Backup Documents 04/28/2026 Item #16K 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 K 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 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.
2. (Enter your Dept here)
3. County Attorney Office County Attorney Office
4. BCC Office Board of County DK by MB
Commissioners [s] y/21'2.6
5. Minutes and Records Clerk of Court's Office
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 Madison Bird ✓ Phone Number 2939
Contact/Department Iff TAys jc4( spy Pi. /C UP*
Agenda Date Item was �'// ( Agenda Item Number
Approved by the BCC 9 I Z g fig 16 k 7
Type of Document(s) I Number of Original
Attached Pq f6G,.,�f - 13 er/ e ley Documents Attached
PO number or account J (
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 signature?(stamped unless otherwise stated) MB
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 MB
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 MB
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 MB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB
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 tlfzg and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County Attorney
Alh an option for
Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the se fr an option for
Chairman's signature. this line.
1: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
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•
BRG it 11,1 N WORK',
•
April 3,2026
Via Email
Jessica F.Tolin, Esq.
Woods,Weidenmiller,Michetti,&Rudnick LLP
9045 Strada Steil Court, Fourth Floor
Naples, Florida 34109
jtolin@lawfirmnaples.com
Scott R.Teach, Deputy County Attorney
Office of the County Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Scott.Teach�?a,col I ier.gov
Re: Pika Construction,Inc. v. Collier County,et al. (the "Matter')
Dear Ms. Tolin and Mr.Teach:
This engagement letter agreement("Agreement") will confirm that the law firm of Woods, Weidenmiller,
Michetti, & Rudnick LLP ("Law Firm") on behalf of its client the Board of County Commissioners of
Collier County, Florida("Client"or"County")seeks to engage Berkeley Research Group, LLC ("BRG")
to provide expert consulting and support service(s) in the above-captioned Matter. BRG understands that
this Engagement Letter will be presented for the Client's approval as an upcoming regular meeting agenda
item.
David Reichard ("Expert") will provide expert consulting services and will lead the engagement. Should
Expert require support in order to perform tasks required by the engagement efficiently, Expert will use the
support staff of BRG. If specific support is required which cannot reasonably be provided by the support
staff of BRG, Expert may, with written notice and prior approval of the Client, employ or contract for
additional support personnel. Law Firm and Client acknowledge that Expert's opinions are independent and
objective, and not necessarily those of other employees or affiliates of BRG. It is understood that prior to
the submission of any Expert disclosure or similar statement describing the nature of any opinions of Expert
in this matter to any third party, Expert will be provided with the opportunity to review and approve such
statement for accuracy.
Client shall compensate BRG for professional services provided,which shall include Expert's fees and any
backup support hourly fees as identified in attached Exhibit A. In addition to professional fees, Client will
reimburse BRG for direct external project-related expenses (e.g., data sets, reports, outside copy services,
travel, meals, services of outside vendors) which are billed to the engagement at cost with supporting
documentation as identified in attached Exhibit B; and C but only if seeking the reimbursement of costs.
1800 M Street NW,Second Floor,Washington, DC 20036
Berkeley Research Group,LLC 1877.696.0391 ( www.thinkbrg.com
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Expert's hourly billing rate is US $500. Hourly rates may change in the future from time to time and are
typically adjusted annually, with advance notice in writing to the Client.
BRG will send its invoices in this matter to Client with a copy to Law Firm.
BRG shall remit invoices to:
Board of County Commissioners of Collier County, Florida
Address:
Attn: Clerk of Courts: Finance and Accounting
Email: FINOPS@collierclerk.com
with copies to:
Attn: Jessica F.Tolin, Esq.
Email: jtolin@lawfirmnaples.com
Attn: Scott R.Teach
Email: Scott.Teach@collier.gov
A copy of BRG's Standard Commercial Terms,which Client accepts and which is incorporated herein, is
attached hereto as Exhibit D.
Please remit payments to:
Account Name: Berkeley Research Group,LLC
Account No: 8026286672
Bank: PNC Bank,N.A.
ABA No: 031207607
rem itadviceAthinkbrg.com
The work undertaken by Expert and BRG in connection with this engagement is part of the Law Firm's and
Client's work-product.BRG and Expert shall not disclose any confidential or privileged information to any
third party;provided,however, that BRG and Expert may disclose confidential or privileged information
(a) to BRG's employees, affiliates, vendors or agents who provide services in connection with this
engagement,(b)with Client's written consent,or(c)when legally required to do so.Both parties agree that
confidential and proprietary information will not be construed to include information that is available from
public sources or sources not subject to obligations of confidentiality to the Law Firm or Client. Should a
written report be required in this engagement, Law Firm and Client agrees to provide Expert access to all
relevant documents which Expert identifies within a timeframe requested by Expert that is sufficient for
Expert to prepare any report.
Upon BRG's written consent, Client may upload BRG Confidential Information to AI tools provided that
any such AI tools used do not store or reuse BRG Confidential Information beyond the duration necessary
to perform the specific task for which the AI tool is used. Client shall not use BRG's Confidential
Information, including BRG work product, to train, fine-tune, or otherwise improve any third party Al
models.
Except as otherwise required by law or special circumstance, BRG will return or destroy all data and
documents provided by Law Firm or Client at the conclusion of the engagement, but shall be entitled to
retain work papers and work product generated by Expert and BRG staff,subject to the confidentiality and
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non-disclosure obligations set forth in this Agreement.
This Agreement consists of the attached component parts, all of which are as fully a part of the contract as
if herein set out verbatim: The Engagement Letter, Exhibit "A"—BRG Consulting Rates l Fee Schedule,
Exhibit "l3,"Costs and Reimbursable Items, Exhibit"C" - Consultant's Certificate, Exhibit"D" - BRG's
Standard Commercial Terms, Exhibit "E" — Affidavit Regarding Labor and Services, and Exhibit "F"
Additional Public Agency Required Terms.
This Agreement may be executed in one or more counterparts,each of which may be signed and transmitted
via electronic delivery with the same validity as if it were an ink-signed document.
Client,or BRG may terminate this Agreement upon seven(7)days' written notice.
[Signature page follows]
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Sincerely,
lee urvr
Kathleen E. Koppenhoefer
VP&Deputy General Counsel
AGREED AND ACCEPTED:
ATTEST:
Crystal K. Kinzel,-C.le,rk of the Circuit BOARD OF COUNTY COMMISSIONERS
Court and.;Comptroller('-c COLLIER COUNTY, FLORIDA
By: _ Ai,A i' By: / (:::;)
Dan Kowal, airman
•
Dated:_ 11 ,%1ef a '
(SEAL) Attest as to Chairman's
signature only
A roved as to Form d Legality:
G("4!)
Scott R. Teach, Deputy County Attorney
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EXHIBIT"A"
BRG RATES/FEE SCHEDULE
For professional services rendered, BRG's fees shall be based on the following hourly rates:
• David Reichard $500.00 per hour
• Associate Director $450 per hour
• Senior Managing Consultant $375 per hour
• Managing Consultant $$350 per hour
• Consultant $325 per hour
• Associate/Case Assistant $160.00 per hour
* * *
Out-of-pocket expenses will be billed at cost,as provided in attached Exhibit B.
BRG's fee shall be based upon the above billed hourly rates and shall not exceed $200,000.00, which
amount is authorized for purposes of Client's staff to open a Purchase Order but not a guaranteed amount
to BRG, subject to the Client's approval of this engagement. Any expenditure above that amount must
have Board approval prior to any further work being performed.
BRG shall provide, at no cost to Client, the annual response to Client's auditors regarding pending or
threatened litigation. The auditors typically request information regarding all litigation, claims and
assessments considered to be material. The response should include the nature of the pending or threatened
litigation, the progress of the case to date, an estimate of the amount or range of potential loss, and any
other information considered necessary to explain the case. BRG shall provide said response within 30
days of receipt of the request.
BRG shall provide Construction Expert Consultant Services including but not limited to construction
schedule and time related consulting services, design and construction defect issues, contract
administration, construction costs and damages, construction claims research, including technical and
expert testimony in trial, arbitration and mediation, in accordance with the terms and conditions of this
Agreement. BRG shall further assist with the examination of documents,formal and informal discovery,
development of resolution strategy,negotiation,litigation support including document control,preparation
of exhibits for trial, settlement documentation, and the procurement of other experts as needed, through
mediation and/or arbitration and trial of this case. This agreement contains the entire understanding
between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by
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BRG and the Client in compliance with the County Procurement Ordinance, and related adopted policies
and administrative procedures in effect at the time such services are authorized.
If BRG is required or requested to perform any additional or extraordinary services not herein
contemplated, BRG shall be entitled to apply for additional compensation,the amount of which shall be
subject to the approval of Client and no such additional compensation more than the amount herein stated
shall be paid unless specifically authorized in advance by Client in its sole discretion.
NOTES:
• Departments, or Divisions within such Departments, shall be responsible and pay for BRG's services
relating to pending or threatened litigation and specifically for cases, matters or issues relating to such
Department or Division.
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EXHIBIT"B"
COSTS AND REIMBURSABLE ITEMS
In addition to the charges for professional fees set forth in Exhibit"A,"the Client shall reimburse BRG for out-
of-pocket expenses reasonably incurred while rendering such services, including costs of long-distance calls,
printing,costs of reproduction, and necessary travel expenses incurred in accordance with the requirements of
Chapter 112,F.S. I3RG shall not charge for travel of its personnel between its offices(if it has multiple offices).
2. BRG shall submit invoices on a monthly basis for the payment of out-of-pocket expenses. Each invoice that
includes costs/out-of-pocket expenses shall include the attached signed Exhibit C Certificate listing all costs,
expenses, vouchers, invoices, and other documentary evidence that will describe in reasonable detail the basis
for expenditures for which reimbursement is sought as set forth below. If BRG is only submitting an invoice
for its billable hours and not for reimbursement of costs/out-of-pocket expenses then Certificate C is not
required to be submitted for reimbursement.
3. REQUIREMENTS
The following represents Client's payment requirements for costs and expenses:
➢ Your federal employee identification number must be on all invoices submitted.
➢ The applicable Purchase Order number must be on all invoices submitted.
➢ No service, interest,or other charge of like nature is to be imposed regarding any item,invoice,or request.
All firms doing business with Collier County must have a current W-9"Request for Taxpayer Identification
Number and Certification"on file.
A. Services rendered must be specifically and concisely identified.
➢ Names of persons performing services, hourly rates, position classification tied to the positions identified
on the Exhibit"A"rate schedule, and dates must be listed.
➢ Reimbursable expense must be verified by attached receipts or copies thereof
➢ Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112,F.S. Meals and
mileage cannot be charged unless the professional has traveled outside the county of the principal business location.
D. Claims for lodging at single rate(actual cost)must be substantiated by paid bill or charge,with a cap of no more than
$150.00 per night.
➢ Car rentals required for travel should include compact or standard-size vehicles only.
➢ Common carrier travel shall be reimbursable at tourist or coach class fares only.
➢ The Client's accounting and fiscal policy requires original receipts,or copies of receipts that have been individually
certified to be true copies of the originals. In addition,the Certificate contained in Exhibit"C"must accompany each
invoice. The certifying person must sign the Certification form and a description provided of the items, which are
certified.
➢ Faxes shall not be reimbursed
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EXHIBIT"C"
CONSULTANT'S CERTIFICATE
IT IS HEREBY CERTIFIED that:
1• has been duly designated as an Expert Consultant to render Construction-
related consulting services for and on behalf of Collier County;
2. Each of the documents hereinafter identified and attached is a true and correct copy of the original record;
3. Expenditure(s) enumerated represent costs necessarily incurred during official business for the County, which
payment has not been received and for which documentation is not available or reasonably retrievable;
4. All Claims comply with the applicable statutes and administrative orders, and with the express provision that all
other parties are barred from entitlement to any part of these costs.
RE:Invoice No. , Dated
Period Covered: ,Amount
IN-HOUSE CHARGES:
Photocopies: copies @$0.15/each $
Mileage: miles @ /mile $
OTHER(Copies of invoices required):
Long Distance Calls $
Other: $
TOTAL: $
FOR TIIE CONSULTANT
Signed:
Print Name:
Title:
Date:
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EXHIBIT 1)
Berkeley Research Group,LLC Standard Commercial Terms
BRG will bill for its services on a monthly basis and will provide customary descriptions regarding the services
rendered. Payment for BRG's billing statements are due 45 days after receipt of a proper invoice in compliance with
Chapter 218.74(2),Florida Statutes,otherwise known as the"Local Government Prompt Payment Act."Client agrees
that it will review BRG's statement upon receipt and will advise I3RG of any objection to or dispute with the statement
and the work reflected in the statement within the time period provided under Chapter 218.74, Florida Statutes(the
"Act"). In the event the Client disputes part of BRG's bill,the undisputed part shall be paid within the time period
provided herein.ERG and Expert shall he required to stop all work and withhold delivery of further services,testimony
(deposition, trial, or hearing), reports or data (written or oral), or suspend work, at any time the account on this
engagement is more than 60 days past due.Additionally,in order to preserve Expert's independence,all accounts must
he paid in full prior to Expert's deposition or trial testimony. ERG reserves the right to charge interest as permitted
under Section 218.74(4),Florida Statutes,for late payments made by the Client.
ERG will provide a reasonably itemized statement of expenses incurred on this engagement,and shall provide copies
of original invoice or other documentation on itemized expenses and complete the Certificate attached to this
agreement as Exhibit C.
BRG shall pay all sales,consumer, use and other similar taxes associated with the engagement,which are applicable
during the performance of the services. 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 85-801596653I C.
Any estimate of anticipated fees for services or budget that may be provided to Client prior to or during the course of
the work on this matter is BRG's best estimate of the anticipated fees that will be incurred in connection with the
services based on the information available to BRG at the time the estimate or budget is prepared.Changes in scope
will impact any estimate or budget. tinder no circumstances shall such a budget or estimate be deemed a maximum
fee or a fixed price.
ERG shall not he liable for any delays resulting from circumstances or causes beyond its reasonable control,including,
without limitation,fire or other casualty,act of God,strike or labor dispute,war or other violence,or any law, order
or requirement of any governmental agency or authority.
in the event Expert or ERG is requested pursuant to subpoena or other legal process to produce any documents or to
provide testimony relating to this engagement in judicial or administrative proceedings to which ERG is not a party,
Client shall reimburse BRG and Expert at standard billing rates for all professional time and expenses, including
reasonable attorneys' fees, incurred in preparing for and responding to requests for documents and providing
testimony.
ERG and Expert are engaged by many other companies and individuals.it is possible that some of BRG's and Expert's
past,current or future clients had,have or may have disputes or other matters that are adverse to or may not be consistent
with the interests of Client.ERG and Expert reserve the right to undertake unrelated engagements during and after this
engagement by Client,consistent with ERG's internal policies. ERG and Expert will not be required to disclose any
such unrelated engagements to Client. BRG and Expert will institute procedures to protect the confidentiality of
information provided by Client in the course of this engagement. Client agrees that it will not attempt to disqualify or
otherwise bring any action against BRG or Expert in any such unrelated engagement on the basis of an alleged conflict
of interest or any similar grounds arising from the retention of BRG and Expert in this engagement.Client's engagement
of ERG is expressly conditioned on Client's agreement not to use the fact of l3RG's or Expert's engagement by any other
client in other matters as a means of enhancing or diminishing ERG's or Expert's credibility before any trier of fact.
This Agreement shall be interpreted and controlled by the laws of the state of Florida, with jurisdiction in and for the
state and federal courts for Collier County.Prior to the initiation of any litigation or court 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 ERG with full decision-making authority and by
Client's staff person who would make the presentation of any settlement reached during negotiations to Client for
approval. Failing resolution,and prior to the commencement of depositions in any litigation between the parties arising
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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 BRG with full
decision-making authority and by Client's staff person who would make the presentation of any settlement reached at
mediation to Client'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§44.102,Fla Slat.
Except in the case of BRG's gross negligence, fraud, or willful misconduct,the parties shall not be liable to each other
for any consequential,incidental,special or punitive damages,nor shall BRG or Expert he liable for direct compensatory
damages in excess of two times(2x)the fees actually received by BRG for the performance of services hereunder.
PURSUANT TO SECTION 558.0035, FLORIDA S'l'ATU'1'ES,THE PARTIES UNDERSTAND AND AGREE THAT
BRG'S EMPLOYEES OR AGENTS MAY NOT BE SUED OR HELD iNDTVIDUALi,Y LIABLE FOR NEGLIGENT
PERFORMANCE OF THIS AGREEMENT. BRG shall provide insurance as required by the aforementioned statute as
follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit 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.
I). Professional Liability Insurance: Insurance shall be maintained by BRG to ensure its legal liability
for claims arising out of the performance of professional services under this Agreement. BRG 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. A copy of the Insurance Certificate shall be
provided in advance of the commencement of services and is hereby made a part of the Agreement.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by BRG during the
duration of this Agreement. BRG shall notify the County in writing in advance of any event of cancellation or
modification of the required stipulated insurance coverage.
Client represents and warrants that Client has any and all necessary right, title, license and authority (including any
and all necessary permissions from third-party owners)to transfer to BRG,grant access to BRG or allow BRG to use
for the purpose of rendering services to Client, any and all of the data or other information that Client provides to
BRG forsuch purpose. Subject to Client's sovereign immunity under Section 768.28,
F l or i d a Statutes, Client agrees to indemnify BRG against any and all liabilities, including liabilities arising
from claims brought by third parties and any and all costs of defense,arising from such transfer,access or use.
In the course of performing work under this Agreement, BRG may use artificial intelligence ("Al") or similar
technologies, including both proprietary technologies and those provided by third-party vendors, to enhance the
efficiency,accuracy,and quality of the Expert's and BRG's work.In accordance with BRG's professional obligations
and as required by applicable law,BRG will maintain safeguards designed to protect the security,confidentiality and
integrity of the Law Firm and Client's data in relation to the services BRG provides to Client,and PIRG will require
the same of third-party vendors.Client further acknowledges that such third party vendors only offer limited recourse
in the event of a security incident involving data of their users and customers and,theretore,agree that,to the extent
permitted by law, I3RG's liability to CIient in connection with use of such tools, applications and technologies is
limited to what can be recovered from such third parties hut not to exceed the fees BRG receives from Client for the
services utilizing the affected tool,application or technology.
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Unless otherwise explicitly stated,all provisions of this Agreement shall survive the expiration or termination of this
engagement. BRG shall be paid for all time and expenses incurred up to the termination of this agreement. Neither
party may assign,transfer or delegate any of the rights or obligations hereunder without the prior written consent of
the other party. Notwithstanding the foregoing,either Party may assign this engagement letter as part of the sale of
any substantial portion of its assets,or pursuant to any merger,consolidation or other reorganization,without the other
Party's prior written consent.These Standard Commercial Terms,and the engagement letter to which these terms are
appended, including the exhibits A,B, C, D, 1E,and F constitutes the entire agreement between BRG and Client with
respect to the subject matter hereof and supersedes all other oral and written representations, understandings or
agreements relating to the subject matter hereof.No waiver,amendment or other modification of this agreement shall
be effective unless in writing and signed by each party to be bound thereby.
In the event expert consulting services have not commenced in the 4-month period after the execution of this
Agreement,BRG reserves the right to terminate on 7 days'written notice.
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EXHIBIT E
AFFIDAVIT REGARDING LABOR AND SERVICES
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AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a
nongovernmental entity and a governmental entity,the nongovernmental entity must provide the governmental entity with an affidavit
signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental
entity does not use coercion for labor or services.
Effective January 1,2024,a governmental entity may not accept a hid on,a proposal for,or a reply to,or enter into,a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet
any of the following criteria: (a)the entity is owned by the government of a foreign country of concern; (b)the government of a
foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal
place of business in a foreign country of concern.
Effective July 1,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access
to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an
officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs
(2)(a)-(c), §287.138,Florida Statutes.
Nongovernmental Entity's Name: Berkeley Research Group,LI,C
Address: 70 W. Madison,Suite 5000,Chicago, IL 60602
Phone Number: 773.943.7070
Authorized Representative's Name: Kathleen E. Koppenhoefer
Authorized Representative's Title: VP R.Deputy General Counsel
Email Address: legal@thinkbrg,.com
J, Kathleen E.Koppenhoefer(Name of Authorized Representative),as authorized representative attest under penalty of perjury
that Berkeley Research Group, LLC_(Name of Nongovernmental Entity) does not: (I) use coercion for labor or services as
defined in§787.06,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by a government of a foreign country
of concern, (b)that a foreign country of concern does not have a controlling interest in the entity,and (c)that the entity is not
organized under the laws of or has its principal place of business in a foreign country of concern,all as prohibited under§287.138,
Florida Statutes.
Under penalty of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
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STATE OF Illinois
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Exhibit"F"
Additional Public Agency Required Terms
PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give,either directly or indirectly,any favor,gifi,loan,fee,service or other item of value to any of Client's
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 Client's staff for a specified period of time; b) Prohibition by the individual and/or
firm from doing business with the Client 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.
SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein
that this agreement is subject to appropriation by the Collier County Board of County Commissioners.
IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, BRG is
formally acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be amended. In addition, Florida state law incorporates E-Verify
eligibility requirements through Florida Statue, § 448.095, as may be amended. Failure by BRG to comply
with the laws referenced herein shall constitute a breach of this Agreement and the Client shall have the
discretion to unilaterally terminate this Agreement immediately.
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.
ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement upon
satisfactory negotiation of price by the Client and BRG in accordance with the Client's current Procurement
Ordinance, Policies and Procedures.
KEY PERSONNEL/PROJECT STAFFING: BRG's personnel and management to be utilized for this project
shall be knowledgeable in their areas of expertise. For the purposes of this Agreement,David D. Reichard, P.E.shall be
considered a Key Personnel. The Consultant shall not change Key Personnel unless the following conditions are met:
(1)proposed replacements have substantially the same or better qualifications and/or experience; and(2)that the Client
is notified in writing as far in advance as possible, and agrees to the proposed replacement. The Client retains final
approval of proposed replacement personnel.
BRG shall keep all records and supporting documentation,which concern or relate to the services hereunder for a
minimum of five(5)years from the date of termination of this Agreement or the date the project is completed, or
such longer period as may be required by law, whichever is later,pursuant to Florida Public Records I,aw Chapter
119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b)as follows:
IF BRG HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119,FLORIDA STATUTES, TO BRG'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
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DIVISION OF COMMUNICATIONS, GOVERNMENT AND PUBLIC AFFAIRS
3299 TAMIAMI TRAIL EAST, SUITE 801
NAPLES, FL 34112
TELEPHONE: (239) 252-4311
EMAIL: PUBLICRECORDREQUEST &,,COLLIER.GOV
BRG must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records,provide the public agency with a copy
of the requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if BRG 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 BRG or keep and maintain public records required by the public agency to perform the service. If BRG
transfers all public records to the public agency upon completion of the contract, BRG shall destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If BRG keeps and maintains public records upon completion of the contract, BRG 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.
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