Backup Documents 02/08/2011 Item #16K2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16K2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw aline through routing lines #1 through #4, complete the checklist, and forward to Ian Mitchell.
Route to Addressee(s)
Office
Initials
Date
(List in routing order
Collier County Attorney's Office
(Initial)
Applicable)
1.
February 8, 2011
Agenda Item Number
16K2
2.
Board of County
-L /9 ICI
Type of Document
Commissioners
Number of Original
1
3. Minutes and Records
Clerk of Court's Office
Documents Attached
4. Two (2) Certified copies returned
County Attorney's Office
to: Kay Nell and charge to the
Chairman and Clerk to the Board and possibly State Officials.)
Transportation under the Vanderbilt
All handwritten strike- through and revisions have been initialed by the County Attorney's
N/A
Beach Road Project 63051
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
6.
document or the final negotiated contract date whichever is applicable.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, need to contact staff for additional or missing information. All original
documents needing the BCC Chairman's si ature are to be delivered to the BCC office rily after the BCC has acted to approve the item.
Name of Primary Staff
Kay Nell, CLA
Phone Number
Extension 8400
Contact
Collier County Attorney's Office
(Initial)
Applicable)
Agenda Date Item was
February 8, 2011
Agenda Item Number
16K2
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Agreement
Number of Original
1
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
armrovriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike- through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
sip-nature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to the BCC office within 24 hours of BCC approval. Some documents
are time sensitive and require forwarding to Tallahassee within a certain time frame or the
BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
County Attorne 's Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM 16K �
Date: February 9, 2011
To: Kay Nell, CLA
County Attorney's Office
From: Teresa Polaski, Deputy Clerk
Minutes and Records Department
Re: Agreement for Expert Consultant Services with Trauner
Consulting Services, Inc.
Attached please find one copy of the documents referenced
above, (Agenda Items #16K2) adopted by the Board of County
Commissioners on Tuesday, February 8, 2011.
If you should have any questions, you may contact me at 252 -8411.
Thank you.
Attachments (3)
16K2
AGREEMENT
for
Expert Consultant Services
THIS AGREEMENT, made and entered into on this 8-th day of February ' 2011, by and
between Trauner Consulting Services, Inc., a foreign corporation authorized to do business in the State
of Florida, whose business address is 5337 Millenia Lakes Boulevard, Suite 200, Orlando, Florida
32839, hereinafter called the "Contractor" or "Consultant," and Collier County, a political subdivision of
the State of Florida, Collier County, Naples, hereinafter called the "County ":
WITNESSETH:
1. COMAMNCEMENT. The Contractor shall commence the work on the Vanderbilt Beach Road
Project arbitration and litigation case, Case Number 08- 3496 -CA, on the date of the issuance of a
Purchase Order with this Agreement.
The general terms and conditions of this Agreement shall be for the duration of the litigation case
through trial, commencing as stated above and terminating at the conclusion of trial.
2. STATEMENT OF WORK. The Contractor shall provide independent consulting services in
connection with certain issues arising out of the construction of the Project during the arbitration
and litigation of the case styled Ker Enterprises d/b /a Armadillo Underground v. APAC- Southeast,
Inc. v. Collier County, Case No. 08- 3496 -CA, now pending in the Twentieth Judicial Circuit in
and for Collier County. It is anticipated that Richard E. Burnham, Director, will be the primary
person involved in research, analysis and opinion development. The scope of services will be
defined in a series of phases as work hereunder proceeds as shown in the attached Scheduled
Scope of Services through delivery of a written report prior to May 1, 2011. As of the date of
execution of this Agreement the agreed -upon scope is that which is attached hereto as Attachment
A.
This Agreement contains the entire understanding between the parties and any modifications to
this Agreement shall be mutually agreed upon in writing by the Contractor and the County, in
compliance with the County Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized.
3. THE CONTRACT SUM. The County has established a "Maximum Budget Amount" of $75,000
for the Contractor's work hereunder, inclusive of all work listed in Attachment A, allowable
expenses, and travel costs. The budget will be adjusted as necessary as the parties agree to budget
amounts for additional phases of work and add the scope of work related to those subsequent
phases by adding to or amending Attachment A. The hourly rates are as set forth in the attached
hourly fee schedule attached hereto as Attachment B.
4. PAYMENTS:
A. Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after
completion of the services under this Agreement. Any untimely submission of invoices
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beyond the specified deadline period is subject to non - payment under the legal doctrine of
"laches" as untimely submitted. Time shall be deemed of the essence with respect to the
timely submission of invoices under this Agreement.
B. For a term agreement use: Payment will be made upon receipt of a monthly invoice
submitted to the County Attorney or his designee and upon approval of the Collier County
Transportation Department, and in compliance with Chapter 218, Fla. Stats., otherwise
known as the "Local Government Prompt Payment Act."
5. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement
upon completion or partial completion of the work tasks as accepted and approved by the County
Attorney or his designee pursuant to the fees as set forth in this Agreement, together with the
Travel and Reimbursable Expenses as defined in this Agreement. Payments shall be made to the
Contractor when requested as work progresses, but not more frequently than once per month, on
an hourly basis in accordance with the hourly fee schedule set forth in Attachment B for the
services and at costs for Travel Expenses set forth below. Payment will be made upon receipt of a
proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act."
6. TRAVEL AND REIMBURSABLE EXPENSES. Travel and Reimbursable Expenses must be
approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section
112.061, Fla. Stats.
Reimbursements shall be at the following rates:
Mileage
$0.445 per mile
Breakfast
$6.00 (when travel begins before 6:00 am)
Lunch
$11.00 (when travel begins before noon
and extends beyond 2:00 pm)
Dinner
$19.00 (when travel begins before 6:00 pm
and extends beyond 8:00 pm)
Airfare
Actual ticket cost limited to tourist or coach
class fare
Rental car
Actual rental cost limited to compact or
standard -size vehicles
Lodging
Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
night
Parking
Actual cost of parking
Taxi or Airport
Actual cost of either taxi or airport limousine
Limousine
Reimbursable items other than travel expenses shall be limited to the following: telephone long -
distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid
only after Contractor has provided all receipts. Contractor shall be responsible for all other costs
and expenses associated with activities and solicitations undertaken pursuant to this Agreement.
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7. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the work or portions thereof, which are applicable during the performance of the work.
8. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed
or faxed to the Contractor at:
Richard E. Burnham, Director
Trauner Consulting Services, Inc.
5337 Millenia Lakes Boulevard, Suite 200
Orlando, Florida 32839
Telephone: (407) 345 -0366
Facsimile: (407) 248 -9535
E -Mail Address: rick.burnham@traunerconsultin .com
All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to
the County to:
Collier County Attorney's Office
c/o Jacqueline Hubbard, Litigation Section Chief
3299 Tamiami Trail, East, Suite 800
Naples, Florida 34112
Telephone: (239) 252 -8400
Facsimile: (239) 884 -0225
E -Mail Address: jacquelinehubbard@colliergov.net
The Contractor and the County may change the above mailing addresses and telephone or
facsimile numbers at any time upon giving the other party written notification. All notices under
this Agreement must be in writing.
9. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
10. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend this Agreement with the Contractor. Should the Contractor fail to correct
any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to continue
until the violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
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11. TERNIINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County as per this Agreement, the County may terminate this
Agreement for cause; further the County may terminate this Agreement for convenience with a
thirty (3 0) day written notice. The County shall be sole judge of non - performance.
12. NO DISCRINIINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
13. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors; Products
and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and
Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000 for each
accident.
Special Requirements: Collier County Government shall be listed as the Certificate Holder
and included as an Additional Insured on the Comprehensive General Liability Policy. A
copy of the insurance certificates shall be attached to this Agreement.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall
be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30)
day notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that the Contractor is required to meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance provisions.
14. INDENINIFICATION. To the maximum extent permitted by Florida law, the
Contractor/Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone
employed or utilized by the Contractor /Vendor /Consultant in the performance of this Agreement.
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This indemnification obligation shall not be construed to negate, abridge or reduce any other rights
or remedies which otherwise may be available to an indemnified parry or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Collier County Attorney's Office and the Collier County Transportation
Administration department.
16. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. Contractor further represents that no persons having
any such interest shall be employed to perform those services.
17. COMPONENT PARTS OF THIS CONTRACT. This Agreement consists of the attached
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to
any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a) prohibition by the individual, firm,
and/or any employee of the firm from contact with County staff for a specified period of time; b)
prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c) immediate
termination of any contract held by the individual and/or firm for cause.
20. INIlVIIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the
Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement
and the County shall have the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and conditions of
this solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
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22. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain
in effect.
23. ADDITIONAL ITEMS /SERVICES. Additional items and/or services may be added to this
Agreement upon satisfactory negotiation of price by the County Attorney or his designee and the
Collier County Transportation Administration department.
24. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives of
Contractor with full decision - making authority and by County's staff person who would make the
presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla.
Stats.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
25. KEY PERSONNEL/PROJECT STAFFING: The proposer's personnel and management to be
utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the
right to perform investigations as may be deemed necessary to insure that competent persons will
be utilized in the performance of the contract. Selected firm shall assign as many people 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 the Project Schedule. Firm shall not
change Key Personnel unless the following conditions are met: (1) Proposed replacements have
substantially the same or better qualifications and/or experience. (2) that the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify
Collier County within seven (7) days of the change. The County retains final approval of proposed
replacement personnel.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight F`,n of Courts COLLIER COUNTY, FLORIDA
By, ; _! By:
lat #,T��€!$�Ii�+lC�erk Fred W. Coyle, Chairman "
3ature;;0lt.r <°
CONTRACTOR/CONSULTANT
TRAUNER CONSULTING SERVICES, INC.
First Witness a Foreign Corporation
Richard E. Burnham
TType /print witness nameT /
By:
Theodore J. frauner, Jr., CEO
Second Witness
Teri B. Doss
TType /print witness nameT
Approved as to form and
legal sufficiency:
"equelirle Hubbard, Litigation Section Chief
ice of the County Attorney
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ATTACHMENT A
SCOPE OF SERVICES
KER Enterprises, Inc. d/b /a Armadillo Underground v. APAC -SE, et al v. Collier County
Case No. 08- 3496 -CA
Vanderbilt Beach Road Project 63051
PHASES
SERVICES
UP TO
AMOUNT
I
Schedule Delay Analysis to Substantial Completion
$19,000
II
Meeting with County Staff and Consultants
$ 4,000
to review their attribution of the causes of delays to
Substantial Completion
III
Schedule Delay Analysis to Interim Milestones
$29,000
IV
Written Report of Schedule Delay Analyses to Substantial
$18,000
Completion and Interim Milestones (prior to May 1, 2001
Mediation)
V
Meeting with County Staff and Consultants
$5,000
to review their attribution of the cause of delay to Interim
Milestones and Finalize Report (also prior to May 1, 2011
Mediation)
TOTAL: $75,000
16K2
ATTACHMENT B
FEE SCHEDULE
KER Enterprises, Inc. d/b /a Armadillo Underground v. APAC -SE, et al v. Collier County
Case No. 08- 3496 -CA
Vanderbilt Beach Road Project 63051
TRAUNER STAFF
HOURLY RATE
PRINCIPALS
$295-$475
DIRECTORS
$180-$250
CONSULTING STAFF
$105-185
TECHNICAL/SUPPORT STAFF
$75-105