#08-5102 (Independent Legal Counsel for VAB)
AGREEMENT #08-5102
For
Independent Legal Counsel for Value Adjustment Board
THIS AGREEMENT, made and entered into this ;r:rd day of
~V- , 2008, by and between Bond, Schoeneck & King, PA hereinafter
called the "Consultant" and Collier County, a political subdivision of the State of Florida,
and the District School Board of Collier County, hereinafter collectively called the "Value
Adjustment Board" (VAB).
WITNESSETH:
1. COMMENCEMENT. This Agreement shall be for a one (1) year period,
commencing on date of approval by the Board of County Commissioners, and the
District School Board of Collier County and terminating one year from that date. The
VAB, at its discretion, shall have the option to renew this contract after the initial term for
two (2) additional one (1) year terms. Such renewal shall be under the same terms and
conditions. If any change in conditions is negotiated, said renewal will be contingent
upon written approval of the Collier County Purchasing Department.
2. STATEMENT OF WORK. The Consultant shall provide Legal Counsel Services
in accordance with the Scope of Services of RFP 08-5012 "Independent Legal Counsel
for Value Adjustment Board" and the Consultant's proposal hereto attached and
incorporated herein by reference, as well as additional services as required and
mutually agreed upon in writing by the Value Adjustment Board and Consultant.
3. COMPENSATION. The VAB shall pay the Consultant for the performance of this
Agreement on a fixed fee basis of six thousand dollars per annum ($6,000) after receipt
of an itemized statement of services, in accordance with the cost proposal submitted in
response to RFP 08-5012. Consultant shall not invoice more often than every thirty (30)
days, and shall be paid in accordance with Chapter 218, Florida Statutes, also known
as the Local Government Prompt Payment Act. Consultant agrees to pay for ordinary
expenses incurred, including but not limited to, costs of mailing, copies, facsimiles,
telephone expenses, document delivery (e.g., FEDEX, etc.) and secretarial services.
Ordinary expenses as used herein shall not include the mailing or copying expense of
materials for mass dissemination. However, the parties hereto may agree to include
additional expenses or services in this Agreement.
4 NOTICES. All notices from the VAB to the Consultant shall be deemed duly
served if mailed or faxed to the Consultant at the following Address:
F. Joseph McMackin III
4001 Tamiami Trail North. Suite 250
Naples. Florida 34103
~-~~ __"'''''M'_.___ ~,"-.- -"--"-
Telephone: (239) 659-3861
Facsimile: (239) 659-3812
Cell: (239) 298-0542
All Notices from the Consultant to the VAB shall be deemed duly served if mailed
or faxed to:
Clerk of the Circuit Court, as Clerk to the VAB
Harmon Turner Building, 4th Floor
3301 Tamiami Trail, East
Naples, Florida 34112
Tele: (239) 252-8399
Fax: (239) 252-8408
The Consultant and the VAB may change the above mailing address at any time
upon giving the other party written notification. All notices under this Service Agreement
must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as
creating a partnership between Collier County or the District School Board and the
Consultant or to constitute the Consultant as an agent of Collier County or the District
School Board.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats,
all permits necessary for the prosecution of the Work shall be obtained by the
Consultant. Payment for all such permits issued by the County and all non-County
permits necessary for the prosecution of the Work shall be procured and paid for by the
Consultant. The Consultant shall also be solely responsible for payment of any and all
taxes levied on the Consultant. In addition, the Consultant shall comply with all rules,
regulations and laws of Collier County, the State of Florida or the U.S. Government now
in force or hereafter adopted. The Consultant agrees to comply with all laws governing
the responsibility of an employer with respect to persons employed by the Consultant.
7. NO IMPROPER USE. The Consultant 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 Con-
sultant or if the VAB or its authorized representative shall deem any conduct on the part
of the Consultant to be objectionable or improper, the VAB shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the VAB within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured.
8. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per the requirements of this
Agreement, the VAB may terminate said agreement immediately for cause; further the
VAB may terminate this Agreement for convenience with a thirty (30) day written notice.
The VAB shall be sole judge of non-performance.
-- ----- --,----,- - .,.. ."m__~
9. CONTINUED REPRESENTATION. In the event suspension or termination of this
Agreement occurs, Consultant agrees that s/he will continue representation of the VAB
as needed to make determinations regarding the suspension, and/or until such time as
a replacement counsel can be appointed by the VAB in compliance with Section
194.015, Fla. Stat.
10. NO DISCRIMINATION. The Consultant agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
11. INSURANCE. The Consultant shall provide insurance as per the requirements
outlined in RFP #08-5012 as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of
$500,000 Per Occurrence, Combined Single Limit of Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations;
Independent Consultants; Products and Completed Operations and
Contractual Liability.
B. Worker's Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
C. Professional Liabilitv: Coverage shall have minimum limits of $1 ,000,000.
Special Requirements: Collier County and the Value Adjustment Board shall be
listed as the Certificate Holder and included as an Additional Insured on the
Comprehensive General Liability Policy. Current, valid insurance policies
meeting the requirement herein identified shall be maintained by Consultant
during the duration of this Agreement. Renewal certificates shall be sent to the
Purchasing Department 30 days prior to any expiration date. There shall be a
thirty (30) day notification to the County in the event of cancellation or
modification of any stipulated insurance coverage.
Consultant shall insure that all sub consultants comply with the same
insurance requirements that he is required to meet. The same Consultant
shall provide the Collier County Purchasing Department with certificates of
insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier County,
its officers and employees from any and all liabilities, damages, losses and costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
the ContractorlVendor/Consu Itant or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any
other rights or remedies which otherwise may be available to an indemnified party
or person described in this paragraph.
--...-.'.- .. _..__._---~,-, ---- .
This section does not pertain to any incident arising from the sole negligence of
the County or the VAB.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered by the
Clerk to the VAB and the Collier County Purchasing Department.
13. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the
attached component parts, all of which are as fully a part of the contract as if
herein set out verbatim: Consultant's Proposal, Insurance Certificate(s), RFP 08-
5012, "Independent Legal Counsel for Value Adjustment Board".
14. AMENDMENT. This Agreement can only be amended in a writing executed by all
parties in the same manner as this original Agreement.
IN WITNESS WHEREOF, the undersigned parties have each by an authorized person
or agent, hereunder set their hands and seals on the date and year first above written.
DATED: Q-a-3-;mol? BOARD OF COUNTY
COMMI lONER OF
ATTEST: OWJ(3HT E. BROCK, CLERK COLLI COU , FLORIDA
, ," ""
~'11~~I~.A OL. .
By:
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s;,}?\orm
and legalsufficie.ncy:
,t., """"
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Assistant Count torney
-S 2. 1010 \ rt. <2.. ,,\ pE L {>i ~C::>
WITNESSES: COLLIER COUNTY DISTRICT
SCHOOL BOARD
(1 ) 1Jjf\ By:
Signature . Spencer, Financial Officer
printed/TTed Name
(2) fl.) J\
Signature Item# \ le f.3
Printed /Typed Name Agenda 9-~
Date
~~~il'--(r?Jii'
.---- "--'. ---~--~- '_'n~__~'__ -~-'-
<-
WITNESSES: LTANT
NECK & KING, P.A.
(1) ...
ign re Signature
, ~ c.. l-I-am;)t'Cln . Joseph McMackin III, Member
Printed yped Name Typed signature and title
(2) ~l /. Ok-t"uA.. 'z &:~ c./i:---eA: .'-'C'^-.,
Signature
~.{ltJVLi c.,-.-" L ~~. cr'k n I~ CORPORATE SEAL
Printed/Typed Name (Corporation only)
!\em # \la8
~~:da Y---'2f;-l':!
:~ -'a3 t) ~
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--~-.- - - - -.._._~_._._----_.__._-~--"-'--'.,---,-
ACORD,. CERTIFICATE OF LIABILITY INSURANCE 19~~T;[;;';~~YYY[
PRODUCER phone: 315-451-1500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
, , ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Haylor: I . Freyer & Coon, Ine - HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
231 Sallna Meadows Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 4743 ~
Syracuse NY 13221-4743 1
_____ ________ _______~___ ___ IN!;UR~RSAFFORDINGCOVERAGE __ NAJ<:iI___
INSURED INSURER~TraY~J.erp IndeJIlJlity COIDDany 5000
Bond Schoeneck & King PLLC I INSURERS f
ATTN: Kelly Johnson ~ - - -- ----
. . INSURER C
One Llncoln Center -- --- - -~ - ---- ----=i-- --- ----
Syracuse NY 13202 3~l,l,~Ef3~_ --- -----,.-------- ------
I INSURER E:
COVERAGES
THE l:'OLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AllOVE [<,OR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCl~ENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTATN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT ~o ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGAT~LIM~T~ SHOWN HAY HAVE BEEN REDU~ED BY PAID CLAIMS.", __
I~~:f.~~'~, .-- ~-~--_..- - POLlCYNUMB;~- POLlCYEFFECTIVETpOLlCYEXPIRATION I -- -~--.'-LlMIT~------ --~
A ~ENERALLlABILlTY P63 03 8 90C715IND07 4/23/2008 :4/23/2009 I EAc:_I:lQ~YRRt:NCE:_" _ .J 1 000. 00_0,_____
ii' I, ; DAMAGE TO RENTED
I.X."I C ,OM, M, ERCIALGE N ERA,ce"lABILlTY, c-!'.,'R"E~',M.',SES rEil",ccur"".,,".'_ .$""lD~
I I C!
_l......-' CLAiMS MADE lX_ i OCCUR ~~I?E><:'P(AnyonepE!r~on) $ 5 000 --
d ---==-_~__=-=.::::= · I ::::~:~~~::~~:ERY ~': 000 . 00 [J-
I '__~'LAGGRE~ELlMITAPPLlE~PER I ,PROD!:JgTS.CO~P/OPA(3G_ $ 2 _000.000
, I POLICY I I PRO- ! iLOC I
,_~OMOBILELIABILlTY , I COMBINEDSINGLE~IMIT ~
.__ : ANY AUTO 1 I I (:aaCCldent) _ ~_
ALL OWNED AUTOS I I BODILY INJURY S
8 SCHEDULED AUTOS (Per person)
., ~ - - --------
~ HIREDAUTOS BODILYINJURY i $
: i_ NON-OYVNEOAUTOS .(perilCGId~.__I____ -~
, [ I
i _----j __ ------- PROPFRTY DAMAGE $
(Peraccldenl)
~~~GELIABILITY : i AUTCl:gNLY.~AACCIDENT $ ._n~
L: ANY AUTO OTHER mAN ~_A~ ~--
I . AUTO ONLY: AGG S
EXCE55/UMB ",. ELLA LIABILITY EACH OCCURRENCE ~__ ~_.. __ __
~J OCCUR _~ CLAIMS MADE 0GGREGATE _ _ - ~ ~ --- - .-- --
r------l 1-- - -- '--
l--j ::~~~;I~~E S -- --~-- --: __n___
A ,'I WORKERS COMPENSATION AND PJUB3890C71508 '4/23/7.008 14/23/2009 ~.IWQbntJI~~ I IOlaH~ -~---
EMPLOYERS' LIABILITY ,- L~..1. . -----
I ANY I'ROPRIETOR/PARTNERJEXECUTIVE I 1:.~E.Ac:.tl ACCIDENT ,~QQQ.Q..._.-
OFFICER/MEMBER EXCLUDED? ' i E.L, DISEASE -EAEMPLOY:~I ~ ~~?_ 0.0 0
: ~~~~I~~~~O~I~I~NSbeIOW I ~~n-;;EASE-P~~CYLlMiT-: S c;nnOO-Onn------
1 OTHER I I 'I
DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
'oIlier County Board of County Commissioners Purchasing Department is included as additional insured as respects to the
insured's operations.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE 'rm: EXPIRATION DATE THEREOF, THE ISSUING INSURER
Cullier County Board of County CommisRioners WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
purchasing Department CERTIFICATE HOLDER NAMED TO THE LEFT, B~T FAILURE TO DO SO
3301 Tamiami Trail East, Bldg "G" SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
Naples FL 3411? THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ! r r-"
..'__-!.'.:~"' ,J .6.,~J" ,/
ACORD 25 (2001/08) @ACORDCORPORATION1988
-_.-_.~ --..-..---,-- ",,'-
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the pOlicies listed thereon.
ACORD 25 (2001/08)
.~,-,,_.._-_. . -,,,.-- '~--'- ---"~, .~.....~--"-.._-,-'.__.~~.__._-~--
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDOIYYYY)
9/17/2008
PRODUCER Phone: 315~474~3374 Fax: 315-474-7039 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown & Brown - Empire State ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
500 Plum Street, Ste. 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_
Syracuse NY 13204
INSURERS AFFORDING COVERAGE NAIC#
------ -------~-, ,.---- --------.------ .----..---. ~_...-_.._- -- ---_._~-_.-
INSURED !~I,!!3ER~~'l'ravel.ers pronerty_ CasJlaltv C9 ~ti......-_ __~
Bond, Schoeneck & King, PLLC
One Lincoln Center Jt:lSURER B; ___ -------..-.-- ------ ----
Syracuse NY 13 2 02 INSURERC: ----------------. --~-_._--- 1---
INSURER 0" -- ---,-------------- 1------,-
INSURERE:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFRI0D INDICATED.
NOTWITHSTANDING ]\NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT '1'0 WHICH THIS
CERTIFICA7E MAY BE ISSUED OR MAY PERTAIN, THE INSU~~CE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INs"Fi pO' . POLICY EFFECTIVE POLICY EXPIRATION LIMITS
POLICY NUMBER
~.ENERAl LIABiliTY EACH OCCURRENCE S
-OAMAGE TO RENTED , ---.-.-------
COMMERCIAL GENERAL LIABILITY i PR!;M.I~E;S (Ea 9~_{:\l_~nclll-----L!..,,_
~ -~I CLAIMS MADE =:J OCCUR I MED EXP (Any one pers~,n) $ ----
,- ~ FRSONAL &ADV INJUR'( S
f-:NERACAGGREGA>E S
PROpUCTS-COMPIOPAGG_ $
, POLICY lOC I
A AUTOMOBilE LIABILITY BA2866C98707 4/23/2008 4/23/2009 ~B1"DS'NGLELlMIT '1 000 000
ANY AUTO (Eaace,denl) ,"
_ ___~__I.____ .....__m_
All OWNED AUTOS I BODILY INJURY I $
I SCHEDULED AUTOS ;_~~~rper~on) ____~_._
X : HIRED AUTOS ~DIL Y INJURY "
X NON-OWNED AUTOS (per accident) I
-----
,--- ' PROPERTY DAMAGE: S
i(Pf!rllccident)
GARAGE LIABILITY :. AUTO O~! - EA AC12IDENT ___ ,
! ANY AUTO OTHER THAN EAACC i $
Ii AUTO ONLY AGG I $
A i EXCESS/UMBRELLA LIABILITY PSMCU?2866C98707 4/23/2008 14/23/2009 f-HOCCURRENCF _ '5.QOO 000
'] ~
~K__ OCCUR U CLAIMS MADE I A~~EGAT~_ IS 5.000.000
I I ____~_ S
I' DEDUCTIBLE -- $
, RETENTION S ,
WORKERS COMPENSATION AND 1 T~~~TATU. OTH-
--'
EMPLOYERS' LIABILITY r: E:"'~ - EACHACCIDEN~ --.--
: ANY PROPRIETOR/PARTNER/EXECUTIVE I $ -----~
, OFFICERlMEMBEREXClUOEO? i ' E,L OISEASE-EAEMPLOYEE 1__
'If yes, describe under
SPECIAL PROVISIONS below E.l. DISEASE - POLICY LIMiT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS !VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
ERTIFICATE HOLDER IS ADDITIONAL INSURED UNDER AUTOMOBILE.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIE~ BE CANCELLED
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL lO DAYS WRITTEN NOTICE TO THE
PURCHASING DEPT CERTI?ICATE HOLDER Nk~ED TO THE LEFT, BUT FAILURE TO DO SO
ATTN: MICHAEL F HAUER PURCHASING SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
ACQUISITIONS MGR THE INSURER, ITS AGENTS OR REPRESENTATIVES.
3301 TAMIAMI TRIAL EAST, BLDG G
NAPLES, FL 34112 AUTHORIZED REPRESENTATIVE
.<:Y-YV'Y c..4'__c,<(
ACORD 25 (2001/08) @ACORD CORPORATION 1988
_._-,-" --".---_. .~..- _...~---"-_.~...._- ---------- --,,----
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
~H~' _m._ ----- -.-.. --.....-
--------."".-----...-------..--- ----- ------_._._-~".~- ---- "
ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY)
0911712008
---...- , ---
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
*MARSH USA, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
507 PLUM STREET, SUITE 110 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
SYRACUSE, NY 13204 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
022539-5M-- INSURERS A~~~.D,ING COVERAGE,______' N_AIc:.!....__ . --I
L.____ .~__ - , INSURER A Columbia Casualty compan.~______J 31127 I
INSURED
BOND, SCHOENECK & KING. PLLC
BOND, SCHOENECK & KING. PA INSURERB: =L- I
ATTN: KELLY JOHNSON ~URERC _ --------...-.----.-
ONE LINCOLN CENTER
SYRACUSE. NY 13202 --- .~
INSURERD
I -- I
INSURERE
L..._____.
COVERAGES------- ----.--- --------..-- --. --1 .-~
THE pOLjCi~OF--iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM-m ABOVE FOR THE POLICY PERIOD INDICA TED
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
NSR ADD'~ TYPE OF tNSURANCE .------ pOLICY EfF-EC';-jVEPOLICYEXPIRA;-ic)N--'--~--'--~--~------~-
LTR INSR POLICY NUMBER i DATE (MMIDOIYV) I DATE (MMJDOIYY) LIMITS
; GENERAL LIABILITY EACH OCCURRENCE
DAMA-GE TORENtED --: ---------~-~---
COMMERCIAL GENERAL LIABILITY PRE;MISES1Ea o~L1r~~___,,__
-------+--___ CLAIMS MADE D OCCUR MED EXP (My,,,, P'"'"ti$. _________
j----- _.__w_____~." ,,~ERSONAL & ADV IN~~Y $ _,,_. _ ___
-- GENERAL AGGREGATE $
GENERAL AGGREGATE LIMIT APPLIES PER: "~~gE~S:~~~:~?~_PIOPAG~$ ~--':
POLICY PRO lac
JEeT
I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1$
--: ANY AUTO I (EaflcCidemt) I
- ALL OWNED AUTOS BODILY INJURY--'--"'$ ____J
SCHEDULED AUTOS (Per person)
-I .-
,
HIREDAU"OS BODILY INJURY $
NON-OWNFDAU1OS (Peraccidenl)
-"--_._,,.~..
PROPERTY DAMAGE $
-..-- .-- (PerOlccldent)
; GARAGE LIABILITY AUTO ONL! - EA A?CIDENT $
A'N AUTO OTHER THAN i::AACC $
AUTO ONLY $
AGG
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
[::-1 .------- ----
OCCUR CLAIMS MADE I AGGREGATE $
DEDUCTIBLE f=-- - ----==-:
~_ _~_...._L...."
~_I,':;);~m~,uaJ~ ___
:L EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE _~-~-;S~ASE - EA~MPloYEl ~_ . _______
OFFICER/MEMBER EXCLUDED?
i ~~~~I~Ls~~~~;S~ONS l)elow L.L lJlSEASE - POLICY lIM;T $
IA OTHER I 08115109 I NOT LESS THAN $5.000,000
PROFESSIONAL INDEMNITY PS132345145 08115108
I EACH CLAIM
, i i
: DESCRIPTION OF OPERAT10NSILOCATIONSNEHICLESIEXCLUS10NS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
!
--_.,,- ------~ ----. --------" ------------ ,.-.-,-
CERTIFICATE HOLDER NYC-002996246-0 1 CANCELLATION
I~--- - . "---~'-'-l
I SHOULD ANY OF THE ABOVE OESCRIBED POUCIES BE CANCELLED BEFORE THE
I COLLIER COUNTY SOARD OF EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
COUNTY COMMISSIONERS PURCHASING DEPT, ~ DAYS WRITTEN NonCE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, !
ATTN: MICHAEL HAUER
3301 TAMIAM! TRAIL EAST, SLOG "G" BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR L1ABIUTY OF ANY KINO
, NAPLES, FL 34112 THE OR REPRESENTATIVES.
UPON INSURER, '" AGENTS
A~m~~~E8l..H~c~SENTATIVE a..KI~
Kimberly A. Winter
AcORD 25 (2661105) -- -,,--~ -~- 0 ACORD CORP-ORATION1988'
-----~ "-"'---' '_______._n_ ~."--,~_.._._.. ---
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer{s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Acord 25 (2001108) Reverse of Page 1
'-~. -,-- _'"<'H ._~---~-_.,'-- -..- .n_...._'.__
REQUEST FOR PROPOSAL
Co~r County
-- ~ ..-
-
-<1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
OFFICE OF THE COUNTY ATTORNEY
"INDEPENDENT lEGAL COUNSEL
FOR THE COLLIER COUNTY
VALUE ADJUSTMENT BOARD"
Michael F. Hauer, CPPO, CPPB
Purchasing Acquisitions Manager
This proposal solicitation document is prepared in a Microsoft Word 2003 format. Any alterations to this
document made by the proposer may be grounds for rejection of proposal, cancellation of any
subsequent award, or any other legal remedies available to the Collier County Government.
NON-CeNA-Manual (Revision 6/2008)
-.--.---....- ...- +.--- ---'.'-"-- ----.------.---
LEGAL NOTICE
Pursuant to approval by the County Manager, Sealed Proposals to provide Independent
Legal Counsel for the Collier County Value Adjustment Board will be received until 3:00
p.m., Naples local time, on July 24, 2008 at the Purchasing Department, Purchasing
Building "G", Collier County Government Complex, 3301 Tamiami Trail East, Naples,
Florida 34112.
RFP# 08-5102
"Independent Legal Counsel for the Collier County Value Adjustment Board"
Services to be provided are clearly denoted in this solicitation document.
~ A pre-proposal conference is not applicable for this solicitation.
All statements shall be made upon the official proposal form which may be obtained on
the Collier County Purchasing Department E-Procurement website:
www.collierqov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national
origin, disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: ISI Stephen Y. Carnell. C.P.M.
Purchasing & General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.collierqov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier
County Government Center on June 25, 2008.
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PROPOSER'S NON-RESPONSE STATEMENT
RFP# 08-5102
The sole intent of the Collier County Purchasing Department is to issue solicitations that
are clear, concise, and openly competitive. Therefore, we are interested in ascertaining
reasons for prospective Proposers not wishing to respond to this solicitation.
If your firm is not responding to this RFP, please indicate the reason(s) by checking any
appropriate item(s) listed below and return this form via email, fax, or mail to Collier
County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this RFP for the following reason(s):
0 Services requested not available through our company.
0 Our firm could not meet specifications/scope of work.
0 Specifications/scope of work not clearly understood or applicable (too vague,
rigid, etc.)
0 Project too small.
0 Insufficient time allowed for preparation of response.
0 Incorrect address used. Please correct mailing address:
0 Other reason(s):
Name of Firm:
Mailing Address:
City, State, Zip:
Telephone No:
Email:
By:
Signature of Representative
NON-CCNA-Manual (Revision 6/2008) 3
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TABLE OF CONTENTS
1) Introduction/Overview..................................................................................................6
A) Purpose/Objective...................................................................................................6
B) Background.............................................................................................................6
C) Inquiries................................................................................................................... 7
D) Method of Source Selection .......................................__...........................................7
E) Pre-Proposal Conference........................................................................................ 7
F) Projected Timetable ... ......... ......................... ........... ................... ........... ................ ...8
2) General Description of Specifications or Scope of Work .__..........................................8
3) Constraints on the Contractor.... ........ ............. ................................ ...... .......................8
4) Contractor's Personnel Requirements. ........... ........... ......... ......... ......... ....... ................8
5) Contractor's Responsibilities.......................................................................................9
6) County's Responsibilities.............................................................................................9
7) Reporting Requirements.......,............,.......,...........................................,.....................9
8) County's Right to Inspect.............................................................................................9
9) Terms and Conditions of Contract .............................................................................10
10) General Terms and Conditions................................................................................10
A. Licenses.................................................................................................................1 0
B. Principals/Collusion.......,...........,........................................................................... .11
C.Taxes............................................................................................,........................11
D. Relation of County .................................................................................................11
E. Term Contracts ......................................................................................................11
F. Termination '.....................'.....................................................................................11
G. Liability........................ .......... ........... ................. ..... ........... .... .................. ...... ........12
H. Assignment........................................................................................................... .12
I. Lobbying................................................................................................................. .12
J. Single Proposal..................................................................................................... .12
K. Protest Procedures ................ ............. ................. ......... ...... ..... ......... ..... ................12
L. Public Entity Crime .................................................................................................13
M. Conflict of Interest ................................,................................................................13
N. Prohibition of Gifts to County Employees ..............................................................13
O. Immigration Reform and Control Act .....................................................................14
P. Collier County Local Preference Policy...... ............................................. ...13
11) Instructions for Proposal........ ................................... ...............................................15
A) Compliance with the RFP ......................................................................................15
B) Acknowledgment of Insurance Requirements .......................................................15
C) Acknowledgment of Bonding Requirements..........................................................16
D) Delivery of Proposals.............................................................................................16
E) Evaluation of Proposals (Procedure) ..................__......____.____.__...............................17
F) Ambiguity, Conflict, or Other Errors in the RFP .....................................................18
G) Proposal, Presentation, and Protest Costs............................................................18
H) Acceptance or Rejection of Proposals................................................................... 18
I) Requests for Clarification of Proposals ...................................................................18
J) Validity of Proposals.....................................................__........................................19
K) Response Format ..................................................................................................19
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L) Proposal Selection Committee and Evaluation Factors .........................................21
ATTACHMENTS
Value Adjustment Board Attorney Agreement
Proposer Check List
Conflict Of Interest Affidavit
Proposers Qualification Form
Declaration Statement
Affidavit Claiming Status as a Local Business
NON-CCNA-Manual (Revision 6/2008) 5
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Request for Proposals
RFP# 08-5102
"Independent Counsel for the Collier County Value Adjustment Board"
1) Introduction/Overview
A) Purpose/Objective
As requested by the Office of the County Attorney and the District School Board
(hereinafter, the "Office, Board, Division or Department") on behalf of the Value
Adjustment Board, the Collier County Purchasing Department (hereinafter, "County")
has issued this Request for Proposal (hereinafter, "RFP") with the sole purpose and
intent of obtaining proposals from interested and qualified individuals offering to provide
Independent Counsel for the Collier County Value Adjustment Board in accordance with
the specifications stated and/or attached herein/hereto. The successful proposer will
hereinafter be referred to as the "Independent Counsel".
If awarded, an Agreement to provide these services will be effective on the date
contract is approved by the Value Adjustment Board (herein after, the VAB), signed by
all required parties and filed in the Office of Records and Minutes. The anticipated
Agreement term will be for the Value Adjustment Board meetings for the 2008 Value
Adjustment Board calendar year. Additionally, and by mutual consent, this Agreement
may be renewed annually thereafter for each consecutive VAB calendar year upon
written notice by the Value Adjustment Board to the Independent Legal Counsel prior to
the expiration of this Agreement for two (2) one (1) year terms.
As is more fully explained in this RFP, an award, if made, will be made to the best
overall proposer(s) whose proposal is most advantageous to the County, taking into
consideration the evaluation factors set forth in this RFP. The County will not use any
other factors or criteria in the evaluation of the proposals received.
Additionally, if authorized by their own enabling authority, other interested governmental
entities may, at their option and the option of the Contractor, enter into their own
Agreement with the Independent Legal Counsel in accordance with the terms,
conditions, and other provisions of the Collier County contract. However, Collier County
shall not be a party to any contract between another governmental entity and the
Contractor based on the Collier County contract.
B) Background
Florida State Statute 194.015 Value adjustment board.--There is hereby created a
value adjustment board for each county, which shall consist of three members of the
governing body of the county as elected from the membership of the board of said
governing body, one of whom shall be elected chairperson, and two members of the
school board as elected from the membership of the school board.
NON-CeNA-Manual (Revision 6/2008) 6
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The members of the board may be temporarily replaced by other members of the
respective boards on appointment by their respective chairpersons. Any three members
shall constitute a quorum of the board, except that each quorum must include at least
one member of said governing board and at least one member of the school board, and
no meeting of the board shall take place unless a quorum is present. Members of the
board may receive such per diem compensation as is allowed by law for state
employees if both bodies elect to allow such compensation. The clerk of the governing
body of the county shall be the clerk of the value adjustment board. The office of the
county attorney may be counsel to the board unless the county attorney represents the
property appraiser, in which instance the board shall appoint private counsel who has
practiced law for over 5 years and who shall receive such compensation as may be
established by the board. No meeting of the board shall take place unless counsel to
the board is present. However, counsel for the property appraiser shall not be required
when the county attorney represents only the board at the board hearings, even though
the county attorney may represent the property appraiser in other matters or at a
different time. Two-fifths of the expenses of the board shall be borne by the district
school board and three-fifths by the district county commission.
C) Inquiries
Direct questions related to this RFP to the Collier County Purchasing Department E-
Procurement website: www.collierqov.netlbid.
Proposers must clearly understand that the only official answer or position of the County
will be the one stated on the Collier County Purchasing Department E-Procurement
website. For general questions, please call the referenced Purchasing Officer at (239)
252-8965.
D) Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection
for this procurement, as authorized by Ordinance Number 87-25, and Collier County
Resolution Number 2006-268 establishing and adopting the Collier County Purchasing
Policy.
The County may, as it deems necessary, conduct discussions with responsible
proposers determined to be in contention for being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to solicitation
requirements.
E) Pre-Proposal Conference
~ A pre-proposal conference is not applicable for this solicitation.
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F) Projected Timetable
The following projected timetable should be used as a working guide for planning
purposes only. The County reserves the right to adjust this timetable as required during
the course of the RFP process.
Issue RFP Notice June 25, 2008
Last Date for Recei t of Written Questions Jul 17,2008
Pre-Proposal Conference Not Applicable
Addendum Issued Resulting from the Pre-Proposal Conference Not Applicable
(If Ap Iicable)
Proposal Close Date Jul 24, 2008
Evaluation of Proposals July 24 - August 4,
2008
Value Adjustment Board's Selection Process August 4, 2008
Value Ad'ustment Board Contract A proval Date To Be Determined
2) General Description of Specifications or Scope of Work
The Independent Counsel, at a minimum, must achieve the requirements of the
Specifications or Scope of Work stated herein. Additionally, Independent Counsel may
also propose alternate solutions to achieve the requirements of the Scope of Work.
3) Constraints on the Independent Counsel
These constraints include:
The selected attorney/firm shall not have a conflict in representation. In this regard, no
attorney/firm may ever represent a person or entity in a matter before the Board if that
attorney/firm is also counsel for the Board in question. Likewise, a Board attorney/firm
may not represent the interests of an individual Board member during the period the
attorney/firm serves as counsel to the Board.
4) Independent Counsel's Personnel Qualifications
Independent Counsel's personnel qualifications include:
Admission to practice law in the State of Florida by the Florida Supreme Court/Florida
Bar Association Membership is mandatory for the proposer including all attorneys
working under this contract. Anyone not so qualified shall be rejected as non-qualified.
Proposers must have familiarity with and knowledge of appropriate ordinances for the
Code Enforcement and Nuisance Abatement Board, as well as Chapters 119 and 162
NON-CeNA-Manual (Revision 6/2008) 8
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F.S. and County ordinances, Experience with quasi-judicial boards or proceedings,
other governmental entities and/or other administrative proceedings are required.
5) Independent Counsel's Responsibilities
Independent Counsel's responsibilities include:
. Attend all Value Adjustment Board meetings and advise the Board on legal issues
that arise during meetings. Currently the Board has 3 meetings including its
annual organizational meeting in July.
. Schedule all Board meetings.
. Prepare meeting agendas and agenda materials for each member, which may
include proposed rule amendments, legislative updates, or any other documents
necessary for the conduct of the meeting or to inform to the Board, [The Clerk is
responsible for the preparation of the special magistrate recommendations for the
agenda.]
. Review Special Magistrate Recommendations and Record Decisions for legal
sufficiency.
. Oversee the tax petition process and Special Magistrate hearings and coordinate
with the VAB Clerk, Special Magistrates and Property Appraiser staff, as may be
necessary to insure that the process is operating properly and in accordance with
State statute and rule, as well as local VAB procedure and directive. As part of
this oversight, the VAB attorney will review and respond to petitioner complaints or
questions regarding any aspect of the process, such as Special Magistrate
conduct or application of a VAB rule of procedure. It is not expected that he VAB
Attorney attend all Special Magistrate hearings, but occasional oversight is
requested.
. Inform the Board of alllegislatjve measures affecting the assessment and taxation
of real property and the VAB hearing process,
. Review and propose amendments to VAB Rules of Procedure as necessary to
incorporate state changes in law and administrative rules, and VAB directives.
. Prepare resolutions for the Board necessary to the process.
. Such other tasks as may be assigned by the Board.
6) County's Responsibilities [Not Applicable]
7) Reporting Requirements
As determined by the Value Adjustment Board.
8) County's Right to Inspect [Not Applicable]
NON-CCNA~Manual (Revision 6/2008) 9
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9) Terms and Conditions of Agreement
Collier County has developed an Agreement, approved by the VAB, which is included in
this solicitation document. The selected Independent Legal Counsel shall be required to
sign a VAB Agreement, in substantial conformance with the attached agreement within
twenty one (21) days of Notice of Selection for Award.
An Agreement resulting from this RFP shall be subject to the terms and conditions set
forth in the Independent Legal Counsel Agreement.
The County reserves the right to include in any Agreement document such terms and
conditions, as it deems necessary for the proper protection of the rights of Collier
County. The County will not be obligated to sign any contracts, or agreements or other
documents provided by the Independent Legal Counsel.
Collier County, at its sole discretion, will determine the method of payment for goods
and/or services as part of this agreement.
Payment methods include:
1. Traditional- payment by check, wire transfer or other cash equivalent.
2. Standard - payment by purchasing card. Collier County's Purchasing Card
Program is supported by standard bank credit suppliers (i.e. VISA and
MasterCard), and as such, is cognizant of the Rules for VISA Merchants and
MasterCard Merchant Rules.
Collier County cautions Vendors to consider both methods of payment when
determining pricing as no additional surcharges or fees will be considered (per Rules for
VISA Merchants and MasterCard Merchant Rules). The County will entertain bids
clearly stating pricing for standard payment methods. An additional separate
discounted price for traditional payments may be provided at the initial bid submittal if it
is clearly marked as an "Additional Cash Discount."
10) General Terms and Conditions
A. Licenses
The Contractor is required to possess the correct occupational license, professional
license, and any other authorizations necessary to carry out and perform the work
required by the project pursuant to all applicable Federal, State and Local Law, Statute,
Ordinances, and rules and regulations of any kind. If required and/or requested, copies
of the required licenses must be submitted with the proposal response indicating that
the entity proposing, as well as the team assigned to the County account, are properly
licensed to perform the activities or work included in the contract documents. A
Contractor, with an office within Collier County is also required to have an occupational
license.
NON-CCNA-Manual (Revision 6/2008) 10
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If you have questions regarding professional licenses, please contact the Contractor
Licensing, Community Development and Environmental Services at (239) 252-2431,
252-2432, or 252-2909. Questions regarding required Occupational licenses, please
contact the Tax Collector's Office at (239) 659-5712.
B. Principals/Collusion
By submission of this Proposal, the undersigned, as Proposer, does declare that the
only person or persons interested in this Proposal as principal or principals is/are
named therein and that no person other than therein mentioned has any interest in this
Proposal or in the contract to be entered into; that this Proposal is made without
connection with any person, company or parties making a Proposal, and that it is in all
respects fair and in good faith without collusion or fraud.
C. Taxes
Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier
County Use Tax Certificate Number is 85-8012621830C-2.
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.
No markup shall be applied to sales tax.
D. Relation of County
It is the intent of the parties hereto that the Contractor shall be legally considered an
independent contractor, and that neither the Contractor nor their employees shall, under
any circumstances, be considered employees or agents of the County, and that the
County shall be at no time legally responsible for any negligence on the part of said
Contractor, their employees or agents, resulting in either bodily or personal injury or
property damage to any individual, firm, or corporation.
E. Term Contracts
If funds are not appropriated for continuance of a term contract to completion,
cancellation will be accepted by this Contractor on thirty (30) days prior written notice.
F. Termination
Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County, the County may terminate this Agreement immediately for
cause; further the County may terminate this Agreement for convenience with a seven
(7) day written notice. The County shall be sole judge of non-performance.
NON-CeNA-Manual (Revision 6/2008) 11
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G. Liability
The Contractor will not be held responsible for failure to complete contract due to
causes beyond its control, including, but not limited to, work stoppage, fires, civil
disobedience, riots, rebellions, Acts of Nature and similar occurrences making
performance impossible or illegal.
H. Assignment
The Contractor(s) shall not assign, transfer, convey, sublet or otherwise dispose of this
contract, or of any or all of its rights, title or interest therein, or his or its power to
execute such contract to any person, company or corporation without prior written
consent of the County.
I. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does
not wish to be lobbied, either individually or collectively about a project for which a firm
has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such
purposes as meeting or introduction, luncheons, dinners, etc. During the process, from
Proposal closin~ to final Board approval, no firm or their agent shall contact any
other employee of Collier County in reference to this Proposal, with the exception of the
Purchasing Director or his designee(s). Failure to abide by this provision may serve as
grounds for disqualification for award of this contract to the firm.
J. Single Proposal
Each Proposer must submit, with their proposal, the required forms included in this
RFP. Only one proposal from a legal entity as a primary will be considered. A legal
entity that submits a proposal as a primary or as part of a partnership or joint venture
submitting as primary may not then act as a sub-consultant to any other firm submitting
under the same RFP. If a legal entity is not submitting as a primary or as part of a
partnership or joint venture as a primary, that legal entity may act as a sub-consultant to
any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
K. Protest Procedures
Any actual or prospective Proposer to a Request for Proposal, who is aggrieved with
respect to the former, shall file a written protest with the Purchasing Director prior to the
due date for acceptance of proposals. All such protests must be filed with the
Purchasing Director no later than 11 :00 a.m. Collier County time on the final published
date for the acceptance of the Request for Proposals.
NON-CeNA-Manual (Revision 6/2008) 12
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The Value Adjustment Board will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on
Wednesdays and Thursdays. Any actual or prospective respondent who desires to
formally protest the recommended contract award must file a notice of intent to protest
with the Purchasing Director within two (2) calendar days (excluding weekends and
County holidays) of the date that the recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the
formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing
Director.
L. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building
or public work; may not submit bids, proposals, or replies on leases of real property to a
public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months following the date of being
placed on the convicted vendor list.
M. Conflict of Interest
Proposer shall complete the Conflict of Interest Affidavit included as an attachment to
this RFP document.
Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a firm from consideration. These disclosures are
intended to identify and or preclude conflict of interest situations during contract
selection and execution.
N. 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, the current Collier County Ethics Ordinance, 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
NON-CeNA-Manual (Revision 6/2008) 13
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quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
O. Immigration Reform and Control Act
Proposer acknowledges, and without exception or stipulation, any firm(s) receiving an
award shall be 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. Failure by the awarded firm(s) to comply
with the laws referenced herein shall constitute a breach of the award agreement and
the County shall have the discretion to unilaterally terminate said agreement
immediately.
P. Collier County Local Preference Policy
Collier County provides an incentive to local business to enhance the opportunities of
local businesses in the award of County contracts. In the evaluation of proposals, the
County rewards Proposers for being a local business by granting a ten (10) points
incentive in the evaluation criterion points.
Definition of Local Business
A "local business" is defined as a Collier County business that has a valid occupational
license issued by Collier County at least one year prior to bid or proposal submission to
do business within Collier County that authorizes the business to provide the
commodities or services to be purchased, and a physical business address located
within the limits of Collier County from which the vendor operates or performs business.
Post Office Boxes are not verifiable and shall not by used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and
well-being of Collier County in a verifiable and measurable way. This may include, but
not be limited to, the retention and expansion of employment opportunities, the support
and increase to the County's tax base, and residency of employees and principals of the
business within Collier County. Vendors shall affirm in writing their compliance with the
foregoing at the time of submitting their bid or proposal to be eligible for consideration
as a "local business" under this section.
Documentation Requirements
Proposer must complete and submit with their proposal response, the Affidavit for
Claiming Status as a Loca/ Business which is included as part of this solicitation.
Failure on the part of a Proposer to submit this Affidavit with their proposal response will
preclude said Proposer from being considered for preference on this solicitation.
NON-CCNA-Manual (Revision 6/2008) 14
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Collier County's Remedy for Misrepresentation
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid
submitted to the County will lose the privilege to claim Local Preference status for a
period of up to one year.
11) Instructions for Proposal
A) Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all
provisions of the RFP may result in disqualification.
B) Acknowledgment of Insurance Requirements
By signing the Insurance Requirements included in this RFP, Proposer acknowledges
these conditions include Insurance Requirements.
It should be noted by the Proposer that, in order to meet the County's requirements,
there may be additional insurance costs to the Proposer's firm. It is, therefore,
imperative that the proposer discuss these requirements with the Proposer's insurance
agent, as noted on the Insurance Check List, so that allowances for any additional costs
can be made by the Proposer.
The Proposer's obligation under this provision shall not be limited in any way by the
agreed upon contract price, or the Proposer's limit of, or lack of, sufficient insurance
protection.
Proposer also understands that the evidence of required insurance may be required
within five (5) business days following notification of its offer being accepted; otherwise,
the County may rescind its acceptance of the Proposer's proposal.
The specific insurance requirements for this solicitation are:
A. Commercial General Liability: Coverage shall have minimum limits of
$500,000 Per Occurrence, Combined Single Limit of Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations;
Independent Consultants; Products and Completed Operations and
Contractual Liability.
B. Worker's Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
C. Professional Liability: Coverage shall have minimum limits of $1,000,000.
NON-CeNA-Manual (Revision 6/2008) 15
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Special Requirements: Collier County and the Value Adjustment Board shall be
listed as the Certificate Holder and included as an Additional Insured on the
Comprehensive General Liability Policy. Current, valid insurance policies
meeting the requirement herein identified shall be maintained by Consultant
during the duration of this Agreement. Renewal certificates shall be sent to the
Purchasing Department 30 days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Consultant shall insure that all sub consultants comply with the same
insurance requirements that he is required to meet. The same Consultant
shall provide the Collier County Purchasing Department with certificates of
insurance meeting the required insurance provisions.
C) Acknowledgment of Bonding Requirements
By signing its proposal, and if applicable, Proposer acknowledges that it has read and
understands the bonding requirements for this proposal. Requirements for this
solicitation are checked.
~ Not Applicable
D) Delivery of Proposals
All proposals are to be delivered before 3:00 p.m., Naples local time, on or before
July 24, 2008 to:
Collier County Board of County Commissioners
Purchasing Department
3301 Tamiami Trail East, Bldg. "G"
Naples, Florida 34112
Attn: Michael F. Hauer, CPPO, CPPB
The County shall not bear the responsibility for proposals delivered to the Purchasing
Department past the stated date and/or time indicated, or to an incorrect address by
proposer's personnel or by the proposer's outside carrier. However, the
Purchasing/General Services Director, or designee, shall reserve the right to accept
proposals received after the posted close time under the following conditions:
. The tardy submission of the proposal is due to the following circumstances,
which shall include but not be limited to: late delivery by commercial carrier such
as Fed Ex, UPS, DHL, or courier where delivery was scheduled before the
deadline.
. The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
NON-CeNA-Manual (Revision 6/2008) 16
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Proposers must submit one (1) designated original and nine (9) numbered exact copies
of the proposal (total of 10). Additionally, one (1) proposal submitted on a CD-ROM in
Microsoft Word format is mandatory.
List the Proposal Number on the outside of the box or envelope and note "Request for
Proposal enclosed."
E) Evaluation of Proposals (Procedure)
The County's procedure for selecting is as follows:
1. The VAB shall sit as the Selection Committee to review all proposals submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Purchasing Agent and Project
Manager shall review the proposals received and verify whether each proposal
appears to be minimally responsive to the requirements of the published RFP.
In instances where both the Purchasing Agent and Project Manager be
appointed to the committee as voting members, such meetings shall be open to
the public and the Purchasing Agent shall publicly post prior notice of such
meeting in the lobby of the Purchasing Building at least one (1) day in advance of
all such meetings.
4. The committee members shall review each Proposal individually and score each
proposal based on the evaluation criteria stated herein.
5. Prior to the first meeting of the selection committee, the Purchasing Agent will
post a notice announcing the date, time and place of the first committee meeting.
Said notice shall be posted in the lobby of the Purchasing Building not less than
three (3) working days prior to the meeting. The Purchasing Agent shall also post
prior notice of all subsequent committee meetings and shall endeavor to post
such notices at least one (1) day in advance of all subsequent meetings.
6. The committee will compile individual ran kings, based on the evaluation criteria
as stated herein, for each proposal to determine committee recommendations.
The committee will permit presentations by the proposers at the selection
meeting. The final recommendation will be decided based on review of scores
and consensus of committee.
The County reserves the right to withdraw this RFP at any time and for any reason, and
to issue such clarifications, modifications, and/or amendments as it may deem
appropriate.
NON-CeNA-Manual (Revision 6/2008) 17
"-----""~.._.-.-._-_._- - .. ,,~_.._---._~- --,~._---. --.....-.-.------- _h_
Receipt of a proposal by the County or a submission of a proposal to the County offers
no rights upon the Proposer nor obligates the County in any manner.
Acceptance of the proposal does not guarantee issuance of any other governmental
approvals. Proposals which include provisions requlnng the granting of zoning
variances shall not be considered.
F) Ambiguity, Conflict, or Other Errors in the RFP
If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in
the RFP, Proposer shall immediately notify the Purchasing Agent, noted herein, of such
error in writing and request modification or clarification of the document. The Purchasing
Agent will make modifications by issuing a written revision and will give written notice to
all parties who have received this RFP from the Purchasing Department.
The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission,
or other error in the RFP prior to submitting the proposal or it shall be waived.
G) Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any proposer in the
preparation of its proposal in response to this RFP, nor for the presentation of its
proposal and/or participation in any discussions, negotiations, or, if applicable, any
protest procedures.
H) Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject
any or all proposals, to re-solicit for proposals, if desired, and upon recommendation
and justification by Collier County to accept the proposal which in the judgment of the
County is deemed the most advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities
of any kind, may be cause for rejection. In the event of default of the successful
proposer, or their refusal to enter into the Collier County contract, the County reserves
the right to accept the proposal of any other proposer or to re-advertise using the same
or revised documentation, at its sole discretion.
I) Requests for Clarification of Proposals
Requests by the Purchasing Agent to a proposer(s) for clarification of proposal(s) shall
be in writing. Proposer's failure to respond to request for clarification may deem
proposer to be non-responsive, and may be just cause to reject its proposal.
NON-CeNA-Manual (Revision 6/2008) 18
-----.---,.'. _...,,---- .-.-...-,----. "'--"'--..-- --
J) Validity of Proposals
No proposal can be withdrawn after it is filed unless the Proposer makes their request in
writing to the County prior to the time set for the closing of Proposals.
All proposals shall be valid for a period of one hundred eighty (180) days from the
submission date to accommodate evaluation and selection process.
K) Response Format
The proposal shall be deemed an offer to provide services to Collier County. In
submitting a proposal, the Proposer declares that he/she understands and agrees to
abide by all specifications, provisions, terms and conditions of same, and all ordinances
and policies of Collier County. The Proposer agrees that if the contract is awarded to
him/her, he/she will perform the work in accordance with the provisions, terms and
conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform
to the guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted
and explained the Acceptance of Conditions section of the proposal. However, any
proposal that contains such variances may be considered non-responsive.
Proposals should be prepared simply and economically, providing a straightforward
concise description of the Proposer's approach and ability to meet the County's needs,
as stated in the RFP. All copies of the proposal should be bound and tabbed, preferably
in a three (3) ring binder for uniformity and ease of handling. The utilization of recycled
paper for proposal submission is strongly encouraged.
The items listed below shall be submitted with each proposal and should be submitted
in the order shown. Each section should be clearly labeled, with pages numbered and
separated by tabs. Failure by a proposer to include all listed items may result in the
rejection of its proposal.
1) Tab I, Understanding of Scope of Services
Provide a cover letter, signed by an authorized officer of the firm, indicating the
underlying philosophy of the firm in providing the services stated herein. Include the
name(s), telephone number(s), and email(s) of the authorized contact person(s)
concerning proposal. Submission of a signed Proposal is Proposer's certification that
the Proposer will accept any awards made to him as a result of said submission of the
terms contained therein.
NON-CeNA-Manual (Revision 6/2008) 19
-_.._--_....._..~..--,,------_._-_. ." ---
2) Tab II, Legal Experience and Knowledge
In this tab, include any and all experience in the areas of ad valorem taxation, Florida
Homestead Law, and real estate law. Include the number of years devoted to the
foregoing areas of practice, if any. Include with the Business Plan or as an attachment,
a copy of a report as an example of work product. This should be for one of the projects
listed as a reference.
3) Tab III, Cost of Services to the VAB
Proposers shall submit an offer for the services listed, including the submission of a proposed
fixed, flat annual fee and an alternate hourly rate. No proposed annual fee in excess of fifteen
thousand dollars ($15,000) shall be considered. The V AB reserves the right to select the fee
arrangement it deems most beneficial to the VAB.
Proposed cost of services shall be full compensation for all services, labor, and equipment. All
time spent traveling to and from hearings in excess of one (1) hour will be compensated on an
hourly rate basis.
4) Tab IV, Specialized Expertise of Staff
Attach resumes of all staff members who will be involved in the delivery of services.
The same should be done for any sub-consultants. If sub-consultants are being utilized,
letters of intent from stated sub-consultants must be included with proposal submission.
5) Tab V, References
Provide a listing of references for all previous board related services during the past
three years. The services provided to these clients should have characteristics as
similar as possible to those requested in this RFP. Information provided for each client
shall include the following:
. Client name, address, and current telephone number.
. Description of services provided.
. Time period of the project or contract.
. Client's contact reference name and current telephone number.
Failure to provide complete and accurate client information, as specified here, may
result in the disqualification of your proposal.
The County reserves the right to contact any and all references to obtain, with limitation,
ratings for the following performance indicators which include:
. On a scale of 1-10, with 1 being very dissatisfied and ten exceeding your
every expectation, how satisfied were you with the firm's performance?
. How did they conduct their hearing preparations?
NON-CeNA-Manual (Revision 6/2008) 20
---~._".._". - ---,.....-...--.-..-......---..- -_..,,~~._-~
. What do you believe were shortcomings or that they could have done better?
. Did they meet your schedule requirements?
. How were their communications? What was the quality of their written
findings of fact/recommendations?
. Did they submit their recommendations in a timely manner?
. Would you use this firm again?
. Additional comments
A uniform sample of references will be checked for each Proposer. Proposers will be
scored on a scale of 1 to 10, with 10 being the highest possible score. This score will
also be used in determining the score to be given to the "past performance" evaluation
factor for each proposal.
6) Tab VI, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to
insurance requirements or any other requirements listed in the RFP. If no exceptions
are indicated in this tabbed section, it will be understood that no exceptions to these
documents will be considered after the award, or if applicable, during negotiations.
Exceptions taken by a proposer may result in evaluation point deduction(s) and/or
exclusion of proposal for Selection Committee consideration, depending on the extent of
the exception(s). Such determination shall be at the sole discretion of the County and
Selection Committee.
8) Tab VIII, Required Form Submittals
Value Adjustment Board Attorney Agreement
Proposer Check List
Conflict Of Interest Affidavit
Proposers Qualification Form
Declaration Statement
Affidavit Claiming Status as a Local Business
L) Proposal Selection Committee and Evaluation Factors
As previously stated, the VAB shall serve as the Selection Committee to review all
proposals submitted.
NON-CeNA-Manual (Revision 6/2008) 21
,-~,----,-~_.._---'--,
The factors to be considered in the evaluation of proposal responses are listed below.
While the County believes all these items to be of importance, they are ranked and
points applied in descending order of importance.
Legal Experience and Knowledge 45
Past Experience/References 30
Fee Proposal 15
Local Business Preference 10
Total Points 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the
firm with the lowest volume of work on Collier County projects within the last five (5)
years will receive the higher individual ranking. This information will be based on
information provided by the Proposer, subject to verification at the County's option. If
there is a multiple firm tie in either individual scoring or final ranking, the firm with the
lowest volume of work shall receive the higher ranking, the firm with the next lowest
volume of work shall receive the next highest ranking and so on.
NON-CeNA-Manual (Revision 6/2008) 22
. '---~"----.--"-~-
ATTACHMENTS
THIS SHEET MUST BE SIGNED
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
PROPOSER CHECK LIST
IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and
return with your Proposal.
Proposer should check off each of the following items as the necessary action is
completed:
. D The Proposal has been signed.
D All information as requested in the Proposer's Qualification Form is
included.
D All applicable forms have been signed and included
D Any addenda have been signed and included.
D The mailing envelope has been addressed to:
Collier County Board of County Commissioners
Purchasing Department, Building "G"
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Michael F. Hauer, CPPO, CPPB
D The mailing envelope must be sealed and marked with Proposal
Number, Proposal Title and Due Date.
D The Proposal will be mailed or delivered in time to be received no later
than the specified due date and time. (Otherwise Proposal cannot be
considered.)
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER
AND TITLE ON THE OUTSIDE OF THE COURIER PACKET
Company Name
Signature and Title
Date
Email
NON-CCNA,Manual (Revision 6/2008) 23
---~'>._-"'.~.'- -~--._~
CONFLICT OF INTEREST AFFIDAVIT
By the signature below, the firm (employees, officers and/or agents) certifies, and
hereby discloses, that, to the best of their knowledge and belief, all relevant facts
concerning past, present, or currently planned interest or activity (financial, contractual,
organizational, or otherwise) which relates to the proposed work; and bear on whether
the firm (employees, officers and/or agents) has a possible conflict have been fully
disclosed.
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in
writing the Purchasing/General Services Director, or designee, if any actual or potential
conflict of interest arises during the contract and/or project duration.
Firm
Signature Date
Name Printed
Title of Person Signing Affidavit
State of )
County of )
SUBSCRIBED AND SWORN to before me this _ day of ,
20_, by , who is personally known to me to be
the for the Firm, OR who produced the following
identification:
Notary Public
My Commission Expires:
NON-CCNA,Manual (Revision 6/2008) 24
_'._-_.~-,".,_..~---_.,.,--,---- --.--.-..--.
PROPOSERS QUALIFICATION FORM
LIST MAJOR WORK PRESENTLY UNDER CONTRACT:
% Completed Proiect Contract Amount
$
$
$
LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD:
OTHER INFORMATION ABOUT PROJECTS:
Have you, at any time, failed to complete a project? 0 Yes 0 No
STATEMENT OF L1TIATION:
Are there any judgments, claims or suits pending or outstanding Qy or aQainst you?
DYesD No
If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have
been filed by or against your firm in the last five (5) years:
FEES:
List total fees for work done on all Collier County Government projects in the past five (5) years,
whether as an individual firm or as part of a joint venture. Fees must be listed individually by
contract or project and then summarized as a total dollar amount. Attach additional page
if necessary.
$ Total Fees for work done on all Collier County projects
NON-CCNA-Manual (Revision 6/2008) 25
.--.---...-.-------.-- -- -----....-....-- --- -----,,-
REFERENCES:
Bank(s) Maintaining Account(s):
Surety/Underwriter: (if required)
Other References: (Use additional sheets if necessary)
TYPE OF FIRM:
D CorporationNears in Business: . If firm is a corporation, please list state in
which it is incorporated: . If firm is a corporation, by signing this form,
Proposer certifies that the firm is authorized to do business in the State of Florida.
D PartnershipNears in Business:
D Sole ProprietorshipNears in Business:
D Other: Please list:
Pursuant to information for prospective Proposers for the above-mentioned proposed
project, the undersigned is submitting the information as req u ired with the
understanding that it is only to assist in determining the qualifications of the organization
to perform the type and magnitude of work intended, and further, guarantee the truth
and accuracy of all statements herein made. We will accept your determination of
qualifications without prejudice.
Name of Organization:
By:
Title:
Attested By:
Title:
Date:
NON-CeNA-Manual (Revision 6/2008) 26
~_._-_..,._,_._~.,._- . -~-_.~-~'- -
DECLARATION STATEMENT
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: RFP NO. 08-5012, "Independent Legal Counsel for the Collier County
Value Adjust Board"
Dear Commissioners:
The undersigned, as Proposer (herein used in the masculine, singular, irrespective of
actual gender and number) declares that he is the only person interested in this proposal
or in the contract to which this proposal pertains, and that this proposal is made without
connection or arrangement with any other person and this proposal is in every respect
fair and made in good faith, without collusion or fraud.
The Proposer further declares that he has complied in every respect with all the
Instructions to Proposers issued prior to the opening of proposals, and that he has
satisfied himself fully relative to all matters and conditions with respect to the general
cond jtion of the contract to which the proposal pertains.
The Proposer puts forth and agrees, if this proposal is accepted, to execute an
appropriate Collier County document for the purpose of establishing a formal contractual
relationship between him, and Collier County, for the performance of all requirements to
which the proposal pertains. The Proposer states that the proposal is based upon the
proposal documents listed by RFP #08-5012.
(Proposal Continued on Next Page)
NON-CeNA-Manual (Revision 6/2008) 27
-.--.-- .......- -- ~-' --.----.-
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day
of , 200_ in the County of , in the State of
Firm's Complete Legal Name
(Address)
(City, State, ZIP)
Phone No. Check one of the following:
Fax No. D Sole Proprietorship
D Corporation or PA State of
D Limited Partnership
D General Partnership
By:
Typed and Written Signature
Title
******************************************************************************************************
ADDITIONAL CONTACT INFORMATION
Send Payments To:
(REQUIRED ONLY if different from above)
(Company Name used as Payee)
Contact Name:
Title: (Address)
(City, State, ZIP)
Phone No.
FAX No.
Email address:
Office Servicing Collier County Account /Place Orders/Request Supplies
(REQUIRED ONLY if different from above)
(Address)
Contact Name
Phone No. (City, State, ZIP)
Title FAX No.
Email Address:
NON-CCNA-Manual (Revision 6/2008) 28
,-~----_._-'_._-- -----~--,.
..
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
ITB/RFP/RFQ#:08-5012
STATE OF FLORIDA and the COUNTY OF COLLIER
PROPOSERlBIDDR/QUOTER AFFIRMS THAT IT IS A LOCAL BUSINESS AS
DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AND THE REGULATIONS THERETO.
AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY;
"Local Business" means a Collier County business that has a valid occupational license
issued by Collier County at least one year prior to bid or proposal submission to do
business within Collier County that authorizes the business to provide the commodities
or services to be purchased, and a physical business address located within the limits of
Collier County from which the vendor operates or performs business. Post Office Boxes
are not verifiable and shall not by used for the purpose of establishing said physical
address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of Collier
County in a verifiable and measurable way. This may include, but not be limited to, the
retention and expansion of employment opportunities, the support and increase to the
County's tax base, and residency of employees and principals of the business within
Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local
business" under this section. A vendor who misrepresents the Local Preference status
of its firm in a proposal or bid submitted to the County will lose the privilege to claim
Local Preference status for a period of up to one year.
Please provide the following information for the Proposer/Bidder/Quoter:
Year Business Established in Collier County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in Collier County (Including Owner(s) or Corporate
Officers):
NON-CCNA-Manual (Revision 6/2008) 29
_._,_n.__'__ --"."--.""- -.-.-
If req uested by the County, proposer/bidder/quoter will be required to provide
documentation substantiating the information given in this affidavit. Failure to do so will
result in proposer/bidder/quoter's submission being deemed not applicable.
Proposer/Bidder/Quoter Name
Signature
Title
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County,
on this Day of ,20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
NON-CeNA-Manual (Revision 6/2008) 30
-,~---,----,""-"-'~~---'-'- -_'''-~---''---'---'--
Collier County Florida
INSURANCE REQUIREMENTS
INSURANCE TYPE REQUIRED LIMITS
-------------------------------------------------------------------
-------------------------------------------------------------------
~ 1. Worker's Compensation Statutory Limits of Florida
Statutes, Chapter 440 and all
Federal Government Statutory
Limits and Requirements.
~ 2. Commercial General Liability Bodily Iniury & Property Damaqe
(Occurrence Form) patterned
after the current I.S.0 form $500,000 single limit per
occurrence
~ 3. Indemnification: To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier County,
its officers and employees from any and all liabilities, damages, losses and costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the ContractorNendor/Consultant or anyone employed or utilized by
the ContractorlVendor/Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
0 4. Automobile Liability $ Each Occurrence
Owned/Non-owned/Hired
Automobile Included
~ 5. Other Insurance as indicated below:
Professional Liability $ 1.000.000 Per Occurrence
NON-CCNA-Manual (Revision 6/2008) 31
....---- ,._.,_..~ ~--------,,'~'-'~'_._-".. --
COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS
(Continued)
~ 7. Contractor shall ensure that all subcontractors comply with the same
insurance requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
~ 8. Collier County must be named as "ADDITIONAL INSURED" on the
Insurance Certificate for Commercial General Liability where required.
~ 9. Collier County Board of County Commissioners shall be named as the
Certificate Holder. NOTE--The "Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should appear on the Certificate.
No other format will be acceptable.
~ 10. Thirty (30) Days Cancellation Notice required.
~ 11. The Certificate must state the RFP Number and Title.
----------------------------------------------
----------------------------------------------
PROPOSER'S AND INSURANCE AGENT'S STATEMENT:
We understand the insurance requirements of these specifications and that the evidence
of insurability may be required within five (5) days of the award of RFP.
Proposer Insurance Agency
Signature of Proposer Signature of Proposer's Agent
NON-CeNA-Manual (Revisjon 6/2008) 32
...-,-.--.--.." -'--~--_.,._- ~._-._.._.__.__.,_._. -.--..-."-
AGREEMENT #08-5102
For
Independent Legal Counsel for Value Adjustment Board
THIS AGREEMENT, made and entered into this - day of
, 2008, by and between hereinafter
called the "Consultant" and Collier County, a political subdivision of the State of Florida,
and the District School Board of Collier County, hereinafter collectively called the "Value
Adjustment Board" (VAB).
WITNESSETH:
1. COMMENCEMENT. This Agreement shall be for a one (1) year period,
commencing on date of approval by the Board of County Commissioners, and the
District School Board of Collier County and terminating one year from that date. The
VAB, at its discretion, shall have the option to renew this contract after the initial term for
two (2) additional one (1) year terms. Such renewal shall be under the same terms and
conditions. If any change in conditions is negotiated, said renewal will be contingent
upon written approval of the Collier County Purchasing Department.
2. STATEMENT OF WORK. The Consultant shall provide Legal Counsel Services
in accordance with the Scope of Services of RFP 08-5012 "Independent Legal Counsel
for Value Adjustment Board" and the Consultant's proposal hereto attached and
incorporated herein by reference, as well as additional services as required and
mutually agreed upon in writing by the Value Adjustment Board and Consultant.
3. COMPENSATION. The VAB shall pay the Consultant for the performance of this
Agreement on a fixed fee basis, or on an hourly basis after receipt of an itemized
statement of services, in accordance with the cost proposal submitted in response to
RFP 08-5012. Consultant shall not invoice more often than every thirty (30) days, and
shall be paid in accordance with Chapter 218, Florida Statutes, also known as the Local
Government Prompt Payment Act. Consultant agrees to pay for ordinary expenses
incurred, including but not limited to, costs of mailing, copies, facsimiles, telephone
expenses, document delivery (e.g., FEDEX, etc.) and secretarial services. Ordinary
expenses as used herein shall not include the mailing or copying expense of materials
for mass dissemination. However, the parties hereto may agree to include additional
expenses or services in this Agreement.
4. NOTICES. All notices from the VAB to the Consultant shall be deemed duly
served if mailed or faxed to the Consultant at the following Address:
-----_.._--_._~--_._....__.<._--
Telephone:
Facsimile:
Cell:
All Notices from the Consultant to the VAB shall be deemed duly served if mailed
or faxed to:
Clerk of the Circuit Court, as Clerk to the VAB
Harmon Turner Building, 4th Floor
3301 Tamiami Trail, East
Naples, Florida 34112
Tele: (239) 252-8399
Fax: (239) 252-8408
The Consultant and the VAB may change the above mailing address at any time
upon giving the other party written notification. All notices under this Service Agreement
must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as
creating a partnership between Collier County or the District School Board and the
Consultant or to constitute the Consultant as an agent of Collier County or the District
School Board.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats,
all permits necessary for the prosecution of the Work shall be obtained by the
Consultant. Payment for all such permits issued by the County and all non-County
permits necessary for the prosecution of the Work shall be procured and paid for by the
Consultant. The Consultant shall also be solely responsible for payment of any and all
taxes levied on the Consultant. In addition, the Consultant shall comply with all rules,
regulations and laws of Collier County, the State of Florida or the U.S. Government now
in force or hereafter adopted. The Consultant agrees to comply with all laws governing
the responsibility of an employer with respect to persons employed by the Consultant.
7. NO IMPROPER USE. The Consultant 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 Con-
sultant or if the VAB or its authorized representative shall deem any conduct on the part
of the Consultant to be objectionable or improper, the VAB shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the VAB within twenty-four (24) hours
------..-..-- - "w___. - --
after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured
8. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per the requirements of this
Agreement, the VAB may terminate said agreement immediately for cause; further the
VAB may terminate this Agreement for convenience with a thirty (30) day written notice.
The VAB shall be sole judge of non-performance.
9. CONTINUED REPRESENTATION. In the event suspension or termination of this
Agreement occurs, Consultant agrees that s/he will continue representation of the VAB
as needed to make determinations regarding the suspension, and/or until such time as
a replacement counsel can be appointed by the VAB in compliance with Section
194.015, Fla. Stat.
10. NO DISCRIMINATION. The Consultant agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
11. INSURANCE. The Consultant shall provide insurance as per the requirements
outlined in RFP #08-5012 as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$500,000 Per Occurrence, Combined Single Limit of Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations;
Independent Consultants; Products and Completed Operations and
Contractual Liability.
B. Worker's Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
C. Professional Liability: Coverage shall have minimum limits of $1 ,000,000.
Special Requirements: Collier County and the Value Adjustment Board shall be
listed as the Certificate Holder and included as an Additional Insured on the
Comprehensive General Liability Policy. Current, valid insurance policies
meeting the requirement herein identified shall be maintained by Consultant
during the duration of this Agreement. Renewal certificates shall be sent to the
Purchasing Department 30 days prior to any expiration date. There shall be a
thirty (30) day notification to the County in the event of cancellation or
modification of any stipulated insurance coverage.
Consultant shall insure that all sub consultants comply with the same
insurance requirements that he is required to meet. The same Consultant
shall provide the Collier County Purchasing Department with certificates of
insurance meeting the required insurance provisions.
_..~ .."--- -
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier County,
its officers and employees from any and all liabilities, damages, losses and costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
the ContractorNendor/Consulta nt or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any
other rights or remedies which otherwise may be available to an indemnified party
or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
the County or the VAB.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered by the
Clerk to the VAB and the Collier County Purchasing Department.
13. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the
attached component parts, all of which are as fully a part of the contract as if
herein set out verbatim: Consultant's Proposal, Insurance Certificate(s), RFP 08-
5012, "Independent Legal Counsel for Value Adjustment Board".
14. AMENDMENT. This Agreement can only be amended in a writing executed by all
parties in the same manner as this original Agreement.
IN WITNESS WHEREOF, the undersigned parties have each by an authorized person
or agent, hereunder set their hands and seals on the date and year first above written.
DATED: BOARD OF COUNTY
COMMISSIONERS OF
ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Approved as to form
and legal sufficiency:
Assistant County Attorney
--~~. .- ~-~-"
WITNESSES: COLLIER COUNTY DISTRICT
SCHOOL BOARD
(1 ) By:
Signature Robert C. Spencer, Financial Officer
Printed/Typed Name
(2)
Signature
Printed /Typed Name
WITNESSES: CONSULTANT
(1 ) By:
Signature Signature
Printed/Typed Name Typed signature and title
(2)
Signature
CORPORATE SEAL
Printed/Typed Name (Corporation only)
.' '~--""_"'-'.._._. .'--
Tab I, Understanding of Scope / Philosophy of Engagement
( IIII BOND, SCHOENECK & KING, P.A.
ATTORNEYS AT LAW . FLORIDA KANSAS NEWYORK
July 23, 2008
Value Adjustment Board
c/o Michael F. Hauer, CPPO, CPPB
Collier County Purchasing Department
330 I Tamiami Trail East, Building G
Naples, FL 34112
Re: Response to Collier County RFP #08-5102
Independent Legal Counselfor the Collier County Value Adjustment Board
.--- Tab 1. Understanding of Scope
Gentlemen:
Pursuant to Request for Proposal #08-5102, please accept this letter as Bond, Schoeneck & King's statement
indicating that we understand the requirements of the services as stated in the Request for Proposal.
The name, telephone number and email address of the authorized contact person concerning our Proposal is:
F. Joseph McMackin 1Il
C Telephone: (239) 659-3861
Email: jmcmackin@bsk.com
Bond, Schoeneck & King has been practicing law in Collier County for over 30 years and throughout that time has
provided quality legal services to a number of local government agencies. We understand that government service
is both a privilege and a responsibility. Should we be awarded the contract to act as independent counsel for the
Value Adjustment Board, we acknowledge that our responsibilities to the Board would be grave. Given the public
nature of government practice and the media scrutiny that the proceedings of the Value Adjustment Board are likely
to experience in 2008, we are ready to assist and advise with complete dedication. The combination of the state-
mandated rollback of the millage rate and the decline in market value of property in Collier County will likely lead
to a tumultuous 2008 year-end for the Board. Our fIrm is committed to providing the Board with the kind of legal
advice and service it needs to weather this storm anci to demonstrate to the public that the Value Adjustment Board
is administering a valuable, unbiased and transparent service to the property owners and citizens of Collier County.
In the event we receive the award under RFP #08-5102, we will accept the assignment in accordance with the terms
contained in Bond, Schoeneck & King's response included herein. Thank you, I am
Sincerely yours,
FJM:jch
( 4001 Tamiami Trail North, Suite 250, Naples, FL 34103-3555 . Phone: 239-659-3800 . Fax: 239-659-3812 . www.bsk.com
-1- 252724.1 7/23/2008
....---.-
I Tab II, Legal Experience and Knowledge
F. JOSEPH McMACKIN, III
(
Mr. McMackin is a graduate of Wesleyan University (BA, 1968) and
the University of Miami School of Law (J.D., 1973). He has practiced
in Collier County for 35 years. He is "A" rated and listed among "The
Best Lawyers in America."
His govemment clients include The City of Naples Airport Authority
and the Collier Mosquito Control District. Mr. McMackin is President
of the Collier County Museum, President of the Board of Trustees,
TECH/Sunrise Opportunities of Collier County.
Mr. McMackin is the senior partner of the Firm and, having practiced real estate law in Collier County
since 1973, Mr. McMackin has examined title to virtually every subdivision and community. In his
career representing govemments, buyers, sellers and lenders, he has encountered and resolved
almost every conceivable real property issue.
( In conjunction with his real estate practice, Mr. McMackin has addressed the Florida Homestead Law,
both in real estate transactions and in probate administration, to ensure marketable title to land in the
grantee or the heir.
Ad valorem tax matters have been dealt with in numerous transactions from the garden variety
residential context to large commercial projects and developments and in zoning matters in both the
County and City.
Mr. McMackin was formerly General Counsel to the Barnett Bank of Naples and a member of its Board
of Directors. His practice focuses on Real Estate, Govemment Law and Litigation.
4001 Tamiami Trail North
Suite 250
Naples, FL 34103-3555
Direct: 239-659-3861
Fax: 239-659-3812 BOND, SCHOENECK & KING, P.A. mIll
( E-Mail: jmcmackin@bsk.com ATIORNEYS AT LAW . FLORIDA KANSAS NEW YORK. ~
I Web: www.bsk.com
-2- 248667.1 7/22/2008
--.-_._^ -.-.-- -'
.-----.-------.. -
Tab II, Legal Experience
I
Bond, Schoeneck & King, P.A.
4001 Tamiami Trail North
Suite 250
Naples, FL 34103-3555
Telephone: 239.659.3800
Fax: 239.659.3812
www.bsk.com
BOND, SCHOENECK & KING
FIRM OVERVIEW
The law firm of Bond, Schoeneck & King (BS&K) was established in New York in 1897
and in Collier County, Florida in 1978 and includes 175 lawyers. In addition to two
Southwest, Florida offices in Naples and Bonita Springs, we have nine offices located
throughout New York and an office in Overland Park, Kansas. BS&K is comprised of
( five major departments, which includes Business, Real Property, Litigation, Labor and
Employment; and, Taxation. In addition, there are twenty-five practice and industry
groups.
BS&K's practice is a blend of the sophisticated legal work, encountered by large
metropolitan law firms, and the more personal legal problems associated with family
and privately owned businesses common in mid to small city environments. Our clients
include agribusinesses, banks, colleges and universities, construction companies and
developers, energy suppliers, engineering firms, entrepreneurs and inventors, large and
small family businesses, government development authorities, health care facilities,
insurance companies, manufacturers, media corporations, municipalities, natural
resource companies, not-for profit organizations, physicians and physician practice
groups, retailers, school districts, technology-based companies, transportation
companies, and utilities, as well as individuals.
(
252036.1 6/26/2008
-3-
-'-~,- - - ---..
( IIII BOND, SCHOENECK & KING, P.A.
ATIORNEYSATLAW' FLORIDA KANSAS NEWYORK
MEMORANDUM
TO: Board of Commissioners
City of Naples Airport Authority
FROM: Bond, Schoeneck & King, P.A.
Kaplan Kirsch & Rockwell LLP
Theodore D. Soliday, Executive Director
DATE: September 27,2007
SUBJECT: Legal and Practical Implications ofIntensifYing Compliance with Nighttime
Aircraft Operations Limitations at the Naples Municipal Airport
I. INTRODUCTION
At its Jooe 2007 meeting, the City of Naples Airport Authority (the "Authority") Board of
/' Commissioners ("Board") directed its two law firms and Authority staff to set forth the legal
(
, issues involved and to identifY options to further limit nighttime operations at the Naples
Mooicipal Airport ("Airport" or "APF"). Nighttime operations presently are discouraged and
currently constitute approximately two percent (2%) of total operations at APF. This
Memorandum identifies and evaluates options available to the Authority to further reduce
nighttime operations by promoting greater adherence to the volootary curfew or through new
measures.
Section III contains background information on the Authority's current efforts to discourage
nighttime operations.
Section IV examines in detail the main legal requirements and standards that may apply to
actions by the Authority to further limit nighttime operations. Specifically, we have examined
the potential applicability of the Airport Noise and Capacity Act of 1990, the grant assurances,
tort principles, and requirements imposed through the Airport Operating Certificate and State of
Florida license.
Section V identifies and evaluates specific alternatives, Attached to this Memorandum is a table
summarizing efforts by other airport proprietors to discourage nighttime operations.
( 4001 Tamiami Trail North, Suite 250, Naples, FL 34103-3555' Phone: 239-659-3800' Fax: 239-659-3812. www.bsk.com
4 243399.57/2212008
,---.- -.-. -
II. SUMMARY AND RECOMMENDATIONS
The Authority's past and present efforts to discourage nighttime operations appear to be working.
These efforts include but are not limited to the voluntary curfew itself and public notices of its
existence, coordination with aircraft owners and operators, limitations on nighttime services, and
public education. Many of the nighttime operators have a compelling reason to operate at night,
such as Mosquito Control, Collier County Sheriff and emergency medical services. Moreover,
nighttime operations by Delta! ASA were part of their providing an important service to the
Naples community, and any new commercial airline may have a similar mandate from its
passengers.
Nevertheless, the Board has signaled an interest in further reducing nighttime operations,
particularly of those flights that could occur during the day or evening. There exists a broad
array of steps that the Authority could take, each with attendant benefits and risks.
We presume that the Authority is risk averse in light of the relatively low level of nighttime
operations. For example, we assume that the Authority is not interested at this time in initiating
another FAA Part 161 Study to consider a restriction on operations. We thus do not recommend
actions to convert the voluntary curfew to a mandatory curfew, such as by attempting to impose
fines for nighttime operations. The Federal Aviation Administration ("FAA") has taken a
somewhat broad view of ANCA's scope in light of its perception of congressional intent.
Therefore, we similarly would not recommend actions, such as closing the General Aviation
Terminal or other Airport facilities, that the FAA would consider to be tantamount to a
( restriction on operations.
The options considered in detail in this Memorandum include:
. Further communication with and education of pilots about the voluntary curfew
. Further communication with City and County residents to reduce demand for nighttime
flights
. Publicizing the identity of nighttime operators and/or their passengers
. Restructuring rates and charges to reflect higher operating costs at night
. Enhancing the requirement to provide advance notice of nighttime operations
. Altering airfield lighting
. Further limiting aeronautical services available at night, along with implementing
physical limitations on their use
Based on our assessment, we submit that the Authority should give serious consideration to
increased communications, publishing the names of nighttime operators and/or passengers, and
increasing rates and charges to a level that better reflect higher nighttime operating costs. The
FAA is unlikely to consider these actions to be subject to ANCA or to declare these actions to be
unreasonable or unjustly discriminatory. We recognize that these actions may result in only
modest reduction in nighttime operations.
(
5 243399.57/22/2008
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We recommend that the Authority explore these options and gauge their efficacy before turning
to other options examined herein. We believe that the other options are supportable but present
greater risk.
III. BACKGROUND
In 2000, the Board approved the following amendment to the Rules and Regulations for the
Airport: "Voluntary cessation of flight operations by Stage 3 Jet Aircraft from 10:00 p.m. to
7:00 a.m. (Revised from Airport Regulation enacted 5-15-96 and proposed amendment OI-OI-
01)." The amendment is found in the Airport Rules and Regulations in Section 5, "Aeronautical
Activities," at 5.06 C 2, and became effective on January I, 2001.
The "Recommended Jet Arrival & Departure Procedures" prepared by the Authority and
distributed to all pilots at the Airport contains the following provision:
"The Naples Airport Authority would like to strongly discourage
users from operating at the Airport during the Voluntary Curfew
from IO:OO p.m. to 7:00 a.m."
Noise abatement information is provided on the Airport's website.
The curfew is voluntary, and there are no penalties for an aircraft owner or operator who lands or
departs during the curfew hours, the Authority has taken a number of steps to discourage
( nighttime operations. Many of the measures focus on informing Airport users and Naples
residents about the voluntary curfew. For instance, the Authority distributes flyers about the
curfew to its tenants, places signs on the airfield and in the terminals, publishes information on
the curfew in Jeppesen flight manuals, provides information at National Business Aviation
Association meetings, and publishes information on its website. The Authority has, on at least
one occasion, sent a letter to local property owners associations asking them to provide
information to their members about the voluntary curfew through their newsletters and resident
bulletin boards. These serve to educate the public about the voluntary curfew and may reach
pilots and potential passengers on nighttime flights.
The Authority undertakes a number of other preventive measures to reduce nighttime operations
and its effects:
. The Authority publishes recommended arrival and departure routes for those operating
during curfew to minimize impacts to noise sensitive areas.
. The air traffic control tower at the Airport is only operational from 6:00 a.m. to IO:OO
p.m., although the nighttime closure is not necessarily a deterrent to nighttime operations
because aircraft can be guided in by regional air traffic controllers. The tower is open
during the period between 6:00 a.m. and 7:00 a.m.
. The Authority imposes a surcharge for aircraft to fuel during the hours of the voluntary
curfew and only provides fuel for government aircraft and aircraft subject to fractional
ownership that are being repositioned to other airports.
(
6 243399.57/2'212008
-- -- "._____h
. The Authority requests that operators provide advance notice to the Authority when they
will be operating during the voluntary curfew hours; however, this requirement is not
published on the Airport's website or in the AirportlFaciIity Directory.
The Authority also communicates with aircraft owners and pilots who operate at night to reduce
the chances they will continue to do so. For example, aircraft arriving during the voluntary
curfew are greeted by an Authority staff member who presents the pilot with information about
the voluntary curfew. Staff sends letters to operators of jet aircraft who arrive during curfew and
generate a complaint; the letters explain the voluntary curfew and the fact that a complaint was
received about that operation. Authority staff calls nighttime operators who fail to adhere to the
curfew more than once, even if no complaint was received about that operation, to encourage
adherence. Airport staff members do not, however, contact the Collier County Sheriff or the
Collier Mosquito Control District when they operate at night, because these entities' flights are
presumed to be necessary for public health and safety.
Finally, Airport staff members track nighttime operations and compile information about those
operations on a monthly chart, which is available to the public upon request. The chart includes
the type of aircraft, tail number, the runway used by the aircraft, and the time of the operation.
The Authority's Quarterly Noise Reports identify the number and types of operations that occur
at night. The current Quarterly Noise Report available on Authority's website is for the period of
January 1, 2007 through March 3I, 2007 ("Quarterly Noise Report Number 41"). The Report
shows that two percent (2%) of total operations occur at night, but also shows an increase in
( nighttime operations at the Airport during the first quarter compared to the previous year. The
Report states:
Reported nighttime operations have increased by 18% when compared to the
same time last year; even though air carrier operations and general aviation jet
traffic has seen a significant reduction of twelve percent (I2%). Single and
Multiengine aircraft operations have increased by 47%. Public Service operations
represent 18% of the activity occurring at night and have increased fifty-five
percent (55%). Nighttime operations accounted for two percent (2%) of the
overall operations for the Second Quarter of 2007.
Quarterly Noise Report Number 41 at p. 5.
Two tables from the Noise Report are presented below. The first is a summary of nighttime
operations shown by quarter for the fiscal year and broken down by type of operator. The
second shows nighttime operations by percentage of overall operations for five years (2002-
2006).
(
7 243399.57/2212008
--------------- .__.~~,._.__.._---_.
Noise Report Table II: Quarterly Air Traffic Nighttime Operations Summary - by Fiscal
Year
Activity 2na 2006 3 fa 2006 4ill 2006 Ist2007 2na 2007
Jets
Air Ambulance 8 2 3 5 5
Air Carrier 105 85 64 76 10
GA 296 181 72 153 343
Subtotal Jets 409 268 139 234 358
Single & Multi-engine 279 345 314 249 409
(include air carrier & GA)
Public Service
Mosquito Control Operations 0 22 74 10 2
Collier Sheriff s Office 95 121 IIO 109 136
EMS 13 35 10 12 33
Coast Guard 2 0 0 0 0
Subtotal Public Service 110 178 194 131 171
Total 798 791 647 614 938
I Noise Report Table II A: Fiscal Year Percentage of Nighttime Operations
Fiscal Year Total Operations Night Operations % of Night Ops % of Jet Night
Ops
2002 138,790 3,626 3% 2I%
2003 II 2,308 3,I 70 3% 23%
2004 136,128 3,361 2% 23%
2005 163,434 3,130 2% 34%'
2006 137,908 2,935 2% 38%'
, Delta began CRJ service in FY05. They had 328 nighttime operations in FY 05 and
352 nighttime operations in FY 06. Without Delta's operations, the percentage of jet
night operations in FY05 would have been twenty-four percent (24%) of the total
nighttime operations and twenty-six percent (26%) of the total in FY 06.
Two trends are noteworthy. First, the percentage of operations occurring at night appears to
have declined slowly and steadily from a high in 2002. Second, excluding Delta! Atlantic
Southeast Airline ("ASA") flights, the percentage of nighttime operations undertaken by jet
aircraft has increased only slightly.
As stated in the Report and displayed in Table II, nighttime operations include military
operations, mosquito control operations, and air ambulance operations. The number also
includes the ASA flights to the Airport, which Delta will discontinue on October 1, 2007.
(
8 243399.57J2?J2008
--~_.~_.~_._._...._.__. .-
Assuming that this service is not replaced with another nighttime operation, this will reduce the
number of nighttime operations by over 300, based on past levels.
The nature of Naples' operations makes further reductions challenging. It is undesirable that the
Authority reduce nighttime public service flights. Many of the remaining nighttime flights,
certainly by jets, are by aircraft fractionally owned and operated pursuant to FAR Part 91
Subpart K. Passengers seek to arrive and depart at times most convenient, including during the
night. Because of the structure of fractional ownership, these passengers tend to be less
identifiable than the owners and operators of other aircraft. Further, operators of fractionally-
owned aircraft have a financial imperative to reposition aircraft to maximize their use, which
may lead to two nighttime operations, an arrival and departure.
IV. LEGAL REQUIREMENTS AND STANDARDS
A. ANCA and Part 161
The Airport Noise and Capacity Act, 49 D.S.C. S 47521 et seq., and its implementing
regulations, 14 C.F .R. Part I 6 I, limit the ability of airport sponsors to restrict aircraft operations.
The statute and regulations impose onerous requirements that must be satisfied prior to
implementing certain types of noise rules. Failure to comply with the requirements can result in
termination of eligibility for federal grants or to impose Passenger Facility Charges. 49 D.S.C.
S 47526.
( As defined by Part I 6 I:
Noise or access restrictions means restrictions (including but not limited to
provisions of ordinances and leases) affecting access or noise that affect the
operations of Stage 2 or Stage 3 aircraft, such as limits on the noise generated on
either a single-event or cumulative basis; a limit, direct or indirect, on the total
number of Stage 2 or Stage 3 aircraft operations; a noise budget or noise
allocation program that includes Stage 2 or Stage 3 aircraft; a restriction imposing
limits on hours of operations; a program of airport-use charges that has the direct
or indirect effect of controlling airport noise; and any other limit on Stage 2 or
Stage 3 aircraft that has the effect of controlling airport noise. This definition
does not include peak-period pricing programs where the objective is to align the
number of aircraft operations with airport capacity. 14 C.F.R. S 16L5.
The definition does not clearly establish what constitutes a noise or access restriction,
particularly because of the references to indirect effects on noise. A mandatory restriction or
requirement limiting the operation of Stage 2 or Stage 3 aircraft is subject to ANCA and Part
161. Voluntary recommendations are not subject to ANCA and Part 161.
FAA considers both the effect and intent of an airport sponsor's actions. Where an action taken
by an airport sponsor appears intended to restrict operations or control noise, the FAA may
conclude that the measure is subject to ANCA. The FAA's determination would be given
( deference by a reviewing court. The FAA has an interest in providing only limited guidance on
9 243399.57/22/2008
_..._---_......_.._.._-_._.._~._...._~-----_.,.. - - ,----
this topic in order to preserve its prosecutorial discretion and determine each case in light of its
facts.
Examples of FAA's treatment of measures proposed and implemented at other airports is
instructive. First, the FAA declared that a weight limit implemented by the Omaha Airport
Authority ("OAA") was not a noise or access restriction subject to ANCA and Part 161. FAA
stated, "There [was] no evidence that the OAA used the change in standards by the FAA as a
pretext for imposing an airport noise or access restriction. Since the limitation was not imposed
to control noise or limit access, it is not a noise or access restriction within the meaning of
ANCA." Letter from C. Rich, FAA Associate Administrator for Airports, to R. Studenny (April
7,I995).]1
Several other opinion or investigatory letters from the FAA on the scope of ANCA and Part 161
addressed thinly veiled attempts by airports to control noise and limit nighttime flights. Where
the reasoning given for the rule does not comport with its effect, the FAA will generally find that
the rule is a noise or access restriction. For example, the FAA addressed the Albany County
Airport's proposed resolution to establish quiet hours between 11 :00 p.m. and 6:00 a.m. "to ease
an existing noise problem to area residents caused by 'maintenance and/or testing of aircraft
engines. '" Letter from 1. DeRose, Manager FAA Airports Division, to H. Goldstock, Operations
Coordinator, Albany County Airport (Sept. II, 1992) (emphasis in original). The proposed
resolution stated that "no aircraft engine shall be started or operated" during those hours. The
FAA stated its concern that the resolution was overbroad if the County's concern was really with
maintenance and testing.
(
The FAA has also made clear that it will scrutinize operational and procedural mechanisms that
operate as noise or access restrictions. In considering a proposal to close the passenger terminal
at the Bob Hope Airport (Burbank:, California) at night, the FAA advised that actively barring
use of the terminal would turn a voluntary curfew into a mandatory one and would require
compliance with Part 161. Letter from 1. Garvey, FAA Administrator, to Mayor Murphy (March
24, 2000).
The FAA also raised concern, without taking a definitive position, regarding Westchester
County's practice to close the parking garage at the Westchester County Airport (New York) to
arriving passengers during the hours of the airport's voluntary curfew. Letter from P. Galis, FAA
Deputy Associate Administrator for Airports, to A. Spano, County Executive, Westchester
I An airport user, Millard Refrigerated Services ("MRS"), also filed a formal complaint against the OAA. See
Millard Refrigerated Servs., Inc. v. FAA, 98 F.3d 1361 (D.C. Cir. 1996). MRS "made a number of charges against
the OAA in connection with the OAA's decision to bar heavy aircraft:, including MRS's corporate jet, from using
Millard Airport, located outside Omaha." Millard, 98 F.3d at 1361. The FAA dismissed MRS's complaint, and the
D.C. Circuit considered MRS's claim that the FAA should have interpreted ANCA and Part 161 to apply to the
OAA's decision "because it constitutes a restriction on airport use that affects quiet aircraft:, whether or not the
restriction was intended to limit airport noise." Id. MRS argued that ANCA and its implementing regulations must
apply to restrictions on stage 3 aircraft: whether direct, indirect, intentional or incidental. Id. at 1363. Rather than
opining on this issue, the D.C. Circuit determined that the FAA failed to resolve this issue in ruling on MRS's
( complaint, and it remanded the case to the FAA to resolve the issue. Iii at 1364. FAA did not make any further
findings in this case on remand.
IO 243399.57/2212008
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County (July 5, 200I). Westchester County abandoned this practice before the FAA issued a
formal opinion.
Drawing on these examples provides some guidance in determining what actions the FAA may
consider to be noise or access restrictions. While it is clear that the passing of resolutions or
ordinances ancI/or the inclusion of lease provisions that attempt to limit aircraft operations
directly will be viewed as noise or access rules, it is less clear what procedural or operational
measures fit within the statute's scope. As stated above, the FAA would probably view closing
the terminal or other airport facility during the voluntary curfew as a noise or access restriction
requiring compliance with Part 16 I, because although the closure has no effect on aircraft
operations, it would make the use of the Naples Airport more difficult for passengers.
Additionally, any measure that made use of the Airport so difficult or inconvenient for
passengers as to be like the closure of a facility may also be considered a noise or access
restriction. Measures that are meant to discourage nighttime operations, but do not actually
forbid or impose serious obstacles to such operation, may be permissible. We attempt to make
this distinction more concrete as we explore options for discouraging nighttime use below.
The Authority's history of conflicts with the FAA may make any actions taken by the Authority
particularly suspect and subject to close scrutiny. Simply put, it will be harder for the Authority
to take steps relating to the voluntary curfew than other airports without the Authority's history
of aggressive noise control and community protection.
B. Grant Assurances
(
Separate from the FAA's consideration of whether an airport's action is subject to ANCA, the
FAA may determine that the action runs afoul of the grant assurances as an unreasonable limit on
access to the Airport. Specifically, Grant Assurance 22 provides that an airport sponsor "will
make the airport available as an airport for public use on reasonable terms and without unjust
discrimination to all types, kinds and classes of aeronautical activities, including commercial
aeronautical activities offering services to the public at the airport." Grant Assurance 22(a).
The FAA has explicitly stated that "[w]hether or not ANCA applies, the airport sponsor has a
separate obligation under its AlP grant assurances not to impose a restriction if it is unreasonable
or unjustly discriminatory." Letter from D. Bennett, Director of FAA Airport Safety and
Standards, to R. Tonseth, Director of Aviation, City of San Jose (Oct. 2, 2003).2 The FAA
advised:
The FAA uses a three-part test to determine the reasonableness of a proposed new
access restriction under the AlP grant assurances, based on the provisions of 14
C.F.R Part ISO and implementing guidance. The FAA reviews a proposed
restriction to determine if it addresses an actual noise problem; if the proposed
2 In its letter, the FAA found that the City's proposal to restructure its curfew from a weight-based to a noise-based
curfew did not trigger ANCA requirements because the curfew was grandfathered under ANCA and the restructured
ordinance did not further reduce or limit aircraft operations. ld. ("When ANCA was passed, it permitted airports to
( implement Stage 2 restrictions that were proposed and Stage 3 restrictions that were in effect before its effective
, date. These airport noise and access restrictions are 'grandfathered' under ANCA.").
II 243399.57/22/2008
~"._-~~---'- " '-'-~-""'-'-"--'---'- ... ..
----
noise restriction is reasonably effective in addressing that problem; and if the
airport sponsor has used an approach to the problem that fairly balances the local
and national interests.
ld. Employing this test, the FAA determined it was "reasonable and not unjustly discriminatory,
within the meaning of Grant Assurance No. 22, for the City to adopt an alternate noise mitigation
rule that achieves the same noise mitigation benefits as the rule replaced." ld.
In considering the Authority's Stage 2 ban, the D.C. Circuit found that the FAA retained power
to withhold grants, independent of ANCA, when an airport sponsor imposes an unreasonable
restriction, City of Naples Airport Authority v. FAA, 409 F.3d 43I,434-35 (D.C. Cir. 2005). The
court found that there had to be substantial evidence supporting the agency's ruling that the
restriction was unreasonable, which was absent in the case of Naples Stage 2 ban. ld. at 436.
Although the FAA historically has employed its three-part test for mandatory restrictions, the test
would apply equally to other terms and conditions limiting access to the Airport. It seems
doubtful that action taken by the Authority and subjected to this test could survive the first and
second prongs: the existence of an actual noise problem and effectiveness in addressing the
problem. Through the Stage I and Stage 2 bans, the Authority has eliminated all land uses that
are incompatible according to FAA standards and most land uses under local standards.
Although nighttime noise may be annoying on an individual basis, further restricting the already
limited numbers of nighttime operations is not likely to affect cumulative noise exposure. This
would affect the FAA's application of the third prong, the balancing test, since the negative
( effects on access to the Airport, which the FAA values highly, will be measured against the
limited noise benefits.
We caution that the litigation over the Stage 2 ban may make the FAA less objective in
considering actions by the Authority to further limit nighttime operations.
C. Tort Liability
The State of Florida has waived sovereign immunity for torts for itself and its agencies and
subdivisions, including municipalities, and may be liable for torts in the same manner as a
private individual. FLA. STAT. ANN. 9 768.28. The Florida Supreme Court has determined that
operation of an airport is a proprietary, not a governmental, function, requiring the airport
proprietor to take the same care in maintaining its property as anyone else who provides services
to the public. Peavey v. City of Miami, 146 Fla. 629, 636-37 (Fla. 194I).
In Peavey, the plaintiffs, who were a pilot and an aircraft owner, sued the City of Miami in
negligence for personal injuries and damage to the aircraft, alleging that the City carelessly
maintained and operated the municipal airport causing injuries to the plaintiffs. ld. at 63 I -32.
The court found that in operating an airport, the City was exercising a proprietary function
because of the commercial character of the enterprise and the fact that it generates revenue. ld.
at 636-37.
(
12 243399.57/22/2008
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Accordingly, the City was "required to exercise the same degree of care in the maintenance of
its property as is imposed upon others who undertake to render services or furnish
accommodations to the public." Id, at 637 (emphasis added). Specifically, the City had the duty
"to see that the airport was safe for aircraft and to give proper warning of any danger of which it
knew or ought to have known; and the defendant had the 'duty to keep the runways free from
obstructions, so far as possible, or to place markers warning pilots of danger.'" Id. at 637-38
(quoting 6 Am. Jur. 11, Aviation, Sec. 14).
The courts have looked to FAA regulations and advisory circulars as evidence of the standard of
care in the aviation-specific elements of airport operations. See e.g., Abrisch v. United States,
359 F.Supp.2d 1214, 1216 (M.D, Fla. 2004) (court considered the Air Traffic Control Manual as
evidence of the standard of care in the industry).
Cases from other jurisdictions are also instructive in understanding when airport proprietors may
be liable in tort for accidents or incidents. See, e.g., Safeco Ins. Co. of Am. v. City of Watertown,
529 F .Supp. 1220, 1226 (D. S.D, 1981) ("the operator of a public airport has a duty independent
of federal statutes and regulations to the pilots using the airport to use reasonable care to keep the
airport free from hazards, or at least use reasonable care to warn of hazards not known to the
pilots"); Anderson v. Alberto-Culver USA, Inc., 740 N.E.2d 819 (III. App. Ct. 2000) (court
looked to an advisory circular, which set forth guidelines for airport design, in determining
whether municipal defendants maintained airfield in a reasonably safe condition).
These tort principles may become relevant to the extent that the Authority considers reducing
( services at night. For example, reducing the extent of nighttime lighting or making it dependent
on automated systems may increase the risk of accident. Similarly, there may be a greater risk of
personal injury or property damage if nighttime access to facilities is reduced and fewer (or no)
Authority staff are available to help maintain safe conditions.
D. Airport Operating Certificate and State of Florida License
The Authority also has obligations under its federal Airport Operating Certificate and its state
airport license that may be implicated by actions discouraging nighttime operations. For
example, the Authority is required to provide airfield lighting pursuant to its obligations as the
holder of an Airport Operating Certificate.
Each certificate holder must provide and maintain lighting systems for air carrier
operations when the airport is open at night, during conditions below visual flight
rules (VFR) minimums, or in Alaska, during periods in which a prominent
unlighted object cannot be seen from a distance of 3 statute miles or the sun is
more than six degrees below the horizon. These lighting systems must be
authorized by the Administrator and consist of at least the following: (I) Runway
lighting that meets the specifications for takeoff and landing minimums, as
authorized by the Administrator, for each runway. (2) One of the following
taxiway lighting systems: (i) Centerline lights. (ii) Centerline reflectors. (iii) Edge
lights. (iv) Edge reflectors. (3) An airport beacon. (4) Approach lighting that
( meets the specifications for takeoff and landing minimums, as authorized by the
13 243399.57/2212008
-~,-_.__.._._--- _.'".M'.'_"
Administrator, for each runway, unless provided and/or maintained by an entity
other than the certificate holder. (5) Obstruction marking and lighting, as
appropriate, on each object within its authority that has been determined by the
FAA to be an obstruction, 14 C.F.R. S 139311 (c).
The regulation states that the certificate holder must provide and maintain lighting, but it does
not define the term "provide." The FAA has issued an Advisory Circular on radio control
equipment, which sets forth the requirements for an "air-to-ground" lighting system. See AC
150/5345-49C. The pilot-controlled system for tlll1ling on the lights on the cross-wind runway
seems to "provide" lighting in accordance with FAR Part 139. Although the Authority might
consider whether using the air-to-ground lighting system for the entire airfield would be
consistent with the obligation under Part 139, the suggestion ofturning the airfield lighting off
entirely clearly would violate Part 139.
As discussed above, in several cases considering a municipal airport's liability in tort, the courts
looked to FAA regulations and advisory circulars as evidence of the standard of care, meaning
that the failure to follow the requirement that lighting be provided could be evidence of an
airport's failure to maintain its duty of care. This is discussed in greater detail below.
Florida also has statutory and administrative law on the registration and licensure of airports.
See FLA. STAT ANN. S 330.30; FL. ADMIN CODE ANN. r. 14-60.006. The only specific
requirements are removal of natural growth obstructions, relocation of aircraft parking sites
beyond runway protective boundaries, and providing aircraft warning lights on structures in
( close proximity to the runway or potential ground hazards. FL. ADMIN CODE ANN. r. 14-
60.006(1)(a). Unlike its federal counterpart, the Florida Code does not require that an airport
provide runway lighting.
V. IDENTIFICATION AND EVALUATION OF ALTERNATIVES
In this section, we identify a range of options and discuss their potential legal consequences and
potential effectiveness in discouraging nighttime operations. In considering the universe of
available options, Kaplan Kirsch surveyed airports around the country and databases of airport
restrictions to determine what other airport proprietors are doing to discourage nighttime
operations. As an exhibit to this Memorandum, they have included a table which describes what
other airport sponsors are doing to discourage nighttime operations.
A. Further Communication with Pilots about the Curfew
The Authority disseminates information to pilots in an effort to raise awareness about the
voluntary curfew and to discourage nighttime operations. The Authority sends out flyers about
the curfew to its tenants, places prominent signs on the airfield and in the terminals, publishes
information on the curfew in Jeppesen manuals, provides information at National Business
Aviation Association meetings, and publishes information on its website. An Airport staff
member greets aircraft arriving during curfew hours, and staff members make phone calls and
send letters to those who do not conform to the curfew reminding them of the curfew and
l informing them of their failure to conform.
14 243399.57/22/2008
. ..-,.---.----.-,.--.-
Ibis communication is not subject to FAA scrutiny, and providing information and notice to
pilots is a simple and low-risk approach. The intensity of the activities may need to be increased
as traffic increases during the high season and the Airport is used by more aircraft under
fractional ownership. This will ensure that as many passengers and operators are made aware of
the voluntary curfew as possible. However, the Authority is already taking many steps to
educate pilots, and it is questionable whether any additional measures would make this pilot-
focused educational campaign more effective.
B. Further Communication with Naples Residents to Reduce Demand for
Nighttime Flights
The Authority can also communicate with Naples residents to let the community know it is
concerned about nighttime operations and looking for ways to discourage nighttime use.
Communication with residents also may further discourage residents who may be using the
Airport at night. Over a year ago, the Authority provided various Naples community
associations with information about the voluntary curfew to publish in their association
newsletters and to place on resident bulletin boards. The Authority could repeat this exercise,
and in addition to providing information in written form, have meetings and informational
sessions with these groups.
Increasing communication and contact with airport users would be time consuming and is of
uncertain value in discouraging nighttime use. Nonetheless, it does let the community know that
( the Authority is actively discouraging nighttime operations. This type of action also has the
benefit of being visible to the public, but not subject to FAA scrutiny.
C. Publicizing the Identity of Nighttime Operators / Passengers
The Authority currently tracks operations that occur during the voluntary curfew hours and
compiles information about nighttime operations on a monthly chart, which is available to the
public upon request. The chart includes the type of aircraft, the tail number, the runway used by
the aircraft, and the date and time of the operation. Rather than only providing this information
to the public upon request, the Authority could regularly publish this information on its website,
in a newspaper or in a newsletter each month. Airport staff already compile this information,
meaning that little additional work would be required.
If residents were made more aware of this information, it could discourage nighttime use of the
Airport and, at least, enhance the perception that the Authority is being open about this issue.
The Mercer County Airport in Trenton, New Jersey, currently lists nighttime operators on its
website by tail number on a quarterly basis, but the website has not been updated in about a year.
The website also provides a link to the FAA's website where the tail number can be used to
retrieve other identifying information about the aircraft, including the owner's name and address.
However, the tail number link is often oflimited value for fractionally-owned and charter aircraft
and aircraft owned by single-purpose holding companies, because there is no clear link to the
I passengers who are actually flying into or out of the Airport.
15 243399.57/2212008
----"_.._---~_...,---_._."_..._-- -
To address this issue, the Authority could go a step further and collect information about the
passengers on the nighttime flights and publish that information. For example, the Authority
could require that passengers arriving and departing during curfew hours provide identification
and fill out a form giving identifying information. The Authority could then publish this
information online or in print. The Authority could also photograph or collect video of nighttime
passenger arrivals and departures.
Gathering this information would require extra work for the Airport staff members who work at
night and may require the hiring of additional security personnel to collect this information. This
type of action may also be unhappily received by passengers and could have negative political
consequence for the Authority.
It is unclear whether and how effective this measure would be in deterring nighttime use of the
Airport. It is possible that some passengers would be sufficiently averse to public attention to
avoid nighttime use. Nevertheless, this measure would provide the general public with more
evidence that the Authority is doing something new on this issue. It may be one of the most
aggressive-looking available measures.
In addition to potential staffing and political issues, these actions may draw the FAA's attention.
The FAA may consider whether the publication of general information about nighttime
operations and specific information about nighttime passengers serves as a noise or access
restriction under ANCA and Part 16I. It is doubtful that this measure would be seen as limiting
( nighttime use, as it has no direct impact on the actual operation of aircraft and adds minimal
burden for passengers. However, if the FAA infers that the intent of the measure is to discourage
nighttime operations, then the FAA would more seriously scrutinize the action.
The Authority could also attempt to justify this measure on the basis of security and thereby
further distance the action from being within the scope of ANCA. Assuming that the purpose of
collecting the information is security, the Authority may be obligated to protect it from
disclosure, thus defeating the purpose. Moreover, although neither the FAA nor the Department
of Homeland Security has formally found that actions by airport proprietors that go beyond
federal security requirements are preempted, this is a theoretical possibility3
Florida has an enhanced protection of an individual's right to privacy. A concern inherent to
publishing the identity of nighttime operators and passengers is the right of privacy guaranteed to
individuals under the Florida Constitution. Article I, Section 23, provides that:
"Every natural person has the right to be at let alone and free from
governmental intrusion into his private life except as otherwise
provide herein. . ."
3 The Department of Homeland Security recently proposed to require the pilot of any private aircraft arriving in the
U.S. from a foreign location or departing the U.S. for a foreign location to transmit to Customs and Border
( Protection an advance electronic transmission of information regarding each individual traveling onboard the
aircraft. Notice of Proposed Rulemaking, Secure Flight Program, 72 Fed. Reg. 48356 (Aug. 23, 2007).
16 243399.57/22/2008
"'------.-...-....------ --
To assess whether publishing the identity of nighttime passengers will be considered by the
Courts in Florida as an unconstitutional governmental intrusion into such individuals' disclosural
privacy rights, the proposed action must be evaluated in terms of the established test set forth by
the State Supreme Court. The test to be used in assessing a claim of unconstitutional
governmental intrusion into privacy rights under Article 1, Section 23, is as follows:
Courts must first determine whether the individual possesses a
legitimate expectation of privacy in the information or subject at
Issue. If so, then the burden shifts to the State to show that (a)
there is a compelling state interest warranting the intrusion into the
individual's privacy and (b) the intrusion is accomplished by the
least intrusive means possible. Legislation that infringes on the
right to privacy will be invalidated unless it can survive the
compelling state interest.
D. Restructuring Rates and Charges to Reflect Higher Operating Costs at Night
Another option for the Authority would be to increase its rates and charges at night on the basis
that it is more expensive, per operation, for the Authority to provide services at night. Staffing
and running the Airport at night for relatively few Airport users means that the cost per nighttime
operation is much higher than the cost per daytime operation. As a result, the Airport could seek
to recover some of this cost by charging nighttime operators more to fly in and out at night. The
Authority already appears to do this with its fuel surcharge, although we are uncertain of its
( basis. The Authority could consider increasing the fuel surcharge and also increasing other costs
at night.
Hanscom Field in Bedford, MA, has a "nighttime field use fee" for arrivals and departures
between 11 p.m, and 7 a.m. As of July 2007, the nighttime field use charge is $50 for aircraft
12,500 pounds or less and $367 for aircraft over 12,500 pounds. The airport proprietor also
requires that "aircraft shall pay double the applicable charge for each nighttime operation in
excess of five nighttime operations in a calendar year." Interestingly, the airport sponsor does
not charge this fee on the basis that it is more expensive to operate the airport at night but
actually advertises the charge as part of its voluntary curfew. We believe that FAA would view
the flat fee for nighttime users, which doubles after five uses, as unreasonable and unjustly
discriminatory. It seems to be a monetary penalty for nighttime use, but we have not heard that
this fee has been challenged under ANCA.
Because a penalty for nighttime use would likely be an access restriction, an increase in rates
would have to be tightly tied to costs and expenses, not to noise. The challenging issue with this
option is actually increasing rates to make them commensurate with the costs of keeping the
Airport open at night but also make the rate increase large enough to be effective in discouraging
nighttime use. The calculated increase is unlikely to be very large in the context of the total
costs associated with operating an aircraft. This is particularly true at an airport like APF where
many of the users are unlikely to be deterred by a slight hike in rates and charges.
( Even if this measure could deter some nighttime operators, the downside of using this option is
that the Authority could not promote it as a means by which it is discouraging nighttime use.
17 243399.57/22/2008
-----~,-_.-.._'_..,.-..'--'-_.-._-->
Promoting this measure as a noise or curfew enhancement measure would subject it to increased
scrutiny from FAA. Part I 6 I provides that a noise or access restriction can include n a program
of airport-use charges that has the direct or indirect effect of controlling airport noise. n 14
C.FR 9 161.5 (emphasis added). The Authority will, therefore, have to be careful in structuring
any change so that it is closely tied to the cost of operating the Airport at night and is in no way
linked to noise.
Restructuring rates and charges would not be an unreasonable or unjustly discriminatory under
the grant assurances so long as it reflects the Authority's true costs to provide services or is
otherwise supported. It would be advisable for the Authority to conduct an internal cost-of-
service study to examine this issue and support eventual action by the Executive Director or the
Board.
While this is a tool that should be considered, we are skeptical that it would have a significant
effect on nighttime operations and that the Authority would be able to disclaim any connections
of the changes to noise. This is particularly the case in light of the very public pursuit of
measures to reduce nighttime noise.
E. Enhancing the Requirement to Provide Advance Notice of Nighttime
Operations
The Authority currently asks that operators who use the Airport during curfew hours provide the
( Airport with advance written notice. We understand that few people actually provide the notice.
Authority staff indicated that they only receive, on average, one written notice a week. Based on
the Quarterly Noise Report, 938 nighttime operations occurred from January I, 2007 to March
31,2007, an average of 72 nighttime operations per week. The very low level of compliance
may be because pilots are unaware of this request. The request for written notice is not
mentioned on the Airport's web site or in the Airport!Facility Directory.
The Authority could more widely publicize its request for advance notice. The Authority could
more pointedly ask that pilots call the Noise Abatement Office or fax/email written notice a
certain number of hours before they arrive or depart to request permission to operate at night.
Airborne Airpark Airport in Wilmington, Ohio, requires four hours prior permission for all
aircraft, and Bethel Airport in Bethel, Alaska, requires 24-hour written notice prior to all air
carrier operations. These requirements do not seem to be connected to voluntary curfews. The
Boca Raton Airport asks that pilots call the Noise Abatement Office when they need to fly
during the voluntary curfew hours.
Asking pilots for advance notice adds some burden for nighttime operators and also requires
pilots to acknowledge to an Airport staff member that they know about the voluntary curfew and
plan to disregard it. This could be a deterrent for some operators. Further, the effectiveness is
limited insofar as the Authority cannot actually prohibit the flight. Given that the Authority
currently asks that pilots provide notice of their intent to operate during curfew hours and
receives very little compliance, it is questionable whether a variation on that rule will make a
( significant difference.
18 243399.57/2212008
- - -,
It is unlikely that the request for advance notice would be a noise or access restriction lUlder
ANCA and Part 161 since notice is vollUltary and permission to operate is never denied. While it
may add an extra step to nighttime operations, it does not actually prohibit or limit a pilot's
ability to operate during the curfew hours, since there is no consequence for failing to supply
notice. The measure is also likely a reasonable one and would not be considered a violation of
the Airport's grant assurances. The purpose of the requirement is to alert Airport staff to the
number of operations they can expect at night, and asking for advance written notice should be
deemed a reasonable means of addressing this legitimate concern.
One permutation of this measure is for the Authority to make advance written notice mandatory
and impose a fine for violations. This would not be a fine for flying at night, but rather a fine for
failing to comply with Airport procedures. Such a surcharge may not be much of a disincentive
for operating at night. Pilots could stilI fly at night whether or not they supplied advance notice.
In addition to its questionable efficacy, a surcharge may be difficult to implement. The
Authority would need to establish the amolUlt of the surcharge, permissible exceptions, means of
enforcement, and means for disputing fines and resolving disputes. Keeping track of nighttime
operations, as well as which operators supplied notice or fell within an exception, could
constitute a significant task. The additional requirements of imposing and collecting a fine from
those who failed to comply could be time consmning and costly.
In addition to enforcement problems, imposing fines may also draw the attention of the FAA and
( could be viewed as a restriction limiting operations. While the surcharge would be for failing to
follow the procedural requirement of supplying notice of a nighttime operation, the FAA may
see the fine as a penalty for operating at night and therefore subject to ANCA. The FAA also
may question the details of the measure, such as the length of time required between the notice
and the operation and whether the measure discriminates against a class or type of operation.
The FAA may also find that penalizing someone for failing to supply notice of something that
the person is allowed to do is unreasonable.
If the Authority chooses to publish information about nighttime operators, it should consider
whether to publish the names of the nighttime users who follow the current request for notice or
a future mandatory notice requirement. While people who supply notice are still operating
during the vollUltary curfew hours, they have followed the rules to some extent.
F. Altering Airfield Lighting
Although we are unsure of the source, there apparently have been some suggestions that
changing the nighttime runway lighting might be another tool to reduce nighttime operations.
Currently, RlUlway 5/23 is lit at all times at night. The lights on Runway 14/32 are off at night,
but the pilots who use the Airport are able to turn on the runway lights by clicking their
microphone switches in given patterns. This practice apparently is widely known and commonly
used at smaller airports arolUld the country. It would be possible to change both runways to this
( system, so that the runways lights will generally be off lUlless requested. However, because the
19 243399.57/2212008
. "."--~-".__.- .-
pilots are able to turn on the runway lights, having the lights off for most of the night would
seem to do little to discourage flights.
Turning the runway lights off, but providing pilots with the ability to turn them on, is not likely
an access restriction, because it does not limit operations or the hours of operations. Like some
of the previous options, it does add extra steps for the pilots using the Airport at night, but it does
not prohibit or limit use of the Airport. Turning the runway lights off and having them
accessible when needed is probably also acceptable under the requirements of the grant
assurances, because the lights are available but resources are not being wasted when not needed.
However, limiting the extent of lighting could expose the Airport to tort liability. Even if pilots
have the ability to turn the lights on, accidents could still occur that may be linked in some way
to the lighting system. One scenario we have heard is, if the runway lights are turned on by a
landing pilot and another plane comes in shortly behind that pilot but the lights automatically
turn off, there is a potential for an accident for the second pilot. The potential failure of the
runway lights to turn on under the pilot-controlled system could also cause an accident and is
also a concern with this option.
Turning off the lights also implicates Part 139. As described above, 14 CFR 9 139.311 requires
that the airport provide lighting. If the pilots have the ability to turn on the lighting, then lighting
is probably "provided", as required by Part 139, especially in light of the Advisory Circular on
the subject. If the lights were simply turned off without this capability, the Authority would
likely be in violation of Part 139, and if an accident occurred, Part 139 may be used to establish
( the standard of care owed by the Airport. See Abrisch v. United States, 359 F.Supp.2d 1214,
1216 (M.D. Fla. 2004); Anderson v. Alberto-Culver USA, Inc., 740 N.E,2d 819 (Ill. App. Ct.
2000).
G. Limiting Aeronautical Services Available at Night and Implementing
Physical Limitations
Various limitations on available services and physical restrictions have been suggested that
would make use of the Airport during curfew hours inconvenient and uncomfortable for pilots
and passengers, with the hope that these limits will deter night flights. For example, the
Authority provides only limited fueling at night and might consider whether to further limit
fueling to government aircraft only. The Authority might consider whether to restructure the
provision of other services that it performs in a manner to further discourage nighttime
operations.
In terms of physical limitations, one Commissioner suggested that turn-styles be placed in some
locations where persons leave the secured portion of the Airport and their use required at night.
It has also been suggested that restrooms in the Airport be closed during the curfew or that
certain indoor and outdoor lights be turned off. Other possibilities include limiting use of ground
vehicles on the apron during curfew hours or requiring that nighttime users park far away from
the terminal and walk a considerable distance to their cars.
(
20 243399.57/22/2008
.'_.___ ~____n'_.'__._" ..n_~ ______
These types of activities are similar to those attempted in Burbank and Westchester, even if less
extreme, where the closure of the airport terminal and parking garage at night drew the attention
of the FAA. These types of operational measures might be considered by the FAA as attempts to
limit access and use of the Airport at night. While the Authority could claim that these measures
are needed at night due to security or limited availability of staff and funds to provide services at
night, such measures have a significant risk of being viewed as a noise or access restriction,
especially if the measures are so inconvenient that they are like closing the facility.
Whether or not the measures are subject to ANCA and Part 16I, there is a good chance that the
FAA would question the reasonableness of the measures and whether the Authority was
complying with its grant assurances.
Limiting access or making access difficult could also increase the Authority' s risks of tort
liability. The Authority must maintain the Airport with the same degree of care as is imposed on
others who undertake to render services or publish accommodations to the public. Peavy v. City
of Miami, 146 Fla. 629, 637 (Fla. 1941). It is unlikely that another business could avoid liability
in the case of practices that would require its patrons to walk long distances at night with limited
light or leave the secured area through turn-styles. The age and medical conditions of many APF
passengers also counsels caution. The Authority also has responsibilities under the Americans
with Disabilities Act, which requires that the Airport's services, programs, and activities be
readily accessible and usable by individuals with disabilities. See 42 D.S.C. S 12I31, et seq.
VI. CONCLUSION
(
We have attempted herein to formulate a list of available options that is commensurate with the
scope of the problem and to define the legal constraints. From among these options, we
recommend that the Authority further investigate additional communications to promote
adherence to the voluntary curfew, publishing the names of nighttime operators ancl/or
passengers, and increasing rates and charges to more closely reflect any increased operating costs
at night. While these actions may not dramatically reduce the number of nighttime operations,
they may have some effect and signal the Authority's commitment to reducing nighttime
operations, without exposing the Authority to significant legal risk. Once these alternatives have
been examined, and possibly implemented, the Authority might look further down the list of
alternatives to those that present somewhat greater levels of risk in return for greater potential
effects on nighttime activity.
(
21 243399.57/22/2008
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--
111111 BOND, SCHOENECK & KING, P.A.
( ATIORNEYSATLAW . FLORIDA KANSAS NEW YORK
MEMORANDUM
TO: Hon. Ernest W. Linneman, Chair
Hon. John N. Allen
Hon. William P. Hobgood
Hon. James P. Lennane
Hon. Peter 1. Manion
CC: Theodore D. Soliday, Executive Director
-_..-
Sheila A. Dugan, Director of Finance
FROM: F. Joseph McMackin III, Esq.
Lenore T. Brakefield, Esq.
DATE: October 10, 2007 ."-........
RE: Public Records Requests I Records Management I Retention
(
Summary
We suggest that these are the appropriate criteria for determining whether material in the
possession of the City of Naples Airport Authority is a "public record":
1. Was the material prepared in connection with the transaction of official Authority
business? The answer to the first criterion will be determined on a case by case basis by the
individual sending and/or receiving the information. If the answer is "yes," then the information
(regardless of form) is a "public record" and must be retained or preserved in accordance with an
approved retention schedule.
(
32
-
.. 2. Was the information prepared by the Authority or received by the Authority in
i
connection with the transaction of official business with the intent of perpetuating,
communicating or formalizing knowledge? The answer to the second criterion shall be
determined on a case by case basis by the individual sending and/or receiving the information. If
the answer is "yes," then the information (regardless of form) is a "public record" and must be
retained or preserved in accordance with an approved retention schedule.
Once the information has been identified as a "public record" and worthy of retention, it
should be forwarded to the Authority for 'compliance with Florida's Records Management
Program's (the "Records Program") retention requirements. All duplicates should be destroyed
, .,., '--~"'.
or deleted. It is also important to note that certain documents identified as "public records" will
( still be exempt from a public records request, if the "public record" qualifies as one of the listed
exemptions as defined in the Florida Statutes. Identification of a statutory exemption is the
responsibility of the Authority.
ANALYSIS
Public Records
The statutory definition of "public records" includes all documents, papers, letters, maps,
books, tapes, photographs, films, sound recordings, data processing software, or other material,
regardless of the physical form, characteristics, or means of transmission, made or received
pursuant to law or ordinance or in connection with the transaction of official business by any
agency.
(
33
-.-- -
This definition is limited, however, to information which was prepared with the intent of
(
perpetuating, communicating or formalizing knowledge. Information is determined to be a
"public record" based on the content, not the form of transmission. The starting point is whether
the information was prepared or received by the Authority in connection with official business
used to perpetuate, communicate or formalize knowledge.
Records Management
A closely associated issue is record management and retention. The Florida Department
of State has established a records management program which is applicable to all public
agencies. The Records Program provides general retention schedules which establish a
minimum length of time that a "public record" must be maintained by a government agency.
When disposing of records an agency must: a) ensure that the age of the record has exceeded the
( retention requirements (knowledge of the retention periods is the responsibility of the agency);
and, b) document the disposition of any public records in its custody. An exception to this rule
is that government agencies are not required to document the disposition of records with a
retention designation of "retain until obsolete, superseded or administrative value is lost"
("OSA"). Documents that are labeled OSA, are eligible for destruction whenever the document
is no longer of use.
The Records Program has developed specific requirements for the retention of emaiI.
Personal messages, which do not involve official business are not "public records" to begin with
and are not subject to the Records Program or any retention schedule. Emails that do involve
official business are "public records" and the master or "record" copy should be given to the
Authority for retention. Duplicate copies of "public records" should be deleted after a "record"
( copy has been filed with the Authority. The same procedure applies for all documents that have
34
--
been determined to be "public records", after the "record" copy is forwarded to the Authority all
(
duplicates should be deleted.
( --
(
35
.~".-_.,._~._.-------~- -
11111 BOND, SCHOENECK & KlNG, P.A.
ATTORNEYS AT LAW 0 FLORIDA KANSAS
NEW YORK
MEMORANDUM
TO: City of Naples Airport Authority
Commissioners
Theodore D. Soliday
FROM: F. Joseph McMackin III
Lenore T. Brakefield
DATE: May 17, 2006
-
RE: Agenda and Conduct ofNAA Regular Meetings
Florida's Government-in-the-Sunshine-Law1, conunonly referred to as the
Sunshine Law; provides a right of access to governmental proceedings at both the state and local"
levels. The law is applied to any gathering oftwo or more members subject to the Sunshine
( requirements to discuss some matter which will foreseeably come before the governing board for
action. There are three basic requirements ofs.286.011, F.S.:
(1) meetings of public boards or commissions must be open to the public;
(2) reasonable notice of such meetings must be given; and
(3) minutes of the meetings must be taken.
Public Participation
A recent Attorney General's Opinion and several Florida courts of have
recognized the importance of public participation in open meetings. However, the Supreme
( I The infonnation in this Memorandum is taken directly from the Government-in-the-Sunshine Manual.
36
- .._..._~.. -
Court has indicated that with regard to certain types of executive meetings, there may not be a
right under s. 286.0II, F.S., for members of the public to participate. In Wood v. Marston, 442
So. 2d 934, 94 I (Fla. I 983), the Court noted:
This Court recognizes the necessity for the free exchange
of ideas in academic forums, without fear of governmental
reprisal, to foster deep thought and intellectual growth. . . .
We hasten to reassure respondents that nothing in this
decision gives the public the right to be more than
spectators.
Until the matter is clarified, the Attorney General's Office has recognized that
when committees are carrying out certain executive, functions which traditionally have been
conducted without public input, the public has the right to attend but may not have the
opportunity to participate. See, Law and Information Services v. City of Riviera Beach, 670 So.
2d 1014, IOl6 (Fla. 4th DCA 1996), citing Marston for the principle that the public does not
( have a right to speak on all issues prior to resolution of the issue by the board; Homestead-
Miami Speedway, LLe. v. City of Miami, 828 So. 2d 4 I I (Fla. 3d DCA 2002) (city did not
violate Sunshine Law where there was public participation and debate in some but not all ofthe
meetings concerning a proposed contract).
Nonetheless, if a committee or board is carrying out legislative responsibilities,
the Attorney General's Office has advised that the public should be afforded a meaningful
opportunity to participate at each stage of the decision-making process, including workshops.
See, Inf. Op. to Thrasher, January 27,1994; and Inf. Op. to Conn, May 19, 1987.
Authority to Adopt Reasonable Rules
In providing an opportunity for public participation, the Attorney General's Office
( has advised that reasonable rules and policies, which ensure the orderly conduct of a public
37
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meeting and which require orderly behavior on the part of those persons attending, may be
adopted by a public board. For example, a rule which limits the amount of time an individual
may address the board could be adopted provided that the time limit does not unreasonably
restrict the public's right of access.
Although not directly considering the Sunshine Law, the court in Jones v.
Heyman, 888 F.2d 1328, 1333 (1 Ith Cir. 1989), concluded that a mayor'S actions in attempting to
confine the speaker to the agenda item in the city commission meeting and having the speaker
removed when the speaker appeared to become disruptive constituted a reasonable time, place
and manner regulation and did not violate the speaker's First Amendment rights. And see, Rowe
v. City of Cocoa, 358 F. 3d 800 (1 I th Cir. 2004) (city council's regulation limiting speech of
nonresidents during its meetings is viewpoint-neutral and does not violate the First or Fourteenth
Amendment rights of nonresidents). Compare, AGO 04-53 (statute requiring special district
I ,
board to hold "a public hearing at which time qualified electors of the district may appear and be
heard" does not prohibit nonqualified electors from participating).
Conclusion
I) The only mandatory requirements of Government-in-the-Sunshine-Law are that meetings
must be open to the public, notice must be given and minutes must be taken.
2) Although public participation is encouraged (especially when carrying out legislative
responsibilities), it is not mandatory that the public have the right to speak about each item
on every agenda.
3) The City of Naples Airport Authority is within its right to adopt reasonable rules to
govern its meetings. Because the Authority seems to have adopted the "Right to Speak"
/
,
38
.._--------
rules as outlined in Fla. Stat. 720.306 (6) which governs meetings of Homeowners'
Associations, the rules wiIllikely be deemed reasonable. This statute requires that all
members or parcel owners have the right to speak for at least three (3) minutes on any item,
provided that the member or parcel owner submits a written request to speak prior to the
meeting. Fla. Stat. 720.306.
{
I
39
.......---. < - ---- -- .- .-,--_.. .--,~ '.-'-~ ---'-
11111 BOND, SCHOENECK & KING, P.A.
ATTORNEYSATLAW . FLORIDA KANSAS NEWYORK
MEMORANDUM
TO: Hon. Jeanne Brooker, Chair
Hon. Linda M. Hartman
Hon. Jackie Fresenius
Hon. Robert D. Geroy
Hon. John F. Johnson
Frank W. Van Essen, Ph.D., Executive Director
Stacy J. Welch
FROM: F. Joseph McMackin III, Esq.
DATE: August 2, 2007
RE: USE OF DISTRICT FUNDS FOR LOBBYING IN TALLAHASSEE
OUESTION:
( May the Collier Mosquito Control District ("CMCD") use funds obtained from local property
taxes for the purpose of retaining a lobbyist or lobbying directly to espouse a particular position
in a political issue?
ANSWER:
Article VII, Section I 0, Florida Constitution provides that public funds may only be used for
public purposes, unless expressly and specifically authorized by statute.
REASONING:
The purpose of Article VII, Section IO, Florida Constitution, which prohibits the
state, county, municipality, school district, special district or any agency thereof from lending or
using its taxing power or credit to aid any corporation association, partnerships or person, is to
protect public funds and resources from being exploited in assisting or promoting private
ventures when the public would be at most incidentally benefited. See, Bannon v. Port of Palm
Beach District, 246 So.2d 737.
\
40
.-,,-----..-
There are Attorney General Opinions in which the Attorney General opined that
there may be a situation where public ftmds could be used for lobbying. Attorney General
Opinion 88-52 addresses the question of whether a Board of County Commissioners may expend
county ftmds for lobbying upon a finding of public interest. The conclusion was that upon
making the appropriate [mdings that an expenditure of county ftmds for lobbying purposes
serves a county purpose and is in the public interest, the Board of County Commissioners may
expend county ftmds for lobbying. However, the use of such ftmds must not violate state law or
the Florida Constitution and may only be used for lobbying when properly budgeted for such
purpose. In Attorney General Opinion 86-87, Brevard County was given permission to spend
county ftmds to publicly advertise its position on an issue to be voted on in an upcoming
referendum, as long as such action was not restricted by, nor inconsistent with, general or special
law and provided that the County Commission, prior to making such expenditures, makes
(
legislative [mdings regarding the purpose of the expenditure and the benefits accruing to the
county. The expenditure must serve a county purpose.
Another Opinion found that municipal ftmds may be used to support or oppose the
question of annexation as it is a matter that affects and involves the interest of the municipality
and its citizens. AGO 74-227. While these Opinions did not confirm that lobbying was
prohibited, the situations where ftmding lobbying was permitted were fact specific and not
generalized.
Pursuant to Florida law, public ftmds may not be expended by a county, district or
other statutory entity for lobbying purposes unless expressly and specifically authorized by
statute. Upon review of Chapter 388, Fla. Stat., all state ftmds must be used by CMCD in
accordance with a detailed work plan and certified budget approved by both the Department of
I
41
---- -~,--,-_. _.-." -.'---_.._"...-,_.-,---
Agriculture and Consumer Services and the District. Section 388.621, Fla. Stat" lists the
permitted uses of state funds by a Mosquito Control District and there is no authorization
allowing for public funds to be used for the purposes of lobbying. However, Section 388.161,
Fla. Stat., authorizes the Board of Commissioners to do any and all things necessary for the
control and elimination of all species of mosquitoes and other arthropods for public health
protection, so it may be possible to argue that District lobbying would fall into that category but
that would be a stretch.
Attorney General Opinion 77-8 found that "'other necessary expenditures' which
were part of legislation creating a civic facilities authority, should not be interpreted as
permitting expenditure of the Authority's funds for lobbying." A parallel argument could be
made for the language contained in Section 388.161, Fla. Stat. There is no direct statutory
( authorization allowing CMCD to use public funds for lobbying; therefore, CMCD would, at the
very least, first need to make legislative findings showing the purpose of the expenditure and the
benefit to the public in order to use public funds for lobbying.
(
42
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( 11111 BOND, SCHOENECK & KING, P.A.
ATIORNEYSATLAW . FLORIDA KANSAS NEWYORK
MEMORANDUM
TO: Collier Mosquito Control District
FROM: F. Joseph McMackin, III
DATE: June 16, 2005
RE: Process for Selection of Insurance Agent
-
Florida law is not detailed regarding the purchase of goods and services by special
districts. As was noted in a legal opinion given by a senior attorney of the State of Florida
Department of Community Affairs, the only areas that seem to be regulated are the bidding
requirements for architectural, engineering and banking services. Fla. Stat. Sections 287.055 and
( 280.01, There are no other statutes which establish procedures for the procurement of services
by special districts. However, Collier Mosquito Control District ("CMCD") has established its
own policy for selecting an insurance provider in its Commissioner Handbook.
Pursuant to policy #2002-02 "Obtaining Insurance Coverages" contained in the
CMCD Commissioner Handbook, the following process must be accomplished when selecting a
new insurance agent. CMCD must determine the providers likely to respond. Consideration is
given to the current provider and then to responses from other companies expressing an interest
in providing this service. Next, information should be gathered regarding current coverages.
TIris includes: limits ofliability, amount for property coverage (for buildings, use most recent
GAB appraisal-insurable reproduction cost) and the desired deductible, CMCD should compile
the following: a list of vehicles owned, a list of current drivers with driver's licenses, a list of
( aircraft owned and pilot history forms for all avigation of CMCD aircraft.
43
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Once the information is collected, it should be provided in identical form to all
!
agencies expressing an interest in submitting a proposal. All bidders must provide proposals
with identical coverage. It should be clear that alternate quotations for coverages may be offered
(in addition) but will not be considered in the comparison of proposals. Agencies wishing to bid
will provide blank applications to CMCD, which will be completed in-house. Proposals must be
submitted to CMCD on a pre-determined date. Ten copies of the proposal must be submitted by
each agency.
Once proposals are received, an in-house comparison report will be completed.
Time permitting, agents will be contacted for the purpose of clarification in staff s best effort to
provide an accurate comparison. At this point, proposals and the comparison report will be
provided to Commissioners prior to the date of the board meeting when all proposals will be
considered. Agencies submitting proposals will be invited to attend the meeting. Each agency
(
participating may have an individually scheduled time to offer proposals. In addition, a question
and answer session comparing coverages will be held with all participating agencies invited to
attend.
(
44
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I 111111 BOND, SCHOENECK & KING, P.A.
ATIORNEYSATLAW' FLORIDA KANSAS NEWYORK
MEMORANDUM
TO: Robert D. Geroy, Chairman
Frank VanEssen, Ph.D., Executive Director
Stacy Welch, Director of Administration
FROM: F. Joseph McMackin, III
Lenore T. Brakefield
DATE: September 13,2005
RE: District contributions to aid in Hurricane Katrina relief
Issue: Collier Mosquito Control District ( "CMCD") inquired as to whether it may use
taxpayer funds for purposes outside the District and to what extent. Specifically, CMCD wanted
to know whether it could contribute money and/or equipment to aide Louisiana, Mississippi or
( Alabama in the wake of the devastation of Hurricane Katrina.
Executive Summary: It is uncertain whether CMCD, as a general policy, would be able
to expend taxpayer funds for purposes outside the District. The Florida statutes are vague.
However, due to Hurricane Katrina, President Bush signed a Presidential Disaster Declaration
which allows states to use taxpayer funds to aid states affected by the hurricane. In addition,
under the Mutual Aid Compacts there are governor to governor agreements between various
states to provide aid to each other. Florida has entered into a Compact with Mississippi; while,
Texas has entered into a Compact with Louisiana. The Florida Compact allows CMCD to use
taxpayer funds to aide the State of Mississippi as the District sees fit.
In researching this issue, we contacted the Department of Agriculture and Consumer
( Services and specifically the Bureau of Entomology and Pest Control (the "Bureau"). We were
45
.~,,~-----
put in contact with the Mike Paige, Director of the Bureau. Mr. Paige advised us that the most
efficient way for CMCD to help Mississippi was to prepare a "Notification" which contains a list
of resources that CMCD is willing to make available. Once this Notification is complete, Mr.
Paige will help the District submit it as required under the Florida-Mississippi Mutual Aid
Compact. The proper officials in Mississippi will be contacted so that they are aware of the
resources CMCD has to offer. If and when the State of Mississippi needs any of these identified
resources, including funds, CMCD will be notified. Mr. Paige is willing to help CMCD
accomplish this donation. He has provided us with the following contact numbers to help
expedite the process:
Office: (850) 921-4177
Home: (850) 668-9725
Cell: (850) 528 -5314
(
I
46
-.--"-.--....--.--,-
11111 BOND, SCHOENECK & KING, P.A.
ATTORNEYS AT LAW . FLORIDA KANSAS NEWYORK
MEMORANDUM
TO: Collier Mosquito Control District
FROM: F. Joseph McMackin, III
Lenore T. Brakefield
DATE: May 25, 2005
RE: Duties of the Treasurer
Collier Mosquito Control District ("CMCD") has power pursuant to the Florida
Statutes to establish a board of commissioners. Fla. Stat. 388.121. Included within the board is
the position of treasurer. Additionally within the Florida Statutes is the power of the board to
.' appoint and fix the salary ofa chief financial officer ("CFO"). Fla. Stat. 189.436. The CFO is
,
\
responsible for the funds and finances ofCMCD. Any funds disbursed must be done at the
direction of the board and signed by the persons designated by the board. Additional duties and
powers may be given by the board to the CFO. However, the Florida Statutes does specifically
assign the treasurer the duty of accepting the payment of taxes from the tax collector. Fla. Stat.
388.221. Taxes are to be held by the treasurer for the credit of the board and paid out by the
treasurer as ordered by the board.
Collier Mosquito Control District has correctly established a board of
commissioners, including the position of treasurer. Further, CMCD has appointed a CFO who is
charged with administering its fiscal affairs. Essentially the treasurer supervises the CFO.
Consequently, the day to day tasks associated with funds, finances and fiscal affairs are
delegated to the CFO. This is accomplished, in part, through the use of the facsimile signature of
,
'\
47
---, -
the treasurer. Based on conversations with the board, treasurer and CFO, it appears that CMCD
is operating within the power conferred to it by the Florida Statutes.
(
(
48
- ----
Tab In, Cost of Services to the Value Adjustment Board
REQUEST FOR PROPOSAL
NUMBER RFP 08-5102
TAB III: Cost of Services to the Value Adjustment Board
A. Fixed Flat Annum Fee for Value Adiustment Board. Year to
December 31.2008:
$6,000.00
B. Method of Payment:
Traditional $6,000.00
Standard $6,240.00
( C. Alternate Hourly Rate Schedule:
F. Joseph McMackin III $295.00
Lenore T. Brakefield $180.00
Paul D. Lehmann $225.00
Monica L. Dickerson $160.00
(
252023.1 7/22/2008
49
Tab IV, Specialized Expertise of Staff
(
(
50
LEAD COUNSEL
I F. JOSEPH McMACKIN, III
Mr. McMackin is a graduate of Wesleyan University (B.A., 1968) and
the University of Miami School of Law (J.D., 1973). He has practiced
in Collier County for 35 years. He is 'A" rated and listed among 'The
Best Lawyers in America."
His government clients include The City of Naples Airport Authority
and the Collier Mosquito Control District. Mr. McMackin is President
of the Collier County Museum, President of the Board of Trustees,
TECH/Sunrise Opportunities of Collier County.
Mr. McMackin is the senior partner of the Finn and, having practiced law in Collier County since 1973,
has a breadth of legal experience in both govemmental and litigation matters. In his career
representing govemments, lenders, developers, and individuals, he has encountered and resolved
almost every conceivable issue these entities face.
( In conjunction with his govemmental and litigation practice, Mr. McMackin has been involved in
bonding matters for the Naples Airport Authority and Naples Community Hospital. Additionally, Mr.
McMackin was fonnerty General Counsel to the Barnett Bank of Naples and a member of its Board of
Directors. During his representation of Barnett Bank, he reviewed bond recommendations and advised
the Board on numerous matters related to bond ratings.
4001 Tamiami Trail North
Suite 250
Naples, FL 34103
Direct: 239-659-3861
Fax: 239-659-3812
E-Mail: jmcmackin@bsk.com
Web: www.bsk.com BOND, SCHOENECK & KING, P.A. mIll
(
I ATTORNEYS AT LAW . FLORIDA KANSAS NEW YORK. ~
51
,_.
ASSOCIATE COUNSEL
I LENORE T. BRAKEFIELD
Ms. Brakefield is a graduate of the University of Florida (B.A., with
honors, 1996; M.A., 1997) and the University of Florida Levin College of
Law (J.D., with honors, 2004). She is admitted to practice law in Florida
and the Middle District of Florida for the United States District Court.
Prior to attending law school, Ms. Brakefield was an elementary school
educator in St. Lucie County for four years, teaching reading to
developmentally delayed children.
Ms. Brakefield has lived in Coller County since 1983. She began her
legal career in 2005 with Bond, Schoeneck & King and concentrates her
practice in matters concerning Govemment, Business/Corporate Law and Civil Litigation. Since joining the
firm, she has worked closely with the commissioners and directors of the City of Naples Airport Authority
and Collier Mosquito Control District. She has worked on various matters for these public entities including
research, consultation, drafting and contract negotiation. In particular, Ms. Brakefield has done extensive
( research on Florida's Government in the Sunshine and Public Records Laws. She has communicated on
behalf of the City of Naples Airport Authority with the Attorney General's office and Florida's First
Amendment Foundation to help it develop policies and procedures for its employees.
4001 Tamiami Trail North
Suite 250
Naples, FL 34103-3555
Direct: 239-659-3876
Fax: 239-659-3812
E-Mail: Ibrakefield@bsk.com
Web: www.bsk.com
( BOND, SCHOENECK & K1NG, P.A. IIII
I ATIORNEYS AT LAW' FLORIDA KANSAS NEW YORK . .
52
ASSOCIATE COUNSEL
I PAUL D. LEHMANN
I
Mr. Lehmann is a graduate of St. Cloud State University (B.E.S.,
1996) with a Major in Biology and the University of Wisconsin -
Madison, Law School (J.D., 2001). He is admitted to practice law in
Florida and Wisconsin. He is also admitted to practice before the
United States Supreme Court, the Middle and Southern Districts of
Florida, the Eastern and Western Districts of Wisconsin, and the
Courts of General Courts-Martial of the Armed Forces of the United
States.
Mr. Lehmann has lived in Collier County since 2002 and counsels
clients in a variety of matters concerning Real Estate, Land Use, Environmental, and Government Law.
Mr. Lehmann has extensive litigation experience at both the State and Federal levels. He previously
served as a Special Assistant United States Attorney in the Southern District of Florida where he
( gained valuable trial experience. Also, he recently returned from a leave of absence while he served
as an attorney for the United States Coast Guard in Miami, Florida and represented the Coast Guard
on a variety of matters.
Mr. Lehmann is a member of the Firm's Environmental and Energy Practice Group and is heavily
involved in the firm's representation of developers, contractors and home builders due to his land use,
environmental, and construction experience.
4001 Tamiami Trail North
Suite 250
Naples, FL 34103-3555
Direct: 239-659-3819
Fax: 239-659-3812
E-Mail: plehmann@bsk.com
Web: www.bsk.com
( BOND, SCHOENECK & KING, P.A. 11111
ATIORNEYS AT LAW . FLORIDA KANSAS NEW YORK I ~
I
53
.......
STAFF SUPERVISOR
I MONICA L. DICKERSON
Ms. Dickerson has been a resident of Collier County since 1961 and
has been employed by Bond, Schoeneck & King for over 25 years.
Presently Ms. Dickerson is the Manager of Bond, Schoeneck &
King's affiliate title company, Lutgert Title, LLC and an experienced
real estate professional. Ms. Dickerson's expertise includes title
examination, preparation of conveyancing documents, preparation of
financing instruments and related real estate work necessary to
successfully close a real estate transaction in accordance with the
contractual obligations of the parties.
Ms. Dickerson will be a key contact person for the Value Adjustment Board for the Magistrate and
Petitions.
In addition to her professional career, Ms. Dickerson has volunteered for charitable organizations in
( Collier County including Avow Hospice and Habitat for Humanity.
4001 Tamiami Trail North
Suite 250
Naples, FL 34103-3555
Direct: 239-659-3803
I Fax: 239-659-3812 BOND, SCHOENECK & K1NG, P.A. mill
I E-Mail: mdickerson@bsk.com
Web: www.bsk.com ATIORNEYS AT LAW' FLORIDA KANSAS NEW YORK
252749.1 7/2212008
54
-
Tab V, References
(
As references for sirnilar clients in related areas which dernonstrate rny abilities and
qualifications for the services requested in this RFP, I offer the following.
Frank W. Van Essen, Ph.D. Services:
Executive Director General legal representation
Collier Mosquito Control District 2004-present
600 North Road
Naples, FL 34104
Telephone: (239) 436-1000
fvanessen@crncd.org
Theodore D. Soliday Services:
Executive Director General legal representation
City of Naples Airport Authority 2002-present
160 Aviation Road North
Naples, FL 34104
Telephone: (239) 643-0733
tsoliday@f1ynaples.com
Edward A. Morton Services:
( Mernber Real estate representation at
Wasrner, Schroeder & Cornpany, Inc. NCH Healthcare Systern, Inc.
600 5th Avenue South, Suite 210 1995-2007
Naples, FL 34102
Telephone: (239) 263-6877
ern@wasrnerschroeder.com
Larry H. Ray Services:
Collier County Tax Collector's Office Real estate representation at
3301 Tarniarni Trail East NCH Healthcare Systern, Inc.
Naples, FL 34112 1995-2007
Telephone: (239) 252-8350
Ernail: Iray@colliertax.com
Jack B. Ullrich Services:
Director of Corporate Real Estate Real estate representation at
NCH Healthcare System, Inc. NCH Healthcare System, Inc.
350 7th Street North 1995-present
Naples, FL 34102
Telephone: (239) 436-6199
Ernail: jack.ullrich@nchrnd.org
( .
252730.1 7/2212008
55
. ~---
Tab VI, Acceptance of Conditions
I IIII BOND, SCHOENECK & KING, P.A.
ATIORNEYSATLAW' FLORIDA KANSAS NEWYORK
July 23, 2008
Value Adjustment Board
c/o Michael F. Hauer, CPPO, CPPB
Collier County Purchasing Department
3301 Tamiami Trail East, Building G
Naples, FL 34112
Re: Response to Collier County RFP #08-5102
Tab VL Acceptance of Conditions
Gentlemen:
Please accept this letter in respons~ to Tab VI, Acceptance of Conditions, Collier County RFP
#08-5102 and my statement that I am unaware of any exceptions to be taken to the general terms
and conditions of the RFP or to the insurance requirements or any other requirements listed in
( the RFP.
Very truly yours,
F. Joseph McMackin III
Direct: 239.659.3861
jmcmackin@bsk.com
FJM/jch
( 4001 Tamiami Trail North, Suite 250, Naples. FL 34103-3555. Phone: 239-659-3800' Fax: 239-659-3812' www.bsk.com
L,.<.JL/,)I.J IILJ,Luv0
56
-..--
Tab VIII, Required Form Submittals
Value Adjustment Board Attorney Agreement
Proposer Check List
Conflict of Interest Affidavit
Proposer Qualification Forrn
Declaration Statement
Affidavit Clairning Status as a Local Business
(
(
252732.1 7/2212008
57
.- -.-.------,.---.--
Tab VIII, Checklist
ATTACHMENTS
THIS SHEET MUST BE SIGNED
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
PROPOSER CHECK LIST
IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and
return with your Proposal.
Proposer should check off each of the following items as the necessary action is
completed:
[ZJ The Proposal has been signed.
~ All information as requested in the Proposer's Qualification Form is
included.
[ZJ All applicable forms have been signed and included
[ZJ Any addenda have been signed and included.
[ZJ The mailing envelope has been addressed to:
( Collier County Board of County Commissioners
Purchasing Departrnent, Building "G"
3301 Tarniami Trail, East
Naples, Florida 34112
Attn: Michael F. Hauer, CPPO, CPPB
[XJ The mailing envelope rnust be sealed and marked with proposal
Number, Proposal Title and Due Date.
[XJ The Proposal will be rnailed or delivered in time to be received no later
than the specified due date and time. (otherwise Proposal cannot be
considered.) ,
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER.
AND TITLE ON THE OUTSIDE OF THE COURIER PACKET
Company Name
Signature and Member
Date u
Email jmcrna
(
~ON-CCNA-Manual (Revision 6/2008) 23
63
.' -..-...--..---
-,-~_..,..~-_.." ~ '^ - - - ~ - -~ - - --- - - ---.-
Tab VIII, Conflict Affidavit
CONFLICT OF INTEREST AFFIDAVIT
By the signature below, the firrn (employees, officers and/or agents) certifies, and
hereby discloses, that, to the best of their knowledge and belief, all relevant facts
concerning past, present, or currently planned interest or activity (financial, contractual,
organizational, or otherwise) which relates to the proposed work; and bear on whether
the firrn (ernployees, officers and/or agents) has a possible conflict have been fully
disclosed.
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in
writing the Purchasing/General Services Director, or designee, if any actual or potential
conflict of interest arises during the contract and/or project duration.
Bond, Schoeneck & King, P.A.
Firm
,Julyla. 2008
Date
( F. Joseph McMackin III
Name Printed
Member
Title of Person Signing Affidavit
State of Florida )
County of Collier )
SUBSCRIBED AND SWORN to before me this mvd day of July ,
20QSL., by F.Joseph McMackin III , y..rho is personally known to me to be
the MI'.m OCr for the Firrn, OR who produced the following
identification:
. C}(A.JJ(f ~- ~~~ ..'....~r~ JUDY O. HAMILTON .
f.'t~, MY COMMISSION t DO 454451
Notary Public ~. ! j EXPIRES: AU~UlI6, 2009
'1'I.f.RM . Bon~d 'ThN Ncwy ubll/) Undtrwrtters
, n'
My Commission Expires:
I
NON-CCNA-Manual (Revision 612008) 24
64
Tab VIII, Qualification Form
PROPOSERS QUALIFICATION FORM
LIST MAJOR WORK PRESENTLY UNDER CONTRACT: ,
% Completed Proiect Contract Amount
_ None - $
$
$
LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD:
F. Joseph McMackin 111,' individually, is a candidate for the Attornev Special Magistmte ro~ition.
RFQ #08-5076.
OTHER INFORMA nON ABOUT PROJECTS:
_None _
(
Have you, at any tirne, failed to complete a project? DYes [29 No
STATEMENT OF L1TIATION:
Are there any judgments, claims or suits pending or outstanding Qy or aqainst you?
DYes [ZI No . .
If the answer to either question is yes, subrnit details on separate sheet. List all lawsuits that have
been filed by or against your firm in the last five (5) years:
FEES:
List total fees for work done on all Collier County Governrnent projects in the past five (5) years,
whether as an individual firm or as part of a joint venture. Fees must be listed individually by
contract or project and then summarized as a total dollar amount. Attach additional page
if necessary.
l. $ -0- Total Fees for work done on all Collier County projects
NON-GGNA-Manual (Revision 6/2008) 25
65
REFERENCES:
Bank(s) Maintaining Account(s): Northern Trust. NA -- Mauric;e Shea SeniCJr ViC:A PrA~irlp'n!
Bank of America
Surety/Underwriter: (if required) Marsh USA. Inc.. 300 South State Street One Park Place
Syracuse, NY 13202
Other References: (Use additional sheets if necessary)
See Tab V.
TYPE OF FIRM:
[XJ Corporation/Years in Business: 30.' If firm is a corporation, please list state in
which it is incorporated: Florida . If firm is a corporation, by signing this form,
Proposer certifies that the firm is authorized to do business in the State of Florida.
D Partnership/Years in Business:
D Sole Proprietorship/Years in Business:
D Other: Please list:
(" Pursuant to information for prospective Proposers for the above-mentioned proposed
project. the undersigned is subrnitting the information as required with the
understanding that it is only to assist in deterrnining the qualifications of the organization
to perform the type and magnitude of work intended, and further, guarantee the truth
and accuracy of all statements herein made. We will accept your determination of
qualifications without prejudice.
Name of Organization:
\
Title:
Attested By:
Title:
Date: JuIVZ3. 2008
(
NON-GCNA-Manual (Revision 6/2008) 26 66
DECLARATION STATEMENT
BOARD OF COUNTY COMMISSIONERS
'Collier County Government Complex
Naples, Florida 34112
RE: RFP NO. 08-5102 "Independent Legal Counsel for the Collier County
Value Adjust Board"
Dear Cornrnissioners:
The undersigned, as Proposer (herein used in the masculine, singular, irrespective of
actual gender arid number) declares that he is the only person interested in this proposal
or in the contract to which this proposal pertains, and that this proposal is made without
connection or arrangement with any other person and this proposal is in every respect
fair and made in good faith, without collusion or fraud.
The Proposer further declares that he has complied in every respect with all the
Instructions to proposers issued prior to the opening of proposals, and that he has
satisfied hirnself fully relative to all rnatters and conditions with respect to the general
condition of the contract to which the proposal pertains.
( The Proposer puts forth and agrees, if this proposal is accepted, to execute an
, appropriate Collier County document for the purpose of establishing a formal contractual
relationship between him, and Collier County, for the performance of all requirements to
which the proposal pertains. The Proposer states that the proposal is based upon the
proposal docurnents listed byRFP #08-5102.
I
(Proposal Continued on Next Page)
I
NON-GGNA-Manual (Revision 612008) 27
67
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ~ day
of July , 200~ in the County of Collier , ,in the State of
Florida'
Bond. Schoeneck & King. PA
Firm's Cornplete Legal Name
4001 Tamiarni Trail North. Suite 250
(Add ress)
Naples, FL. 34103
(City, State, ZIP)
Phone No. (:;>39) 6h9-:>RR1 Check one of the following;
Fax No. (239) 659-3812 o Sole Proprietorship
[Zj Corporation or PA State of Florida
o Lirnited Partnership
o General Partnership
(
ADDITIONAL CONTACT INFORMATION
Send payrnents To:
(REQUIRED ONLY if different frorn above)
(Company Name used as Payee)
. Contact Name:
Title: (Address)
(City, state, ZIP)
Phone No.
FAX No.
Email address:
Office Servicing Collier County Account /Place Orders/Request Supplies
(REQUIRED ONLY if different frorn above)
(Address)
Contact Name
Phone No. (City, State, ZIP)
Title FAX No.
Email Address:
(
NON-CONA-Manual (Revision 6/2008) 28
68
,'--...-.-- -.--,---.-"'--->,-
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
ITB/RFP/RFQ#:08-5102
STATE OF FLORIDA and the COUNTY OF COLLIER
PROPOSERlBIDDRlQUOTER AFFIRMS THAT IT IS A LOCAL BUSINESS AS
DEFINED BY THE PURCHASING POLICY OF THE COLLIER coUNTY BOARD OF
COUNTY COMMISSIONERS AND THE REGULATIONS THERETO. ,
AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY;
"Local Business" rneans a Collier County business that has a valid occupational license
issued by Collier County at least one year prior to bid or proposai submission to do
business within Collier County that authorizes the business to provide the commodities
or services to be purchased, and a physical business address located within the limits of
Collier County frorn which the vendor operates or performs business. Post Office Boxes
( are not verifiable and shall not by used for the purpose of establishing said physical
address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the econornic development and well.beingoLCoHier ",.. ..,'
County in a verifiable and rneasurable way. This may include, but not be Iirnited to, the
retention and expansion of ernployment opportunities, the support and increase to the
County's tax base, and residency of employees and principais of the business within
Collier County.Vendors shalIaffirrn in writing their compliance with the foregoing at the
tirne of submitting their bid or proposal to be eligible for consideration as a "local
business" under this section. A vendor who misrepresents the Local Preference status
of its firm in a proposal or bid submitted to the County will lose the privilege to claim
Local Preference status for a period of up to one year.
Please provide the following information for the Proposer/Bidder/Quoter:
Year Business Established in Collier County: 1978
Nurnber of Ernployees (Including Owner(s) or Corporate Officers): 25
,.
Nurnber of Employees Living in Collier County (Including Owner(s) or Corporate
Officers): 21
(
NON-CCNA-Manual (Revision 6/2008) 29
69
-,-,-,"-'-'._-_..__.__._~--_..
~'...~---
If requested by the' County, proposer/bidder/quoter will be required to provide
docurnentation substantiating the inforrnation given in this affidavit. Failure to do so will
result in proposer/bidder/quoter's submission being deemed not applicable.
Bond, Schoeneck & King, PA
Proposer/Bidder/Quoter Name
Signature
McMackin III
Member
Title
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County,
on this a3(6 Day of Julv ' ,2008 .
( CfA21ID G<~~ ,.
Notary Pub .
I,:""",I~ JUDY C. HAMilTON '
, t:.~i:4 MYCOMMISSIONND0454451
, '%.... ."i~i EXPIRES: August 6. 2009
Me' . E . . ~P,r.lfi"" BoodedThruNotaryPubJlcUnderwrtlars
y OrnmlSSIOn xplres:
(AFFIX OFFICIAL SEAL)
(
NON-eeNA-Manual (Revision 6/2008) 30
70
- -".'---'--'-"---'--~----'"
--
Collier County Florida
INSURANCE REQUIREMENTS
INSURANCE TYPE REQUIRED LIMITS
===================================================================
rzJ 1. Worker's Compensation Statutory Limits of Florida
Statutes, Chapter 440 and all
Federal Governrnent Statutory
Limits and Requirernents.
rzJ 2. Commercial General Liability Bodily Iniurv & Property Darnaqe
(Occurrence Forrn) patterned
after the current 1.5.0 form $500,000 single lirnit per
occurrence
rzJ 3. Indemnification: To the maximum extent perrnitted by Florida law, the
ContractorNendor/Consultqnt shall indernnify and hold harmless Collier County,
its officers and employees frorn any and all liabilities, damages, losses and costs,
including, but not Iirnited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful
condu.ct of the ContractorNendor/Consultant or anyone employed or utilized by
( the ContractorNendor/Consultant in the perforrnance of this Agreernent. This
indernnification 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.
0 4. Automobile Liability $ Each Occurrence
OwnedINon-owned/Hired
Automobile Included
rzJ 5. Other InSUfance as indicated below:
Professional Liability $ 1.000,000 Pef Occurrence
(
NON-CCNA-Manual (Revision 612008) 31
71
...-
---
COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS
(Continued)
IZJ 7. Contractor shall ensure that all subcontractors cornply with the same
insurance requirernents that he is required to meet. The same Contractor shall provide
County with certificates of insurance rneeting the required insurance provisions.
IZJ 8. Collier County must be narned as "ADDITIONAL INSURED" on the
Insurance Certificate for Commercial General Liability where required.
IZJ 9. Collier County Board of County Cornrnissioners shall be named as the'
Certificate Holder. NOTE--The "Certificate Holder" should read as follows:
Collier County Board of County Corn missioners
Naples, Florida
No County Division, Departrnent, or individual name should appear on the Certificate.
No other format will be acceptable.
IZJ 10. Thirty (30) Days Cancellation Notice required.
IZJ 11. The Certificate must state the RFP Nurnber and Title.
(
-----.-----------------------------------------
-------------~--------------------------------
PROPOSER'S AND INSURANCE AGENT'S STATEMENT:
We understand the insurance requirernents of these specifications and that the evidence
of insurability rnay be required within five (5) days of the award of RFP.
Bond, Schoeneck & KinQ. P.A. Marsh USA Inc.
~ Insurance Agency
-
iSignature ~oposer Signature of Proposer's Agent
F. Joseph McMackin III
, \,
(
NON-CCNA-Manual (Revision 6/2008) 32
72
. -'._-'-~"_.-. -'-'--~---'--' --,.-.----",-.,<-.,.'--'
---------
I ',' , ._. .
'j";'I~Ii'~~SI1~~?~~5("~g~!I~~jt~~f;i*~:,"<~:lil.ii?t.}J~~~~~~;~~~~;~;4
PRODUCER THIS-CERTlPIC,I,TE IS ISSUED AS A MATTER OF INFORMATIO/i Olil..Y A.NO COHFERS
'"'MARSH USA INO. HORIOHTS UPON THE OERTlFIOATE ~OLOER OTl-lE;R THAN THOSe PROVIDED If.! THE
300 SOl,!TH STATE STREET FOUey. THIS CERTIFICATE DOES NOT "'MEND, EXTEND OR ~I..TER THE COVERAGE
ONE PARK PLACE AFFORDED BY THE.POUCIES DESCR1BEO HERElli.
SYRACUSE. NY 13202 ,COMPANIESAFFORO!Nll,CQVERAGE
COMPANY
22539-1M- A COLWMBIA CASUALTY CO
INSURED COMPANY
BONO, SCHOENECK & KING. PlLC B
BOND. SCHOENECK & KING. PA
A TIN: KEllY JOHNSON COMPANY
ONE LINCOLN CENTER C
SYRACUSE. NY 13202
COMPANY
o
IWv'E,RAGE)f',c:,<!:t!(::, . ._,,,, " " " ,', ", '-,.~;;~,j!:\aip6ii~1l~~qTe(fi~I0\l':i(t
THiS IS TO CERTIFY THAT POLICIES OF INSVRANce DESCRIBED HEREIN HAVe BEEN ISSVeD TO THE INSURED NAMEO HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING AJ.JY REQUIREMENT, TERM OR CONDITION OF AN'( CONTRACT OR OTMER DOCI)MENT Vv'lTH RESPECT TO VJHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THe INSt,IRANCE AFFORDED BY THE POl.ICles OESCRIBED HEREIN IS SUBJECT TO Al.L THE TERMS, CONDITIONS AND EXCLUSIONS OF SVCH POLICIES. AGGREGATE
l.IMITS SHOw-.sMAY I~Ave seeN REDuceD BY PAID Cl,.AIMS,
CO TYPE 01" INSURANCE POLICY N\,lIolElER POUCY EFFECTIVE POUCY EXPIRATION UMIU
LTR OATE [IoIM/DONYl DATE (MMfOOlYYI
GENERALUABIUTi GENERAL AGGREGATE $
COMMERCIAl.GENERAl. L{ABILlTY PRODUCTS -COMPIOP AGG $
CLAIMS MA,OE 0 OCCUR PERSONAl. & ADV INJURY $
OVvNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
FIRE DAMAGE (An 01'111 fife) $
I MEO EXP one rSQn $
I AUTOMOBILS UABll..IlY
I COMBINED SINGLE LIMIT $
ANY AUTO
; ALL OWNED AUTOS BODILY INJURY $
i SCHEDULED AUTOS (Per porson)
( HIRED AUTOS BODilY INJURY $
NON.O\fl.t.lEO AUTOS (Per aoddenl)
PROPERTY DAMAGe: $
OARAGE UASJUTY AUTOONLY-EAACClDENT _$
ANY AUTO OlliER THAN AUTO ONLY: '. ",' . y:-:;,:.-"
-- CH A CIDENT $
AGGREGATE $
eXCESS UABIUTY EACH OCCURRENCE $,
UMBRELLA FORM AGGREGATE $
QTHERTHANUMBRELlAFORM $
WOR.KERS CQMPeHsAT 0 0 .1:":' i.: ...... .
EMPLOYERS' LIABILITY ER ':~~.
$
THE PROPRIETORl C $
PARTNERS/EXECUTIVE IN L EL DISEASE-POLlCY LIMIT
OFFICERS ARE: EXCl EL DISEASE-EACH EMPLOYEE $'
"'"
A PROFESSIONAL INDEMNITY PS132345145 08/15/07 08/15/08 NOT LESS THAN 1.000.000
EACH CLAIM.
2,000.000 AGGREGATE
PESCR1PTlOH OF OPERA TIONS/LOCA TIONSNEI{lCLESISPECIALITEMS
OE"FlTIFtcATE'ao.td~,~ <,~';'Ci'{i!{~~.~~:Trql{""
SHOUlO NlY OF THE POLICIEIi oeSCRI6EO HEREIN Elf cmCELLEO ~EFORE THE EXPIRATION OATE THcfl.EOF,
TlU~ INSURER AffORDING COVERAGE. WILL ENDEAVOR TO WJl --31l DAYS WR.ITTEN NOl1Ce TO TIiE
CERTIfiCATe. HOWER HAUED HeREIN. Bur FAlLURE TO f,lAll SUCH NOTIC!! SHALL IMPose No OBLIGATION OR
LIABILITY 0'" #/.'(' KIND UPON THe: INSURER AFPOROING COVERAGE, ITS "GENTS OR REPRESENTATIVES, OR THE
( ISSUER o'THI!J CERTIFICATE.
MARSH USA me,
BY: Kimberly A. 'vVinter ~ o...kl~
VALID AS OF:;08/14/07
. .... :".\:r;_i~':~~.-i '.'i; ,~;-..,
73
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