Backup Documents 04/26/2022 Item #16K1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 K 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 4/26/22
4. BCC Office Board of County
Commissioners L✓/1 by/ Isl LI
5. Minutes and Records Clerk of Court's Office
Lque(v4 ''4-1..)pti
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Wanda Rodriguez,ACP Phone Number 252-8123
Contact/Department Office of the County Attorney
Agenda Date Item was 4/26/22 Agenda Item Number 16-K-I
Approved by the BCC
Type of Document(s) Agreement 22-7987 Special Magistrate Number of Original one
Attached Services for Code Enforcement—Neale Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature(instead of stamp)? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by JAK
the Chairman,with the exception of most letters,must be reviewed and signed by the
Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board.
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. Some documents are time sensitive and require forwarding to Tallahassee within a
certain time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 4/26/22 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the J f4/I
BCC,all changes directed by the BCC have been made,and the document is ready for the /,�,/J
Chairman's signature. ��tt11JJ11
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21
I 6 K I
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Friday, April 29, 2022 11:41 AM
To: RodriguezWanda
Subject: Item #16K1 (4-26-22 BCC Meeting)
Attachments: Item #16K1 (4-26-22 BCC Meeting).pdf
Good Morning Wavtda,
Please see the attached for your records.
Thank you.
Ann Jennejohn
13MR Senior Deputy Clerk II
0,0,0,4) Clerk to the Value Adjustment Board
Office: 239-252-8406
Fax: 239-252-8408 (if applicable)
Ann.Jennejohn@CollierClerk.com
¢' Office of the Clerk of the Circuit Court
��k""�" mac & Comptroller of Collier County
3299 Tamiami Trail, Suite #401
Naples, FL 34112-5324
www.CollierClerk.com
16K11
AGREEMENT # 22-7987
for
Special Magistrate Services for Code Enforcement
THIS AGREEMENT, whose effective date is May 16, 2022, by and between Patrick H.
Neale, PLLC, d/b/a Patrick Neale & Associates, authorized to do business in the State of
Florida, whose business address is 5470 Bryson Court, Suite 103, Naples, Florida, the
"Consultant" and Collier County,a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. COMMENCEMENT. The Consultant shall commence the work upon the effective date
for a two (2)year period. The County, at its discretion,shall have the option to renew the
contract after the initial term for two additional two-year terms. Such renewal shall be
under the same terms and conditions of this Agreement, unless otherwise modified in
writing by the parties.
The County shall give the Consultant written notice of the County's intention to extend
the Agreement term not less than ten (10) days prior to the end of the Agreement term
then in effect.
2. STATEMENT OF WORK. The Consultant shall provide Special Magistrate services in
accordance with the terms and conditions of RFP 22-7987 and the Consultant's proposal
referred to herein and made an integral part of this agreement. The Consultant shall also
provide Hearing Examiner services for vendor payment dispute resolution, in
accordance with Ordinance No. 2016-19 and the Collier County Prompt Payment
Procedure. This Agreement contains the entire understanding between the parties and
any modifications to this Agreement shall be mutually agreed upon in writing by the
Consultant and the County Project or Contract Manager or his/her designee, in
compliance with the County Purchasing Policy and Administrative Procedures in effect
at the time such services are authorized.
COMPENSATION. The County shall pay the Consultant for the performance of this
Agreement at the hourly rate of$195.00 (One hundred ninety-five dollars). Payment will
be made upon receipt of a proper invoice and upon approval by the Project Manager or
his/her designee, and in compliance with Chapter 218,Fla. Stat., otherwise known as the
"Local Government Prompt Payment Act".
3.1 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 contract. Any untimely submission of invoices beyond the
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specified deadline period is subject to non-payment under the legal doctrine of
"laches" as untimely submitted. Time Tall be deemed of the essence with respect to
the timely submission of invoices under this agreement.
4. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Consultant shall be deemed duly served if
mailed or faxed to the Consultant at the following Address:
Patrick Neale & Associates
Attorney at Law
5470 Bryson Court, Suite 103
Naples, FL 34109
Tel: (2399) 642-1485; Fax: (239) 642-1487
Patrick H. Neale, Esq.
office@patrickneale.com
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Procurement Services Division
3295 Tamiami Trail East, Bldg. C-2
Naples, Florida 34112
Attention: Procurement Director
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Consultant and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Consultant or to constitute the Consultant as an
agent of the County.
7. TAXES. Consultant shall be solely responsible for payment of any and all taxes levied on
the Consultant. In addition, the Consultant shall comply with all rules, regulations and
laws of Collier County, the 'Lite` of Florida, or the U. S. Government now in force or
hereafter adopted. The Consultant agrees to comply with all laws governing the
responsibility of an employer with respect to persons employed by the Consultant.
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8. TERMINATION. Should the Consultant be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may
immediately terminate said agreement for cause; the County shall be sole judge of non-
performance. In addition, either party may terminate this Agreement for convenience
with a thirty (30) day written notice.
In the event that either party terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Consultant 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.
9. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
10. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability:Coverage shall have minimum limits of$1,000,000 Per
Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. 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 $500,000 for
each accident.
D. Professional Liability: Shall be maintained by the Consultant to ensure its legal
liability for claims arising out of the performance of professional services under this
Agreement. Consultant waives its right of recovery against County as to any claims
under this insurance. Such insurance shall have limits of not less than $1,000,000 each
claim and in the aggregate.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance provisions.
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Renewal certificates shall be sent to the County ten (10) days prior to any expiration date.
Coverage afforded under the policies will not be canceled or allowed to expire until the
greater of: ten (10) days prior written notice, or in accordance with policy provisions.
Consultant 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 Consultant from its insurer, and nothing contained herein
shall relieve Consultant of this requirement to provide notice.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law,the Consultant
shall 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 Consultant, any statutory or regulatory violations,or from personal injury,
property damage, direct or consequ(Alt jai damages,or economic loss, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or
anyone employed or utilized by the Consultant 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.
11.1 The duty to defend under this Article 11 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Consultant, 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 Consultant. Consultant's obligation to indemnify and defend under this
Article 11 will survive the expiration or earlier termination of this Agreement until i t 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.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Code Enforcement Department.
-F. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in am• manner
with the performance of services required hereunder. Consultant further represents that
no persons having any such interest shall be employed to perform those services.
14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Consultant's Proposal, Insurance Certificate, RFP #22-7987-Special Magistrate
Services for Code Enforcement, and Scope of Services.
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15. 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 contract held by the individual and/or firm for cause.
16. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Consultant is formally acknowledging without exception or stipulation that it agrees to
comply, a t 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 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 CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'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
Telephone: (239) 252-8999
Email: PublicRecordRequest@colliercountyfl.gov
The Consultant must specifically comply with the Florida Public Records Law to:
16.1. Keep and maintain public records required by the public agency to perform the
service.
16.2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
16.3. 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 Consultant does not transfer the records to the public agency.
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16.4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Consultant or keep and maintain public
records required by the public agency to perform the service. If the Consultant
transfers all public records to the public agency upon completion of the contract,
the Consultant shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Consultant keeps and maintains public records upon completion of the contract,
the Consultant 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.
Failure by the Consultant 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.
17. 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.
18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Policy.
19. DISPUTE RESOLUTION. Prior to the initiation of an\ 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 Consultant 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 shall be attended
by representatives of Consultant 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.
20. 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.
21. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal (RFP) and/or the
Consultant's Proposal, the Contract Documents shall take precedence. In the event of any
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conflict between the terms of the RFP and the Consultant's Proposal, the language in the
RFP would take precedence.
22. ASSIGNMENT: This Agreement is personal to Consultant and may not be assigned in
whole or in part without the prior written consent of the County. Any attempt to assign
or otherwise transfer this Agreement, or any part herein, without the County's consent,
shall be void. If Consultant does, with approval, assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward Consultant
all of the obligations and responsibilities that Consultant has assumed toward the County.
IN WITNESS WHEREOF, the Consultant and the County have hereunder set their
hands and seals on the date and year first above written.
A fH ST BOARD OF COUNTY COMMISSIONERS
C:ry tat K. K nz 1,clerk of Courts COLLIER CO r LORIDA
/ „ /
By: , i_ 4! _ ., i / / ... ae . C,e1 !►I
Attests
►rC► „,,, , De.•ty Clef Wil -.m L. McDaniel,Jr., Chairman
S!t!
Ur0 4tti„ it 21/2�
t _ �
Approve.i
I:s and legality:
4It f
Sm.al -
Jeffrey A.If,tz . 'r►w, County Attorney
Patrick H. Neale, PLLC,
d/b/a Patrick Neale & Associates
Consultant
i
-
a rick H. Neale, Esq.
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