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Backup Documents 07/14/2020 Item #16A41ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. "I he completed routing slip And original documenls are to he I'orHarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing clips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 07/14/20 4. BCC Office Board of County Commissioners • 3 5 Minutes and Records Clerk of Court's Office A PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Jeremy Frantz, AICP, Land Development Code Contact Information 239-252-8736 Contact / Department Manager, Zoning Division Rose Burke, Manager - Financial and Operational Support, Operations & Regulatory Management Division Agenda Date Item was July 14, 2020 Agenda Item Number 16A41 Approved by the BCC Type of Document Agreement between Andrew W.J. Number of Original 1 Attached Dickman, A.I.C.P. and Collier County to Documents Attached rovide Hearing Examiner services PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not avvropriate. Initial Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be RB signed by the Chairman, with the exception of most letters, must be reviewed and signed b the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's RB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the RB document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's RB si nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip RB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 07/14/2020 and all changes made during RB N/A is not the meeting have been incorporated in the attached document. The County an option for Attorne 's Office has reviewed the changes, if applicable. is line. 9. Initials of attorney verifying that the attached document is the version approved by the is not BCC, all changes directed by the BCC have been made, and the document is ready for the t'!narokption for Chairman's signature. is line. 16A41 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Monday, July 20, 2020 4:55 PM To: F ra ntzJ e re my Subject: Item #16A41 July 14, 2020 BCC Meeting (HEX Services -Dickman Agreement) Attachments: Item #16A41 (HEX Services).pdf Hi Jeremy, An executed copy of tine agreement (Item *16A4J_) between Collier County and Andrew Dickman, re: HEX Services is attached for your records. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk Clerk to the Value Adjustment Board Office: z39-252-8406 Fax: 239-252-8408 (if applicable) Anvt.Jevtvteiohvt@Coll ierCl erk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite *401- Naples, FL 34112-5324 www.CollierCle,rk.com 1 16A41 Agreement for Collier County Hearing Examiner Services THIS AGREEMENT, made and entered into on this 14th day of July 2020, by and between Andrew W. I Dickman, A.I.C.P., Esquire, a licensed Florida Bar attorney employed by Andrew Dickman, P.A., d/b/a Dickman Law Firm, and authorized to do business in the State of Florida, whose business address is 809 Walkerbilt Road, Suite 7, Naples, FL, 34110 (the "Hearing Examiner" or "HEX") and Collier County, a political subdivision of the State of Florida, (the "County") (HEX and County together shall be referred to as the Parties): WITNESSETH: COMMENCEMENT. The Agreement shall be for a two-year period, commencing on July 14, 2020 and terminating July 13, 2022 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 HEX, renew the Agreement under all terms and conditions contained in this Agreement for one additional two-year period. The County shall give the HEX written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The HEX shall provide Hearing Examiner services in accordance with the following terms and conditions, together with the Collier County Hearing Examiner's Ordinance set forth in the Code of Laws and Ordinances of Collier County, Florida at Ordinance No. 2013-25, Division 3, Sections 2-83 through 2-91, as amended, the County's Hearing Examiner's Procedures, as amended, the Scope of Work attached as Exhibit "A," the Hearing Examiner's Rate Schedule attached as Exhibit `B," and the Certificate attached as Exhibit "C," all of which are made an integral part of this Agreement. 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 by their authorized representatives. 3. COMPENSATION. The County shall pay the HEX a flat rate of $1000.00 per month for routine communications (via email and telephonically) with the County and at the agreed upon hourly rate for performance under this Agreement consistent with the Hearing Examiner's Rate Schedule attached hereto as Exhibit `B." Payments will be made to the HEX for services provided upon receipt of a proper invoice(s) and in compliance with Chapter 218 Part VII, Fla. Stats., as amended, otherwise known as the "Local Government Prompt Payment Act." The Local Government Prompt Payment Act shall govern the periods for timely payment as provided in Fla. Stats. §§ 218.73 and 218.74 and the lawful interest rate that can be assessed against the County for failing to remit timely payment of proper invoices submitted for payment by the HEX shall be as set forth in Fla. Stats. § 218.74. 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt of proper invoices submitted for the date of service(s) provided invoices are not submitted more than 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 Page I of 13 G 16A41 be deemed of the essence with respect to the timely submission of invoices under this Agreement. 3.2 The payment method to the HEX will be by ACH with the payment instructions to be provided to County by HEX. 3.3 The HEX shall submit monthly invoices electronically to bccapclerk2collierclerk.com with a copy to County staff at GMDFinancial@colliercountyfl.gov. 3.4 The invoice(s) submitted by the HEX shall include: 3.4.1 Invoice number, purchase order number, period, staff name, position, hours worked, date of service, and applicable petition number. 3.4.2 Out of pocket expenses must include receipts, who incurred, and the applicable petition number. 3.4.3 For approved travel, provide a detailed log by HEX staff, position, date(s) of travel, the beginning and end time, the beginning and ending miles, the address of the points of travel, and the applicable petition number. Travel expenses reasonably and necessarily incurred, to the extent such travel is approved by the County shall be in accordance with section 112.061, Florida Statutes. Additional instructions are provided in attached Exhibits "B" and "C." 4. SALES TAX. HEX 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. 5. NOTICES. All notices from the County to the HEX shall be deemed duly served if mailed or delivered to the HEX at the following Address: The Dickman Law Firm 809 Walkerbilt Rd., Suite 7 Naples, Florida 34110 Attn: Andrew W. J. Dickman, Esq. All Notices from the HEX to the County shall be deemed duly served if mailed or delivered to the County to: Collier County Board of County Commissioners, Florida c/o Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Attn: Operations & Regulatory Management Division Financial and Operational Support The HEX 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. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the HEX or to constitute the HEX as an agent of the County. 7. PERMITS/LICENSES; TAXES; COMPLIANCE WITH LAWS. All permits/licenses necessary for the prosecution of the Work shall be obtained by the HEX. The HEX shall also be solely responsible for payment of any and all taxes levied on the HEX. In addition, the HEX shall Page 2 of 13 0 16A41 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 HEX agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the HEX. 8. NO IMPROPER USE. The HEX 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 HEX or if the County or its authorized representative shall deem any conduct on the part of the HEX to be objectionable or improper, the County shall have the right to suspend the Agreement of the HEX. Should the HEX 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 HEX further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the HEX 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 either party may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. If the HEX elects to terminate the Agreement for convenience, the HEX will work cooperatively with the County so that a replacement Hearing Examiner can be seated without negatively interrupting the orderly operation of County business. In the event that the County terminates this Agreement, HEX's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination and any valid subsequent work seating a replacement HEX. The HEX 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. 10. NO DISCRIMINATION. The HEX agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The HEX shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $1,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent HEXs; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: The HEX shall use his personal car, will not have any County personnel or County representative as a passenger in his car. Nor will HEX use any County vehicle or be a passenger in a County vehicle. HEX shall maintain sufficient automobile insurance acceptable to him and it is understood that the HEX will be traveling to and from the County facility for public hearings and meetings from time to time as necessary only. If desired by the County, HEX will provide County a waiver of any and all liability related to driving his personal automobile to and from the County facility in conjunction with the responsibilities of the HEX contained herein. Page 3 of 13 16A41 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. D. Professional Liability: The HEX shall maintain professional liability insurance coverage to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. The HEX shall at a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, professional liability insurance in an amount not less than Five Hundred Thousand ($500,000.00) Per Occurrence, Combined Single Limits. If any liability insurance obtained by the HEX to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non -renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County 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 HEX's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by HEX during the duration of this Agreement. The HEX 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. HEX 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 HEX from its insurer, and nothing contained herein shall relieve HEX of this requirement to provide notice. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the HEX 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 HEX, 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 HEX or anyone employed or utilized by the HEX 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. Page 4 of 13 16A41 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the HEX, 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 HEX. HEX's obligation to indemnify and defend under this Article 12 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. 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Department. 14. CONFLICT OF INTEREST. The County acknowledges that the HEX is an attorney licensed and governed by The Florida Bar and rules of professional conduct established by the Supreme Court of Florida, and is employed by the Dickman Law Firm, located in Collier County, which currently represents clients in the geographic boundaries of Collier County on a variety of legal matters unrelated to the County and shall represent future clients in the geographic boundaries of Collier County as part of it normal legal practice. The County acknowledges that Andrew W. J. Dickman, Esquire is currently serving in the capacity of City Attorney for the City of St. Pete Beach, Florida. The County acknowledges that the Dickman Law Firm currently has two clients in Collier County, one involving a rezoning/Developer Agreement and the other involving an existing License Agreement with the County, which will require Andrew W. J. Dickman, Esquire and the Dickman Law Firm to interact with County employees and officials, but in no circumstances will these matters involve work or activities required of the HEX under this Agreement or interfere with work or activities required of the HEX under this Agreement. Having disclosed the above legal representations and activities of the Andrew W. J. Dickman, Esquire and the Dickman Law Firm, the County agrees these disclosures are not a conflict of interest, or waives any and all actual or perceived conflicts related to the above disclosure. The Parties agree this does not waive the County's termination rights described in this Agreement. Other than the above disclosures, the HEX 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. HEX further represents that no persons having any such interest shall be employed to perform those services. In the event that a conflict of interest arises, the HEX will immediately bring it to the County's attention. 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts (the "Agreement Documents'), all of which are as fully a part of the Agreement as if herein set out verbatim: Exhibit "A," Scope of Work, Exhibit `B," Hearing Examiner Rate Schedule, and Exhibit "C," Certification of fees/expenses incurred. 16. 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. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Manager Administrative Procedure No. 5311, all as amended. 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 Page 5 of 13 16441 with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, (c) immediate termination of any contract held by the individual and/or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the HEX 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, safety 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 HEX 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 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 Agreement term and following completion of the Agreement if the HEX does not transfer the records to the public agency. 4. Upon completion of the Agreement, transfer, at no cost, to the public agency all public records in possession of the HEX or keep and maintain public records required by the public agency to perform the service. If the HEX transfers all public records to the public agency upon completion of the Agreement, the HEX shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the HEX keeps and maintains public records upon completion of the Agreement, the HEX 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 the HEX observes that the Agreement Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the HEX to comply with the laws referenced herein shall Page 6 of 13 e 16A4 constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the HEX is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the HEX 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. 20. 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. 21. ADDITIONAL SERVICES. Additional services not currently provided in this Agreement may be added to the HEX's responsibilities under this Agreement upon the mutual agreement of the Parties. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the Parties, the Parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of the HEX with full decision -making authority and by the County's staff person who would make the presentation of any settlement reached during negotiations to the County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the Parties arising out of this Agreement, the Parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of HEX 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. 23. 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. 24. KEY PERSONNEL/AGREEMENT STAFFING. The HEX is required to provide the primary Scope of Work services required under the Agreement. The HEX's personnel and management to be utilized for support services to aid the HEX in the performance of its duties shall be knowledgeable in their areas of expertise. 25. ASSIGNMENT. This Agreement is personal to HEX, and may not be assigned. 26. SECURITY. The HEX is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the HEX shall be responsible for all associated costs. The Parties agree that this Agreement is personal to the HEX and the HEX may use his support staff at the Dickman Law Firm for background work only, who will not be located or involved with HEX work at any County facilities and in a manner applicable to County Ordinance 2004-52. The HEX shall not use any computer or other equipment of the County, nor shall Dickman Law Firm use County equipment. The HEX shall wear a Collier County Government Identification badge at all times while performing services on County facilities and properties. The HEX ID badge shall be Page 7 of 13 0 16 A 4 1 valid for a two-year period, commencing on July 14, 2020 and terminating July 13, 2022, and can be renewed for each year of the renewal term, if exercised by the Parties, at no cost to the HEX. (Intentionally left blank -signature page to follow) Page 8 of 13 16A41 IN WITNESS WHEREOF, the Hearing Examiner and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Crystal K. j�, C 16* , of the. Circ> oii'rt &' Comptroller t By: • I t V Dated: �) ;'. I _ HEX's t AIS:. HEX's First Witness TType/print witness nameT HEX's Second Witness TType/print witness nameT pro ed as to For) Legality: S R. Teach Deputy County Attorney Page 9 of 13 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By.00 Burt L . Saunders Chairman HEARING EXAMINER: I'Andrew W. J. Dickman, Esq., AICP President, Andrew Dickman, P.A. Dickman Law Firm. d/b/a lt�rn # lylLL t t Agenda /l..1 +4 Date `` Date Rec'd ` w w 5 CAC) EXHIBIT A 16 A 41 Scone of Work C09DIY HEX Re aired Res nsibilities: County will provide support functions to facilitate the HEX's performance of the Work under this Agreement including but not limited to: (1) preparation and distribution of agendas and meeting notices, (2) providing and scheduling court reporters, (3) providing and scheduling meetings, meeting spaces and other logistics, and (4) distributing filed versions of decisions. HEX Required Responsibilities: I. Work Tasks 1. Attend a County orientation and training session provided by the Growth Management Department staff. 2. Review applications, staff reports, exhibits, and other documents related to matters scheduled for hearings. 3. Research applicable laws, ordinances, and codes related to matters scheduled for hearings. 4. Meet or consult with County staff on land use matters, as needed. 5. Conduct site visits related to matters scheduled for hearing, as needed. 6. Communicate with or conduct meetings with applicants and their representatives, and members of the public. 7. Conduct quasi-judicial hearings. 8. Prepare written final orders. 9. File decisions with the Clerk to the Board. 10. Respond to assignments directed by the Board of Collier County Commissioners. 11. Perform all other tasks required by the Hearing Examiner under Collier County Ordinance No. 2013-25, as amended. II. Administrative Services The HEX shall respond to routine telephonic and email communications in the performance of services under the Agreement, which tasks are considered as Administrative Services that shall be invoiced at the monthly administrative fee stated in Exhibit `B." Page 10 of 13 �O 1 A 4 1 EXHIBIT B HEX FEE RATE SCHEDULE The County shall pay the HEX for the performance of this Agreement at the following rates: Andrew Dickman (Hearing Examiner) $225/hour Paralegal $100/hour Legal Assistant $50/hour Travel Time $50/hour (Not applicable to hearings and meetings at County administrative sites) Administrative Services $1,000/month (Routine telephonic and email communications) 1. In addition to the charges for fees set forth above, County shall reimburse the HEX for out- of-pocket expenses reasonably incurred in the course of rendering its services, printing, costs of reproduction, overnight mail or delivery charges, and necessary and approved travel expenses incurred in accordance with the requirements of Chapter 112, F.S. The HEX shall not charge for travel to hearings and meetings at Collier County administrative sites. Notwithstanding the foregoing, the HEX will coordinate with the County to make every effort to provide for the direct payment for such reasonably incurred expenses by seeking pre - approval in a fashion that permits the County to make direct payment to the particular vendor/provider of goods or services, if appropriate. 2. The HEX shall submit invoices on a monthly basis for the payment of any out-of-pocket expenses. Each invoice shall include a signed a certificate (see attached Exhibit "C") listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. REQUIREMENTS The following represents the County's payment requirements: ➢ Your federal employee identification number must be on all invoices submitted. ➢ The applicable Purchase Order number must be on all invoices submitted. ➢ No service, interest, or other charge of like nature is to be imposed with regard to any item, invoice, or request. All firms doing business with Collier County must have a current W-9 "Request for Taxpayer Identification Number and Certification" on file. ➢ Services rendered must be specifically and concisely identified. Page 11 of 13 9 16 A 4 1 ➢ Names of persons performing services, hourly rates, and dates must be listed. ➢ Reimbursable expense must be verified by attached receipts or copies thereof. ➢ Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S., and is subject to the travel restrictions provided in the Agreement. ➢ Legal Research costs (Lexis-Nexis, Westlaw, etc.) shall not be reimbursed. ➢ Accounting Division requires original receipts, or copies of receipts which have been individually certified to be true copies of the originals. In addition, the Certificate contained in Exhibit C must accompany each invoice. The certifying person must sign the Certification form and include a description of the items that are certified. ➢ Faxes shall not be reimbursed. Page 12 of 13 9 1 A 4 1 pi 3 4. EXHIBIT C CERTIFICATE IT IS HEREBY CERTIFIED that: 1 • has been duly designated as the Collier County Hearing Examiner to provide services for and on behalf of Collier County; Each of the documents hereinafter identified and attached is a true and correct copy of the original record; Expenditure(s) enumerated represent costs necessarily incurred during the course of official business for which payment has not been received and for which documentation is not available or reasonably retrievable; Claims are in compliance with the applicable statutes and administrative orders, and with the express provision that all other parties are barred from entitlement to any part of these costs. RE: Invoice No. , Dated Period Covered: , Amount IN-HOUSE CHARGES: Photocopies: copies @ $0.15/each $ Mileage: miles @ /mile $ OTHER (Copies of invoices required): Other: $ TOTAL: I • ' miwo Signed: Print Name: _ Title: Date: Page 13 of 13 G