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#22-7956 (Smith, Bryan & Myers, Inc.)
FIXED FEE PROFESSIONAL SERVICE AGREEMENT # 22-7956 for Professional State Lobbyist Services THIS AGREEMENT, made and entered into on this I `( day of JuA , 20 22 , by and between Smith, Bryan & Myers, Inc. authorized to do business in the State of Florida, whose business address is 311 East Park Avenue, Tallahasse, FL 32301 ,(the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be for a three ( 3 ) year period, commencing upon-the-date of-Board approval; or ❑■ on October 1, 2022 ,and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ■ Purchase Order I I 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 Rid (ITB) I Other - . .... ._ ( ., # 22-7956 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 15 Fixed Price Professional Service Agreement 2022_Ver.1 i4AO 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-Mate r alv-The- n r-actor--for the-aMelnt Of-Aabef41 to ontractor-s-to•perform the-work 01 y- 'als and---equipment used-in-the-project heproject (c ers- rk ). This sed-in-project whis -i estimate the size of the project, -or when it is expected that-the-project requirements would-+ayes# 4ilcely-cl-ang • s---practice;--these cent racts include-baek-u,p-clocu f-costts;-i o�kces oald..include-number s rked-and-bi ' e by pos Lion (and.-.net-cor pany(o . ubo tractor ti epira rds ,-mat-er+a-l""'sr-"eq ipment"invoices, mod"-other reimbursable-docurnen-tation for the p;oject. • ❑ Unit Price-The Gow t-agrees to pay-a-firm--total-#ixe • ' sosto; a tip ' , . for-a-repetitiveu or-sewideln_.p ' c or carton,--et . . 'ee--ae u nits )-. 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). Page 2 of 15 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:_.e. Travel-and-Reimbursable Expenses-must-be-approved-in advance-in writing-by-the County.._Trrave-l..expenses shall be-reimbursed-as--p Section 1-12:061.-Fla`.:-Stats. Reimbursements shall-beat-t hate-Howl ng-rates Mileage $g 44,5-pe --,mi,e Breakfast $6-.00 i r� Lunch $r14.0.r0 Dinner $1-9^ :0n 10 � �/ ^/� Airfare Actual-ticket-cost- . ist Airfare r limited-turl�r-ter coach class-fare Renta s car Actual—rental—cost m ited to-oom p a ct--or standard-size vehicles Lodging Actual cost_of-ledging-at-s ngle-occu parley rate ith-a-eap-of-no-r re--than---$-1--50:00-per night Parking Actual cost-of-parking Taxi or-Airport Limousine Actual-cost--of-either ta firer--airport-limaasine Reimbursable-items-other-than tra el expenses_:hall,belimited---te he-_following telephone—long-distance -charges;fax --chomes,—p.l et€cep —el arges ---mad postage R1^e' bur ableAt iII-be-pai{d- r ^ter Gontrae has_pr vided ill receipts,- Vol"Itracto'r--YIIUI"l"'•"'•b `"""•Y lis pon 711.1e--fo"",�•-a II"�'othe'1.•co ta"•«•,a n.d•."-expV`I7--expenses associated-with a tie,ties-and--so-licitatiens-underta! en--pursuant.to-tl is-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. Page 3 of 15 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: Smith, Bryan & Myers, Inc. Address: 311 East Park Avenue Tallashassee, FL 32301 Authorized Agent: Matt Bryan, President Attention Name & Title: Telephone: (850) 224-5081 E-Mail(s): LHurley@smithbryanandmyers.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Communications, Government & Public Affiars Division Director: John Mullins Address: 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Administrative Agent/PM: John Mullins Telephone: (239) 252-2520 E-Mail(s): John.Mullins@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 15 Fixed Price Professional Service Agreement 2022_Ver.l • 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑■ Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑ Business-Auto---Liability: Coverage shall have minimums- limits of aTYel— r opei ty D�"DaTmage L• icy This ,s{ -ehi t ]yet rr C. Rill 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 $ 1,000,000 for each accident. Page 5 of 15 Fixed Price Professional Service Agreement 2022_Ver.l D. ❑■ Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. E H C y bear-Liability-:-Covera ve...minimum limits per-occurrence: /� F. 1-1Tech"nio'logy Errors•aa.nd..,,Orni-ssionsa:'"Covrerage-shta..iil-hav<e.minimum-limits of$..... ... . _w._ r -per-occurrence: G. ❑ Watercraft. Coverage.shall-haae---minimum--limits--of-$ -___ -__ per occufr'e•nee. •H United...States.Longshoreman?s-and.Harbo worker's-Ac -Coverage_shall be--maintained--where applicable to-the-completion-of the-work-$ per-occurrence: l.. ❑ nn.Wyitir.^,e.-Coverage-(aores-Act):_..Coverage...._shall..have.minimum-limits of $ der--occurrence: J. I I (other)-:Co,erage..shall have minimum i�f.,,,l�r" r`.its.of per-ceeu'rrenrsv`e. l4-: ❑ (other): Coverage-shall-have mirni.l'1..u.m..»l l'I"17-its.of$.,,.„.:....:...... «..V..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. Page 6 of 15 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 Communications, Government and Public Affairs Division . 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑■ Exhibit A Scope of Services, Exhibit B Fee Schedule, I] RFP/ ITB/ ❑ Other-.....____._ __.__ _._______.__ _........ . ________ ( ) #22-7956 including Exhibits, Attachments and Addenda/Addendum, U subsequent-quotes; and n Other Exhibtt/Attachment—Ww M 17. APPLICABILITY. Sections corresponding to any checked box (M ) will expressly apply to the terms of this Agreement. Page 7 of 15 Fixed Price Professional Service Agreement 2022_Ver.1 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: PublicRecordRequesWcolliercountvfLqov 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 Page 8 of 15 Fixed Price Professional Service Agreement 2022_Ver.l (;,~ 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 Page 9 of 15 Fixed Price Professional Service Agreement 2022_Ver.1 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. AG'REEMEAIT___STAFF]IN!_ .The-Contraotor's personnel and management-to-be utilized,.for.this- n -'reement-'shall-be�-k-n 3 eabl=✓.".in-their-areef.,.expertise:-, he lA ll llL".c.:� rVl' 1111J i \g ,..� ,e��g County-rese ves.,the "rightto-perl''orm-rove stigat"rons as--'may-be-deemcd necessary, to ensure-that-competent-persons-will be-utilized-in-the-performance-of the ,A,greement: The Contractor shall assign-as-many-people- as-necessary to-complete-required sewices'or a-timely-basis nd'each pefser assigned--shall -av"ailab-le„foFawamount 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--P-RIB-C EDENC-E-(Gra nt...l=unded):--...l-n-the event-of any-conflict between or- air on the-forms-of-any fµ-t-ht-entra'e Documents-and/or-the-Gou-nty's- Board approved Executive Summary;--the-ter-r s.of-the-Agreemen -sha-ll tag, e..precedence-over the-terms-of-oil cther ontract Dac,except th:✓ terrns of- ny-SuNNI 'tal Genditions-shall-tak-e-precedenee-over-the-Agreement. To-th ent any 5conflietiethe ter n e---Coe'trac Doournents--eannot- be resolved-by-application- of --the Supplemental'- nditfans, if any, or the Agreement t-he--eonflict'shall be--resolved'by imposing-the_more-strict-c r000tly-obligation under the GcntactDocumen4supon-tho Contractor at°'Gou-n"ty'o-discret4cn. 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 Page 10 of 15 Fixed Price Professional Service Agreement 2022_Ver.I €is-3 this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. (Intentionally left blank-signature page to follow) Page 11 of 15 Fixed Price Professional Service Agreement 2022_Ver.l IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of the Circuit Court and,Comptroller ..• . Ce) A * • By: 'P.A.:A...4: ' • By: Willi m L. McDaniel Jr. , Chairman Dated2' -, PAK '144#1,17 ( ". signatUre,9* Contractor's Witnesses: Smith, Bryan & Myers, Inc. Contractor 10(,, 1)3 v(J0 W.1 C ntractor's First Witless Signature rC estAeAni- eloioie i\kis 0 cti i'Type/print signature arid titleT TType/print witnes namet Contractor's Second Witness NA at CVlS4Y1 oVNe-XA‘eN TType/print witness nameT * eft ilve as toTprm and Legality: ) 1),Opfra-si County Attorne Print Na e Page 12 of IS Fixed Price Professional Service Agreement 2022 Ver.I Exhibit A Scope of Services NI following this page (containing 2 page/s) this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement 2022_Ver.I Request for Proposal (RFP) #22-7956 "Professional State Lobbyist Services" State government lobbying services are needed, based in Tallahassee, on behalf of the County where they will advocate policy positions, as adopted by the Board, and monitor and report on emerging issues and actions of the legislative and executive branches. DETAILED SCOPE OF WORK The CONTRACTOR/CONSULTANT shall provide and perform the following professional services which shall constitute the GENERAL SCOPE of the SERVICES under the covenants, terms, and provisions of this agreement. The CONTRACTOR/CONSULTANT will represent and advocate the Collier County Board of County Commissioner's policy positions, as adopted by the Board, and as directed by the County Manager, or their designee, before the legislative and executive branches of the State of Florida. The CONTRACTOR/CONSULTANT shall perform the following services, including but not limited to: 1. Consult with designated County staff to recommend, review, and draft proposed legislative priorities ahead of each regular or special legislative session. 2. If requested, participate in presenting the proposed legislative priorities and/or any after-action report to the Board. 3. Devise and diligently execute strategies that accomplish the legislative and administrative goals of the Board. 4. Monitor legislative and executive activity that could materially impact Collier County and suggest the most effective approach in achieving the best outcome for the County. 5. Provide regular oral and written updates to the County Manager, or their designee, on issues potentially impacting Collier County during any regular or special session and during legislative interim committee weeks. 6. Secure sponsors for bills and amendments that further the legislative goals of the County. 7. Lobby, consistent with Board adopted positions, for or against legislation to achieve the legislative goals of the County. 8. Coordinate meetings with appropriate legislative members, key staff, and executive level officials and personnel. 9. Promptly notify the County Manager, or their designee, of any potential or actual conflicts of interest arising from the lobbyist's and/or lobbying firm's legislative efforts. 10. Monitor and report on the rulemaking process when it could potentially materially impact the County. 11. When approved by the County Manager, or their designee, represent the County at applicable coalition and association meetings. 12. Aggressively pursue and report on funding opportunities that may benefit projects, programs, and services applicable to Collier County. Page 1 of 2 Scope of Services Request for Proposal (RFP) #22-7956 "Professional State Lobbyist Services" The CONTRACTOR/CONSULTANT should have advocacy experience in the following topical areas, including but not limited to: • Administrative Rules & Procedures • Mitigation Banking • Airports & Aviation • Museums • Affordable Housing • Parks & Recreation • Appropriations & County Funding Streams • Planning & Zoning • Beach Access & Renourishment • Preemption& Home Rule • Code Enforcement • Property Tax • Community Redevelopment Agencies • Procurement • Domestic Animal Services • Public Transit • Emergency Services • Recycling • Employment Law • Solid Waste • Impact Fees • Transportation • Information Technology • Vacation Rentals • Inland Oil Drilling (Fracking) • Veterans' Services • Libraries • Water Quality & Quantity Management • Licensing & Permitting The County will not be restricted to utilizing, on an exclusive basis, the services of the CONTRACTOR/CONSULTANT. The County may, at times, need additional specialized lobbying services, which may be solicited on an independent basis. The CONTRACTOR/CONSULTANT must be able to register and be approved as an executive and legislative branch lobbyist in the State of Florida. The CONSTRACTOR/CONSULTANT will meet with the County Manager, or his/her designee, to have a work plan assigned. The County Manager, or his/her designee, will have the sole discretion in directing the CONSTRACTOR/CONSULTANT on the County's behalf. Page 2 of 2 Scope of Services 0 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 14 of 15 Fixed Price Professional Service Agreement 2022_Ver.l 09 Request for Proposal (RFP) #22-7956 "Professional State Lobbyist Services" EXHIBIT B FEE SCHEDULE Task Description Compensation to CONTRACTOR/CONSULTANT Professional Lobbyist Services $75,000* per year paid in 12 equal installments of$6,250 per month *Annual not-to-exceed compensation inclusive of all costs, to be paid on a monthly basis. Payments shall be full compensation for all services, labor, tools, equipment, travel, and any other items required for project completion and/or completion of services outlined in Exhibit A of the Agreement. Compensation shall remain firm for the initial term of the agreement. Page 1 of 1 FEE SCHEDULE Other Exhibit/Attachment Description: following this page (pages through ) ■ this exhibit is not applicable Page 15 of 15 Fixed Price Professional Service Agreement 2022_Ver.l41111) A�oRD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/18/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Higginbotham Insurance Agency, Inc. NAME; Nicole McNorton PHONE FAX 11 West Garden St. lac Nq,Ext): 850-601-0866 {A/C,No): - Pensacola FL 32502 E-MAIL ADDRESS: NMcNorton@higginbotham.net INSURER(S)AFFORDING COVERAGE j NAIC# --- - -- -- --- __ _ __ License#:2081754 INSURER A:Axis Surplus Insurance Company 26620 INSURED SMITBRY-01 INSURER B: Scottsdale Insurance Company 41297 Smith, Bryan, & Myers, Inc. &Matthew A. Bryan&Julie S. Myers And -- - 311 E Park Avenue, LLC INSURER C:Associated Industries Insurance Company, Inc. 1 23140 311 E Park Avenue INSURER D: Landmark_ _ American Insurance Company 33138_ Tallahasse FL 32301 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1911117768 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR1 POLICY EFF POLICY EXP 1 -- --- - -LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y ESC92408 7/7/2021 7/7/2022 EACH OCCURRENCE $1,000,000 DAMAGEENTE CLAIMS-MADE X OCCUR ,'_PREM SESO(Ea occur ence) . $100,000 _ - - --- --- 1 MED EXP(Any one person) $5,000 j PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY I— J PRO- - LOC JECT _ PRODUCTS-COMP/OP AGG $Included OTHER. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO r-(Ea accident) _ _ ' BODILY INJURY(Per person) '�1 $ OWNED -'� SCHEDULED - - - - -- - _ AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE - _ - AUTOS ONLY AUTOS ONLY 'JCer accident) _ $ B UMBRELLA LIAB X OCCUR XBS0141667 7/7/2021 7/7/2022 EACH OCCURRENCE $1,000,000 X EXCESS LIAB i CLAIMS-MADE AGGREGATE i $1,000,000 DED 1 i RETENTION$ $ C WORKERS COMPENSATION AWC1170976 9/27/2021 9/27/2022 X PER OTH- 'AND EMPLOYERS'LIABILITY Y I N i STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE [ - $500 000 E.L.EACH ACCIDENT --- - OFFICER/MEMBEREXCLUDED N/A L. Ir (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE1$$500,000 If yes,describe under I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 D Professional Liability LHR791714 9/23/2021 9/23/2022 1 General Aggregate 1,000,000 • Each Occurence I 1,000,000 I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners is listed as an additional insured in regards to general liability as required by written contract.The insurance provided 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 venders policy should be endorsed accordingly.A 30 day notice of cancellation required.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. For any and all work performed on behalf of Collier County. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 AUTHORIZED REP'REESSENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD