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#20-7690 (Angie Brewer & Associates)FIXED FEE PROFESSIONAL SERVICE AGREEMENT # 20-7690 for Loan and/or Grant Acquisition and Compliance Services THIS AGREEMENT, made and entered into on this 141 day of ,S LLU� 20 20 , by and between Angie Brewer & Associates, L.C. , authorized to do business in the State of Florida, whose business address is 9080 58th Drive East Suite 200, Bradenton, FL 34202 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: The Agreement shall be for a three (3 ) year period, commencing upon the date of Board approval n_on and terminating 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 two (2 ) additional one (1 ) 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 ❑■ Purchase Order ❑ Notia-69 to Proceed 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑W Request for Proposal (RFP) ❑ I OT-134 ❑ Other ) # 20-7690 , 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 92017-001 (Ver.1) 0 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". ,',.l Price Methodology (as selected below): .. ..dW4-. Fm� 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. ❑m Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 15 Fred Price Professional Service Agreement 42017-001 (Ver.2) 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. -- ... -.--. .. &4a4a&t $6-9O LU-P-Gh $41-GO 9iae•r $4-9-99 AIr#ars ROnt;;I-G2F +At"& 6 #2I cost lirnited to compa-9F Stan da r d- -size-ve'Wral6S Lodging AG a4 68&t 8f lodging at &4ig4a occupancy rate with a cap of no more than $150-00-per-� Actual TaxieT-44 Attu-a1 ce&t of e4hw taxi ar aiW# r>$ ... M.- .-. - .. - .I - -....- ... - .11 &IVAN .. -- eo-- ran Y.J MTV 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.I ) 9 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: Angie Brewer & Associates, L.C. Address: 9080 58th Drive East, Suite 300 Bradenton, FL 34202 Authorized Agent: Mark A. Brewer, President Attention Name & Title: Telephone: (941) 756-5800 E-Mail(s): president@angiebrewer.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: Joseph Bellone Division Name: Financial & Operational Support Division Address: 3339 Tamiami Trail East Naples, FL 34112 Administrative Agent/PM: Tara Castillo (239) 252-2539 Tara.Castillo@colliercountyfl.gov Telephone: E-Mail(s): 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 42017-001 (Ver.2) 0 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. M. •— -• — ANN •• u• • — ► �• •- • p C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 5 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) a The coverage must include Employers' Liability with a minimum limit of $ 500,000 for each accident. D. ❑■ 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. 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) G 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 Financial & Operational Support Division 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), ❑■ Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑m RFP/ ❑ t-TBI❑ C#i-ar #20-7690 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and ❑X Other Exhibit/Attachment: Federal Contract Provisions and Assurances Page 7 of 15 Fixed Price Professional Service Agreement 92017-001 (Ver.2) 17. APPLICABILITY. Sections corresponding to any checked box (M) 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: Keep and maintain public records required by the public agency to perform the service. Page 8 of 15 Fixed Price Professional Service Agreement 42017-001 (Ver.2) 0 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 42017-001 (Ver.2) 0 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. this projeGt sh-all 1be_-4kuPioW d-eable ;,, their areass of expertise The County reserves the right to perform as_ may be do ed neces-sa;:y—to onsure that ..- -.person e= .- .- - of th.. -..-. .. .. &h.afl assign as many 1p.@�Ia as iacassa-,, to complete the • - required - r dates The Co.ntrartnr shallnot change Key - • • • - • • - following ••• •• ••e••• -• -• -ur• have • • ■- ••- •advance as poss'ble The Gantractor sQ,•• 0uu- ••„• _ - •• • notify •llier County within seven days of • r • • • - The County• • ❑E 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. . • • • _ • • - - • • • _ • • _ - _ _ • u • • • ••• •• • •- • • �• • •• • -• ••u r •- �• _ \• u1.-• • • -•- • Al ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by Page 10 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) 0 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 42017-001 (Ver.2) 0 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal, K. Kinzef, Berk of Courts & Co Iler, BC DateQ Al . CN' ;♦.y4:as to Chairman's. 4 11' Contractor's SliWA: Contractor's Second Witness m� kk-A,B� TType/print witness nameT Appfoved as to Form and Legality: c� V �a County Attorney PrinT Nam66 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders . Chairman Angie Brewer & Associates, L.C. Contractor B lgnature G ► P R TType/print signature and titleT Page 12 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) C Nn 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 42017-001 (Ver.2) Ce0 RFP# 20-7690 "Loan and/or Grant Acquisition and Compliance Services" EXHIBIT A SCOPE OF SERVICES The Contractor shall provide the requirements of the Specifications or Scope of Work stated herein. Services which may consist of, but shall not be limited to; research, grant writing, application assistance, compliance training, oversight of funding related projects, documentation of fund disbursement, monitoring and documentation of compliance, close-out coordination and assistance, and draft preparation of audit requirements. The Contractor shall conduct research, and draft and present to the County for final review and approval, any, and all documents as described in each of the following six services. The County foresees utilizing the Contractor for the following six services. Planning, Application Development and Submittal a. Review of project concept and design b. Review budget for grant eligibility and approval c. Provide cost benefit analyses d. Assist in negotiation and review of funding agreements e. Draft and coordinate legal ads and recording of Board of County Commissioner's Resolutions f. Assist and participate in presentations to the Board of County Commissioners g. Work directly with County Attorney and Grant Compliance Office on required reviews h. Work with prospective Grantors in support of application i. Prepare and submit application j. Provide assistance in updating the County's Grant Administration Handbook k. Provide training to selected County staff in grant writing, research to insure appropriate and responsive interface with County, State and Federal Agencies 1. Develop and provide training of 2 CFR Part 200 compliance with inclusion of County procedures and practices m. Research and collaborate with County divisional staff on new funding opportunities 2. Pre -Construction Requirement a. Prepare applicable plans and submit documentation to funding source provider for contract award b. Assist in providing information to potential respondents on Loan and/or grant requirements C. Provide technical assistance and compliance training during bidding phase in accordance with requirements d. Provide support at public hearing meetings, including presentations to the Board e. Provide required bid and other documents for loans/grants f. Independently process forms requiring County management's review and approval, i.e., "Authorized Representative Site Certification" 3. Contractor Processing, Payment and Reporting a. Assist in review of payment applications/invoices (including stored materials when applicable) b. Provide cost identification and data entry- for Loan and/or grant eligibility prior to release of funds 4. Grantor Agency Reporting and Submittal Requirements a. Accumulate data for calculation of request for funds b. Prepare and submit as directed by the County, documentation required to support request for funds C. Prepare final request forms and packages d. Review detail data of grant/loan funds available for amendments e. Monitor funds requested and cash flow management for Loan and/or grant compliance f. Prepare Capital Financing Plan g. Prepare documents for inclusion of specific project Page 1 of 2 0A( 11. Prepare grant related environmental impact assessments for the project i. Prepare periodic status reports, frequency to be determined on a project by project basis j. Coordinate with other potential funding source providers k. Coordinate responses to Regulators and Auditors questions through Office of Management and Budget (OMB) and/or Public Utilities Department (PUD) staff 5. Monitoring for Compliance a. Review Florida Certified Minority -Owned Business Enterprises (MBE) and Woman -Owned Business Enterprises (WBE) reports to determine actual level of participation b. Provide assistance with MBE/WBE status revisions c. Perform Davis -Bacon Act monitoring to ensure weekly certified payroll compliance and EEO requirements when applicable d. Perform Buy America/American Act monitoring when applicable e. Monitor grants/loans contractual requirements as determined 6. Program Coordination a. Schedule and participate in program coordination meetings b. Participate in Pre -Construction meetings to review grant compliance requirements passed on to Third Parties such as the Davis Bacon Act c. Review draft change orders for eligibility d. Coordinate submittals to funding source of change orders and documentation e. Assist in contract, project and report closeout including final amendment f. Assist with preparation of documentation for audit of project/program g. Project close-out assistance with the Department of Environmental Protection (DEP) and external auditors h. Work directly with consultants to get needed engineering documentation Page 2 of 2 9-A Exhibit B Fee Schedule following this page (pages 1 through Page 14 of 15 Fixed Price Professional Service Agreement 42017-001 (Ver.2) RFP# 20-7690 "Loan and/or Grant Acquisition and Compliance Services" EXHIBIT B FEESCHEDULE The costs shown are inclusive of all required travel, meals, supplies, software and reproduction costs incurred by the Contractor. The fees do not include expenditures such as publication of advertisements, reservation of public meeting space, or notifications to the public that are necessary to meet program requirements. For all services related to the acquisition or compliance of loans and/or rants: Estimated % of Cost per $1,000 a. Under $2 million a. $68.00/1,000 or 6.08% b. Between $2 million and $5 million b. $43.00/1,000 or 4.30% c. Over $5 million but less than $15 million c. $31.00/1,000 or 3.10% d. Between $15 million and $25 million d. $24.00/1,000 or 2.40% e. Over $25 million e. $18.00/1,000 or 1.80% The following is a list of the current rates: LABOR CATEGORY HOURLY RATE Principal $185.00 Chief Funding Resource $165.00 Senior Funding Manager $155.00 Funding Manager II $150.00 Funding Manager I $145.00 Senior Project Manager II $135.00 Senior Project Manager $130.00 Project Manager $125.00 Senior Funding Coordinator $110.00 Funding Coordinator $105.00 Senior Funding Specialist $100.00 Funding Specialist $88.00 Compliance Specialist $65.00 Computer Technician $65.00 Administrative/Clerk II $63.00 Administrative/Clerk I $54.00 Page 1 of 1 0 Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances (Exhibit 1-1 to Exhibit 1-9) ❑■ following this page (pages 1 through 9 ) ❑ this exhibit is not applicable Page 15 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) 0 Collier County Solicitation 20-7690 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. EXHIBIT I - 1 1/27/2020 11:45 AM P. 11 0 Collier County Solicitation 20-7690 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 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 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. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the County must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-ggideline-cpg_ rrogram Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I - 2 1 /27/2020 11:45 AM p. 12 Collier County Solicitation 20-7690 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. EXHIBIT I - 3 1/27/2020 11:45 AM 0 p. 13 Collier County Solicitation 20-7690 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VI I. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. EXHIBIT I - 4 1 /27/2020 11:45 AM p. 14 0 Collier County Solicitation 20-7690 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. EXHIBIT I - 5 1/27/2020 11:45 AM ; l 0 p. 15 Collier County Solicitation 20-7690 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Angie Brewer & Associates, LC Date 02/24/2020 Authorized Signature EXHIBIT I - 6 1 /27/2020 11:45 AM CAO p. 16 Collier County Solicitation 20-7690 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Angie Brewer & Associates, LC Signature Mark A. Brewer, President Name and Title 9080 58th Drive East, Suite 200 Street Address Bradenton, FL 34202 City, State, Zip 831662044 DUNS Number 02/24/2020 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: Z0001 FEMA Project Number: 4337DRFLP0000001 EXHIBIT I - 7 1/27/2020 11:45 AM 9 p. 17 Collier County Solicitation 20-7690 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,, WOMEN OR VETERAN PARTICIPATION STATEMENT status will be veri fi-ci. Unverifiable statuses vill require the PRIME to either prodvde a revisedstatement or provide source documentation that va lidates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FED NUMBER. CONTRACT DOLLAR AMOUNT Angie Brewer & Associates, LC 65-1073934 tSTHEPRIME A KORIDA-CERTIFIED 13I5AD':ANTAGED, !,; Tf,;U�ry Y Q 'S THE ACTIVITY OF THIS CONTRACT.... MINORITYORWOMENBUSINESSENTER.PRISE% DBE? O N CONSTRUCTION? Y' IJ (DBUMBEAV13E) OR HA%'E A SMALL DISADVANTAGED BUSINE558ACERTIFICATION FROMTHESMALLBUSINESS MBE? Y Q CONSULTATON? Q N ADMINISTRATION-, ASERVICE DISABLED VETERAN? WBE? O N OTHER? Y tJ 5 5 SA? Y N 15 TK5 SUBt&55"ON' A REVISION? Y N F YES, REWSION NUM BER B. EF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/'NBE SUBCONTRACTOR OR SUPPLIER I TYPE OF WORK OR I ETHNICrrY CODE I SUBISUPPLIER. PERCENT OF CONTRACT VETERAN NAME SPECIALTY 15ee. Below] I DOLLAR AMOUNT I DOLLARS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMn7.rER Mark A. Brewer 02/24/2020 President EMAIL ADDRESS OF PRIME{SUBMrrTERI TELEPHONE NUMBER FAXNUMBER president@angiebrewer.com 941-756-5800 NOTE: This information is used to track and rzport anticipated DBE cc ABBE participation in federally -funded contracts. The antid.pated DBE or MBE amount is voluntary and %will not become part of the contractual terms. This form must be submitted at time of response w a selicitation.. i-f and when awarded a County contract, the prime will be asked to update the information for the grant compliance files. ETHNICrrY CODE Blackpmerican BA Hispanic American HA Native American NA Subcon.t. Asian American SAA AsiarfPacflCAmerican APA Non -Minorite Women INtl4V other. not of any other group listed Io D. SECTION TO BE COMPLETED BY COLLIER COUNTY LIEPARTMENTNANIE I COLLIER CONTRACTII fIF5RFP or P0,111EMr I GRANT PR OG RAM/CONTRACT l[ACCEPTED BY: I DATE I EXHIBIT I - 8 1/27/2020 11:45 AM �DA0 P. 18 Collier County Solicitation 20-7690 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Angie Brewer & Associates, LC Contractor (Firm Name) Signature of Contractor's Authorized Official Mark A. Brewer, President Name and Title of Contractor's Authorized Official 02/24/2020 Date EXHIBIT I - 9 1/27/2020 11:45 AM OCAO P. 19 126993 ^1 "® CERTIFICATE OF LIABILITY INSURANCE DATE 5/19/DD/20 5/19/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Small Business Team PHONE (g49) 270-0609 FAX A/C No E A/C No: (949) 270-0608 Stratum Insurance Agency LLC E-MAIL ADDRESS: helP desk@stratuminsurance.com 10620 Southern Highlands Pkwy INSURERS AFFORDING COVERAGE NAIC # Suite 110-276 INSURERA: RLI Insurance Company 13058 Las Vegas, NV 89141 INSURED INSURER B : Angie Brewer & Associates, LLC INSURERC: 9080 58th Drive East, Suite 200 INSURERD: INSURER E Bradenton FL 34202 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 LTR TYpE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X PMB0001254 12/20/2019 12/20/2020 EACH OCCURRENCE $2, 000, 000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE rx-1 OCCUR DAMAGE TO PREMISES EaEoccurrence) $ 1, 000, 000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2, 000, 000 GENERAL AGGREGATE $ 4, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $4,000,000 X POLICY PE C LOC $ A AUTOMOBILE LIABILITY PME0001254 12/20/2019 12/20/2020 COMBINED SINGLE LIMIT Ea accident 2 , 000, 000 BODILY INJURY (Per person) $ AUTO ALL OWNED SCHEDULED AUTOS AUTOS IxANY BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED AUTOS �( NON -OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- I OTH- TQRY LIMITS ER AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability X RTP0018256 2/17/2020 2/17/2022 Each Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Blanket Additional Insured for business owner liability applies per form PPE3046 04 13 and RTP 101 (02/17). For any and all work performed on behalf of Collier County. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County included as an additional insured under the captioned Commercial General Liability on a primary and non-contributory basis if and to the extent required by written contract. CERTIFICATE HOLDER CANCELLATION Collier County of Board of County Commissioners 3295 Tamiami Trail E. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Naples FL 34112 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ((JJ �j � okklL�E0I9'L e/J?J-LGYLG/'1G'G e�p.P//2C� _e_zCij © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Delivered By EzCOI.com Policy Number: PMB0001254 RLI Insurance Company Named Insured: Angie Brewer & Associates, LC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury" ''property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you, or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any professional services. c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The ''personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or ''personal and advertising injury" arising out of ''your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the ''bodily injury" or "property damage" occurs, or the "personal and advertising injury'' offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304G 04 13 Page 1 of 1 Policy Number: RTP0011523 It is agreed: RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT (Clients or Customers) 1. The definition of Insured in Section 5. g. also means any client or customer of the Named Insured, but only if a written contract between the Named Insured and such client or customer specifically requires that such client or customer be added as an Additional Insured to any professional liability or errors and omissions insurance maintained by the Named Insured. 2. Coverage afforded by reason of this Endorsement shall only apply to Claim Expenses for Claims (i) first made against such client or customer, during the Policy Period and on or after the effective date of this Endorsement, and first reported to the Insurer during the Policy Period, the Automatic Extended Reporting Period, or if applicable, during the Extended Reporting Period, and (ii) for vicarious or imputed liability of such client or customer based upon Wrongful Acts committed solely, by the Named Insured. The Policy will not provide coverage for any Wrongful Act committed by such client or customer. 3. Exclusion b. shall not apply to Claims by such client or customer. 4. The effective date of this Endorsement is: 02/17/2018 5. Solely as respects the coverage afforded by reason of this Endorsement, this Policy is amended as follows: A. Section 1. INSURING AGREEMENTS, is deleted in its entirety and replaced with the following: "1. INSURING AGREEMENTS a. The Insurer will pay on behalf of the Insured, Claim Expenses and Damages in excess of the Deductible and not exceeding the Limits of Liability shown on the Policy Declarations that the Insured shall become legally obligated to pay because of Claims first made against the Insured during the Policy Period and first reported to the Insurer during the Policy Period, the Automatic Extended Reporting Period, or if applicable, during the Extended Reporting Period, for Wrongful Acts to which this insurance applies. b. The Insurer will pay on behalf of the Insured, Claim Expenses and Damages in excess of the Deductible and not exceeding the Limits of Liability as described in Section 7. c. that the Insured shall become legally obligated to pay because of Claims alleging Third Party Discrimination first made against the Insured during the Policy Period and first reported to the Insurer during the Policy Period, the Automatic Extended Reporting Period, or if applicable, during the Extended Reporting Period." B. Section 7. LIMITS OF LIABILITY AND DEDUCTIBLE is deleted in its entirety and replaced with the following: "7. LIMITS OF LIABILITY AND DEDUCTIBLE Regardless of the number of Insureds under this Policy, Claims brought on account of Wrongful Act(s) or otherwise, the Insurer's liability is limited as follows: a. for Claims arising under Insuring Agreement 1. a. of this Policy, the Limit of Liability specified in Item 3. b. of the Policy Declarations as the Annual Aggregate shall be the Insurer's maximum liability for Claims Expenses and Damages for all Claims during the Policy Year. RTP 335 (09/11) Page 1 of 2 Insured b. for Claims arising wider Insuring Agreement 1. a. of this Policy, the Limit of Liability specified in Item 3. a. of the Policy Declarations as the Limit for each Claim shall be the Insurer's maximum liability for Claims Expenses and Damages for each Claim during the Policy Year, and subject to the Annual Aggregate Limit of Liability specified in Item 3. b. of the Policy Declarations. c. for Claims arising under Insuring Agreement I. b. of this Policy, the Insurer's maximum liability for Damages and Claim Expenses shall not exceed $25,000, subject to the Annual Aggregate Limit of Liability specified in Item 3. b. of the Policy Declarations. d. the Deductible amount stated in Item 4. of the Policy Declarations shall apply to Damages and Claim Expenses and shall apply separately to each and every Claim. The Named Insured must pay the Deductible stated in Item 4. of the Policy Declarations for Damages and Claim Expenses. Subject to the Limits of Liability, the Insurer shall only be liable to pay for Damages and Claim Expenses in excess of such Deductible, and such Deductible shall not be insured under this Policy. e. the Limit of Liability for the Automatic Extended Reporting Period and the Extended Reporting Period, if applicable, shall be part of and not in addition to the Limits of Liability specified in Item 3. of the Policy Declarations. f. Claims based upon or arising out of the same Wrongful Act, interrelated Wrongful Acts, or a series of similar or related Wrongful Acts shall be considered a single Claim subject to one Claim Limit and shall be considered first made during the Policy Period, the Automatic Extended Reporting Period or Extended Reporting Period, if applicable, in which the earliest Claim arising out of such Wrongful Act(s) was first made and all Claim Expenses and Damages from such Claims shall be subject to the one Limit of Liability that applies to such earliest Claim. g. the Limits of Liability of this Policy apply separately to each consecutive annual period and to any remaining period of less than twelve (12) months, starting with the beginning of the Policy Period shown in Item 2. of the Policy Declara- tions, unless the Policy Period is extended after issuance for an additional period of less than twelve (12) months. In that case, the additional period will be deemed part of the last preceding twelve (12) month period for purposes of determining the Limits of Liability." ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. RTP 335 (09/11) Page 2 of 2 Insured Policy Number: RTP0011523 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMEND SUBROGATION ENDORSEMENT It is agreed that Section 14. SUBROGATION is deleted in its entirety and replaced with the following: "14. SUBROGATION In the event of any payment under this Policy, the Insurer shall be subrogated to the extent of such payment to all the Insureds' rights of recovery. The Insureds shall execute and deliver all instruments and papers and do whatever else is necessary to secure and preserve such rights, including the execution of such documents necessary to enable the Insurer to effectively bring suit in the name of the Insureds. However, it is agreed that the Insurer waives its rights of subrogation under this Policy against clients of the Insured as respects Claim(s) arising from Professional Services under the client's contract requiring waiver of subrogation but only to the extent required by written contract." ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. RTP 363 (11/13) Page 1 of 1 T3-83S A ® �oRoCERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/18/2020 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 Commercial Lines - (305) 443-4886 US] Insurance Services LLC CONTANAME: Risk Management Department PHONENo, t . (866) 443-8489 aC No): (800) 889 0021 ADDRESS: Work.Comp@Trinet.com 2601 South Bayshore Drive, Suite 1600 INSURERS AFFORDING COVERAGE NAIC# Coconut Grove, FL 33133 INSURER A: Indemnity Insurance Company of North America 43575 INSURED INSURER B TriNet HR III, Inc. INSURER C RE: Angie Brewer And Associates LC INSURERD: INSURER E : 9000 Town Center Parkway INSURERF: Bradenton, FL 34202 COVERAGES CERTIFICATE NUMBER: 14986990 REVISION NUMBER: See below 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY PRO-❑ LOC JECT PRODUCTS - COMP/OP AGG S $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PRO PERTYDAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ I $ WORKERA AND AND EMPLOYERS' LIABILITY YERS'LSATIONILIT ANYPROPRIETOR/PARTNER/EXECUTIVE Y I N OFFICER/MEMBEREXCLUC C (Mandatory in NH) N / A WLR C66084139 — 7/1/2019 7/1/2020 X STATUTE ERER E.L. EACH ACCIDENT 2,000,000 $ E.L. DISEASE- EA EMPLOYEE $ 2,000,000 If es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE:For any and all work performed on behalf of Collier County. Workers' Compensation coverage is limited to worksite employees of Angie Brewer And Associates LC through a co -employment agreement with TriNet HR III, Inc. L:tK I IHIL;A I t HULUtK I:ANGtLLA I IUN Collier County Board of County Commissioners Collier County Purchasing Dept 3295 Tamiami Trail E. Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r�►-Ii/=�sii�i The ACORD name and logo are registered marks of ACORD @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) (This certificate replaces c-f—to# 14335788 issued on 612412019)