Agenda 04/12/2022 Item #12B (Special Magistrate Services RFP #22-7987)04/12/2022
EXECUTIVE SUMMARY
Recommendation that the Board evaluate the four submittals received for the solicitation for
Special Magistrate services and take whatever action the Board deems appropriate.
OBJECTIVE: To appoint a Special Magistrate.
CONSIDERATIONS: On March 22, 2022, the Board of County Commissioners directed Procurement
to work with the County Attorney to reissue a modified RFP that was consistent with the Special
Magistrate Ordinance. The RFP was reissued on March 23, 2022. The Procurement Services Division
notified all those who were known interested, including the current Special Magistrate, of the reissued
RFP and received the following four proposals by the April 1st cut-off date.
Proposers Firm Name City/State
Andrew Dickman, Esq. Dickman Law Firm Naples, FL
Myrnabelle Roche, Esq. MRN Law, P.A. Fort Lauderdale, FL
Patrick Neale, Esq. Patrick Neale & Associates Naples, FL
Anthony P. Pires, Jr., Esq. Woodward, Pires & Lombardo, P.A. Naples, FL
All four proposals were responsive to the RFP. The Special Magistrate Ordinance (Ordinance No. 2010-
04), requires that a Special Magistrate shall at a minimum:
a) be a graduate of a law school accredited by the American Bar Association;
b) demonstrate knowledge of administrative law, land use law and local government regulations and
procedures;
c) be a member in good standing with the Florida Bar; and
d) be either a certified mediator under the rules of the Florida Supreme Court, an arbitrator qualified by a
recognized Arbitration Association, or a former judge; and
e) meet other such qualifications that may be established by resolution of the Commission.
Based on the materials provided, Andrew Dickman and Anthony Pires are not certified mediators under
the rules of the Florida Supreme Court or arbitrators qualified by a recognized Arbitration Association.
The Board may, however, waive this requirement should it choose to appoint Mr. Dickman or Mr. Pires
as Special Magistrate.
The current Special Magistrate’s agreement expires May 15, 2022.
FISCAL IMPACT: None at this time.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board evaluate the four submittals received for the solicitation for
Special Magistrate services and take whatever action the Board deems appropriate.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Dickman Response to Special Magistrate RFP (PDF)
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04/12/2022
2. Neale Response to Special Magistrate RFP (PDF)
3. Pires Response to Special Magistrate RFP (PDF)
4. Roche Response to Special Magistrate RFP (PDF)
5. 22-7987 Request for Proposal (RFP) Solicitation Final (PDF)
6. Special Magistrate Ordinance (PDF)
7. ExSumm_03_22_2022 Item #12A (Special Magistrate Services Contract) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 12.B
Doc ID: 21851
Item Summary: *** This Item to be heard at 10:30 am. *** Recommendation that the Board
evaluate the four submittals received for the solicitation for Special Magistrate services and take whatever
action the Board deems appropriate.
Meeting Date: 04/12/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
04/04/2022 11:13 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/04/2022 11:13 AM
Approved By:
Review:
Procurement Services Sandra Herrera Additional Reviewer Completed 04/04/2022 3:59 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/04/2022 4:07 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/04/2022 4:32 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/05/2022 8:59 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 04/05/2022 11:37 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
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RESPONSE TO THE REQUEST FOR PROPOSAL (RFP) FOR
SPECIAL MAGISTRATE SERVICES FOR COLLIER COUNTY
CODE ENFORCEMENT DIVISION
SOLICITATION NO.: 22-7987
March 31, 2022
Submitted by:
Andrew Dickman, Esq., AICP
DICKMAN LAW FIRM
809 Walkerbilt Road, Suite 6
Naples, Florida 34110
andrew@dickmanlawfirm.org
www.dickmanlawfirm.org
Office: (239) 434-0840
Mobile: (305) 335-1303
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Introduction.
Andrew Dickman, P.A. (d/b/a “Dickman Law Firm”), more specifically the managing
attorney, Andrew Dickman, is honored to submit this response (“Response”) to
Collier County’s Request for Proposal (RFP) for Special Magistrate (“Special
Magistrate”) Services in the Code Enforcement Division, Solicitation No. 22-7987.
This Response includes the documentation evidencing that attorney Andrew
Dickman and the Dickman Law Firm qualify to be evaluated and considered for the
position of code enforcement Special Magistrate for the County. We will gladly
provide any additional information you request, and attorney Andrew Dickman is
available to schedule an in-person interview with the Board of County
Commissioners.
About the Firm.
Attorney Andrew Dickman founded the Dickman Law Firm in 2002 while residing
Miami, Florida. Mr. Dickman proudly served several Florida governmental agencies
as an urban and regional planner over a 10-year period and attended law school in
the evenings at the Shepard Broad College of Law, Nova Southeastern University.
After two years practicing law at a large Miami-based law firm, Andrew Dickman
opened his solo legal practice largely focused on local and county government
public interest law. Fast forward, the Dickman Law Firm relocated to Collier County
in 2005 and has grown into a thriving firm offering its clients expertise in several
practice areas, including local and county government.
Today, the Dickman Law Firm based in North Naples, offers skilled legal assistance
to clients in communities throughout South Florida. With over four decades of
combined legal experience, our attorneys have the knowledge needed to find
practical and efficient solutions for each case and client.
All clients of our firm have direct access to our attorneys. When a client retains our
firm, they have a team committed to working toward solving problems and
providing dedicated representation focused on specific goals. Although we pride
ourselves on guiding clients to make positive decisions, we understand that
complete resolution a case requires respecting of what a client feels is fair — not
what we predetermine is best. Therefore, in our experience most clients want
practical solutions, and that’s what we specialize in.
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The Dickman Law Firm has talented and experienced lawyers and the legal
professionals supporting them. The firm’s core practice areas are construction law,
family law, contract/business law, probate/guardianships/trusts/estate planning,
real estate, and of course county and local government/land use and zoning.
While the RFP is for a Special Magistrate, it is important to understand that the
Dickman Law Firm has the talent and infrastructure to efficiently support the
Special Magistrate, should attorney Andrew Dickman be so honored to be selected.
About Andrew Dickman.
Born in Tampa, Florida and raised in rural Hillsborough County, attorney Andrew
Dickman has generations of deep roots in the Sunshine State. Mr. Dickman holds
his B.A. from the University of Florida as well as a master’s degree in urban and
regional planning from the University of Florida. To fulfill his fellowship
commitment with the U.S. Department of Housing and Urban Development, Mr.
Dickman applied his education in planning at the North Central Florida Regional
Planning Council, the St. Johns River Water Management District, and the Florida
Department of Children and Families community planning center in Miami, Florida.
As part of his profession, Mr. Dickman immediately involved himself in the state
and local chapters of the American Planning Association and then successfully
tested for the American Institute of Certified Planners.
As mentioned above, Andrew Dickman attended law school in the evening and
graduated 3 ½ years later in 1999. He immediately sat for the Florida Bar exam,
was admitted to practice law in 2000, and began practicing law at the well-known
firm of Bilzin Sumberg Baena Price & Axelrod, LLP in Miami, Florida. Two years
later, the Dickman Law Firm opened its doors.
In 2005, Mr. Dickman and his wife (also an attorney) relocated to Florida’s West
Coast with their two young boys and have lived and worked in Collier County since
that time. Proudly the Dickman Law Firm has thrived in Southwest Florida.
Attorney Andrew Dickman briefly represented the Conservancy of Southwest
Florida in legal and policy matters, he served Collier County on its Environmental
Advisory Council, he has taught environmental law and land use law at the Ave
Maria School of Law and is a board member for the statewide 1000 Friends of
Florida advocacy group. Since 2000, attorney Andrew Dickman has participated in
hundreds of quasi-judicial public hearings in front of elected officials, advisory and
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decision-making boards, including code enforcement magistrates in numerous
local governments.
In 2014, attorney Andrew Dickman was selected by the St. Pete Beach City
Commission to serve as City Attorney, a charter position working alongside the City
Manager and City Clerk. Mr. Dickman and the Dickman Law Firm handle all aspects
of the city’s legal needs, including code enforcement. As City Attorney, Mr.
Dickman is responsible for preparing and prosecuting all the city’s code
enforcement cases, including but not limited to vacation rentals, work without a
permit, noise violations, buildings and homes in disrepair, unkept landscaping,
unregistered parked vehicles, docks, fences, garage enclosures, signs, pools, and a
menagerie of ordinance and land development code violations and repeat
violations. Other responsibilities include collaborating with the City Clerk to record
special magistrate orders that become liens, working with violators to cure
violations, lien reduction applications and foreclosing on liens. City Attorney
Dickman and staff at the Dickman Law Firm coordinate hearings with the city’s two
special magistrates for code enforcement ensuring proper notice of hearings and
proper arrangement of the venue for public hearings, as required by Florida Statute
and city code.
As far as familiarity with Collier County government, attorney Andrew Dickman has
the honor of serving the County as its Hearing Examiner (HEX) since 2020. In this
capacity, Mr. Dickman conducts quasi-judicial hearings and rules on appeals of
administrative decision or interpretation, variances, conditional uses, boat lift
canopies and dock facility extensions, and performs such other duties, powers and
responsibilities as assigned by the Board of County Commission. As the Collier
County HEX, attorney Andrew Dickman works closely with county staff on
procedural matters related to all hearings, petitions, and other agenda items. Mr.
Dickman’s paralegal collaborates with County staff to ensure that all agendas are
reviewed in advance of all public hearings and that final decisions are rendered in
a timely manner and distributed to the parties. In this capacity as HEX, attorney
Andrew Dickman believes he is uniquely positioned and qualified to execute the
duties of Special Magistrate for code enforcement for Collier County.
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Attorney Andrew Dickman’s detailed qualifications follow:
EDUCATION:
Juris Doctor (1999)
Nova Southeastern University
Shepard Broad Law Center
Fort Lauderdale, Florida
Master of Arts in Urban and Regional Planning (1992)
University of Florida, College of Architecture
Gainesville, Florida
Concentration: Growth Management / Geographic Information Systems
Thesis: Manufactured Housing Discrimination: Plan Language and Intent, 1991.
Bachelor of Science in Psychology (1987)
University of Florida, College of Liberal Arts and Science
Gainesville, Florida
AFFILIATIONS & LICENSES:
American Institute of Certified Planners (AICP), Lic. #011349
American Planning Association (APA)
American Bar Association
Collier Bar Association
The Florida Bar, Lic. #0238820
United States District Court, Southern and Middle Districts of Florida
1000 Friends of Florida, Board member
Florida Shore & Beach Preservation Association
Florida Municipal Attorneys Association
PROFESSIONAL EXPERIENCE:
City Attorney, St. Pete Beach, Florida (2014-Present).
Powers, duties and responsibilities include 1) attorney of record in all civil suits, actions and
legal proceedings wherein the city, city commission, city manager, departments, boards or city
officials or employees are parties by virtue of their official positions or official actions; 2)
institute and prosecute all eminent domain proceedings and other civil suits, actions and legal
proceedings authorized by the city; 3) defend all civil suits, actions and legal proceedings
brought against the city; 4) serve as legal advisor to the city commission, the city manager,
and through the office of the city manager, advise personnel as designated by the city manager
and city boards who are not authorized to retain separate counsel; 5) render written legal
opinions requested by the city commission or city manager on matters relating to city
government and the interpretation, construction and meaning of the Charter, Florida statutes,
ordinances, resolutions and contracts affecting or pertaining to city government; 6) prepare or
review and approve as to form and legal sufficiency all city ordinances, resolutions, deeds,
contract documents and other legal instruments affecting or pertaining to the city; 7) attend
and be present at all regular and special meetings of the city commission unless excused from
attending by the Mayor; 8) assist in the engagement and supervision of special counsel
retained by the city commission for specific legal services; 9) coordinate with individual city
commissioners, city manager, city clerk and city department heads as needed; and 10)
perform such other duties, powers and responsibilities as assigned by the city commission;
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Attorney, Dickman Law Firm, Naples, Florida (2002-Present).
Managing partner in a family owned and operated boutique law firm with specializations in
local government law, family law, estate planning, guardianship, probate, small business
advocacy, litigation and appeals. Special interests are growth management, beach
preservation, working waterfronts, and urban development.
Reported cases include Auerbach v. City of Miami, 929 So.2d 693, 31 Fla. L. Weekly D1432
(May 24, 2006)*, Payne v. City of Miami, 913 So.2d 1260, 30 Fla. L. Weekly D2600 (November
16, 2005), and Payne v. City of Miami, 927 So.2d 904, 30 Fla. L. Weekly D2601(November
16, 2005).
Hearing Examiner, Collier County (2020-Present).
Conduct quasi-judicial hearings and rule on appeals of administrative decision or
interpretation, variances, conditional uses, boat lift canopies and dock facility extensions, and
perform such other duties, powers and responsibilities as assigned by the Board of County
Commission.
Adjunct Professor, Ave Maria School of Law, Naples, Florida (2009-2019).
Recruited to teach two courses (environmental law and land use law) to 2nd and 3rd year law
students when the law school relocated from Michigan to Naples in 2009. Topics taught
include NEPA, the Clean Water Act, the Clean Air Act, the Endangered Species Act, local
zoning and land use laws, and growth management.
Miscellaneous. (2000-2013).
Elected official for the Village of El Portal in Miami-Dade County, in the capacity of
Councilman and Vice-Mayor.
Legal counsel and policy director for the Conservancy of Southwest Florida
Collier County Environmental Advisory Council.
Attorney, Bilzin Sumberg Baena Price & Axelrod, LLP, Land Use Department, Miami,
Florida (2000-2002).
Member of a large, Miami-based law firm. Assigned to its land use, zoning and environmental
section. Primarily represent developers and businesses in Miami, Miami Beach, and
unincorporated Miami-Dade County.
Planning Director, Community Services Planning Center, State of Florida; Department
of Children and Families, Miami, Florida (1993–2000).
Establish GIS-based planning center to assist governmental and non-governmental agencies
with targeting locations in Miami-Dade and Monroe Counties for social services. Prepared
detailed maps and reports by mining an array of databases dealing with poverty, infectious
diseases, crime, abuse, adult living facilities, foster homes, and more.
Planning Technician, St. Johns River Water Management District, Geographic
Information Systems (GIS) Unit, Palatka, Florida (1992–1993).
Member of the GIS unit at the St. Johns River Water Management District, recognized as one
of the most progressive teams using emerging GIS technology to model and map ground
water, surface water, and wetlands to support water resource permitting, land management,
and other District responsibilities.
Planning Technician, North Central Florida Regional Planning Council, Local
Government Assistance Section, Gainesville, Florida. (1990–1992).
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Assigned as a United States Housing and Urban Development (HUD) fellow to assist 11 mostly
rural counties and 33 small municipalities with their comprehensive planning mandate under
the 1985 Growth Management Act. Worked with GIS to create land use data for preparing
existing and future land use maps and zoning atlases.
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Licenses and Insurance.
The Dickman Law Firm is properly licensed in Collier County and caries the
required insurance including the following:
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Conclusion.
Attorney Andrew Dickman has applied his entire professional career in local and
county government as a planner and as an attorney. He has handled hundreds of
administrative appeals at the local government level and before administrative law
judges (ALJs) at the Florida Department of Administrative Hearings. Attorney
Andrew Dickman has litigated code enforcement, land development code, and
comprehensive plan cases. Attorney Andrew Dickman has an extensive appellate
practice in circuit courts, district courts, the Florida Supreme Court, and in federal
courts. Attorney Andrew Dickman has been vetted and selected to fulfill the duties
of a City Attorney and Collier County HEX. Attorney Andrew Dickman and the
Dickman Law Firm would be honored to expand its role in Collier County
government to fulfill the duties as Special Magistrate for code enforcement.
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Packet Pg. 444 Attachment: Dickman Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for
Solicitation 22-7987
SPECIAL MAGISTRATE SERVICE FOR COLLIER COUNTY
CODE ENFORCEMENT DIVISION
Response from:
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
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Packet Pg. 445 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
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Packet Pg. 446 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
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Solicitation 22-7987
SPECIAL MAGISTRATE SERVICE FOR COLLIER COUNTY
CODE ENFORCEMENT DIVISION
Tab 2: Certified Minority Business Enterprise – N/A
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
12.B.2
Packet Pg. 448 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Solicitation 22-7987
SPECIAL MAGISTRATE SERVICE FOR COLLIER COUNTY
CODE ENFORCEMENT DIVISION
Tab 3: Cost of Services to the County
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
12.B.2
Packet Pg. 449 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
RFP 22-7987 Evaluation Criteria No. 3 Cost of Services for Provision of Special Magistrate for Code Enforcement for Collier County, Florida Submitted by Patrick Neale & Associates The Firm shall charge an hourly rate of one hundred ninety-five dollars ($195.00) per hour for the services of its principal, Patrick H. Neale as Special Magistrate. This rate shall remain in effect for the initial term of the contract. The Firm will invoice the County monthly if services have been performed during that month. The Firm will accept either check payment or electronic transfer, whichever is preferred by the County.
12.B.2
Packet Pg. 450 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
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Solicitation 22-7987
SPECIAL MAGISTRATE SERVICE FOR COLLIER COUNTY
CODE ENFORCEMENT DIVISION
Tab 4: Experience and Capacity of the Firm
- Experience and Capacity of Firm
- Scope of Work and Approach
- Relevant Professional Experience:
o Sample Cases
- References
o Avow Hospice Inc.
o Edward Larsen, Esq.
o Thomas Heidenberger
o Emmanuel Communities
o PBS Contractors
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
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Packet Pg. 452 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
RFP 22-7987 Evaluation Criteria No. 4 Experience and Capacity of the Firm for Provision of Special Magistrate for Code Enforcement for Collier County, Florida Submitted by Patrick Neale & Associates Submitted with the response to the RFP is evidence of graduation from an American Bar Association accredited law school (University of Miami,) evidence of good standing with the Florida Bar, evidence that Patrick H. Neale is a Florida Supreme Court certified mediator. Patrick H. Neale is also a Florida Arbitrator. In addition, five (5) references familiar with Patrick H. Neale and the Firm’s legal experience and knowledge of administrative law, land use law and local government regulations and procedures have been provided. Patrick H. Neale has been a member of the Florida Bar since 1978 and has been practicing law as a Collier County resident since 1987. A significant portion of his practice has been in land use, zoning, administrative law and governmental regulation. Other practice areas include construction and contracting law, hospitality law, small business law, real estate, and litigation. He established Patrick Neale & Associates in 2009. Mr. Neale has been involved in numerous land use and zoning issues from a governmental viewpoint through service on the Collier County Growth Management Plan Citizens Advisory Board, the Development Services Advisory Board and the Environmental Advisory Board. He has also represented clients on rezoning petitions, variances, compatibility determinations, code enforcement matters, contractor licensing matters at both the state and local level and before the Governor and Cabinet sitting as the Trustees of the Internal Improvement Trust Fund. Mr. Neale was also the attorney for the Collier County Contractors’ Licensing Board (hereafter Board) from 1995 through 2012. In this role, he attended the Board hearings, provided legal advice to the Board, drafted orders and assisted in the conduct of hearings. Mr. Neale assisted in the drafting of several revisions to the Contractors’ Licensing Ordinance and coordinated with the County Attorney’s office and the Contractors’ Licensing staff. Mr. Neale is also an adjunct professor at Florida Gulf Coast University. He teaches Resort & Hospitality Management Law, Legal Issues & Risk Management in the School of Resort and Hospitality Management. The Firm has an administrative and legal assistant staff of two persons who provide administrative, secretarial and paralegal support for the principal. Those services will be provided in support of the Special Magistrate at no additional cost to the County.
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Packet Pg. 453 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
RFP 22-7987 Evaluation Criteria No. 4 Scope of Work and Approach for Provision of Special Magistrate for Code Enforcement for Collier County, Florida Submitted by Patrick Neale & Associates The Special Magistrate position is defined in Collier County Ordinance 2010-04 and codified as Sections 2-2021-2-2023 of the Collier County Code of Ordinances (hereafter Code). Those Code sections and the Scope of Work set out in RFP-7987 describe what is essentially the business plan for the Special Magistrate. The Firm and Patrick H. Neale will provide Special Magistrate services as required and requested by the County. Should Patrick Neale & Associates working by and through its principal, Patrick H. Neale (hereafter Firm), be selected as the Special Magistrate, the Firm will provide services as required by the Code and Florida Statutes. As Special Magistrate, the Firm will perform the following responsibilities as set out in the Code and Florida Statutes: 1. Adopt rules and regulations for the conduct of hearings 2. Subpoena alleged violators and witnesses to appear at its hearings, which subpoenas may be served by the Collier County Sheriff or a duly authorized person 3. Subpoena evidence including, but not limited to, records, surveys, plats, and other documentary evidence, which subpoena may be served by the Collier County Sheriff or a duly authorized person 4. Take testimony under oath 5. Hold hearings on violations of local codes and ordinances and contested citations issued by but not limited to, the Collier County Sheriff’s Office, the Collier County Code Enforcement Department, Parks and Recreation Department, Public Utilities and Domestic Animal Services 6. Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance 7. Assess administrative fines, costs, and to impose liens and order the payment of such fines as provided for herein: 8. Authorize the county attorney, or designee, to foreclose on a lien or sue to recover a money judgment for unpaid fines and costs imposed by the Order of the Special Magistrate. The Firm shall endeavor to provide such services in an expeditious and efficient manner which complies with all the relevant Local, State and Federal laws and regulations. The Firm shall utilize the administrative services provided by the County as set out in RFP 22-7987 and supplement that staff as needed with support from the Firm’s staff. The Firm will not charge the County for use of its support staff.
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Packet Pg. 454 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Even though the current RFP does not request samples of the respondent’s work product, copies of orders drafted for the Collier County Contractors’ Licensing Board during Patrick H. Neale’s service as counsel for that board are attached as an example of the work product of the Firm.
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Packet Pg. 455 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
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CONTRACTORS LICENSING BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, Contractors’
Licensing Board
Petitioner
Vs.
Duane O. Thomas
d/b/a Duane Thomas Marine Construction,
LLC
_____________________________________
)
)
)
)
)
)
)
)
)
)
)
)
/
Case: 2011-11
License: C.C. #24326
ORDER
THIS CAUSE came on for public hearing before the Contractors’ Licensing Board
(hereafter Board) on December 21, 2011 for consideration of the Administrative
Complaint filed against Duane O. Thomas. Service of the Complaint was made in
accordance with Collier County Ordinance 06-46 as amended. The Board made a
finding of fact that the service conformed with the requirements of Ordinance 90-105, as
amended. The Board having at said hearing heard testimony under oath, received
evidence, and heard arguments respective to all appropriate matters, thereupon issues
its Findings of Fact, Conclusions of Law and Order of the Board as follows:
FINDINGS OF FACT
1. That Duane O. Thomas is the holder of record of License Number 24326.
2. That the Board of County Commissioners of Collier County, Florida is the
complainant in this matter.
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3. That the Board has jurisdiction of the person of the Respondent and that
Duane O. Thomas was present at the public hearing and was not represented by
counsel at the hearing on December 21, 2011.
4. All notices required by Collier County Ordinance No. 06-46, as amended, have
been properly issued and delivered by certified mail in accordance with Collier County
Ordinance 06-46, as amended.
5. The Respondent stated under oath that he was “guilty as charged”.
6. That the Respondent further admitted under oath to constructing a seawall
without a permit.
7. That the Respondent acted in a manner that reflected a disregard for the laws
and ordinances of Collier County.
8. That the Respondent did, in fact, proceed on a job without obtaining the
necessary permits from the appropriate agencies.
CONCLUSIONS OF LAW
1. The Conclusions of Law alleged and set forth in the Administrative Complaint
as to Count I are approved, adopted and incorporated herein, to wit, the Respondent
violated Section 4.1.18 of Collier County Ordinance 06-46, as amended (section 22-
201(18) of the Code of Laws and Ordinances of Collier County) in the performance of
his contracting business in Collier County by acting in violation of the section set out
above. The Contractor failed to obtain applicable permits.
2. Collier County has jurisdiction over this contractor pursuant to Collier County
Ordinance 06-46, as amended.
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ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, and
pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County
Ordinance No. 06-46, as amended, by a vote of 9 in favor and 0 opposed, a
majority vote of the Board members present, the Respondent has been found in
violation as set out above..
Further, it is hereby ORDERED, that after due consideration of all factors
required under the Collier County Code of Laws and Ordinances 22-203(c) and based
upon the evidence and testimony presented at the hearing on December 21, 2011, the
Board, by a vote of 7 in favor and 2 opposed, a majority vote of the Board
members present that the following disciplinary sanction(s) and related order are hereby
imposed upon the holder of Contractors’ License Number 24326.
1. Probation for a period of twelve (12) months whereby the Respondent will
perform his contracting activities under the supervision of the Board. During which time,
should the Respondent violate the Ordinance in any respect, his license will be
immediately suspended and a hearing on the suspension and violation shall be held
and the next regularly scheduled Board hearing.
1. A fine in the amount of two thousand five hundred dollars ($2,500.00) for
count I to be paid within ninety (90) days of the date of this hearing.
2. Administrative and investigative costs in the amount of five hundred
dollars ($500.00) to be paid within thirty (30) days of the date of this hearing.
12.B.2
Packet Pg. 458 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
4
3. Respondent to report all active jobs to the Contractor Licensing
Supervisor in a manner to be established by the Contractor Licensing Supervisor after
consultation with the Respondent .
The parties hereto are hereby notified that the Respondent has a
right to request a rehearing of this matter. A request for rehearing shall be made in
writing and shall be filed with the Clerk to the Collier County Board of County
Commissioners, and served on any other parties, within twenty (20) days from the date
of mailing of the Board's written decision under Section 4.3.4.9 and 4.3.4.10 of
Ordinance 06-46, as amended. A request for rehearing shall be based only on the
ground that the decision was contrary to the evidence or that the hearing involved an
error on a ruling of law which was fundamental to the decision of the Board. The written
request for rehearing shall specify the precise reasons therefore. The decision of the
Board which is the subject of the rehearing request shall remain in effect throughout the
rehearing procedure unless the Board orders otherwise.
The Board shall make a determination as to whether or not to rehear the matter
and its decision shall be made at a public meeting, reduced to writing and mailed to the
interested parties within 21 days after the decision is made. If the Contractors'
Licensing Board determines it will grant a rehearing, it may:
a. Schedule a hearing where the parties will be given the opportunity
of presenting evidence or argument limited by the Board to the specific reasons for
which the rehearing was granted; or
b. Modify or reverse its prior decision, without receiving further evidence,
providing that the change is based on a finding that the prior decision of the Board
resulted from a ruling on a question of law which the Board has been informed by its
counsel was an erroneous ruling and which ruling could effect the substantive decision.
The parties are further notified that upon the timely filing of a Notice of Appeal
within thirty (30) days you may have the decision of the Board reviewed pursuant to the
procedure set out herein. The contractor found to be in violation may appeal a decision
of the Board to the Collier County Circuit Court. Such an appeal shall not be a hearing
de novo but shall be limited to appellate review of the record created before the Board.
Any appeal shall be filed with the Circuit Court and served on the parties within thirty
12.B.2
Packet Pg. 459 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
5
(30) days of the mailing of the decision of the Board under Sections 4.3.4.9 and 4.3.4.10
of Ordinance 90-105, as amended. If there has been a re-hearing request, the appeal
shall be filed with the Circuit Court and served on the parties within thirty (30) days of
the mailing of the re-hearing decision under Section 5.1.2 of Ordinance 90-105, as
amended.
In the event that the contractor found to be in violation should elect to appeal, a
verbatim record and transcript of the proceedings will be necessary. It shall be the sole
responsibility of said party to ensure that a record is made from which a transcript may
be prepared which includes the testimony upon which an appeal may be taken. Neither
Collier County nor the Board shall have any responsibility to provide a verbatim record
transcript of the proceedings.
FURTHER, the Board makes no recommendation to the Florida Construction
Industry Licensing Board.
In accordance with Chapter 489.131(7) ( c ) and (d), Florida Statutes, the
disciplined contractor, the complainant, or the Department of Business and Professional
Regulation may challenge the local jurisdiction enforcement body’s recommended
penalty for Board action to the State Construction Industry Licensing Board. A challenge
must be filed within sixty (60) days of the issuance of the recommended penalty to the
State Construction Industry Licensing Board in Tallahassee, Florida. If challenged, there
is a presumptive finding of probable cause and the case may proceed before the State
Board without the need for a probable cause hearing.
Failure of the disciplined contractor, the complainant, or the Department of
Business and Professional Regulation to challenge the local jurisdiction’s recommended
penalty within the time period set forth herein shall constitute a waiver of the right to a
hearing before the State Construction Industry Licensing Board. A waiver of the right to
a hearing before the State Board shall be deemed an admission of the violation, and the
penalty recommended shall become a final order according to the procedures
developed by State Board rule without further State Board action.
Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that
they may appeal the Final Order of the State Board by filing one copy of a Notice of
Appeal with the Clerk of the Department of Business and Professional Regulation,
Northwood Centre, 1940 Monroe Street, Tallahassee, Florida 32399-0792, and by filing
the filing fee and one copy of the Notice of Appeal with the District Court of Appeal
within thirty (30) days of the effective date of said Order.
12.B.2
Packet Pg. 460 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
6
ORDERED by the Contractors Licensing Board effective the 21 day
December 2011.
Kyle Lantz, Chairman
Contractors Licensing Board
I HEREBY CERTIFY that a true and correct copy of the above and
foregoing Findings of Fact, Conclusions of Law, and Order of the Board has been
furnished the Respondent, Duane O. Thomas, Duane Thomas Marine Construction,
LLC, 296 Rockhill Court, Marco Island, FL 34145; and Michael Ossorio, Licensing
Compliance Supervisor, 2800 North Horseshoe Drive, Naples, FL 34103 on this
_________ day of , 2012.
Secretary / Contractors Licensing Board
12.B.2
Packet Pg. 461 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
1
CONTRACTORS LICENSING BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, Contractors’
Licensing Board
Petitioner
Vs.
John Dennis Below
d/b/a Allstate Aluminum of S.W. FL, L
_____________________________________
)
)
)
)
)
)
)
)
)
)
)
/
Case: 2011-10
License: C.C. #33911
ORDER
THIS CAUSE came on for public hearing before the Contractors’ Licensing Board
(hereafter Board) on December 21, 2011 for consideration of the Administrative
Complaint . Service of the Complaint was made in accordance with Collier County
Ordinance 90-105 as amended. The Board made a finding of fact that the service
conformed with the requirements of Ordinance 90-105, as amended. The Board having
at said hearing heard testimony under oath, received evidence, and heard arguments
respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions
of Law and Order of the Board as follows:
FINDINGS OF FACT
1. That John Dennis Below is the holder of record of License Number 33911.
2. That the Board of County Commissioners of Collier County, Florida is the
complainant in this matter.
Drafted by Patrick H. Neale 12.B.2
Packet Pg. 462 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
2
3. That the Board has jurisdiction of the person of the Respondent and that John
Dennis Below was not present at the public hearing and was not represented by
counsel at the hearing on December, 2011.
4. All notices required by Collier County Ordinance No. 90-105, as amended,
have been properly issued, hand delivered and delivered by certified mail in accordance
with Collier County Ordinance 90-105, as amended.
5. The Contractors’ Licensing Supervisor testified under oath that the respondent
was fully advised by telephone conversation of the conduct of the hearing and its
possible consequences, including but not limited to the loss of his license.
6. That clear and convincing evidence exists in support of the allegations in
Count I, that the Respondent acted in violation of ordinance 90-105, as amended,
section 4.1.18/Collier County Code of Laws and Ordinances Section 22-201(18) at the
residence located at 355 Cypress Way West, Naples, FL.
7. That clear and convincing evidence exists in support of the allegations in
Count II, that the Respondent acted in violation of ordinance 90-105, as amended,
section 4.1.18/Collier County Code of Laws and Ordinances Section 22-201(18) at the
residence located at 331 22nd Street SE, Naples, FL.
8. That clear and convincing evidence exists in support of the allegations in
Count III, that the Respondent acted in violation of ordinance 90-105, as amended,
section 4.1.18/Collier County Code of Laws and Ordinances Section 22-201(18) at the
residence located at 7525 Garibaldi Court, Naples, FL.
9. That clear and convincing evidence exists to find the Respondent in violation
of Count VI, violation of ordinance 90-105, as amended, section 4.1.2/Collier County
12.B.2
Packet Pg. 463 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
3
Code of Laws and Ordinances Section 22-201(2) at the residence located at 7525
Garibaldi Court, Naples, FL.
CONCLUSIONS OF LAW
1. The Conclusions of Law alleged and set forth in the Administrative Complaint
as to Count I are approved, adopted and incorporated herein, to wit, the Respondent
violated Section 4.1.18 of Collier County Ordinance 90-105, as amended in the
performance of his contracting business in Collier County by acting in violation of the
section set out above with particularity.
2. The Conclusions of Law alleged and set forth in the Administrative Complaint
as to Count II are approved, adopted and incorporated herein, to wit, the Respondent
violated Section 4.1.18 of Collier County Ordinance 90-105, as amended in the
performance of his contracting business in Collier County by acting in violation of the
section set out above with particularity.
3. The Conclusions of Law alleged and set forth in the Administrative Complaint
as to Count III are approved, adopted and incorporated herein, to wit, the Respondent
violated Section 4.1.18 of Collier County Ordinance 90-105, as amended in the
performance of his contracting business in Collier County by acting in violation of the
section set out above with particularity.
4. The Conclusions of Law alleged and set forth in the Administrative Complaint
as to Count IV are approved, adopted and incorporated herein, to wit, the Respondent
violated Section 4.1.2 of Collier County Ordinance 90-105, as amended in the
performance of his contracting business in Collier County by acting in violation of the
section set out above with particularity.
12.B.2
Packet Pg. 464 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
4
5. Collier County has jurisdiction over this contractor pursuant to Collier County
Ordinance 90-105, as amended.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, and
pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County
Ordinance No. 90-105, as amended, by a vote of 9 in favor and 0 opposed,
a majority vote of the Board members present, the Respondent has been found in
violation as set out above.
Further, it is hereby ORDERED, by a vote of 9 in favor and 0
opposed, a majority vote of the Board members present that the following disciplinary
sanction(s) and related order are hereby imposed upon the holder of Contractors’
License Number 33911, as agreed in the attached Stipulation Agreement..
1. Revocation of the Respondent’s contracting license/certificate of
competency as issued by Collier County, Florida
2. A fine in the amount of five thousand dollars ($5,000.00) for count I to be
paid within ninety (90) days of the date of this hearing.
3. A fine in the amount of five thousand dollars ($5,000.00) for count II to be
paid within ninety (90) days of the date of this hearing.
4. A fine in the amount of five thousand dollars ($5,000.00) for count III to be
paid within ninety (90) days of the date of this hearing.
5. A fine in the amount of five thousand dollars ($5,000.00) for count IV to be
paid within ninety (90) days of the date of this hearing.
12.B.2
Packet Pg. 465 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
5
6. A public reprimand to be issued by the Collier County Contractors’
Licensing Supervisor as provided for in the Contractors’ Licensing Ordinance.
The parties hereto are hereby notified that the Respondent has a
right to request a rehearing of this matter. A request for rehearing shall be made in
writing and shall be filed with the Clerk to the Collier County Board of County
Commissioners, and served on any other parties, within twenty (20) days from the date
of mailing of the Board's written decision under Section 4.3.4.9 and 4.3.4.10 of
Ordinance 90-105, as amended. A request for rehearing shall be based only on the
ground that the decision was contrary to the evidence or that the hearing involved an
error on a ruling of law which was fundamental to the decision of the Board. The written
request for rehearing shall specify the precise reasons therefore. The decision of the
Board which is the subject of the rehearing request shall remain in effect throughout the
rehearing procedure unless the Board orders otherwise.
The Board shall make a determination as to whether or not to rehear the matter
and its decision shall be made at a public meeting, reduced to writing and mailed to the
interested parties within 21 days after the decision is made. If the Contractors'
Licensing Board determines it will grant a rehearing, it may:
a. Schedule a hearing where the parties will be given the opportunity
of presenting evidence or argument limited by the Board to the specific reasons for
which the rehearing was granted; or
b. Modify or reverse its prior decision, without receiving further evidence,
providing that the change is based on a finding that the prior decision of the Board
resulted from a ruling on a question of law which the Board has been informed by its
counsel was an erroneous ruling and which ruling could effect the substantive decision.
The parties are further notified that upon the timely filing of a Notice of Appeal
within thirty (30) days you may have the decision of the Board reviewed pursuant to the
procedure set out herein. The contractor found to be in violation may appeal a decision
of the Board to the Collier County Circuit Court. Such an appeal shall not be a hearing
de novo but shall be limited to appellate review of the record created before the Board.
Any appeal shall be filed with the Circuit Court and served on the parties within thirty
(30) days of the mailing of the decision of the Board under Sections 4.3.4.9 and 4.3.4.10
of Ordinance 90-105, as amended. If there has been a re-hearing request, the appeal
12.B.2
Packet Pg. 466 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
6
shall be filed with the Circuit Court and served on the parties within thirty (30) days of
the mailing of the re-hearing decision under Section 5.1.2 of Ordinance 90-105, as
amended.
In the event that the contractor found to be in violation should elect to appeal, a
verbatim record and transcript of the proceedings will be necessary. It shall be the sole
responsibility of said party to ensure that a record is made from which a transcript may
be prepared which includes the testimony upon which an appeal may be taken. Neither
Collier County nor the Board shall have any responsibility to provide a verbatim record
transcript of the proceedings.
FURTHER, the Board makes no recommendation to the Florida Construction
Industry Licensing Board.
In accordance with Chapter 489.131(7) ( c ) and (d), Florida Statutes, the
disciplined contractor, the complainant, or the Department of Business and Professional
Regulation may challenge the local jurisdiction enforcement body’s recommended
penalty for Board action to the State Construction Industry Licensing Board. A challenge
must be filed within sixty (60) days of the issuance of the recommended penalty to the
State Construction Industry Licensing Board in Tallahassee, Florida. If challenged, there
is a presumptive finding of probable cause and the case may proceed before the State
Board without the need for a probable cause hearing.
Failure of the disciplined contractor, the complainant, or the Department of
Business and Professional Regulation to challenge the local jurisdiction’s recommended
penalty within the time period set forth herein shall constitute a waiver of the right to a
hearing before the State Construction Industry Licensing Board. A waiver of the right to
a hearing before the State Board shall be deemed an admission of the violation, and the
penalty recommended shall become a final order according to the procedures
developed by State Board rule without further State Board action.
Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that
they may appeal the Final Order of the State Board by filing one copy of a Notice of
Appeal with the Clerk of the Department of Business and Professional Regulation,
Northwood Centre, 1940 Monroe Street, Tallahassee, Florida 32399-0792, and by filing
the filing fee and one copy of the Notice of Appeal with the District Court of Appeal
within thirty (30) days of the effective date of said Order.
12.B.2
Packet Pg. 467 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
7
ORDERED by the Contractors Licensing Board effective the 21 day
December, 2011.
Lee Horn, Chairman
Contractors Licensing Board
I HEREBY CERTIFY that a true and correct copy of the above and
foregoing Findings of Fact, Conclusions of Law, and Order of the Board has been
furnished the Respondent, John Dennis Below, 12570 Metro Parkway, #2, Fort Myers,
FL 33966; and Michael Ossorio, Licensing Compliance Supervisor, 2800 North
Horseshoe Drive, Naples, FL 34103 on this _________ day of , 2011.
Secretary / Contractors Licensing Board
12.B.2
Packet Pg. 468 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Form 5 Reference Questionnaire
(USE ONE FORM FOR EACH REQUIRED REFERENCE)
Solicitation:
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name:
(Evaluator completing reference questionnaire)
Company:
(Evaluator’s Company completing reference)
Email: FAX: Telephone:
Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the
selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which
they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale
of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you
were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance
in a particular area, leave it blank and the item or form will be scored “0.”
Project Description: ___________________________ Completion Date: _____________________________
Project Budget: _______________________________ Project Number of Days: _______________________
Item Criteria Score (must be completed)
1 Ability to manage the project costs (minimize change orders to scope).
2 Ability to maintain project schedule (complete on -time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly.
8 Abiltity to manage risks and unexpected project circumstances.
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10 Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Solicitation 22-7964Collier County
1/13/2022 10:20 AM p. 16
Patrick H Neale, PLLC, dba Patrick Neale & Associates
Patrick H. Neale
Jaysen F. Roa, President & CEO Avow Hospice, Inc. and affiliated companies
jaysen.roa@avowcares.org (239) 261-4404
General Counsel Ongoing Representation
Ongoing Representation Ongoing Representation
10
10
10
10
10
10
10
10
10
10
100
22-7987
12.B.2
Packet Pg. 469 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Admitted: FL, NY, NJ
JD, MBA, LLM
EDWARD L. LARSEN, ESQ., P.A.
2390 North T,uniami Trail
Suite 202
Naples, Florida :HI 03
(239)643-0 l 00
w,vw.Edwardl.arse11Esq .com
Ed@EdwardI .. u·scnEsq.com
Florida Supreme Court
Certified Circuit Civil Mediator
Florida Board Certified in Business Litigation
Via Email February 13, 2022
Collier County Commissioners
Re: Patrick H. Neale, Esq.
Magistrate, Code Enforcement
Dear Commissioners:
Kindly permit this letter to serve as an unqualified recommendation of Patrick H. Neale,
Esq., for appointment as the Magistrate to hear Collier County Code Enforcement matters.
As an introduction, kindly note I am a resident, practice law in Collier County, and I am
the President-Elect of the Collier County Bar Association and currently serve as the President of
the Collier County Bar Foundation. I have also sat on the Boards of the Collier County Bar Trial
Lawyers, the 20 th Judicial Circuit Professionalism Panel, the Collier County American Legion,
Collier County Elks, and the Collier County United Way. Most importantly, I had the honor and
privilege to serve on the Collier County Code Enforcement Board.
Needless to say, Mr. Neale's reputation for professionalism within the Collier County is
sterling and his character exemplary. There have been very few attorneys that I have
unequivocally endorsed for appointment in the 35 years that I have been practicing law, and Mr.
Neale falls within this select group.
Separate and apart from the private practice of law, I also have the privilege to serve as a
part-time General Magistrate for the 20 th Judicial Circuit. Serving in this capacity has made me
acutely aware of the importance of proper judicial temperament. In this respect, I firmly believe
that Mr. Neale's keen intellect, inquisitive mind, and legal skills will serve the residents of
Collier County well.
Should you have any questions, or if I may be of further service, please do not hesitate to
contact me.
Respectfull: 'J&0 ►��
Edward L. Larsen, Esq.
12.B.2
Packet Pg. 470 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Collier County
Co�er County � Administrative Services Department Procurement Services Division
Form 5 Reference Questionnaire
(USE ONE FORM FOR EACH REQUIRED REFERENCE)
Solicitation: 22-7987
Reference Questionnaire for:
Patrick H Neale, PLLC dba Patrick Neale & Associates
(Name of Company Requesting Reference Information)
Patrick H. Neale (Name oflndividuals Requesting Reference Information)
Name: El>t-..lt<lt{ r� L. LA J�J f';J £5 (Evaluator completing reference questionbaire)'fo Company: l;bwA-(.°D l. l-411.)-1,-/, f�_1(?.f\.(Evaluator's Company completing reference}'
Solicitation 22-7964
FAX: Telephone: ;z...J "I -c) <o -c.f c) '( 1
Collier County has implemen ted a process that collects reference information on firms and their key personnel to be used in theselection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which
they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scaleof l to 10, with IO representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that youwere very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance
in a particular area, leave it blank and the item or form will be scored "O."
Project Descripti on: _ ___,__;J.::..+
/
.i::.A-z:.__ ______ _J
Project Budget: i1!/) Project Number of Days: NA7
Completion Date : --L.�::.....;.
b
_,_A....:._ _______ _ I✓
Item Criteria Score (must be completed]
Ability to manage the project costs (minimize change orders to scope).
�/\ .b...ic,c.c..--n� �f> � GJ�r', \Cl
2 Ability to maintain project schedule ( complete on-time or early). lo \tt.At-JS:A<.., to,.J A- N .-;::, CA-� L<JI?> i)
3 Quality of work. \a
4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. \ 0
6 Project administration ( completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.) \0
7 Ability to verbally co mmunicate and document information clearly and succinctly. \ 0
8 Abiltity to manage risks and unexpected project circumstances. , o·
Ability to follow contract documents, policies, procedures, rules, regulations, etc. \ 0
IO Overall comfort level with hiring the company in the future (cu stomer satisfaction). 10 TOTAL SCORE OF ALL ITEMS \ 0 0
k \\v-.12£,dal-�lfn
1/13/2022 10:20 AM p. 16
12.B.2
Packet Pg. 471 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Collier County Solicitation 22-7964
Co�er County� Administrative Services Departmem Procurement Services Division
Form 5 Reference Questionnaire
·,1 (USE ONE FORM FOR EACH REQUIRED REFERENCE)
Solicitation: 22-7987Reference Questionnaire for: Patrick H Neale, PLLC, dba Patrick Neale & Associates (Name of Company Requesting Reference Information) Patrick H. Neale (Name oflndividuals Requesting Reference Information) NameT"1o Ma..5 He i of€. n be n:-1-e.r(Evaluator completing reference questionnai r� Email: Lp h • a'.'1 cbl-\S � Cfm:JJ , ( �NJ; AX:D�A M • q ,-..Company: II 1<.lnne.r 1..0-:::, LLL(Evaluator's Company completing reference) Telephone:2 '10 99 4 � 'o 3 3 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "O." Project Description: Le.gp.\ R e.preSeo ro.·hon Completion Date: _,O'"""'-lpF-�-'""'--'--------Project Budget: Of e (\ -� on301 � Project Number of Days: 00.3 0 I '73
Item Criteria Score (must be completed' I Ability to manage the project costs (minimize change orders to scope). 10
2 Ability to maintain project schedule (complete on-time or early). IO 3 Quality of work. 10 4 Quality of consultative advice provided on the project. lo s Professionalism and ability to manage personnel. \D
6 Project administration ( completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) ID
7 Ability to verbally communicate and document information clearly and succinctly. IO
8 Abiltity to manage risks and unexpected project circumstances. ID
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. ID
10 Overall comfort level with hiring the company in the future (cust-omer satisfaction). (O
TOTAL SCORE OF ALL ITEMS
1/13/2022 10:20 AM p. 16
12.B.2
Packet Pg. 472 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Form 5 Reference Questionnaire
(USE ONE FORM FOR EACH REQUIRED REFERENCE)
Solicitation:
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name:
(Evaluator completing reference questionnaire)
Company:
(Evaluator’s Company completing reference)
Email: FAX: Telephone:
Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the
selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which
they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale
of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you
were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance
in a particular area, leave it blank and the item or form will be scored “0.”
Project Description: ___________________________ Completion Date: _____________________________
Project Budget: _______________________________ Project Number of Days: _______________________
Item Criteria Score (must be completed)
1 Ability to manage the project costs (minimize change orders to scope).
2 Ability to maintain project schedule (complete on -time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly.
8 Abiltity to manage risks and unexpected project circumstances.
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10 Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Solicitation 22-7964Collier County
1/13/2022 10:20 AM p. 16
22-7987
Patrick H Neale, PLLC, dba Patrick Neale & Associates
Patrick H. Neale
Howard Isaacson Emmanuel Communities, Inc.
H.Isaacson@EmmanuelCommunities.org 239.206.3082
Ongoing General Counsel Engagement
est. $5,000 per year
ongoing engagement
varies depending on our needs
10
10
10
10
10
10
10
10
10
10
100
I have engaged Patrick numerous times over the past 8 years and I have been extremely satisfied with his work and the work of his team each and every time. Patrick is my "go to" for legal advice, contract development, risk mitigation, and any other time a sharp legal mind, with extensive experience,is needed. I strongly endorse the selection of Patrick Neale for this Collier County "project". Please feel free to reach out with any questions to me directly at 239.206.3082. Thank you.
12.B.2
Packet Pg. 473 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Collier County
Co�er County
Ad�t
Procuremenl Services DIV1S1on
Form 5 Reference Questionnaire
{USE ONE FORM FOR EACH REQUIRED REFERENCE)
Solicitation: 22-7987Reference Questionnaire for: Patrick H Neale PLLC dba Patrick Neale & Associates (Name of Company Requesting Reference Information)
Patrick H. Neale (Name oflndividuals Requesting Reference Information)
Name: Rl>�SE:Ll A • fut>b(Evaluator completing reference questi onnaire)
Email: rb
Company: PBS eo�ACTOR:5 (Evaluator's Company completing reference)
Solicitation 22-7964
Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "O,"
Project Description: lfJ A.I SvU11:TIOtJ /L£(nH,,. Completion Date: __ ,-,J_,+/_zc.__0_1�3�---Jf , r 1 Project Budget : --�JL.:OC....,...::,0'-'00,c________ Project Number of Days: __ ...... 9....,0"-------
Item Criteria Score (must be comoleted
1 Ability to manage the project costs (minimize change orders to scope). to 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. /0 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10
7 Ability to verbally communicate and document information clearly and succinctly. tO 8 Abiltity to manage risks and unexpected project circumstances. 10 I
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10
IO Overall comfort level with hiring the company in the future (customer satisfaction). tO TOT AL SCORE OF ALL ITEMS /0[}
1/13/2022 10:20 AM p. 16
12.B.2
Packet Pg. 474 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Solicitation 22-7987
SPECIAL MAGISTRATE SERVICE FOR COLLIER COUNTY
CODE ENFORCEMENT DIVISION
Tab 5: Specialized Experience of Team Members
- Patrick H. Neale – Law School Degree
- Patrick H. Neale – Florida Bar – Good Standing
- Patrick H. Neale – Mediator Certificate
- Patrick H. Neale Resume
- Patrick H. Neale Arbitration Certificate
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
12.B.2
Packet Pg. 475 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
RFP 22-7987 Evaluation Criteria No. 5 Specialized Experience of Team Members for Provision of Special Magistrate for Code Enforcement for Collier County, Florida Submitted by Patrick Neale & Associates The Special Magistrate services will be provided to the County through the principal of the Firm, Patrick H. Neale. As noted in Tab No. 4, Mr. Neale has been a member of the Florida Bar since 1978 and practicing law in Collier County since 1987. Mr. Neale’s resume’ is attached for reference. Mr. Neale has extensive experience in administrative, governmental, land use and related manners. He has also been a court appointed mediator. In addition to being a court appointed mediator, he is a Florida Supreme Court Certified Circuit Court mediator and Arbitrator, and has participated in numerous mediations in his career. His practice has resulted in him appearing or representing clients before all types of quasi-judicial bodies such as the Collier County Planning Commission, Collier County Contractors’ Licensing Board, Collier County Code Enforcement Board, Board of County Commissioners in Collier County; Lee County and Charlotte County Contractors’ Licensing Boards, City of Marco Island Planning Board, Code Enforcement Board and City Council, Florida Construction Industry Licensing Board and the Governor and Cabinet sitting as the Trustees of the Internal Improvement Trust Fund. He has also appeared in Lee, Collier, Manatee, Sarasota, Palm Beach, Charlotte and several other county and circuit courts, as well as the Federal Bankruptcy Courts in both the Middle and Southern Districts of Florida and the Federal District Court for the Middle District. This extensive experience in judicial and quasi-judicial jurisdictions along with extensive experience through his practice in the relevant areas of the law uniquely qualify Mr. Neale for the Special Magistrate position. The Firm also has an excellent support staff comprised of two highly qualified individuals; Ms. Karen Klukiewicz, the Firm’s chief operating officer and Mrs. Judi Menard, Mr. Neale’s legal assistant who has extensive experience in all areas of the law.
12.B.2
Packet Pg. 476 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
12.B.2
Packet Pg. 477 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
LAWYER DIRECTORY
Find a Lawyer
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Search by Bar number only produces results that are an exact match to the number
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Bar #
Patrick
Neale
Law Firm
City
naples
12.B.2
Packet Pg. 478 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
View in new tab
Patrick H Neale
Me m ber in G ood St anding
Eli gible t o Pra ct i ce L aw in Flor i da
Bar Number:
258253
Mail Address:
Patrick Neale & Associates
5470 Bryson Ct Ste 103
Naples, FL 34109-6000
Office: 239-642-1485
Cell: 239-642-1485 - No Text Messages
Fax: 239-642-1487
Email:
email-service@patrickneale.com
Personal Bar URL:
https://www.floridabar.org/mybarprofile/258253
vCard:
County:
Collier
Circuit:
20
Admitted:
09/25/1978
10-Year Discipline History:
12.B.2
Packet Pg. 479 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
The Find a Lawyer directory is provided as a public service. The Florida Bar maintains limited basic information about lawyers licensed to practice in the
state (e.g., name, address, year of birth, gender, law schools attended, admission year). However, The Florida Bar allows individual attorneys the
opportunity to add personal and professional information to the directory. The lawyer is solely responsible for reviewing and updating any additional
None
Law School:
University of Miami School of Law, 1978
Committees:
Committee Office Term
Voluntary Bar Liaison Committee(CM)06/30/2023
Aviation Law Committee(CM)06/30/2022
Senior Lawyers Committee(CM)06/30/2022
Sections:
Alternative Dispute Resolution
Business Law
City, County & Local Govt Law
Environmental & Land Use Law
Real Property, Probate & Trust
Solo & Small Firm
Trial Lawyers
Federal Courts:
Florida Middle District Bankruptcy Court
U.S. District Court, Middle District of Florida
State Courts:
Florida
Firm:
Patrick Neale & Associates
Firm Size:
2-5
Firm Position:
Private Law Practice
12.B.2
Packet Pg. 480 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Need legal help?
Take a look at our newly enhanced Lawyer Referral Service site.
information in the directory. The lawyer's added information is not reviewed by The Bar for accuracy and The Bar makes no warranty of any kind, express
or implied. The Florida Bar, its Board of Governors, employees, and agents are not responsible for the accuracy of that additional information. Publication
of lawyers' contact information in this listing does not mean the lawyers have agreed to receive unsolicited communications in any form. Unauthorized
use of this data may result in civil or criminal penalties. The Find a Lawyer directory is not a lawyer referral service.
12.B.2
Packet Pg. 481 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
From: Dawn Burlison <BurlisoD@flcourts.org>
Sent: Tuesday, October 5, 2021 11:46 AM
To: Patrick Neale <pneale@patrickneale.com>
Subject: Mediator Renewal Approved
Dispute Resolution Center
C E R T I F I C A T E O F R E N E W A L
PATRICK H. NEALE
This verifies that the above named individual
has been renewed as a Certified Circuit Mediator
to 10/20/2023.
Certificate No: 35673 R
12.B.2
Packet Pg. 482 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
RESUME PATRICK H. NEALE 5470 BRYSON CT #103 NAPLES, FL 34109 TELEPHONE: (239) 642-1485 FACSIMILE: (239) 642-1487 EDUCATION B.S. 1973 Chemistry, American Chemical Society Professional University of Miami, FL Concentration in environmental and analytical chemistry. Recipient of two National Science Foundation grants. J.D. 1978 University of Miami, FL, School of Law, Night Program. Concentration in commercial and environmental law. LEGAL EXPERIENCE 1997 – Present Patrick H. Neale Attorney at Law/Patrick Neale & Associates Naples and Marco Island, FL – Naples Primary office in 2011 Practice concentrating on administrative law, contractor licensing and contractor law, land use, small business, construction, real estate transactions, bankruptcy and debt relief. Representing clients before local, state and federal courts and agencies. Represented Collier County Contractors’ Licensing Board for seventeen years and also Building Board of Adjustment and Appeals. Court appointed or privately retained mediator in several cases. 2019 – Present FGCU School of Hospitality and Management. Adjunct Professor of Law 1993-1997 Lazarus & Neale Marco Island, FL Attorney at Law with concentration on real estate, land use, zoning, governmental and administrative law.
12.B.2
Packet Pg. 483 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Patrick H. Neale – Resume’
Page 2 of 4
1991-1993 Attorney at Law - Sole Practitioner Marco Island, FL 1987-1991 Mancilla & Betz Attorney at Law - Of Counsel Marco Island, FL PROFESSIONAL AFFILIATIONS Bar Admissions: Florida Bar – 1978 Member of Administrative Law, Environmental and Land Use Law, Real Property Probate Law, Government Lawyer, City, County & Local Government Law, Business Law, Alternative Dispute Resolution and Trial Law Sections. Middle District Florida – 2009 Southern District Florida – 2016 Professional Memberships: Collier County Bar Association – Member and Member of Board of Directors. National Association of Consumer Bankruptcy Attorneys American Bankruptcy Institute Florida Bar – Aviation Law, Senior Lawyer and Voluntary Bar Liaison Committees HONORS
• Iron Arrow Honor Society - University of Miami - 1972, Highest Honor Awarded at University of Miami
• Marco Island YMCA – Community Leader of the Year 2002
• Marco Island Chamber of Commerce – Lifetime Achievement Award – 2009
• Collier County Education Foundation – Man of Distinction 2010
• Legal Aid Society – Attorney of the Year 2017, Leadership Award 2012. Attorney of the Month – twice 2012
• Leadership Collier – Distinguished Alumni Award 2014
• Naples Daily News – 25 over 50 Award 2016
12.B.2
Packet Pg. 484 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Patrick H. Neale – Resume’
Page 3 of 4
COMMUNITY ACTIVITIES
• Avow Hospice of Collier County - Board member 2016 – present
• Marco Island Area Chamber of Commerce - Board 1989-1992 and 1999 - Present; Secretary - 2000; President Elect - 2001; President - 2002; Chairman - Governmental Affairs Committee 1990-1992; 1996-present
• Naples Equestrian Challenge – Board member and chair of development committee – 2014-2015
• Naples Pathways Coalition - Board member 2015-2016. Co-president 2015-2016.
• Greater Naples Chamber of Commerce – Member Board of Directors, 2004 - 2008 ; Board Member NACPAC - 1992-1994
• United Way of Collier County - Board 1998-2004; 2012-2015, President 2000-2001; Vice President – Board Development – 2002 – 2004
• Foreclosure Task Force – Joint effort of Bar Association, Realtors, Chamber and Government – 2008- present.
• Leadership Collier Foundation – Class of 1992; Board member 2005 – 2013; Chair– 2006-2008; Alumni Committee - 1995; Steering Committee – 1993; Alumni Strategic Planning Committee – 2002 – present; Leadership Collier Advisory Committee 2006-2007.
• Leadership Institute (A program of Leadership Collier Foundation) - Delegation of 2001; Program Chair – 2003 - 2015.
• Youth Haven - Board of Trustees - 1998-2012; worked on legal issues of care and other matters; Vice President/President Elect – 2003 – 2004, President 2006-2008
• Searching for Solutions Institute – Board member 2008-2009.
• YMCA of Marco Island - Board - 1990-1999 - President 1992
• Hospice of Naples - Capital Campaign Committee – 2002 - 2007
• University of Miami - Southwest Florida Hurricane Club; Board Member; President - 1996- 2004
• American Cancer Society - Marco Island Chapter - Board Member - 1991-1996
• Collier County Citizen's Advisory Committee on Growth Management Plan 1989
• Collier County Productivity Committee - 1990-1993
• Collier Citizens Council – Member Board of Directors 2012 – 2013
• Collier County Environmental Advisory Committee
• Collier County Environmental Advisory Board
• Collier County Development Services Advisory Committee
• Collier County Ad Hoc Homeless Committee
• Collier County Ad Hoc Manatee Committee
• Marco Island Vision Planning Advisory Committee – 1990-1992
• Immokalee Friendship House Board
12.B.2
Packet Pg. 485 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Patrick H. Neale – Resume’
Page 4 of 4
• NACPAC (Naples Area Chamber Political Action Committee) Board of Trustees
12.B.2
Packet Pg. 486 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Florida Supren1e Court Approved
Arbitrator Training It is certified that Patrick H. Nealehas successfully completed the Florida Supreme Court Qualified Arbitrator Training, in a program approved by the Florida Supreme Court pursuant to Rule 11.020 of the Florida Rules for Court-Appointed Arbitrators on August 10,2018 in Orlando, Florida. Reference# 1709031N
Arbitration Training
CLE Credits
General 4.5
Ethics .512.B.2Packet Pg. 487Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Solicitation 22-7987
SPECIAL MAGISTRATE SERVICE FOR COLLIER COUNTY
CODE ENFORCEMENT DIVISION
Tab 6: Local Vendor Preference
- Business Tax Receipt
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
12.B.2
Packet Pg. 488 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
12.B.2
Packet Pg. 489 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Solicitation 22-7987
SPECIAL MAGISTRATE SERVICE FOR COLLIER COUNTY
CODE ENFORCEMENT DIVISION
Addenda
Forms 1-4, 6
General Liability Insurance Declaration Page
Workers Compensation Insurance Exemption Certificate
Professional Liability Insurance
Vendor’s Insurance Statement – qty 3
Entity Detail Page – Patrick H. Neale PLLC
Fictitious Name Page – Patrick Neale & Associates
E-Verify MOU – signed
Form W-9
Fixed Fee Professional Service Agreement
Vendor Checklist
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
12.B.2
Packet Pg. 490 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
12.B.2
Packet Pg. 491 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
12.B.2
Packet Pg. 492 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
12.B.2
Packet Pg. 493 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
12.B.2
Packet Pg. 494 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
12.B.2
Packet Pg. 495 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
FORM 6 - Not Required
12.B.2
Packet Pg. 496 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
INSURED COPY
Main Street America Insurance
55 West Street Return Mail Address
Keene, NH 03431
---
AGENT NUMBER: 090337RSC INSURANCE BROKERAGE INC
928 N COLLIER BLVD FL 2
MARCO ISLAND FL 34145
General Liability Policy
12.B.2
Packet Pg. 497 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
BPM D 1 1207
Policy Number: BPT4082T
BUSINESSOWNERS COMMON DECLARATIONS
MAIN STREET AMERICA PROTECTION INSURANCE COMPANY
4601 TOUCHTON ROAD EAST, SUITE 3400, JACKSONVILLE, FL 32246-6000
Item 1.Named Insured and Mailing Address Agent Name and Address
RSC INSURANCE BROKERAGE INC
928 N COLLIER BLVD FL 2
MARCO ISLAND, FL 34145
PATRICK H NEALE PLLC
(SEE NAMED INSURED ENDORSEMENT)
5470 BRYSON CT STE 103
NAPLES, FL 34109-6000
Agent Phone No. (239)-963-2344
Agent No. 090337
Item 2.Policy Period From:01-01-2022 To:01-01-2023
at 12:01 A.M., Standard Time at your mailing address shown above.
Item 3.Form of Business: INDIVIDUAL
Item 4.In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to
provide the insurance as stated in this policy.
This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown,
there is no coverage. This premium may be subject to adjustment.
COVERAGE PREMIUM
Section I – Property INCLUDED
Section II – Liability INCLUDED
Inland Marine NOT APPLICABLE
CYBER $43.00
TOTAL PREMIUM $657.00
STATE FEES, TAXES $4.00
(REFER TO TAX-FORM FOR DETAILS)
Total Policy Premium: $661.00
For Coverages subject to premium audit: Annual Audit Applies
Item 5.Form(s) and Endorsement(s) made a part of this policy at time of issue:
See Schedule of Forms and Endorsements
Countersigned:
Date: By:
Authorized Representative
THIS BUSINESSOWNERS COMMON DECLARATIONS AND SUPPLEMENTAL DECLARATION(S), TOGETHER
WITH SECTION III – COMMON POLICY CONDITIONS, COVERAGE PARTS, COVERAGE FORMS AND
ENDORSEMENTS, IF ANY, COMPLETE THE ABOVE NUMBERED POLICY.
INSURED COPY
12.B.2
Packet Pg. 498 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
INSURED COPY
TAX-FORM 1207
Policy Number:
SCHEDULE OF TAXES, SURCHARGES OR FEES
Named Insured Effective Date:
Agent Name
Agent No.
BPT4082T
01-01-2022
090337
PATRICK H NEALE PLLC
MAIN STREET AMERICA PROTECTION INSURANCE COMPANY
RSC INSURANCE BROKERAGE INC
BPM D 1 (CONT.)
DETAILED BREAKDOWN OF TAXES, SURCHARGES OR FEES :
EMERGENCY MANAGEMENT PREPAREDNESS & ASSISTANCE $ 4.00
----------
TOTAL $ 4.00
12.B.2
Packet Pg. 499 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
INSURED COPY
Policy Number:
Named Insured: Effective Date:
Agent Name: Agent No.
BPM D PROPFL 1215
SECTION I --- PROPERTY --- DECLARATIONS
PREMISES NO. BUILDING NO.
Occupancy:
Address:
COVERAGE LIMIT VALUATION INFLATION GUARD %
DEDUCTIBLES:
HURRICANE
PERCENTAGE
SINKHOLE
COVERAGE
Business Income/Extra Expense:
Business Income "Period of Restoration":
Equipment Breakdown Enhancement:
Sinkhole Coverage
BPT4082T
01-01-2022
MAIN STREET AMERICA PROTECTION INSURANCE COMPANY
090337
PATRICK H NEALE PLLC
RSC INSURANCE BROKERAGE INC
1 1
LAWYERS
5470 BRYSON CT UNIT #103, NAPLES, FL, 34109
CONTENTS $ 15,000 REPLACEMENT COST 0%
CONTENTS
$ 500
INCLUDED
72 HOURS
INCLUDED
WIND/HAIL DEDUCTIBLE %
5%
PAGE 1
$ 500
INCLUDED
ACTUAL LOSS FOR 6 CONSECUTIVE MONTHS
12.B.2
Packet Pg. 500 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
INSURED COPY
Policy Number:
Named Insured: Effective Date:
Agent Name: Agent No.
BPM D PROP 1207
OPTIONAL COVERAGES
BPT4082T
01-01-2022
MAIN STREET AMERICA PROTECTION INSURANCE COMPANY
090337
PATRICK H NEALE PLLC
RSC INSURANCE BROKERAGE INC
STATE: FL LOC/BLDG: 1/1
PAGE 1
ELECTRONIC DATA AND COMPUTERS (ON PREMISES)
SEE FORM # BPM P 1FL
LIMIT: $15,000
WIND OR HAIL DEDUCTIBLE PERCENTAGES
SEE FORM # BPM 1114
12.B.2
Packet Pg. 501 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
INSURED COPY
Policy Number:
Named Insured: Effective Date:
Agent Name: Agent No.
BPM D PROP 1207
OPTIONAL COVERAGES
BPT4082T
01-01-2022
MAIN STREET AMERICA PROTECTION INSURANCE COMPANY
090337
PATRICK H NEALE PLLC
RSC INSURANCE BROKERAGE INC
LOSS PAYABLE PROVISIONS
PAGE 2
SEE FORM # BP 12 03
SEE BPM S LP - LOSS PAYABLE SCHEDULE
12.B.2
Packet Pg. 502 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
INSURED COPY
Policy Number:
Named Insured: Effective Date:
Agent Name: Agent No.
BPM D LIAB 1207 Page 1
SECTION II --- LIABILITY --- DECLARATIONS
COVERAGES LIMITS
Liability & Medical Expenses ---- Each Occurrence
Personal & Advertising Injury Limit
Damage To Premises Rented To You
Aggregate Limit- Products-Completed Operations
Aggregate Limit- Except Products-Completed Operations
Medical Expense Limit - Per Person
LIABILITY --- SCHEDULE
BPT4082T
01-01-2022
MAIN STREET AMERICA PROTECTION INSURANCE COMPANY
090337
PATRICK H NEALE PLLC
RSC INSURANCE BROKERAGE INC
$ 1,000,000
$ 1,000,000
$ 500,000
$ 2,000,000
$ 2,000,000
$ 10,000
STATE:FL TERRITORY:151 PREMISES NO: 1/1
CLASS CODE:66122 DEDUCTIBLE - PROPERTY DAMAGE LIABILITY:NONE
CLASSIFICATION:LAWYERS
PREMIUM BASIS EXPOSURE RATE ADVANCE PREMIUM
INCLUDED INCLUDED INCLUDED
12.B.2
Packet Pg. 503 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
INSURED COPY
Policy Number:
Named Insured: Effective Date:
Agent Name: Agent No.
BPM D LIAB 1207
LIABILITY --- OPTIONAL COVERAGES
BPT4082T
01-01-2022
MAIN STREET AMERICA PROTECTION INSURANCE COMPANY
090337
PATRICK H NEALE PLLC
RSC INSURANCE BROKERAGE INC
EMPLOYMENT PRACTICES LIABILITY INSURANCE COVERAGE
PAGE 1
ENDORSEMENT-SUPPLEMENTAL DECLARATIONS
SEE FORM # BPM D 3107CW
HIRED AUTO AND NON-OWNED AUTO LIABILITY
SEE FORM # BP 04 04
LIMIT: HIRED AUTO INCLUDED
LIMIT: NON-OWNED AUTO INCLUDED
12.B.2
Packet Pg. 504 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Policy Number: BPT4082T
SCHEDULE OF NAMED INSURED(S)
MAIN STREET AMERICA PROTECTION INSURANCE COMPANY
Named Insured PATRICK H NEALE PLLC Effective Date 01/01/2022
Agent Name RSC INSURANCE BROKERAGE I Agent No.090337
NI-SCHED 1207
THE NAMED INSURED IS AMENDED TO READ:
PATRICK H NEALE PLLC
DBA - PATRICK NEALE & ASSOCIATES
INSURED COPY
12.B.2
Packet Pg. 505 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
Collier County Board of County Commissioners
3299 Tamiami Trail East Suite 303
Naples, FL 34112
Workers Comp Policy 12.B.2
Packet Pg. 506 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
0
NorGUARD Insurance Company 31470
02/11/2022
A PAWC218817 07/11/2021 07/11/2022
Collier County Board of County Commissioners
3299 Tamiami Trail East Suite 303
Naples, FL 34112
X
100,000
100,000
500,000
Y
0
0
0
0
0
Patrick H Neale PLLC
PO Box 9440
Naples, FL 34101
PAYCHEX INSURANCE AGENCY
150 Sawgrass Drive
Rochester, NY 14620
Employees: Full Time: 2; Part Time: 0 Governing Class Description: LAW OFFICE-ALL EMPLOYEES & CLERICAL
Patrick Neale, Member;
Exclusions:
12.B.2
Packet Pg. 507 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
CorePointe Insurance Company
800 Superior Ave, E.
21st Floor
Cleveland, OH 44114
THIS IS A CLAIMS-MADE AND
REPORTED POLICY.
PLEASE READ THE POLICY
CAREFULLY.
LAWYERS PROFESSIONAL LIABILITY POLICY
DECLARATIONS
Policy Number: CIC1001639-01
1.Named Insured and Address
Patrick H. Neale, PLLC d/b/a Patrick Neale & Associates
5470 Bryson Court
Suite 103
Naples, FL 34109
3.Producer Name
Florida Attorneys Liability Insurance Agency,
Inc.
1415 Panther Lane
Suite 321
4.Limit of Liability (Includes Claim Expenses)
$1,000,000 Each Claim
$2,000,000 Aggregate
5.Deductible
$5,000 Per Claim
6.Premium
$3,911 Number of Attorneys: 1
2.Policy Period
Effective Date: 1/1/2022
Expiration Date: 1/1/2023
12:01 A.M. Standard Time at the address
of the Named Insured as stated herein
2022 FIGA Assesment Surcharge: (0.7%) $27.38
7.Forms Attached at Issue
See Schedule of Forms Attached
Date Issued 1/1/2022
LPL-DEC (05/15)
Professional Liability Policy 12.B.2
Packet Pg. 508 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
12.B.2
Packet Pg. 509 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
12.B.2
Packet Pg. 510 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
12.B.2
Packet Pg. 511 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
2/11/22, 10:46 AM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=PATRICK…1/2
Document Number
FEI/EIN Number
Date Filed
State
Status
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Limited Liability Company
PATRICK H. NEALE, PLLC
Filing Information
L09000109315
27-1545958
11/13/2009
FL
ACTIVE
Principal Address
5470 BRYSON COURT
SUITE 103
NAPLES, FL 34109
Changed: 10/26/2011
Mailing Address
PO BOX 9440
NAPLES, FL 34101
Changed: 01/13/2012
Registered Agent Name & Address
NEALE, PATRICK H
5470 BRYSON COURT
SUITE 103
NAPLES, FL 34109
Address Changed: 01/13/2012
Authorized Person(s) Detail
Name & Address
Title MGRM
NEALE, PATRICK H
5470 BRYSON COURT
NAPLES, FL 34109
Annual Reports
D C Florida Department of State
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2021 04/08/2021
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Florida Department of State, Division of Corporations
12.B.2
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Fictitious Name Detail
Fictitious Name
PATRICK NEALE & ASSOCIATES Filing Information
Registration Number G10000027428
Status ACTIVE
Filed Date 03/25/2010
Expiration Date 12/31/2025
Current Owners 1
County COLLIER
Total Pages 4
Events Filed 3
FEI/EIN Number 27-1545958
Mailing Address
5470 BRYSON COURT SUITE #103 NAPLES, FL 34109
Owner Information
PATRICK H NEALE PLLC 5470 BRYSON COURT, SUITE #103 NAPLES, FL 34109 FEI/EIN Number: 27-1545958 Document Number: L09000109315
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10/28/2011 -- CHANGE NAME/ADDRESS View image in PDF format
D C Florida Department of State
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Packet Pg. 514 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
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Packet Pg. 515 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
My Company Account
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An official website of the United States government
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Patrick Neale & Associates
Doing Business As (DBA)
Patrick Neale & Associates
Company ID
1272759
Enrollment Date
02/16/2018
Employer ID Number
271545958
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Packet Pg. 516 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
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5470 Bryson Ct
103
Naples, FL 34109
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PO Box 9440
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future hiring sites.
12.B.2
Packet Pg. 517 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
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Verify Its Own Employees
Memorandum of Understanding
View Current MOU
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THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States
after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of
Understanding (MOU) explains certain features of the E-Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility
Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1.The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a.Notice of E-Verify Participation
b.Notice of Right to Work
2.The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives’ contact information changes.
3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access.
Employers must promptly terminate an employee’s E-Verify access if the employer is separated from
the company or no longer needs access to E-Verify.
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The parties to this agreement are the Department of Homeland Security (DHS) and Patrick Neale &
Associates (Employer). The purpose of this agreement is to set forth terms and conditions which the
Employer will follow while participating in E-Verify.
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4. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E-Verify cases will
complete the E-Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E-Verify.
6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form I-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E-Verify at
888-464-4218.
b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766
(Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to complete the Form I-9.
7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print
the screen containing the case verification number and attach it to the employee's Form I-9.
8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures.
a. The following modified requirements are the only exceptions to an Employer’s obligation to not
employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E-Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of continued employment following a final
nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
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employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E-Verify.
b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E-Verify.
9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was
completed. The Employer agrees to create an E-Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been
completed), and to complete as many steps of the E-Verify process as are necessary according to the
E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to make
inquiries during the period of unavailability.
10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User
Manual does not authorize.
11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee’s E-Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees to contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their case is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article III.B. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee’s perceived employment eligibility status
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(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee’s employment.
Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E-Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
“foreign” or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration-related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when
sending a breach report to E-Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
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reasonable notice, to review Forms I-9 and other employment records and to interview it and its
employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation in E-Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally-approved, federally-certified, or federally-recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21. The Employer agrees that E-Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer’s services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
22. The Employer understands that if it uses E-Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E-Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify
Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in
FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer
may not create a second case for the employee through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E-Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
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b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E-Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify
case for an employee assigned to a contract as long as:
i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee’s work authorization has not expired, and
iii. The Employer has reviewed the Form I-9 information either in person or in
communications with the employee to ensure that the employee’s Section 1, Form I-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the
previous Form I-9 to provide the necessary information if:
i. The Employer cannot determine that Form I-9 complies with Article II.A.6,
ii. The employee’s basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form I-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with
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Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after
completing Form I-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer’s compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA’s
database.
2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E-Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E-Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E-Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
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b. Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E-Verify.
4. DHS agrees to train Employers on all important changes made to E-Verify through the use of
mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to
E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of
Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6. DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and
password that permits them to log in to E-Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E-Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for
employees who contest DHS tentative nonconfirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee’s E-Verify
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case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E-Verify. The Employer must record the case verification number, review the employee
information submitted to E-Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee’s E-Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
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employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee’s documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
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B. TERMINATION
1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E-Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E-Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer’s business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this
MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E-Verify.
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E-Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
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Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the
signature page. If you have any questions, contact E-Verify at 1-888-464-4218.
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Company ID Number:
Approved by:
Employer
Name (Please Type or Print) Title
Signature Date
Department of Homeland Security – Verification Division
Name (Please Type or Print) Title
Signature Date
Patrick Neale & Associates
Electronically Signed
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02/16/2018
Patrick H Neale
Electronically Signed
USCIS Verification Division
02/16/2018
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Company ID Number:
Information Required for the E-Verify Program
Information relating to your Company:
Company Name
Company Facility Address
Company Alternate Address
County or Parish
Employer Identification Number
North American Industry
Classification Systems Code
Parent Company
Number of Employees
Number of Sites Verified for
1 site(s)
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Patrick Neale & Associates
271545958
1 to 4
COLLIER
PO Box 9440
Naples, FL 34101
5470 Bryson Ct
103
Naples, FL 34109
541
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Company ID Number:
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
FL 1
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Company ID Number:
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
2396421487
2396421487
Email
Email
Fax
Fax
Patrick H Neale
Karen Klukiewicz
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karen@patrickneale.com
pneale@patrickneale.com
2396421485
2396421485Phone Number
Phone Number
Name
Name
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Company ID Number:
This list represents the first 20 Program Administrators listed for this company.
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Fixed Price Professional Service Agreement 2022_Ver.1
FIXED FEE PROFESSIONAL SERVICE AGREEMENT
# _________________
for
______________________________________________________
THIS AGREEMENT, made and entered into on this ____day of___________, 20___,
by and between _______________________________________________________,
authorized to do business in the State of Florida, whose business address is
______________________________________________________,(the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
W I T N E S S E T H:
1. The Agreement shall be for a _________ ( ____ ) year period, commencing
upon the date of Board approval; or on _____________,and terminating on
_______ ( ) 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 _______ ( ) additional _______ ( ) 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 Notice to Proceed Work Order.
3.STATEMENT OF WORK. The Contractor shall provide services in accordance
with the terms and conditions of Request for Proposal (RFP) Invitation to
Bid (ITB) Other__________________________________________ (______)
# __________, 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.
Solicitation 22-7964Collier County
1/13/2022 10:20 AM p. 32
22-7987
15 February 22
Patrick H. Neale dba Patrick Neale & Associates
5470 Bryson Ct #103 Naples, FL 34109
three 3
three 3
two 2 one 1
Special Magistrate Services for Collier County Code Enforcement Division
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Fixed Price Professional Service Agreement 2022_Ver.1
3.1 This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing
by the Parties, in compliance with the County’s Procurement Ordinance, as
amended, and Procurement Procedures in effect at the time such services are
authorized.
3.2 The execution of this Agreement shall not be a commitment to the
Contractor to order any minimum or maximum amount. The County shall order
items/services as required but makes no guarantee as to the quantity, number,
type or distribution of items/services that will be ordered or required by this
Agreement.
4. THE AGREEMENT SUM. The County shall pay the Contractor for the
performance of this Agreement based on Exhibit B- Fee Schedule, attached
hereto and the price methodology as defined in Section 4.1. Payment will be made
upon receipt of a proper invoice and upon approval by the County’s Contract
Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla.
Stats., otherwise known as the “Local Government Prompt Payment Act”.
4.1 Price Methodology (as selected below):
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks
are transferred from the County to the contractor; and, as a business practice there
are no hourly or material invoices presented, rather, the contractor must perform
to the satisfaction of the County’s project manager before payment for the fixed
price contract is authorized.
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.
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).
4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
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Fixed Price Professional Service Agreement 2022_Ver.1
4.3 Payments will be made for services furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within
six (6) months after completion of the Agreement. Any untimely submission of
invoices beyond the specified deadline period is subject to non-payment under the
legal doctrine of “laches” as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this Agreement.
4.4 The County, or any duly authorized agents or representatives of the County,
shall have the right to conduct an audit of Contractor’s books and records to verify
the accuracy of the Contractor’s claim with respect to Contractor’s costs
associated with any Payment Application, Change Order, or Work Directive
Change.
4.5 Travel and Reimbursable Expenses: Travel and Reimbursable
Expenses must be approved in advance in writing by the County. Travel expenses
shall be reimbursed as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage $0.44.5 per mile
Breakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard-size vehicles
Lodging Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
night
Parking Actual cost of parking
Taxi or Airport Limousine Actual cost of either taxi or airport limousine
Reimbursable items other than travel expenses shall be limited to the following:
telephone long-distance charges, fax charges, photocopying charges and
postage. Reimbursable items will be paid only after Contractor has provided all
receipts. Contractor shall be responsible for all other costs and expenses
associated with activities and solicitations undertaken pursuant to this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the
State of Florida, is exempt from the payment of Florida sales tax to its vendors
under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C.
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Fixed Price Professional Service Agreement 2022_Ver.1
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: ________________________________________
________________________________________
Authorized Agent: ________________________________________
Attention Name & Title: ________________________________________
Telephone: ________________________________________
E-Mail(s): ________________________________________
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 Name: ________________________________________
Division Director: ________________________________________
Address: ________________________________________
________________________________________
Administrative Agent/PM: ________________________________________
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.
Solicitation 22-7964Collier County
1/13/2022 10:20 AM p. 35
Patrick Neale & Associates
5470 Bryson Ct #103
Naples, FL 34109
Patrick H. Neale
Manager/Owner
239-642-1485
info@patrickneale.com
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Fixed Price Professional Service Agreement 2022_Ver.1
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
$_____________ Per Occurrence, $_____________ aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of
$_____________ Per Occurrence, Combined Single Limit for Bodily Injury Liability
and Property Damage Liability. This shall include: Owned Vehicles, Hired and
Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$_____________ for each accident.
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1/13/2022 10:20 AM p. 36
500,000
1,000,000
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Fixed Price Professional Service Agreement 2022_Ver.1
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 $____________ each claim and aggregate.
E. Cyber Liability: Coverage shall have minimum limits of $_____________
per occurrence.
F. Technology Errors and Omissions: Coverage shall have minimum limits
of $_____________ per occurrence.
G. Watercraft: Coverage shall have minimum limits of $_____________ per
occurrence.
H. United States Longshoreman’s and Harborworker’s Act Coverage shall
be maintained where applicable to the completion of the work $_____________
per occurrence.
I. Maritime Coverage (Jones Act): Coverage shall have minimum limits of
$_____________ per occurrence.
J. (other): Coverage shall have
minimum limits of $_____________ per occurrence.
K. (other): Coverage shall have
minimum limits of $_____________ per occurrence.
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.
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1,000,000
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Fixed Price Professional Service Agreement 2022_Ver.1
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 __________________________________________.
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, RFP/ ITB/
Other_____________________________________( ______ ) #____________,
including Exhibits, Attachments and Addenda/Addendum, subsequent quotes,
and Other Exhibit/Attachment: _____________________________________.
17.APPLICABILITY. Sections corresponding to any checked box ( ) will expressly
apply to the terms of this Agreement.
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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, if applicable, 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:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest@colliercountyfl.gov
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
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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
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
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shall be attended by representatives of Contractor with full decision-making authority
and by County’s staff person who would make the presentation of any settlement
reached at mediation to County’s board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
25. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
26. KEY PERSONNEL. The Contractor’s personnel and management to be utilized for
this project shall be knowledgeable in their areas of expertise. The County reserves
the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The
Contractor shall assign as many people as necessary to complete the services on a
timely basis, and each person assigned shall be available for an amount of time
adequate to meet the required service dates. The Contractor shall not change Key
Personnel unless the following conditions are met: (1) Proposed replacements have
substantially the same or better qualifications and/or experience. (2) that the County
is notified in writing as far in advance as possible. The Contractor shall make
commercially reasonable efforts to notify Collier County within seven (7) days of the
change. The County retains final approval of proposed replacement personnel.
AGREEMENT STAFFING. The Contractor’s personnel and management to be
utilized for this Agreement shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
ensure that competent persons will be utilized in the performance of the Agreement.
The Contractor shall assign as many people as necessary to complete required
services on a timely basis, and each person assigned shall be available for an amount
of time adequate to meet required services.
27. ORDER OF PRECEDENCE. In the event of any conflict between or among the
terms of any of the Contract Documents, the terms of solicitation the Contractor’s
Proposal, and/or the County’s Board approved Executive Summary, the Contract
Documents shall take precedence.
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
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
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Fixed Price Professional Service Agreement 2022_Ver.1
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)
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Exhibit A
Scope of Services
following this page (containing _______ page/s)
this exhibit is not applicable
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Provided in Tab 4 Section
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Exhibit B
Fee Schedule
following this page (pages ____ through ____ )
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107 107
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Packet Pg. 550 Attachment: Neale Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
RFP 22-7987 Exhibit B – Fee Schedule Cost of Services for Provision of Special Magistrate for Code Enforcement for Collier County, Florida Submitted by Patrick Neale & Associates
The Firm shall charge an hourly rate of one hundred ninety-five dollars ($195.00) per hour for the services of its principal, Patrick H. Neale as Special Magistrate. There will be no additional charges for the services of legal assistants or clerical staff. This rate shall remain in effect for the initial term of the contract. The Firm will invoice the County monthly if services have been performed during that month. The Firm will accept either check payment or electronic transfer, whichever is preferred by the County.
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Other Exhibit/Attachment
Description: ____________________________________________________________
following this page (pages ____ through ___ )
this exhibit is not applicable
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Solicitation 22-7987
SPECIAL MAGISTRATE SERVICE FOR COLLIER COUNTY
CODE ENFORCEMENT DIVISION
END OF RESPONSE DOCUMENT
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
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M | R | N
MRN LAW, P.A.
6700 NORTH ANDREWS AVE, SUITE 103
FORT LAUDERDALE, FL 33308
WWW.MRNLAWPA.COM
TEL. 954.784.7001
March 31, 2022
Collier County Procurement Services Division
3295 Tamiami Trail East, Bldg C-2
Naples, FL 34112
Via email: sandra.herrera@colliercountyfl.gov
RE: Solicitation no. 22-7987: Special Magistrate Svcs For Collier Co. Code Enforcement Div.
To whom it may concern,
Thank you for the opportunity to submit a proposal for solicitation number 22-7987. I have been a
licensed attorney in Florida since 2002 (FLB: 562831). Before going to law school, I earned a Bachelors
degree in Architecture Design (1997) and a Masters in Building Construction (1998), both from the
University of Florida. After completing my Masters degree, I worked with a commercial general
contractor as a project engineer (aka assistant project manager). It should come as no surprise that my
passion is the built environment and that my career goal was to become the best construction attorney I
could possibly be. After I graduated from the University of Florida Law School in 2001, I started a
construction and real estate law firm with my now ex-husband. That law firm was dissolved a few years
later, and in 2014, MRN Law, PA. was born.
I started presiding over code enforcement hearings when I was appointed to the Fort Lauderdale Code
Enforcement Board in 2004. I took a short hiatus from Code Enforcement between 2009 and 2014. I now
serve as a Code Enforcement Special Magistrate for the following jurisdictions:
1) City of Marco Island, FL - December 2014- to present
2) City of Greenacres, FL- October 2016- present
3) Town of Fort Myers Beach, FL- October 2020- present
4) City of Lake Worth Beach, Fl- March 2021- present
5) Town of South Palm Beach, FL-February 2021- present
I became a Circuit Civil Mediator in February 2010 and completed the Florida Supreme Court
Approved Court-Appointed Arbitrator training in June 2020. I am fully bilingual (English and Spanish). I
also have significant experience relating to construction law, government law, insurance law, real estate
law (including priority of liens, title and foreclosure), administrative law, land use law and local
government regulations and procedures.
MRN Law, PA. currently holds certificates of insurance as follows:
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Packet Pg. 560 Attachment: Roche Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
1) Worker’s Comp & Employer’s liability (Employers Preferred Ins Co $1,000,000/$1,000,000)
2) Indemnification (Blackboard Insurance Company $1,000,000/$1,000,000)
3) Professional Liability (Florida Lawyers Mutual $1,000,000/$1,000,000)
Thank you for your time and consideration reviewing this proposal. I am confident that I am a great
fit for this position and look forward to discussing my qualifications and experience further should you
have any questions. Thank you.
Sincerely,
Myrnabelle Roche
Myrnabelle Roche, Esq.
mroche@mrnlawpa.com
Direct: 954-229-1007
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Packet Pg. 561 Attachment: Roche Response to Special Magistrate RFP (21851 : Recommendation that the Board evaluate four submittals received for Special
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROPOSAL (RFP)
FOR
SPECIAL MAGISTRATE SERVICES FOR COLLIER COUNTY
CODE ENFORCEMENT DIVISION
SOLICITATION NO.: 22-7987
SANDRA HERRERA, PROCUREMENT DIRECTOR
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-8407
Sandra.Herrera@colliercountyfl.gov (Email)
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2
SOLICITATION PUBLIC NOTICE
REQUEST FOR PROPOSAL NUMBER: 22-7987
PROJECT TITLE: SPECIAL MAGISTRATE SERVICE FOR COLLIER COUNTY CODE
ENFORCEMENT DIVISION
DUE DATE: April 1, 2022, at 3:00 pm (EST)
PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FL 34112
All proposals shall be submitted via email to sandra.herrera@colliercountyfl.gov no later than April 1, 2022, at 3:00 p.m.
(EST)
INTRODUCTION
As requested by the Board of County Commissioners, the Procurement Services Division has issued this Request for Proposal
(hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified proposers in accordance with the terms and
conditions as stated herein. Historically, County departments have spent approximately $32,500; however, this may not be indicative
of future patterns.
TERM OF CONTRACT
The contract term is intended to be for a two (2) year term. Any Special Magistrate may be reappointed at the discretion of the
Commission. There shall be no limit on the number of reappointments that may be given to any Special Magistrate; provided a
determination for removal or reappointment is made for each individual Special Magistrate prior to the end of each two-year term.
DETAILED SCOPE OF WORK
The Special Magistrate is authorized by the Board of County Commissioners (“Commission”) to hear and decide cases, to impose
administrative fines and other noncriminal penalties and shall provide a Code Enforcement Citation process for enforcement of
County codes and ordinances in County Court, all of which is intended to provide an equitable, expeditious, effective, and inexpensive
method of enforcing any codes and ordinances in force in Collier County. The Special Magistrate may adopt such rules and
regulations as deemed necessary to carry out their duties consistent with the provisions of Chapter 162, Florida Statutes and Collier
County Ordinance 2010-04, as amended.
The County will provide the Special Magistrate a secretary, independent of the Code Enforcement Division administrative staff
personnel, to attend to Special Magistrate tasks and responsibilities as designated. The County will provide use of the Board of
County Commissioners Boardroom to conduct hearings.
Section A. Qualifications/Requirements.
1. The selected proposer must have knowledge of and compliance with all relative local, state, and federal codes and
regulations. In addition, ability to provide affidavits of no conflict of interest or to provide services separate from private sector clients
shall be required.
2. The Commission shall appoint as many Special Magistrates as deemed necessary.
3. The Special Magistrate(s) must:
a.) Provide evidence of graduation from an American Bar Association accredited law school.
b.) Demonstrate knowledge of administrative law, land use law and local government regulations and procedures.
c.) Be In good standing with the Florida Bar, and either be a certified mediator under the rules of the Florida
Supreme Court, an arbitrator qualified by a recognized Arbitration Association, or a former judge; and
d.) Meet other such qualifications that may be established by resolution of the Commission.
4. It shall be understood and agreed that all services provided by the Special Magistrate shall comply fully with all
Local, State and Federal laws and regulations.
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3
Section B. Term.
1. The Special Magistrate appointment will be for a two (2) year term. Any Special Magistrate may be reappointed at
the discretion of the Commission. There shall be no limit on the number of reappointments that may be given to any Special
Magistrate; provided a determination for removal or reappointment is made for each individual Special Magistrate at the end of each
two-year term. There is no limit on the number of re-reappointments that may be given to any Special Magistrate. The Commission
has authority to remove a Special Magistrate with or without cause upon ten (10) days written notice.
2. If any Special Magistrate resigns or is removed prior to expiration of his or her term, the Commission will make a
recommendation to fill the vacancy from any available candidates that were previously interviewed within thirty (30) days.
Section C. Jurisdiction and Authority.
3. The Special Magistrate will have the jurisdiction and authority consistent with the provisions of Chapter 162,
Florida Statutes and Collier County Ordinance 2010-04, as amended, to perform the following responsibilities:
a) Adopt rules and regulations for the conduct of hearings.
b) Subpoena alleged violators and witnesses to appear at its hearings, which subpoenas may be served by the
Collier County Sheriff or a duly authorized person.
c) Subpoena evidence including, but not limited to, records, surveys, plats, and other documentary evidence,
which subpoena may be served by the Collier County Sheriff or a duly authorized person.
d) Take testimony under oath.
e) Hold hearings on violations of local codes and ordinances and contested citations issued by but not limited
to, the Collier County Sheriff’s Office, the Collier County Code Enforcement Department, Parks and
Recreation Department, Public Utilities and Domestic Animal Services.
f) Issue orders having the force of law to command whatever steps are necessary to bring a violation into
compliance.
g) Assess administrative fines, costs, and to impose liens and order the payment of such fines as provided for
herein:
h) Authorize the County Attorney, or designee, to foreclose on a lien or sue to recover a money judgment for
unpaid fines and costs imposed by the Order of the Special Magistrate.
REQUEST FOR PROPOSAL PROCESS
As stated more fully below, the proposers will submit a statement of qualifications establishing their ability and fitness to perform
the requirements of the position of Special Magistrate. The Board of County Commissioners reserves the right to issue an invitation
for oral presentations to obtain additional information from the proposers before the final selection. A contract will be developed
with the selected proposer, and submitted for approval by the Board of County Commissioners.
EVALUATION CRITERIA
STATEMENT OF QUALIFICATIONS
For this criterion, the proposers shall provide the following information with supporting documentation:
• Provide a statement of qualifications to provide the required services, including a description of the proposer’s
business history, experience, and expertise.
• Provide evidence of graduation from an American Bar Association accredited law school.
• Provide evidence of knowledge of administrative law, land use law and local government regulations and
procedures.
• Provide evidence of good standing with the Florida Bar, and who is either a certified mediator under the rules of
the Florida Supreme Court, an arbitrator qualified by a recognized Arbitration Association, or a former judge.
• Meet other such qualifications that may be established by resolution of the Commission.
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INSURANCE REQUIREMENTS
Selected Proposer will provide the following insurance certificates, prior to the Board of County Commissioners approving a contract:
Insurance / Bond Type Required Limits
1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required. Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption. An application for exemption
can be obtained online at https://apps.fldfs.com/bocexempt/
2. Employer’s Liability
$100,000 single limit per occurrence
3. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor 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, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or
utilized by the Contractor/Vendor in the performance of this Agreement.
4. Other insurance as noted
Professional Liability $500,000 Per claim & in the aggregate
5. Other terms • Vendor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Vendor shall provide
County with certificates of insurance meeting the required insurance
provisions.
• The Certificate Holder shall be named as Collier County Board of County
Commissioners, OR, Board of County Commissioners in Collier County, OR
Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier
County.
• On all certificates, the Certificate Holder must read: Collier County Board
of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112
• Thirty (30) Days Cancellation Notice required.
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PART I - CODE
Chapter 2 - ADMINISTRATION
ARTICLE IX. - CONSOLIDATED CODE ENFORCEMENT REGULATIONS
DIVISION 3. SPECIAL MAGISTRATE
Collier County, Florida, Code of Ordinances Created: 2022-03-03 09:23:58 [EST]
DIVISION 3. SPECIAL MAGISTRATE
Sec. 2-2021. Jurisdiction of Special Magistrates.
Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement Board, and
may also hold hearings on contested citations under the procedures set forth in Article V herein, issued by but not
limited to, the Collier County Sheriffs office, the Collier County Code Enforcement Department, Domestic Animal
Services, and the Utility Billing and Customer Services Departments for violation of local codes and ordinances. In
addition, the Special Magistrate shall have jurisdiction to hear appeals of dangerous dog determinations pursuant
to F.S. ch. 767 and to hear and decide matters involving vendor payment disputes pursuant to F.S. § 218.70 and
Ord. No. 2013-69, as amended, together with such matters as may be authorized by the Board of County
Commissioners pursuant to Florida Statutes or as may be established by county ordinance, either for final decision
or for recommendation to the Board.
(Ord. No. 2010-04, § 1; Ord. No. 2018-22, § 1)
Sec. 2-2022. Qualification, appointment, and removal of Special Magistrates.
Appointment of a Special Magistrate shall be based on the following qualifications and terms:
(1) The Commission shall appoint as many Special Magistrates as deemed necessary.
(2) Special Magistrates shall at minimum: (a) be a graduate of a law school accredited by the American Bar
Association; (b) demonstrate knowledge of administrative law, land use law and local government
regulations and procedures; (c) be a member in good standing with the Florida Bar; and (d) be either a
certified mediator under the rules of the Florida Supreme Court, an arbitrator qualified by a recognized
Arbitration Association, or a former judge; and (e) meet other such qualifications that may be
established by resolution of the Commission.
(3) Special Magistrate appointment shall be for a two-year term. Upon recommendation of the Special
Magistrate Review Board, any Special Magistrate may be reappointed at the discretion of the
Commission. There shall be no limit on the number of reappointments that may be given to any Special
Magistrate; provided a determination for removal or reappointment is made for each individual Special
Magistrate at the end of each two-year term. The Commission shall have authority to remove a Special
Magistrate with or without cause upon ten days written notice.
(4) If any Special Magistrate resigns or is removed prior to expiration of his or her term or the Review
Board determines that the Special Magistrate should not be reappointed, the Review Board shall make
a recommendation for reappointment from the candidates previously interviewed to fill the vacancy
within 30 days.
(Ord. No. 2010-04, § 1)
Sec. 2-2023. Establishment of a Special Magistrate Review Board.
The Commission shall create a Special Magistrate Review Board, comprised of two members of the Code Enforcement
Department; one member from the Office of the Collier County Attorney; and two sitting members of the Code Enforcement Board.
The duty of the Review Board shall be to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the
performance of the Special Magistrate(s) in order to recommend the removal or reappointment of said Special Magistrate(s) to the
Commission.
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EXECUTIVE SUMMARY
Recommendation that the Board vacate the January 13, 2022, RFP which solicited for Special
Magistrate services; and either (1) extend the Agreement for Special Magistrate Brenda C.
Garretson, or (2) direct staff to convene the Special Magistrate Review Board to bring back a
recommendation to the Board, or (3) direct Procurement to work with the County Attorney to
reissue a modified RFP that is consistent with the Special Magistrate Ordinance, or (4) direct any
other action the Board deems appropriate.
OBJECTIVE: That the Board decides what it wishes to do with respect to Special Magistrate Brenda C.
Garretson, whose contract with the Board expires May 15, 2022.
CONSIDERATIONS: Brenda C. Garretson has been providing Special Magistrate/Special Master
services since September 28, 2004. The agreements have been renewed and revised multiple times over
the years and are set forth as back-up to this Executive Summary. The current agreement expires May 15,
2022.
Over the years, Ms. Garretson’s Agreement has generally been extended in one of two ways. If the
Agreement had a renewal right, consistent with general practice, Procurement would administratively
renew it. If there were no renewal rights, consistent with general practice, Procurement would issue an
RFP. In both events Code Enforcement would first be consulted. The history was as follows:
6/22/04 - Adoption of Ordinance No. 04-46, the Collier County Special Master Ordinance
9/28/04 - Agreement #04-3677 first Garretson contract as Special Master for Code Enforcement
RFP issued and awarded to Rhodes Tucker & Garretson primary, Lynne Hixon-Holley P.A. as
secondary who was never used. Process overseen by the Special Magistrate Review Board)
5/11/06 - Administrative renewal of #04-3677, extension to 9/27/08
3/10/09 - Agreement #08-5090 Special Magistrate Services - (through RFP)
11/8/10 - Administrative renewal of #08-5090, extension to 5/8/12
12/19/11-Administrative renewal of #08-5090, extension to 3/9/13
5/15/13 - Agreement #13-6016 approved - Garretson Law Firm (through RFP)
6/10/14 - Assumption Agreement from Garretson Law Firm to Brenda Garretson
3/9/15 - Administrative renewal of #13-6016, extension to 5/14/17
5/9/17 - Amendment 1 to #13-6016; extension to 5/15/18
5/8/18 - Extension of #13-6016 to 5/15/20 (RFP issued, one other applicant, Patrick Neal)
3/10/20 - Extension of #13-6016 to 5/15/22
On January 13, 2022, at the request of the Code Enforcement Department, Procurement issued a Request
for Proposal (RFP) for Special Magistrate Services. The original due date was February 15, 2022, which
was extended to February 22, 2022. Procurement received one response to the RFP. I am aware of two
other highly qualified attorneys who would have been interested in responding to the RLS had they
known of it.
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I became aware of the January 13, 2022, RFP in early March. I was advised that Ms. Garretson had
expressed her desire to retire. In light of what happened the last time a similar matter came to the Board
in 2018 (see Executive Summary and transcript attached), I spoke with Ms. Garretson during a break at
the March 4, 2022, Special Magistrate Proceedings and asked her if it was true that she was going to
retire. In a brief conversation, Ms. Garretson advised me that she wished to continue as Special
Magistrate and was disappointed that staff had not followed the procedure in the Special Magistrate
Ordinance. I then reviewed the Ordinance.
From a technical standpoint, the very issuance of the January 13, 2022, RFP, and the selection terms set
forth in the January 13, 2022, RFP, are inconsistent with the Special Magistrate Ordinance, which
provides in relevant parts as follows:
Sec. 2-2022. Qualification, appointment, and removal of Special Magistrates.
Appointment of a Special Magistrate shall be based on the following qualifications and
terms:
3) Special Magistrate appointment shall be for a two-year term. Upon
recommendation of the Special Magistrate Review Board, any Special Magistrate may be
reappointed at the discretion of the Commission. There shall be no limit on the number of
reappointments that may be given to any Special Magistrate; provided a determination for
removal or reappointment is made for each individual Special Magistrate at the end of
each two-year term. The Commission shall have authority to remove a Special Magistrate
with or without cause upon ten days written notice. (Ord. No. 2010-04, § 1)
Sec. 2-2023. Establishment of a Special Magistrate Review Board.
The Commission shall create a Special Magistrate Review Board, comprised of two
members of the Code Enforcement Department; one member from the Office of the
Collier County Attorney; and two sitting members of the Code Enforcement Board. The
duty of the Review Board shall be to recommend appointment for the Special
Magistrate(s) and review, on an annual basis, the performance of the Special
Magistrate(s) in order to recommend the removal or reappointment of said Special
Magistrate(s) to the Commission. (Ord. No. 2010-04, § 1; originally Ordinance No. 2004-
46)
The above language has remained unchanged since the first Special Master Ordinance was adopted in
2004. The issuance of the January 13, 2022 RFP (and all prior RFPs save for the first, as well as the
renewal rights that were set forth in several of Ms. Garretson’s Agreements over the years) is contrary to
the Special Magistrate Ordinance, as the Ordinance contemplates that every two years the Special
Magistrate Review Board would convene to hear the matter and make a recommendation directly to the
Board of County Commissioners as to whether or not reappointment was warranted.
The selection terms of the January 13, 2022, RFP are also contrary to the Special Magistrate Ordinance,
as the process outlined in the RFP for selection of the Special Magistrate utilizes a standard Selection
Committee composed of staff members. The Special Magistrate Ordinance requires that the Special
Magistrate Review Board is the designated selection committee for selection of the Special Magistrate.
Accordingly, for the reasons set forth above, the County Attorney recommends that the Board vacate the
January 13, 2022 RFP.
The Special Magistrate Review Board has not convened in many, many years. This is not surprising in
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that Special Magistrate Garretson has held this position for 18 years, and at least in my opinion has done
an exemplary job throughout her tenure. This is reflected in that in all that time not a single decision of
hers was appealed. But father time is both relentless and without pity, and if based on recent
performance, staff is of the opinion that it is time for the Board to consider someone new, the Special
Magistrate Review Board is the designated review and selection committee for the Special Magistrate.
With all of the above noted, as the Special Magistrate is a contractual employee of the Board of County
Commissioners, the Board may take whatever action it deems appropriate.
FISCAL IMPACT: None at this time.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board vacate the January 13, 2022, RFP which solicited for Special
Magistrate services; and either (1) extend the Agreement for Special Magistrate Brenda C. Garretson, or
2) direct staff to convene the Special Magistrate Review Board to bring back a recommendation to the
Board, or (3) direct Procurement to work with the County Attorney to reissue a modified RFP that is
consistent with the Special Magistrate Ordinance, or (4) direct any other action the Board deems
appropriate.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Special Magistrate Ordinance (PDF)
2. RFP #22-7964 Special Magistrate Services for Code Enforcement (PDF)
3. Executive Summaries and Minutes - 5.8.18 BCC (PDF)
4. 04-3677 Agreement and extension - Special Master (PDF)
5. 08-5090 Agreement and extensions - Special Magistrate Services (PDF)
6. 13-6016 Agreement and extensions - Special Magistrate Services (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 12.A
Doc ID: 21669
Item Summary: Recommendation that the Board vacate the January 13, 2022, RFP which
solicited for Special Magistrate services; and either (1) extend the Agreement for Special Magistrate
Brenda C. Garretson, or (2) direct staff to convene the Special Magistrate Review Board to bring back a
recommendation to the Board, or (3) direct Procurement to work with the County Attorney to reissue a
modified RFP that is consistent with the Special Magistrate Ordinance, or (4) direct any other action the
Board deems appropriate.
Meeting Date: 03/22/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
03/11/2022 11:57 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/11/2022 11:57 AM
Approved By:
Review:
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/11/2022 12:03 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/11/2022 3:05 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/14/2022 10:11 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/15/2022 1:45 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/22/2022 9:00 AM
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