Agenda 07/14/2020 Item #16A35 (Terminate Contract #18-7413 w/Schneck Legal, for Convenience)07/14/2020
EXECUTIVE SUMMARY
Recommendation to terminate Agreement No. 18-7413 with Schneck Legal, as Legal Counsel for
the Collier County Code Enforcement and Nuisance Abatement Boards, for convenience.
OBJECTIVE: To obtain Board approval to terminate for convenience Agreement No. 18-7413 (the
“Agreement”), with Schneck Legal, as Legal Counsel for the Collier County Code Enforcement and
Nuisance Abatement Boards.
CONSIDERATIONS: On October 23, 2018 (Agenda Item 16.A.2.), the Board approved the Agreement
with Schneck Legal, for Legal Counsel for the Code Enforcement and Nuisance Abatement Board.
Staff is requesting that the Board approve terminating the Agreement for convenience for the following
performance related issues: (1) failure to provide answers to st aff questions, (2) failure to review
upcoming orders, and (3) failure to maintain contact obligations with the County Attorney’s Office and
the Code Enforcement Division during the past four months. Schneck Legal has been and continues to be
unresponsive to telephone calls and emails from the County Attorney’s Office and Code Enforcement
Division. In addition, staff personally attempted to make contact at this provider’s known place of
business.
On June 22, 2020, staff sent the attached 30-day termination notice to Schneck Legal. Staff is requesting
Board approval to terminate the Agreement for convenience as allowed under Article Ten (10) of the
Agreement, which allows the County to terminate the contract with a thirty (30) day written notice.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval.-SRT
RECOMMENDATION: To approve terminating Agreement No. 18-7413 with Schneck Legal, as the
Legal Counsel for the Collier County Code Enforcement and Nuisance Abatement Board, for
convenience and authorize staff to send the attached notice to terminate letter.
Prepared by: Michael Ossorio, Division Director, Code Enforcement Division
ATTACHMENT(S)
1. [LinkedX] Backup Documents Schneck Legal (PDF)
2. Intent to Terminate (PDF)
16.A.35
Packet Pg. 1351
07/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.35
Doc ID: 12764
Item Summary: Recommendation to terminate Agreement No. 18-7413 with Schneck Legal, as
Legal Counsel for the Collier County Code Enforcement and Nuisance Abatement Boards, for
convenience.
Meeting Date: 07/14/2020
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
06/25/2020 1:02 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
06/25/2020 1:02 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/25/2020 1:35 PM
Code Enforcement Colleen Davidson Additional Reviewer Completed 06/25/2020 1:47 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 06/25/2020 2:15 PM
Procurement Services Sue Zimmerman Additional Reviewer Completed 06/25/2020 3:00 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 06/25/2020 3:07 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 06/26/2020 11:48 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 06/26/2020 1:10 PM
Growth Management Department James C French Deputy Department Head Review Completed 06/26/2020 3:57 PM
County Attorney's Office Scott Teach Additional Reviewer Completed 06/27/2020 3:42 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/29/2020 8:25 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/29/2020 8:40 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/29/2020 9:31 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/05/2020 7:42 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM
16.A.35
Packet Pg. 1352
FIXED FEE P ROFESSIONAL SERVICE A GREEMENT
for
Leqal Counsel for the Code Enforc ement and Nuis ance Abatement Board
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#___13-7413_
THIS AGREEMENT, made and entered into on this '1gt- day of
QlOter .lla!{Jarv 2018 by and between Schneck Legal, authorized to do business in the State
of Florida, whose business address is 9160 Forum Corporate Pkwy, Suite 350, Fort
Myers, FL 33908, (the "Contractor") and Collier County, a political subdivision of the
State of Florida, (the "County"):
IITIL!..es.S.ELH:
1. The Agreement shall be for a three (3) year period, commencing upon the date of
Board approval and terminating three (3) year(s) from that date or until all
outstanding Purchase Orde(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)yea(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 wriften 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.
3. STATEMENT OF WORK The Contractor shall provide services in accordance
with the terms and conditions of lnvitation to Bid (lTB) # 18-7413, 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.
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Fixcd Pricc Professional Scrvicc Agrccmcnt
4. THE AGREEME SUM.The County shall P ay the Contractor for the
perfo rmance of this Agreement based on Exhibi t B- Fee Schedule,attached
hereto and the p rice 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 Ag enUProject Manager, and in compliance with Chapter 218, Fla.
Stats., otherwise known as the ''Local Government Prompt Payment Act"
3.1 This Agreement contains the entire understanding between the parties and
any modilicatio-ns 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.
4.1 Price Methodology (as selected below):
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred fiom the County to the contractor; and, as a business practice there are
no hourly or material invoiies presented, rather, the contractor must perform to the
satisfaction of the County's project manager before payment for the fixed price
contract is authorized.
4.2 Any CounV agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s)'
4.3 Payments witl be made for services furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within
ri* (o) ,o'ntnt aftei completion of the Agreement. Any untimely submission..of
inroicLs Ueyona the specihed deadline period is subject to non-payment undel the
legal doctrine of "laches" as untimely submitted Time shall be deemed of the
eslence with respect to the timely submission of invoices under this Agreement'
SALESTAx.Contractorshallpayallsales,consumer,useandothersimilartaxes
assocEtea]itn the Work or portions thereof, which are applicable during_ the
f"rtorr.n"u of the Work. Coliier County, Flonda as a. political subdivision of the
biate ot Florida, is exempt from the payment of Florida sales tax to its vendors
under chapter 212, Florida statutes, certificate of Exemption # 85-8015966531 c.
A
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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:
Address:
Schneck Leqal
9160 Forum Corporate Pkwv Ste.350
Fort Mvers. FL 3 3905-7808
Jed Robert Schneck,Esq.
(239) 789-4761
ischneck@schneckleqal.com
All Notices from the Contractor to the County shall be deemed duly served if mailed
or emailed to the County to:
Division Name:Code Enforcement
Address:3295 Tamiami Trail East
Naoles. FL 34{ 12
Authorized Agent:
Telephone:
E-Mail(s):
Adm inistrative AgenUPM:
Telephone:
E-Mail(s):
Marlene Serrano
(2391252-2487
Marlene.Serran olliercou ntvfl d ov
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.
8. PERMITS: LICENSES: TAXES. ln com plianee with Section 218.80, F.S., all
permits necessary for tfe 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. ln 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.
G)
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rixcd Price Profcssional Scrric€ Agreemcnt
Board of County Commissioners for Collier County, Florida
Division Director: Mike Ossorio
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.
I
to use in any manner whatsoever, County facilities for any improper, immoral or
offensive purpose, or for any purpose in vi olation of any federal, state, county or
municipal ordinance, rule, order or regula tion, or of any governmental rule or
regulation now in effect or hereafter enacte d or adopted. ln 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 Contra ctor to be objectionable or improper,
the County shall have the rightto suspend the Ag reement of the Contractor. Should
the Contractor fai I to correct any such violati on, conduct, or Practice to the
satisfaction of the County within tvventy-four (24) hours after receiving no tice of such
violation, co
cured. The
suspension
County.
nduct, or practice,such suspension to continue until the violation is
Contractor further ag rees not to commence oPeration during the
period until the violatio n has been corrected to the satisfaction of the
10.TERMINA TION. Should the Contractor be found to have failed to perform his
services in a manne
may terminate said
Agreement for conv
NO IMPRO PER USE. The Contractor will not use, nor suffer or permit any person
A. Commercial G ene ral Liabilitv: Covera ge shall have minimum limits of
000,000 gregate for Bodily Injury
r satisfactory to the County as per this Agreement, the County
Agreement for cause; further the County may terminate this
eni-'lence with a thirty (30) day written notice. The County shall
be the sole judge of non-performance.
ln the event that the county terminates this Agreement, contractor's recovery
igainst the County shall be limited to that portion of the Agreement Amount earned
th-rough the date of termination. The contractor shall not be entitled to any other or
furthe'r recovery against the County, including, but not limited to, any damages or
any anticipated profit on portions of the services not performed'
NO DISCRIMINATION, The Contractor agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
INSURANCE. The Contractor shall provide insurance as follows:
11
12.
u 1.000,000 Per Occurrence, $2
coverage must include Employers' Liability with a minimum limit of
for each accident.
Liability and Property Damage Liability. This sh ;ll include Premises and
Operations; lndependent Contractors; Pr oducts and Completed Opera tions and
Contractual LiabilitY.
B. Worke rs' Compensation: lnsurance covering all employees meeting Statutory
Limits in compliance with the applicable state an d federal laws.
The
$1
('"aJ
000 000
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Fixcd Pricc Prof.ssional Servic€ ABrcement
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C. Professio nal Liabilitv: 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 walves 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 Coun ty 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 lnsured" 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 beneflt of, the Additional lnsured 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 certiflcates 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 notifi 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.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall defend, indemnifo 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 ftom 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 ar;ses
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
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Fixed Prjce Professional Servicc Agrcement
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under this Article 1 3 will survive the expiration or earlier termination of this Ag reement
until it is determined by final iudgment that an action against the County or an
indemnified party for the mattei indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
14. AGREEME MINISTRATIoN. This Agreement shall be administered onNT AD
behalf of the County by the Code Enforcement Division
15. CONFL ICT OF INT Contractor rep resents that it presently has no interestREST.
and shall acqui
manner with th
represents that
those services.
re no interest, either direct or indi rect, which would conflict in anY
e performance of services require d hereunder. Contractor further
no persons having anY such intere st shall be emploYed to Perform
16. COM NENT PA RTS OF THIS AGREEM ENT This Agreement consists of the
following comp onent parts, all of which are as fully a part of the Agreement as if
herein set out verbatim:Contractor's ProPosal, Insu rance Certificate(s), Exhibit A
Scope of Services, Exhibit B Fee Schedule' ITB #1 8-7413, including Exhibits,
Attach ments and AddendaiAddendum.
17 UBJEC TO APPR PRIATIO
between the parties herein that
Board of CountY Commissioners
It is further understood and agreed by and
Agreement is subject to appropriation by thethis
18. PR OHIBITION OF GIFTS TO CO UNTY EM PLOYEES.No organization or
individual shall offer or give, either directlY or in directly, any favor, gift, loan, fee,
service or other item of value to any County emp loyee, as set forth In Chapter 112,
Part lll, Florida Statutes, Collier County Eth ics Ordinance No. 2004-05, as
amended, and County Administrative Procedure 53'1 1 . Violation of this Provision
may result in one or more of the following consequences: a'Prohibition bY the
individual, firm, and/or anY emPloYe e of the firm from contact wi th County staff for
a spe cified period of time; b. Prohibition by the individual and/or firm from doing
busine ss with the County for a specifled peri od of time, including but not limited to:
submitting bids, RFP, and/or quotes; and,
Agreement held by the individual and/or lirm for cause.
LAW By executing and entering into this Agreement, the19. COM NCE
Contracto iisformally acknowledging withou t exception or stipulation that it agrees
to comply, at its own expense, with all federa l, state and local laws, codes, statutes,
ordinances, rules, regulations and requirem ents app licabte to this Agreement,
including but not limited to those dealing with the lmmig ration Reform and Control
Act of 19 86 as located at 8 U.S.C. 1324, et seq . and regulations relating thereto,
as either may be amended;taxation, workers' comp ensation, equal emPloYment
and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida
Statutes, and the Florida Pu blic Records Law Chapter 119,including specificallY
at F.S. $ 1 19.0701(2xa)-(b) as stated as follows:those contractual requirements
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Fixed Price Proiessional Servicc Agrccmcnt
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c. immediate termination of anY
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, FL34112-5746
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.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 otheruise 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 ofthe 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. lf 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. lf 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.
lf 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.
Fixcd Pricc Profcssionsl Ssrvicc Agrcemcnt
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20.AGREEMENT TERMS. lf any portion of this Agreement is held to be void, invalid,
"r "m;r1/iseninerlforceable,
' in whole or in part, the remaining portion of this
Agreement shall remain in effect
21. ADDI AL ITEM ICES Additional items and/or services may be added
to this Agreement in comPliance w
and Procurement Procedures.
ith the Procurement ordinance, as amended,
22. DISPU TE RESOLUTION. Prior to the initiation of any action or proceeding
permitted by thG Agreement to resolve disp utes between the parties, the parties
shall make a good faith effort to resolve anY such disputes bY negotiation. The
neg otiation shall be attended by representative s of Contractor with full decision-
making authority and bY CountY's staff person wh o would make the Presentation of
any settlement reached during negotiations to County for apProval. Falling
resolution, and prior to the comm encement of deP ositions in any litigation between
the p arties arising out of this Agreement, the p arties shall attempt to resolve the
dispute throug h Mediation before an agreed-upon Circuit Court tvlediator certilied
by the State of Florida.The mediation shall be attended by representatives of
Contractor with full deci sion-making authoritY and bY County's staff Person who
would make the presentation of any settlemen t 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
,'1,
24. OR EROFP CEDENCE.ln the event of anY conflict between or among the
terms of anY of the Contract Documents, the terms of solicitation the Contractor's
Board approved Executive Summary, this
section 44.102, Fla. Stat.
VENUE.AnvsuitoractionbroughtbyeitherpartytothisAgreementagainstthe
tf'r"r prtty rllating to or arisingl out of this Agreement must be brought in the
appropriatl federafor state cour6 in collier county, Florida, which courts have sole
and exclusive jurisdiction on all such matters.
Proposal, andior the CountY's
Agreement shall take Precedence
to.SECURITY. The Contractor is required to comply with CountY Ordinance 2004-52'
as amende d. Background checks are valid for five (5) v ears and the Contractor
shall be resp onsible for all associated costs. lf required, Contractor sha ll be
responsible fo r the costs of providing background checks by the Collier County
gement Division for all employees th at shall provide services to the
ASSIGNMENT.ContractorshallnotassignthisAgreementoranypartthereof'*ffittnfirio, consent in writing of the county. Any attempt to assign or otherwise
transfer this Agreement, or any p'art herein, withoutthe County's consent' shall be
void. lf Contra-ctor does, with ipproval' assign this Agreement or any part thereof'
it.f'',"ii t"qrir" tnat its assignee'be bound tolt and to issume toward Contractor all
oi tne ouiigations and reiponsibilities that Contractor has assumed toward the
County.
Facilities IVlana
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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
flngerprint 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. AII of
Contractor's employees and subcontractors must wear Collier County Government
ldentification badges at all times while performing services on County facilities and
properties. Contractor lD 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-FITOPS@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.
(lntentionally left blank -signature page to follow)
Page 9 of l2
Fixcd Pricc Professional SeNicc Ageemcnt
r.1,
lN 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 TY CO ERS
COLLI
By
Solis, Chairman
ateD
By:
d:
Chainnanb
contrf&B?t8re 0lh """"" :
ctor's First Wtness
Schneck Leg
Contracto
By
S
Zn.o A J--(,tr<\rcchr
Contractor's Se Witness
trv witness n 1
c
lType/print signatu re an d titlet
*tr
MaDo nA
tType/print witness name
orm and Legality:
t
Approqed as to F&)rz t
Coun ty Attorney
fln Name
Fircd Pricc l'rof.liionnl Scrvic. Agr.cmcnl
Crystal K. (lnzel' Qlgrk
of the Circuit Court.& Qomptroller
Page l0 otr2
Exhibit A
Scope of Services
Services shall include but not be limited to the following
1. Represent the Code Enforcement and Nuisance Abatement Board at hearings
including:
a. Review of case files; and
b. Preparation of Board orders (including but not limited to, judgment directed to
respondent, ierved by certified mail), contact with County Attorney's Office, Cod-e
Eniorcement and Nuisance Abatement Board members as well as County staff,
regarding administrative and/or procedural matters associated with the Board'
2. Attend hearings for regularly scheduled monthly code Enforcement Board meetings
as well as Nuisance Abatement Board meetings, which are scheduled on an as-needed
basis. Estimated number of cases is twenty to twenty-flve (20-25) monthly.
3, Prepare necessary documents in advance of meetings.
4. Prepare orders and obtain signatures (chairman, etc.) and distribute orders issued by
Board (within ten ('10) days of action).
5. Review and prepare ordinances, amendments, Board rules and regulations, fine
reductions, liens and other matters.
6. Advise Board on legal issues which arise during hearings
Minimum Qualifications:
The contractor must have familiarity with and knowledge of ordinances for the code
Enforcement and Nuisance Abatement Board, as well as Chapters 119 and '162 F.S.
and County ordinances. Experience with quasi-judicial boards or proceedings, other
governmental entities and/or other administrative proceedings are required.
The contractor shall not have a conflict in representation. should such a conflict occur,
the attorney shall advise the county and the Board of any conflict in representation. .ln
this regard, no attorney/firm may ever represent a person or entity in a matter before the
Boardlf that attorney/iirm is also counsel for the Board in question, Likewise, a Board
attorney/firm may not represent the interests of an individual Board member during the
period ihe attorhey/firm serves as counsel to the Board. Other potential conflict
situations shall be resolved on a case-by-case basis. ln instances where the Contractor
must recuse himself, the Contractor will not be paid for that month. lf a meeting is
canceled due to lack of quorum or other reason outside the control of the Contractor
(other than a conflict of interest), then the contractor shall still receive its monthly
payment.
,$i)
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Fixed Pricc Profcssional scrvice AgrcemefltL
Exhibit B
Fee Schedule
The annual fee shall be paid by the county in twelve ('12) equal monthly installments
$1 1,700$975
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Fixcd Price Profcssiond S.rvic. Agrc.mcni @)
Monthlv Govet
JEFF ATI/VATER
cHrEF F|NANCTAL oFFtcER STATE OF FLORTDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
.. CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW T "
NON.CONSTRUCTION INDUSTRY EXEMPTION
This c€rtifies that the individual listed below has elected to be exempt from Florida \ lorkers' Compensatjon law.
EFFECTIVE DATE: '111312017 EXPIRATION OATE: 1I13I2O'19
PERSON: SCHNECK JED R
FEIN: 47261458
BUSINESS NAME AND ADORESS:
SCHNECK LEGAL, P.A.
SCHNECK LEGAL
5O3O CHAMPION BLVD.. G11.108
BOCA RATON FL 33496
SCOPES OF BUSINESS OR TRADET
AfiORNEY-ALL
EMPLOYEES & CLERI
Pursu€nt lo ChBpler 44O.Cr5(14), F.S., an otr Er ofa coQor. on $dlo el.ct sx€mptlon trom hb chaplBr by filing a cadhcale of €ledhn unde. f s s€ctton
may nol rocover benefllB or compensgllofl under lhh chspter. PuEuant lo ChaBer .90.05(1a, F.S., Csdmcabs of alectlon to b€ exempt... apply onty
wlhln lh6 scop€ of lhs buslness or lrads llBled ofl lho notc6 or eEcllon lo b6 Bxempt. Rrsuant to Chapt€r.140.05{13), F.S.. Nolkes or €bdton ta bs
€xemPl snd ca.liflcalei of €l€.tbn to b6 erenpt stEll b3 $lbFd lo rEvocallon r, al any lti6 ener fis nhg o( the noiice d lh6 k uanc€ or $s csdfi.€ie.
li€ p€mon namsd on tho nollc€ or cErlrrdo no long€r maels lh3 requkBrnenls ol lhls s6clbn Ior issuan a of a cednc€!.. The departrEot sha relm|c a
DFS.F2.DWC.252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS? (850)413.J609
L
Florida
IAfrITERS
541 E. Mitchell Hammock Road Oviedo, Florida 32765
Phono: 800-633-6458 Fax: 800-781-2010
vww.flmic,comMlLuol
lnsurrncc Cofip6nyo
Crcated by Thc Fbtida Bar lor lts t enbers
Itt 7. Nanedlnstreil:
Miiiling Ailihcss;
Schnec! Legal, P.A. DBA: Schneck [egal
9 [ 60 Forum Corporate Parkway, Suite 350
Fod Myers, FL 33905
Itenz. Potbi Perioil: From l0l0lA0l7 to l0l0l/2018 at12:01A.L1,
Stawlaril Th,re atYAur Addrest Shown Above
Item 3, Liuit of Liqbili$:$1,000,000
$2,
Per Claim
Total Ltmit
Annual Aggregate
Annual Prcntian,
Ite,,t 4, Deductible ;
Itetlt 5. Pollc! Prefi /,,D:
Itar,t 6. Fonns onil Eidorcendits Alttichcil at Policy Issuance:
FLPLr0r(R.0r/01/2016) FLPL200R(R.01/0r/2014)
FLPLr08(R.08/01/20il) FLPLl0g(R.08/0rDoil)
Septem ber 29,2017
The Policy is not valid until signeil by Our authorizeil representafive ,
FLPL103 (R,08/01/201t)
,rr" e.;pru (R 0l 101120t6)
Date Is.siud
F LPr. I 00 (R.0810 I /20 I I )Poge I of I
Lawyerc Profe sslanal Llablltty Pollcy
Thts le a Clainx Maile mdRepo eil Pitllcy, Pleare reail lt carefullf,
Declaratinns
Policy Number: 84252
Florida
IA\ryYERS
541 E. Mitchell Hammock Road Oviedo, Florida 32765
Phone: 800-633-6458 Fax: 800-78 l-2010
www.flmic.comMutu.l
lrsuritnce Companyo
Created by The Florida Barfor ils members
Lawyers Prolessionul Llab llity Pollcy
This ls a Clalms Made and Reporled Policy. Please read it carefully,
Declarations
Policy Number: 88373
Ilem l, Named Insurcd:
Maillng Address:
Schneck Legal, P.A. DBA: Schneck Legal
9160 Forum Corporate Parkway, Suite 350
Fort Myers, FL 33905
Item 2. Policy Pe od: Frum 10/0112018 to l0l0ll20l9 at 12:01 A.M.
Standatd n ne at Your Address Shown Above
Item 3, Llmtt of Ltabillty: $ 1,000,000 Per Claim
$2,000,000 Total Limit
Itent 4, Deducllble:
Item 5. Pollcy Prcmlum:
Annaal Aggregate
Annual Premlum
fkm 6. Forms and Endolsemehts Afiached at Pollc! Issuance:
FLPL-l0l (R.0t/01/2016) FLPL-200R(R.01/01/2014)
FLPL-108 (R.08/01/20r l) FLPL-109 (R.08/0lt20t l)
Septenrber l9, 2018
Date Isstrcd
The Pollcy is nol valid unlil slgned by Our authorized rcpresenttttive.
FLPL-103 (R.08/01/201 t)
at*t olPru (R.07 I 0l 1201. 6)
FLPL-1 00 (R.08/0 t/201 1)Page 1 of I
I
@fu cERTTFTcATE oF LrABrLrry TNSURANcE
NSE
P 1DC 8/27/2018
THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIGATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BY THE POLICIES
8ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUGER, AND THE CERTIFICATE HOLOER.
IMPORTANT: Ifth€ cerliflcato holder ls an ADDITIONAL INSUREO, the policy(ios) must have ADDITIONAL INSURED provisions or be endors€d.
lf SUBROGATION lS WAwEO, sublect to the terms and condltlons of the pollcy, certain pollcles may requlrc an endorsement. A statement on this
certiflcate does not confer rights lo lhe certificate holder ln lieu ofsuch endorsement{s)
rr"r' (8BB) 443-67L2(B8B) 242-1430
rxsuER(s)
^rForcNG
col/*acE
TNSURERA: T\{in City Eire Ins Co
USAA INSURANCE AGENCY INC/PHS
812845 P: (888) 242-1430 F: (888) 443-6lLZ
PO BOX 3 3015
SAN ANTONIO TX 78265
SCHNECK LEGAI, PA DBA SCHNECK LEGAI
9160 FORUM CORPORATE PKWY STE 350
FORT MYERS EL 33905
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW }IAVE BEEN ISSUED TO THE INSURED NAMED AEOVE FOR THE POLICY PERIOD
INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTMCT OR OTHER OOCUMENT WTH RESPECT TO WHICH THIS
CERTIFICATE IUAY AE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS,EXCLUSIONS AND CONOITIONS OF SUCH POLICIES. LIMITS SHOWN T,iAY HAVE BEEN REDUCED BY PAID CLAII\,1S.
COMITIERCIAI. GENEFIAL LIABILITY
CLAIMS.MADE x
x ceneral liab
G€NIAGGREGATE IIMIT APPT'ES PER:
OTHER:
JECI x
55 SBM ro178r 02/08/2A18 02 /a8 /2A19
PREUEES (E. odm^c.)
x MEo E(P ( ny m6 p.Bi)s10,000
PERSONAL & AOV INJURY s1,000,000
s2,000,000
12,000,000
AUTOMOBILE UABILITY
AUTOS ONLY
HIRED
AIJTOS ONLY
SCHEDULED
NONIWNED
AUTOS ONLY
COUBNED SNGLE LIMIT
BoOILY lNJURYlPerFcdl
BoDILY INJURY (Por acch.nl)
EXCESS LIAA
occrJR
,tND E ttLortts' t ttTtf
ANY PROPRIETOR/PARTNERIEX€CUTTVE
OFFICER'MEMBEF EXCI I.,DEO?
oEscRlPTloN oF oPEnAnoNs b6lN
tr E L DISE SE- EA E|',4PLoY€E
E L DISEASE . POUCY LIMIT
DEscFlPtto/v oF oPEMr/o/vs / LocAflovs /VEHtcLEs lAcoRD I ot, Addtlloml R.n.dr sch.dulr, m.y !. rtL.h.d lf noF rp€c. l. aqulEd)
Those usual to the Insured's operations. Notice of cancellation will be
provided ir accordance with Eorm SS1223 attached Lo this policy. Certlficate
Holder is an Additional Insured per the Business Liability Coverage Form
SS0OOB attached to this policy. RE: For any and all work performed on behalf
of Collier County.
COVERAGES
CERTIFICATE HOLDER
REVISION NUMBER:
CANCELLATION
Collier County
Board of County Conmissioners
32 95 TAMIAMI TRL E
NAPLES, EL 34LL2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLIGY PROVISIONS,
AUT BO RIZED REP RESEN |ANYE
<f,u"n d /az6--*-
ACORD 25 (20'16/03)
o 1988-2015 ACORD
Tho ACORD name and logo are reglstersd marks ofACORD
RPoRATION. All rights reserved.
CERTIFICATE NUMBER:
I
I
1294i9
|-
PRODIJCIS COMP/ICPAGG
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AdrinisHi\e Sewi:es Departneot
PrcoJrernern S€rvices Divisirr
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
INVITATION TO BID GTB)
FOR
l8-7413 Legal Counsel for the Code Enforcement and Nuisance
Abatement Board
SOLICITATION NO.: 18-7413
EVELYN COLON, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE : (239) 252-2667
evelyn.colon@colliercountyfl .gov (Email)
This solicitation document is prepared in a Microsoft word format. Any alterations to this
document made by the consultant may be grounds for rejection ofproposal, cancellation ofany
subsequent award, or any other legal remedies available to the collier County Government.
SOI,I CTTA'IION PT]BI,IC NO'I ICE
r\\ r r"\ r'tovl-o BID (tTB) \t IIBERI 18-7113
PROJECT TITI,E Legal Counsel [or the C--ode Enforcement and \uisance Abatement Board
l-oc \TIo\
PI,,,\CE OF BID OPE\I\G PROCT]REMENI' SERVICES DIVISION
3295 TANIIAMI TRAIL EAST. BLDC C-2
NAPLES, FL 34I 12
All proposals shall be submitted online yia the Collier County Procurement Services Division Online Bidding System:
httos://www.bidsvnc.com/bidsync-cas/
INTRODT]CTION
As requested by the Code Enforcement Division (hereinafter, the "Division"), the Collier County Board of County Commissioners
Procurenrent Services Division (hereinafter, "County') has issued this Invitation to Bid (hereinafter, "ITB") with the intent ofobtaining
bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The
vendor, at a minimum. must achieve the requirements ofthe Specifications or Scope of Work stated.
The results ofthis solicitation may be used by other County departments once awarded according to the Board ofCounty Commissioners
Procurement Ordinance.
Collier County is seeking proposals from qualified firms interested in providing legal counsel for the Code Enforcement and Nuisance
Abatement Board.
The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (l ) year renewal option.
Prices shall remain firm for the initial term ofthis contract.
Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure.
All soods are t OB destination and must be suitably Dacked and rcDa r{:d to secu re the lori esl transDortation ratcs and to comDll'
ll rrl r la ions. Risk of loss of ods sold hereunder shall transfer to the
deli\en: Drovided that risk ofloss prior to actual receipt of the goods bv the COU\Tl- nonetheless remain with vENDOR.
ITB award criteria are as follows:
); lhe County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the
solicitation.
> It is the intent ofCollier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to
the County.
> For the purposes ofdetermining the winning bidder, the County will select the vendor with the lowest price as outlined below:
. Annual Cost
! Collier County reserves the dght to select one, or more than one suppliers, award on a line item basis, establish a pool for
quoting, or other options that rcpresents the best value to the County; however, it is the intent to:
r Single Awardee.
> 'fhe County reserves the right to issue a formal conftact or standard County Purchase Order for the award ofthis solicitation.
I sAcKGRouND I
PR(Xtt Rt.\tu\ I sr.tR\ rc.Es Dl\ tsto\. co\tERE\(.t_ l{(x)}t .\. 3295
T,\\II.\\II I'R \II, }, \S1-. BI-D(; C-2. \APLES. FLoRID,\ J,II I2
TERM OF CONTRACT
A1VARD CRI'IERIA
D SCOPE OF WORK
The County desires to enter into contract with licensed practicing attomeys/firms for the provision of legal counsel for the Code
Enforcement and Nuisance Abatement Board. The intent of the County is to obtain competent legal representation in a cost-effective
manner. Admission to practice law in the State of Florida by the Florida Supreme CourVFlorida Bar Association Membership is
mandatory for the proposer including all attorneys working underthis contract. Anyone not qualified shallbe rejected as non-qualified.
Proposers shall submit an offer for the services listed, including the submission ofa proposed firm, fixed, flat annual fee. No proposed
annual fee in excess ofeighteen thousand dollars ($18,000) shall be considered. The annual fee shall be paid by the County in twelve
( l2) equal monthly installmerts.
Services shall include but not be limited to the followin!:
a. Review ofcase files; and
b. Preparation ofBoard orders (including but not limited to,judgment directed to respondent, served by certified mail), contact
with County Attorney's Office, Code Enforcement and Nuisance Abatement Board members as well as County staff, regarding
administrative and/or procedural matters associated with the Board.
2. Attend hearings for regularly scheduled monthly Code Enforcement Board meetings as well as Nuisance Abatement Board
meetings, which are scheduled on an as-needed basis. Estimated number ofcases is twenty to twenty five (20-25) monthly.
3, Prepare necessary documents in advance ofmeetings.
4. Prepare orders and obtain signatures (Chairman, etc.) and distribute orde6 issued by Board (within ten (lO) days ofaction).
5. Review and prepare ordinances, amendments, Board rules and regulations, fine reductions, liens and other matters
6. Advise Board on legal issues which arise during hearings
!linimum Qualifi cations:
Proposers must have familiarity with and knowledge ofordinances for the Code Enforcement and Nuisance Abatement Board. as well
as Chapters I l9 and 162 F.S. and County ordinances. Experience with quasi-judicial boards or proceedings, other goyemmental entities
and/or other administrative proceedings are required.
The selected attorney/firm shall not have a conflict in representation. Should such a conflict occur, the attomey shall advise the County
and the Board ofany conflict in representation. In this regard, no attomey/firm may ever represent a person or entity in a matter before
the Board ifthat attorney/firm is also counsel forthe Board in question. Likewise, a Board attomey/firm may not represent the interests
ofan individual Board member during the period the attorney/firm serves.ts counsel to the Board. Other potential conflict situations
shall be resolved on a case-by-case basis. ln instances where the aftomey/firm must recuse himself/itself, the attomey/firm will not be
paid for that month. If a meeting is canceled due to lack of quorum or other reason outside the control of the attomey/firm (other than
a conflict ofinterest), then the attomey/firm shall still receive its monthly payment.
Required Services:
1. Represent the Code Enforcement and Nuisance Abatement Board at hearings including:
C-OtttlW
Gror/th Management Department
)une 22,2O2O
Mr. Jed Schneck
Sch neck Legal
9160 Forum Corporate Parkway, Suite 350
Fort Myers, FL 33905
VIA Mail & E-Mail
RE:#18-7 473 "Legal Counsel for the Code Enforcement and Nuisance Abatement Board"
Notice of lntent to Terminate for Convenience
Mr. Schneck,
This letter will serve as a 30-day Notice to Terminate for Convenience the above-reference award,
pursuant to provision of Article 10, of the Agreement.
As part of the "Scope of Services" Exhibit 1 A. and B, agreement # 18-7413 "Legal Counsel for the Code
Enforcement and Nuisance Abatement Board" agreed upon on October 23,2018, between Schneck Legal
and the Board of County Commissioners, Collier County, FL, Schneck Legal is required to prepare orders,
obtain signatures from chairman within 10 days of action, stay in contact with County Attorney's Office
and Code Enforcement Division, and prepare necessary documents for upcoming hearings and meetings.
Schneck Legal Services for the past four months, has failed the contract obligations and is clearly
incompetent to continue with legal services defined under f18-7413, specifically the following:
1. Division of Code Enforcement emailed with questions on orders and future orders with no
response.
2. Division of Code Enforcement phone calls with questions on orders and futures orders with
no response.
3. The County Attorney's Office has called with questions with no response.
4. The Deputy County Attorney has called with questions with no response.
5. The Code Enforcement Division Director called and emailed with no response.
6. The Division Director reached out on Social Media with no response.
7. A Code Enforcement lnvestigator personally drove to the known place of business and was
advised you were present but not found. (Business card was left with no response for
return call).
Therefore, consider this notice as a 30-day termination notice. The termination will be presented to the
Board of County Commissioners at a subsequent meeting.
Should you have any questions regarding this termination notice please contact me immediately
Code Entorcmert Divisin . Am Norh Hcrs€slpe Dive'l'b*s, HcriJa 34104,23p?f.2-2/y'0.vt t.cdl€rqw rpt
Code Enforcement Division
Respectfully,
M ichael Ossorio, Division Director
c: Sandra Herrera, Procurement Director
June 22, 2020
Mr. Jed Schneck
Schneck Legal
9160 Forum Corporate Parkway, Suite 350
Fort Myers, FL 33905
VIA Mail & E-Mail
RE: #18-7413 “Legal Counsel for the Code Enforcement and Nuisance Abatement Board”
Notice of Intent to Terminate for Convenience
Mr. Schneck,
This letter will serve as a 30-day Notice to Terminate for Convenience the above-reference award,
pursuant to provision of Article 10, of the Agreement.
As part of the “Scope of Services” Exhibit 1 A. and B, agreement # 18-7413 “Legal Counsel for the Code
Enforcement and Nuisance Abatement Board” agreed upon on October 23, 2018, between Schneck Legal
and the Board of County Commissioners, Collier County, FL, Schneck Legal is required to prepare orders,
obtain signatures from chairman within 10 days of action, stay in contact with County Attorney’s Office
and Code Enforcement Division, and prepare necessary documents for upcoming hearings and meetings.
Schneck Legal Services for the past four months, has failed the contract obligations and is clearly
incompetent to continue with legal services defined under #18-7413, specifically the following:
1. Division of Code Enforcement emailed with questions on orders and future orders with no
response.
2. Division of Code Enforcement phone calls with questions on orders and futures orders with
no response.
3. The County Attorney’s Office has called with questions with no response.
4. The Deputy County Attorney has called with questions with no response.
5. The Code Enforcement Division Director called and emailed with no response.
6. The Division Director reached out on Social Media with no response.
7. A Code Enforcement Investigator personally drove to the known place of business and was
advised you were present but not found. (Business card was left with no response for
return call).
Therefore, consider this notice as a 30-day termination notice. The termination will be presented to the
Board of County Commissioners at a subsequent meeting.
Should you have any questions regarding this termination notice please contact me immediately.
Respectfully,
16.A.35.b
Packet Pg. 1353 Attachment: Intent to Terminate (12764 : Termination of Schneck Legal for the CE and Nuisance Abatement Board)
Michael Ossorio, Division Director
c: Sandra Herrera, Procurement Director
16.A.35.b
Packet Pg. 1354 Attachment: Intent to Terminate (12764 : Termination of Schneck Legal for the CE and Nuisance Abatement Board)