14, 2010 Page 12 of 14 Exhbit A Scope of Services This Scope of Services addresses the dllties and responsibilities of the newly titled Administrator of the Pelican Bay Services Divi:don, hereinafter called the "Administrator", formerly titled "Manager", effective JUI'1P ;;l3, z,:~. DUTIES OF THE ADMINISTRATOR The Administrator's duties and responsibilities i1.c1ude the following: 1) It will be the Administrator's main res'lonsibility to implement the policies of the PBSD, as directed by the Pelican Bay Servces Division Board. 2) The Administrator shall prepare the necE'5sary organizational structure and interview and recommend personnel to be hired an;! employed by the County for the PBSD. The Administrator shall supervise the perso:mel employed by the PBSD in accordance with all Federal, State and County laws, rules and regulations where applicable. The Administra,tor shall request approval of fl.e PBSD Board for any significant changes in size or makeup of the organization. Cmrently, the Administrator has the following people reporting to him - one (1) Superirltendent, one (1) Operations Analyst, one (1) Administrative Assistant and sixteen (16) field employees. 3) The Administrator shall implement al policies established by the County in connection with the operation of the PBSI I. 4) The Administrator shall be expected to n:ake recommendations on a regular basis for programs to improve the Pelican Bay COD Lffiunity 5) The Administrator shall participate in meetings, discussions, project site visits, workshops and hearings as may pertain to the administration of the services being provided and report results to the PBSD foard. 6) The Administrator shall attend regular ald special meetings of the Board of County Commissioners when issues arise regarding PBSD activities and report results to the PBSD Board. The Administrator will slggest that a PBSD Board member join the Administrator at the meeting if the AdmiJ listrator deems that such joint representation would be desirable. .. 7) The Administrator shall review outside ,:ontractor 'bids and make recommendations for approval or disapproval to the PBSD I.oard. 8) The Administrator shall work with th! Chairperson of the PBSD Board in the preparation of the Board's agenda and ol1aborate with the Chair in selecting items and priorities. Page 8 of9 Agenda Item No. 16F5 September 14, 2010 Page 13 of 14 9) The Administrator shall prepare and administer the PBSD's Annual Budget(s) in accordance with all Federal, State and ::ounty laws, rules and regulations where applicable. 10) The Administrator will have an understanding of Florida County government operations, good management principals imd skills, as well as ~owledge and skills in personnel relations, public relations, and accounting and computer software operations. 11) The Administrator's performance may be critiqued by any Board member at a regular monthly Board meeting. Any Board member may meet privately with the Administrator to discuss Administrator's iJerformance. 12) The Administrator shall devote such tin'e as necessary to complete the duties and responsibilities assigned according to the ;opecifications of this RFP. The Administrator shall spend a minimum of three hundrE~d twelve (312) hours a year on the duties specified. Hours spent over the rninimllm are not entitled to extra compensation unless approved in written by the PBSD lioard. The Administrator should detail on a monthly basis the time spent in the perle-mance of these duties. The PBSD currently provides an office and staff for the ,u:lministrator in Pelican Bay, but is not contractually required to do so. 13) The Administrator shall respond to any request for information or data from the County Managers office. 14) The Administrator may be called on 1) provide assistance to any or all other committees that are currently and may be .:reated by PBSD Board. - Page 9 of9 Agenda Item No, 16F5 September 14, 2010 Page 14 of 14 EXIDBIT A -1 Contract Amendment No. 1 to 09-5174 "Management Services for Pelican Bay Services" This amendment, dated 9'" /~ ,2009 to the referenced agreement shall be by and between tbe parties to tbe original agreement, DorriU Management Group, (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: Contract #09-5174 "Management Services for Pelican Bay Services" The following change to the above referenced Agreement has been mutually agreed to by the Consultant and the County. The additions to the existing language in the Agreement are shown herein by underlining; deletions from the Agreement are shown by strikethreughs. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of the Agreement the sum of ($42,300.00) (forty two thousand three hundred dollars) for the period of time commencing on July 1, 2009 and ending on June 30,2010, payable at the rate of (three tho1::15i.1nd five hundred thirty three dollars) ($3,533) three thousand five hundred twenty five dollars ($3525.00) per month, subject to Change orders as approved in advance by the County. TIris price shall be fixed 'and firm for the first year duration but will increase to fifty six thousand four hundred dollars ($56,400.00) for subsequent years of the contract Any pre-approved travel expens_es shall be paid at actual cost with no markup for travel outside of Lee and Collier County. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stat., otherwise kno""n as the "Local Government Prompt Payment Act" . All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. By: Accepted: ?-/t ,2009 BOARD OF COUNTY COMMISSIONERS COLLIER COUINTY'~~9~ "'-