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#18-7352 (Dorrill Management Group) FIXED FEE PROFESSIONAL SERVICE AGREEMENT ##18-7352 for MANAGEMENT SERVICES FOR PELICAN BAY SERVICES DIVISION THIS AGREEMENT, made and entered into on this 0251` day of , p4-ern b.Z.r 20 , by and between Dorrill Management Group, Inc. authorized to do business in the State of Florida, whose business address is 5672 Strand Court, Suite#1, Naples, FL 34110 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be for a three (3 ) year period, commencing ■ - e• • = e- = - _-- c - e e e - ■ on October 1, 2018 and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for one (1 ) additional two (2 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a n Purchase Order ❑ Notice to Proceed n Work Order. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ■ Request for Proposal (RFP) I I invitation-to-Bid (--I-1 B ❑ Other ( ) # 18-7352 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑� Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. n Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. . • : _:- e ,_ _ .. . e - e _ _e_ .. a ... .. .. - -. •...-. . __ . - . . :,_ . .. _ . ._. • _ _.a ..2. ••- 'a. . '-e ._. a. et . _• ..'-' a e_ _ •e carton-, etc.). • '. a __ .. _ _ •e_ . • •: •• e ' - .e • • _ ••e_ e - •' - Page 2 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) (c7:`,, 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 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 Agreement. Any untimely submission of invoices 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. 4.4 • 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 $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 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 Limousine Actual cost of either taxi or airport 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. 5. 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 15 Fixed Price Professional Service Agreement#2017-001(Ver 2) 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Dorrill Management Group, Inc. Address: 5672 Strand Court, Suite 1 Naples, Florida 34110 Authorized Agent: Neil Dorrill, President Attention Name & Title: Neil Dorrill, President Telephone: 239-592-9115 E-Mail(s): neil@dmgfl.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Sean Callahan Division Name: Executive Director of Corporate Business Operations Address: 3299 Tamiami Trail E, Building F, Suite 202 Naples Florida 34113 Administrative Agent/PM: Sean Callahan Telephone: 239-252-8383 E-Mail(s): Sean Callahan@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. 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. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) 9. 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 the Agreement of 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. 10. TERMINATION. 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 said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate 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 $ 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 Vehicles and Employee Non-Ownership. C. n Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 5of15 Fixed Price Professional Service Agreement#2017-001(Ver.2) The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. D. Iii Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. E. n ,. _ _a_ •_ ••••••• _ •• oss61-cre116e: e: e__. `• G. , . _e _._ .• e occurrence. • I - . t e - _- - - a ' - • Coverage shall be maintained where applicable to the completion of the work $ per •J- • • • • __... • • I1 C-i varage &hall hovo a...'as a '.a.'.._ a. ', •_, •.._.— Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 6 of 15 Fixed Price Professional Service Agreement#2017-001(Ver 2) Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 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 party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Corporate Business Operations 15. 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. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), IN Exhibit A Scope of Services, Exhibit B Fee Schedule, n RFP/I In Other #18-7352 , including Exhibits, Attachments and Addenda/Addendum, n subsequent quotes, and n Other Exhibit/Attachment: Page 7 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) 17. APPLICABILITY. Sections corresponding to any checked box (1111) will expressly apply to the terms of this Agreement. 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, as amended, 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 Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. Page 8 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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 Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 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 in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 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 Page 9 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) 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. Stat. 25. VENUE. 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. 26. - - ,.� ,...,.. ..� _e• _ _ '_ e: _.......�. _... ....� .._. .._ ., e. ,. ... _,. ..e. •'_ e . �.._. _•. et. •e -••-_ .. .. .. _ :.“ a e:a._ . ._ _ e_. __to t_ theright to perform investigations as may be deemed necessary to ensure that _e••a: :• et -ea- • et- :e • a: et rformance of the Agreement. The Contractor •_... _._.,,'a•. a..._.• . .. e •--------- a _ea., : :. .:. -_a •_:_ e a. _ ..•.: ae. :.._._•. • .e• _ __ e•:e. _..,, e.= a _.•. _••.e _.•. e '•rn_ ..e e _ _ _ , ••_ . at e_. to _: •_'_: e. t_ at ._e. _ __e_ _a_. •e _a_ae: _ _earn: - • _-- •_ e. e .. , _erne . ea _ :. _ u: . ' eee_:e :e. ._ _=rna.-a _ •„ . :- __ e_ _ • _ at __ •a: '• _.e. . _.•._: e a_._ a : • _,.•. _ _ e _•_ a.._ ..: _e.a•••: _ ._..._ - ,•_ e._ _ e•_ e ae '_. _e - e__aa •. _:.. • e_ __ e.. ..: _.•,.,.aet. a ,,e._a._ fir _ � "•_ _ ee e _ e e eee_te :e _ _tu:• et _earn : ■ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 27. • ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. I I ei - - I - -. • • .: : :rn.. ... . e...'. et.. :rn. .e a :e t : .._ e • • __••-.• _ . : a - -=e -- e •_ a•._ a e. .:. _ e• _ !e_- .• • _ t. :.e.. .:. t. as_ a _. _ _ee :u •. Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be .resolved by a-pplication of the Supplemental Conditions, if any, or the A e eenaent, the -e• .s Page 10 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 28. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. (Intentionally left blank-signature page to follow) Page 11 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver 2) IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF 4UN Y COMM :+$NERS COLLIER ' SU , FLOR '• A Crystal Kinzel, Clerk & Comptroller By: - .9 By: A i NDY SOLIS , Chairman Dated: _t d" r 4 (SEAL) signature only. Contractor's Witnesses: Dorrill Management Group, Inc. Contractor I & ,iJ By: Alb_ Contractor's First Witness Si. It h 1 \ d✓r, DCAol le R.• fllev'Sori T •e/print signature and titl-T TType/print witness nameT 4 zt, . /attti,(4„„t Contra is Second Witness LeA: t. A _ r-6r.laik--1- TTy /print witness nameT App ed as to For and egality: z)- --(41k- ....,,,,.._,L, U-eiyCoun'i Attorney Print Name is i F Page 12 of 15 . 60, Fixed Price Professional Service Agreement#2017-001(Ver 2) I Exhibit A Scope of Services • following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) Exhibit A Scope of Services Management Services for Pelican Bay Services Division This Scope of Services addresses the duties and responsibilities of the Administrator of the Pelican Bay Services Division, hereinafter called the "Administrator". The Administrator's duties and responsibilities include the following: 1. It will be the Administrator's main responsibility to implement the policies of the PBSD, as directed by the Pelican Bay Services Division Board. 2. The Administrator shall prepare the necessary organizational structure and interview and recommend personnel to be hired and employed by the County for the PBSD. The Administrator shall supervise the personnel employed by the PBSD in accordance with all Federal, State and County laws, rules and regulations where applicable.The Administrator shall request approval of the PBSD Board for any significant changes in size or makeup of the organization. Currently, the Administrator has the following people reporting: one (1) Operations Manager; one (1) Project Manager; one (1) Operations Analyst, one (1) Administrative Assistant and nineteen (19) field employees plus temporary labor. 3. The Administrator will ensure compliance with all Collier County Practices and Procedures of the County Manager Agency (CMAs), including but not limited to, management of necessary oversight and consistency in the review and approval of PBSD payroll and financial expenditures in support of day-to-day operations. The County will make the latest CMA available to the Administrator. 4. It will be the Administrator's job to coordinate activities of the PBSD as assigned in an effective, efficient and professional manner. The job requires an individual who has an ability to conceive, obtain approval for and implement programs or projects desired by the Pelican Bay Community as identified by the PBSD Board. 5. The Administrator shall be expected and prepared to make recommendations, on a regular basis, for programs to improve the Pelican Bay community. 6. The Administrator may be asked by the PBSD Board to participate in certain meetings, discussions, project site visits, workshops and hearings, which pertain to the administration of the services being provided and report results to the Board. 7. The Administrator shall work with the Chairperson of the PBSD Board in the preparation of the Board's Agenda for the monthly Board Meeting and will participate in this monthly meeting. The Administrator will provide background information to support the agenda of the meetings according to PBSD protocols. 8. The Administrator shall work with Committee Chairs in the preparation of agendas and participate in all committees established by the PBSD Board. 9. The Administrator shall prepare and administer the PBSD budget in accordance with all state and county laws and regulations. The Administrator shall assist and cooperate with the Budget Committee in the preparation of the PBSD's Annual Budget in accordance with County rules and regulations where applicable. Page 1 of 2 10. The Administrator will have an understanding of Florida County government operations, good management principles and skills, as well as some knowledge in personnel relations, public relations, accounting and computer software operations. 11. The Administrator's performance may be critiqued by any PBSD Board Member at a regular monthly Board Meeting in regards to performance and responsibilities. Board members may also meet privately with the Administrator to discuss the Administrator's performance. 12. The Administrator shall be responsible for ensuring completion of an annual performance evaluation process for PBSD employees in accordance with CMA 5319 and the Talent Development Plan Review. This process shall ensure that PBSD employees are up to date with any and all prescribed training for each of the positions in the Administrator's reporting chain. 13. The Administrator will respond to any requests for information or data from the County Manager's Office. 14. The Administrator shall devote such time as necessary to complete the duties and responsibilities assigned according to the scope of work of this Contract. The PBSD currently provides on-site space for the Administrator in Pelican Bay but is not contractually required to do so. 15. The Administrator shall report in detail on a monthly basis the time spent during that period in the performance of these duties to the PBSD Board and on any financial invoices provided for payment from Collier County. 16. At the Board's direction, the Administrator will: • Provide regular updates/ reports on projects, community events, etc. • Respond to PBSD Board member inquiries in a timely manner as established in the PBSD protocols. 17. The Administrator may be called to provide additional services at the discretion of the PBSD Board and County Manager, or designee, which will require the engagement of additional personnel such as a: Principal Account Manager, Account Manager, Accountant, Secretary/Clerical, and Project Manager. These additional services will be billed at a pre-established hourly rate. Page 2 of 2 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 14 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) FEE SCHEDULE Base fee: Contract sum payable at the rate of Seven Thousand Nine Hundred Ninety-Nine and 00/100 ($7,999.00) per month, to include an annual cost-of-living adjustment (COLA) on each anniversary date. The COLA will match the County's annual COLA percentage offered to County employees and an Amendment reflecting the increase will approved by the parties, without further Board action. It is anticipated that the Contractor will spend a minimum of 45 hours/per month as part of the above. Reimbursables: In accordance with Section 4.4 of the Agreement. There will be no markup associated with: photo copying, overnight delivery, long distance. Additional Services: Rate Category Hourly Rate Analyst Services $90.00 Project/Field Mgt $75.00 Administrator $177.00 1 Other Exhibit/Attachment Description: I I following this page (pages through ) i this exhibit is not applicable SII Page 15 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) --„.'.., DORRMAN-01 D2NMCCARRiCK '4c�o�Ro. CERTIFICATE OF LIABILITY INSURANCE D09/110/2ATE` 0/2IYYYY) 018 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(les)must have ADDITIONAL INSURED provisions or 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 License#L077730 ACT Nancy McCarrick AssuredPartners of Florida,Naples PHONE (239)280-3614 FAX 8950 Fontana Del Sol Way Suite 300 ( Na ) I(NC,No):(239)261-2803 Naples,FL 34109 miss:nancy.mccarrick@assuredpartners.com INSURERS)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Indemnity 23280 INSURED INSURER B:BusinessFirst Insurance Company 11897 Dorrill Management Group,Inc. INSURER C: 5672 Strand Court Ste.1 INSURER D: Naples,FL 34110 INSURERE: 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 MD SUER POLICY NUMBER POLICY EFF POUCY EXP LTR INSD D IMMIDDIYYYYI /MMIDDIYYYYL UNITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 3 1,000,000 CLAIMS-MADE X OCCUR X CAP5162891 10/06/2018 10/06/2019 p SES Or encs) $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADVINJURY 1,000,000 GEN'LAGGREGATE URRMpIITAPPLIES PER: GENERALAGGREGATE A 2,000,000 POLICY I I JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER S A AUTOMOBILE LIABILITY ((EOMacciideeD(SINGLE LIMIT $ 1,000,000 ANY AUTO CAP5162891 10/06/2018 10/06/2019 BODILYINJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOSNEONLY SCUDp X AUTOS ONLY X AUTOS O Y P OeocRdent GE $ $ A X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS UAB CLAIMS-MADE CAP5162891 10/06/2018 10/0612019 AGGREGATE $ DED X RETENTIONS 0 Gen'I Aggregate S 1,000,000 B WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER 52115793 06/18/201806/18/2019 1,000,000 ANY PRRO�PMRIETOR MARTNEPJEXECUTNE EL EACH ACCIDENT $ OFanFldEaRIMEn DER EXCLUDED? N IA 1,000,000 dyes,describe un�er EL DISEASE EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached N p more specs la required) It Is agreed that Collier County Board of Commissioners Is Included as AdditionaInsured with respect to the General Liability as per form GA210(02/09). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier CountyBoard of Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamlami Trail E Naples,FL 34112 AUTHORIZED REPRESENTATIVE jr��� P '"'K4 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �'..1 DORRMAN-01 D2NMCCARRICK .ate J RI CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/12/2018 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 have ADDITIONAL INSURED provisions or 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 License#L077730 CONTACT Nancy McCarrick NAME:ASsuredPartners of Florida,Naples PHONE FAx 8950 Fontana Del Sol Way Suite 300 (A/c,No,Ext):(239)280-3614 (tvq No(239)261-2803 i Naples,FL 34109 A 814Ess:nancy.mccarrick@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Indemnity 23280 INSURED INSURER B:BUSIneSSFirst Insurance Company 11697 Dorrill Management Group,Inc. INSURER C:United States Liability Ins 25895 5672 Strand Court Ste.1 INSURER D: Naples,FL 34110 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 ADDL SUBR POLICY EFF POLICY EXP LTRINSD WVD POLICY NUMBER (MM/DD/YYYYI IMM/DD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X CAP5162891 10/06/2018 10/06/2019 pREM SES(OEa occurrDence) $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY PRO- LOC 2,000,000 JECT PRODUCTS-COMP/OP AGG $ OTHER: A $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ ANY AUTO CAP5162891 10/06/2018 10/06/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY X AUUTOS ONLY (Peri acEcidentDAMAGE) $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESSLIAB CLAIMS-MADE CAP5162891 10/06/2018 10/06/2019 AGGREGATE $ DED X RETENTION$ 0 Gen'I Aggregate $ 1,000,000 B WORKERS COMPENSATION SPER TATUTE OETH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 52115793 06/18/2018 06/18/2019 1,000,000 OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liabili PM1001795K 10/12/2018 10/12/2019 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) It is agreed that Collier County Board of Commissioners is included as Additional Insured with respect to the General Liability as per form GA210(02/09). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail E Naples,FL 34112 AUTHORIZED REPRESENTATIVE slio ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD