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Backup Documents 06/13/2023 Item #16F 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP'ECL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO JUN 13 2023 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 tRj Po'l m ellt Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attor y Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Managements 3/Z3 2. County Attorney Office County Attorney Office j2 ' �//3023 4. BCC Office Board of County , 1 b Commissioners �v /S/ 6/1143 4. Minutes and Records Clerk of Court's Office „V nF 19,2, 3.:g • 5. Procurement Services Procurement Services 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 Vanessa Miguel/Procurement Contact Information 239-252-6020 Contact/Department Agenda Date Item was June 13th,2023 Agenda Item Number 16.F.1. Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8086 Becker & number if document is Becker& Poliakoff, Poliakoff, P.A. to be recorded P.A. 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 STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VM signed by 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's 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 VM 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 VM 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 input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on June 13,2023 and all changes made c/)�- N/A is not during the meeting have been incorporated in the attached document. The County .SKr- an option for Attorney's Office has reviewed the changes,if applicable. this line. • 9. Initials of attorney verifying that the attached document is the version approved by the s4-7- N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the //,� an option for Chairman's signature. / this line. I F1 ..4 FIXED FEE PROFESSIONAL SERVICE AGREEMENT # 23-8086 for "Federal Lobbyist Services" THIS AGREEMENT, made and entered into on this 13 day of ,Uhl , 20 23 , by and between BECKER & POLIAKOFF, P.A. authorized to do business in the State of Florida, whose business address is 1 East Broward Blvd #1800, FT. Lauderdale, FL 33301 ,(the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESS ETH: 1. The Agreement shall be for a three ( 3 ) year period, commencing upon-the-date-of-Board-approval; o f uI on December 10, 2023,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 ICI Purchase Order — Notice to Proceed I I Work Order. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of 'MI Request for Proposal (RFP) I IInvitation-to Bid..--(ITB) Other # 23-8086 , 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.3 CAO 6 F 1 w 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-Material : s-to-pa y-the-co ntractor-for th e-a mount o-f-4aaber-timeby-the-orantraotetemeloy ' k-(numbe used in the proje his -used-in--pr ' ble-te-ecouratelyG estimate the size of the---project -o thatthem-project requirements would-most__ikely--e4aange s a-gera al b usinees cent rits-iaelude-b as p--doouientation.ef-De ices-w ber of-4ou ked-ond-bilUin omparY¢o bee,atr-aotor} tlea--feF-the-prejec:t: ❑ Unit-Price: The--County-agrees to paw--total-fixed price (f cl sive-of-at4 ooets slu g-labor terials q aae , or service delivered (i.e. insta carton, etc.), The invoicc must ide f d-(no-- trac ffieat+on- 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.3 CAO 16F1 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 "'aches" 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. Page 3 of 15 Fixed Price Professional Service Agreement 2022_Ver3 CAO � 6F1 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: BECKER & POLIAKOFF, P.A. Address: 1 E. Broward Blvd., Suite 1800 Ft. Lauderdale, FL 33301 Authorized Agent: Gary C. Rosen, Managing Shareholder- CEO Attention Name & Title: David G. Muller, Esq., Shareholder& Local Liaison Telephone: (954) 987-7550 / (202) 621-7122 / (239) 552-3200 E-Mail(s): grosen@beckerlawyers.com /dmuller@beckerlawyers.com aamaral@beckerlawyers.com /awood@beckerlawyers.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: County Manager's Office Division Director: John Mullins Address: 3299 Tamiami Trail East, Suite 202 Naples, Florida 34112-5746 Administrative Agent/PM: Charles Kammerer, Budget Analyst II Telephone: (239) 252-8951 E-Mail(s): Charles.Kammerer©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.3 ;CSAO 16F1 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 or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. I■i 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. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. I I Business -Auto_-t=c;ahi!: G Gov-erage__. 11 bam'e rim fits urrense Combined Single-Limit for Bodily-Injury-Liability and---Pceperty -Damage-Liability: This shall-4nclude:.-Owned-Vehicles--Hiram afnd Non--Owned-Vehieles and-Employee.N (ship. C. IN Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 5 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 CA0 16F1 The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. 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. : ❑ C-yber--L- absl Goverage-shall..h.a.ve_mini um--li aits_of-$------_ per-eeoucFenoe- .I' Technology-Errors-and OM isaci'i'om•••••C verag.e."`3•h'all•"have-iimin irnu17"PT"'"l i1T'P9'St.�"r of.,$,._ _-per--oeeu r1e n ce. G: n Watercraft: Coverage shall have minimum---lImits-of•-$ per occur Fence, ee:- .l n United-States Longshoreman's and Harhorworker.'r�y._Act Coverage shall be-maintained-where applicable--to-the--completion of the--werk$- - per--oecuFFenee- t- ❑ Maritime Coverage_-(Jones Act):---Govecage-shall-hav-e-milimits---of per ocourF-enoe, ^,`'^ ❑ (other):-C`everage shall have minis n--lirrvi --of- --occurrence. K. n (othe4--Cove.rage shall have minirrn rlimits--ef-$ -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 Page 6 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 CAO l6F1 ' Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. 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 County Manager's Office 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, [■1 RFP/ ❑ !TB/ Other - _ _ } #23-8086 including Exhibits, Attachments and Addenda/Addendum, n subsequent-quotes; and n Other-Exhibit/Attachment: Page 7 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 CAO 17. APPLICABILITY. Sections corresponding to any checked box (I. ) will expressly apply to the terms of this Agreement. 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, as well as the requirements set forth in Florida Statue, §448.095; 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: PublicRecordRequestAcoltiercountyrisiov The Contractor must specifically comply with the Florida Public Records Law to: Page 8of15 Fixed Price Professional Service Agreement 2022_Ver.3 CAO 1 6 r 1 ' 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the 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 Page 9 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 CAO I6FI 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 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. I■I 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. n AGREE MENT 5T, FING,.The-Centraetar'z_personnel-and-management-to-be utilized-for-this-Agreement-shalt be kncwledgeabl in thei pertis .. knowledgeable l}UI.�YA-- Li--111111{.w their-�G-7- expertise,-��J��'Cix�/l..l ll� v.r County-reserves the-righ#-t-o-perfar --investigations as-,maybe-deemed--necessary-t-o ensure-that com pe rsons-will-be-util ized-in-the-perfo mi a me-of-the-,Aegreement The---Contracto -many-people-as-necessary-to-complete-required ser es-on s,and--each per on-assigned-shaft-be-available-for-an amount of time adectuate-t services leet-required- JLl V1VV J: 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. n ORDER-OF PRECEDE NCE4GrantFur ded),_ In-the-event-of-any-conflict-between or-among--t e terms-of-any--of-the-Contract Docents-andler---the--County's--Board approved-Executi-ve-Bumfnawe-term s-ef-the-Agreement-shall-take--prece ce-ever the-term. o€-all----oth er---Coetract--D cunnts;except--the-ter- ---o#a tippler ental Conditions-shad-take-precedence over the^ seem -T-o-the-extent-any--conflict--in--the term of-the-Contract--Documents-can sslved by application--ef---the upplementat-Gonditions if-an-y et c-Agreementsthe--conflict-shall--be-resolved-by Page 10 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 Cp O 1aFI i posi -the~-ter at-Ion-under---t e—Gontr-act Docualent.s--u --the Contractor-a r bean 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 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.3 CAO I6F1 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 By: oik4l1ft By: f ' Rick LoCastro , Chair Dated: JUno /y3.l a0a3 (SEAL) Attest as to Chairman's signature only Contractor's Witnesses: BECKER & POLIAKOFF, P.A. Contractor By: Contractor's ••ir t ss Sig pinM. Or-1innc✓ Te/prt signature and titleT TType/print witness name 6,-(2_ Contractor's Second Witness Citee' TType/print witness name A roved s t F rm and Legality: /Countykttorne rrii t Name 401) Fixed Price Professional Service Agreement 2022_Vcr.3 CAO Exhibit A Scope of Services n following this page (containing 2 page/s) this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 >CAO I F1 Request for Proposal (RFP)#23-8086 "Federal Lobbyist Services" EXHIBIT A SCOPE OF SERVICES The Contractor shall perform and deliver the following professional lobbying services and assist the Collier County Board of Commissioners with obtaining the following objectives: 1. Providing for continuous federal representation of the Collier County Board of County Commissioners in Washington,D.C.,by a Washington,D.C.—based lobbyist/client manager,to ensure the County's positions are represented and issues are addressed. 2. Identifying and securing federal opportunities for the Collier County community in funding, programs, services, and legislation that contribute to the overall betterment of Collier County. In addition,the Contractor shall provide the following services,including but not limited to: 1. Consult with members of the Board of County Commissioners (the Board or the County) in individual meetings with the County's Director of Communications, Government & Public Affairs (project manager), prior to the year-round federal legislative cycle to determine specific individual priorities and positions to reflect in development of the Collier County State and Federal Legislative and Administrative Priorities. 2. Understand and articulate the County's legislative priorities. 3. Represent the approved County's positions and provide appropriate representation/advisement and guidance of Collier County interests. 4. Advocate to the Congressional Delegation in Washington, D.C. the County's approved Federal Legislative and Administrative Priorities,produced on an annual basis. 5. Be available to travel from Washington, D.C. to Collier County for meetings and presentations at least two (2) to three(3)times per year. 6. Be readily accessible,reliable,and responsive to the needs of the County. 7. Continually abide by high standards of ethical conduct and honesty. 8. Recommend timely lobbying efforts in upcoming federal legislative cycle to achieve Collier agenda goals. 9. Monitor and advise the County, and its leadership team through the County's project manager of any legislation which would affect Collier County in either a positive or negative manner, and provide lobbying recommendations on strategy, approach, course of action; Standard reports and coordination requirements: The Contractor shall be required to perform the following tasks to provide seamless communication of Collier County's interest: a. Provide reports at regular intervals as set forth by the project manager. b. Provide monthly reports by the close of business on the 15`''of each calendar month. In instances where the 15th falls on a weekend,the report shall be due the Friday prior to the 15th day. The Contractor may be granted an extended deadline in writing by the assigned County project manager. The County reserves the right to modify these requirements for reporting on an as-needed basis. Exhibit A-Scope of Services Page 1 of 2 CAO Request for Proposal (RFP) #23-8086 "Federal Lobbyist Services" EXHIBIT A 10. Ensure consistent weekly follow-up on issues and inquiries posed by Commissioners and the County administration. Once an issue is addressed County staff may authorize to have an item moved to the monthly status report. 11. Provide standard written reports (authored by Client manager) on Collier-specific issues and priorities that are complete and comprehensive, including federal news, updates, and activities that are of major importance to Collier County. 12. Provide "white papers" on unexpected issues that may arise that call for special "alerts"to the County Project Manager who will share with appropriate management and key legislative staff and respond if requested by the County. 13. Coordinate and communicate bi-weekly with the assigned County Project Manager by telephone and/or email directly to provide verbal updates on activities of the previous week. 14. Assist the County Project Manager as directed by contacting and organizing Congressional member visits to specific areas in the County and scheduling on-site meetings and coordinating tours of project areas. 15. Inform the County Project Manager, or other identified staff, of federal resources available and funding opportunities for County priorities. 16. Monitor agency rule-making permitting processes on a federal level and alert the County Project Manager and staff on action needed to implement and/or achieve compliance with legislation effectively and efficiently. The County will not be restricted to utilizing, on an exclusive basis,the services of the contracted federal lobbying firm. The County may, at times, need additional specialized lobbying services, which will be solicited on an independent basis. Exhibit A-Scope of Services Page 2 of 2 li• Exhibit B Fee Schedule following this page (pages through ) • Page 14 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 FAO I6F1 Request for Proposal (RFP)#23-8086 "Federal Lobbyist Services" EXHIBIT B FEE SCHEDULE The County shall compensate the Contractor for providing and performing services as follows: Federal Lobbyist Services as outlined in Lump Sum annual fee of$105,000 Exhibit A "Scope of Services" to be paid in 12 equal payments of $8,750 per month* *prices shall remain firm for the initial term of this contract. • This is a full-service federal lobbyist contract all-inclusive to produce the required deliverable identified in Exhibit A"Scope of Services." • No additional fees are contemplated. If any additional fees are required, the scope and fees will be negotiated and an amendment to this Agreement will be required. • Travel shall be pre-approved by the County's project manager and paid in accordance with Section 112.061, Florida Statute. Exhibit B-Fee Schedule Page 1 of 1 CAo F 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.3 CAO ACG® CERTIFICATE OF LIABILITY INSURANCE DATE(MMD/YYY)' v 04/25/2023 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 Angela Nervi-Saketkoo Brown&Brown of Florida, Inc. PHONE (954)776-2222 FAX 776-4446 1201 W Cypress Creek Rd E-MAILo,ExU: (954) ADDRESS: angela.nervi@bbrown.com Suite 130 INSURER(S)AFFORDING COVERAGE NAIC# Fort Lauderdale FL 33309 INSURER A: Transportation Insurance Company 20494 INSURED INSURER B: Valley Forge Insurance Company 20508 Becker&Poliakoff,P.A.;Association Title Services,LLC d/b/a INSURER c: The Continental Insurance Company of New Jersey 42625 Becker Title INSURER D: Employers Assurance Company 25402 1 E Broward Blvd,Suite 1800 INSURER E: Allied World Surplus Lines Insurance Company Ft.Lauderdale FL 33301 INSURER F COVERAGES CERTIFICATE NUMBER: 23-24/22-23 Prof 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 SUER LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 15,000 A Y 7036836823 03/24/2023 03/24/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT PRO- X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Employee Benefits Per $ 1,000,000 AUTOMOBILE LIABILITY COMBNVED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 7036836787 03/24/2023 03/24/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 20,000,000 C EXCESS LIAB CLAIMS-MADE 7036836790 03/24/2023 03/24/2024 AGGREGATE $ 20,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION �/ PER OTH- AND EMPLOYERS'LIABILITY Y/N /� STATUTE ER D ANY PROPRIETOR/PARTNER/EXECUTIVE EL.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A EIG452192103 01/01/2023 01/01/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Per Occ/Aggregate $15,000,000 Professional Liability E 0312-1607 12/22/2022 12/22/2023 Ded/Retention $200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:For any and all work performed on behalf of Collier County Collier County Board of County Commissioners,OR,Board of County Commissioners in Collier County,OR,Collier County Government,OR,Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 .��-zo�� I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD