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Agenda 03/08/2016 Item #16K 5 3/8/2016 16.K.5. EXECUTIVE SUMMARY Recommendation to approve a Retention Agreement for Legal Services with Law Office of Brian Armstrong, PLLC. OBJECTIVE: That the Board of County Commissioners (Board) approves and authorizes its Chairman to sign an Retention Agreement for legal services with the Law Office of Brian Armstrong, PLLC. CONSIDERATIONS: Attached for the Board's approval is a Retention Agreement with the Law Office of Brian Armstrong, PLLC (the "Firm"). The Firm has special expertise and resources in a wide range of sophisticated legal concerns, with particular expertise and knowledge in public utility law, including representing counties, municipalities, authorities and special districts in a wide variety of water, wastewater, natural gas and electric utility, and environmental issues. The attached contract does not address any specific project or assignment but allows the County to use the Firm on an as-needed basis. The professional services to be rendered are for an initial two-year period with the opportunity to extend the agreement for three (3) additional one year renewal terms upon the mutual consent of the parties. The Firm's rates are based on the experience and expertise of counsel that will be assigned to future tasks and are consistent with current rates of other outside counsel employed by the County. The proposed Retention Agreement is in a standard form contract consistent with other County retained outside counsel. FISCAL IMPACT: There is no fiscal impact incurred by this action. Divisions utilizing the Firm will be responsible for any future billed services. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairman to sign the attached Retention Agreement with the Law Office of Brian Armstrong, PLLC. PREPARED BY: Scott R. Teach, Deputy County Attorney ATTACHMENT: Retention Agreement Packet Page -1268- 3/8/2016 16.K.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.5. Item Summary: Recommendation to approve a Retention Agreement for Legal Services with Law Office of Brian Armstrong, PLLC. Meeting Date: 3/8/2016 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager,County Managers Office 2/29/2016 4:46:45 PM Submitted by Title: Executive Secretary to County Manager,County Managers Office Name: BrockMaryJo 2/29/2016 4:46:47 PM Approved By Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 2/29/2016 4:52:54 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/1/2016 7:37:58 AM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 3/1/2016 8:03:36 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 3/1/2016 8:39:22 AM Packet Page -1269- 3/8/2016 16.K.5. RETENTION AGREEMENT WITH THE LAW OFFICE OF BRIAN ARMSTRONG,PLLC This Retention Agreement is made by and between the Board of County Commissioners of Collier County, Florida (the "County"), and the Law Office of Brian Armstrong, PLLC, of Tallahassee, Florida("Armstrong") effective as of March 8, 2016. Whereas, Armstrong has special expertise and resources in public utility law, including representing counties, municipalities, authorities and special districts in a wide variety of water, wastewater, natural gas and electric utility matters, and environmental issues; and Whereas, the County from time to time has a requirement and need for legal services that is particularly within the expertise of Armstrong. Now, therefore, in consideration of the premises contained herein, the County hereby hires and retains the Law Office of Brian Armstrong, PLLC, who hereby agrees to provide legal services to County. ARTICLE 1 COMPENSATION; METHOD OF PAYMENT 1.1 Compensation shall be paid to Armstrong in accordance with the terms set forth in Exhibit "A" attached hereto and made a part hereof Requirements for reimbursable expenses are set forth in Exhibit `B," attached hereto and made a part hereof Expenses other than automobile expenses must be documented by copies of paid receipts or other evidence of payment. The Certificate contained in Exhibit "C" must be included with every invoice submitted for payment. I.2 The rates set forth in Exhibit "A" shall remain in effect without change for a minimum of two (2) years from the effective date of this Agreement. In the subsequent years of the Agreement, upon the request of Armstrong, the County Attorney is authorized to negotiate to increase the hourly rate up to a maximum of ten (10) percent without approval by the Board of County Commissioners. In the negotiation process, Armstrong must substantiate the reason the request is being made(i.e. market conditions, increase in CPI, etc.) 1.3 Multiple Attorney Assignments. The County acknowledges that, from time to time, it may be advisable for Armstrong to assign more than one attorney to a project or case. Nevertheless, in order to ensure that such multiple attorney assignments are efficient and cost- Page 1 of 15 CG"), Packet Page -1270- 3/8/2016 16.K.5. effective for the County, Armstrong agrees to the following procedures and billing limitations for multiple attorney assignments. 1.3.1 A primary attorney will be identified for such projects or cases and that attorney will be the contact attorney for the County except in the case of an emergency or the County's written pre-approval. In practice, this means that generally only the primary attorney will meet or communicate directly with County personnel or attend meetings, court, arbitrations, mediations or other proceedings on behalf of the County. 1.3.2 Attorneys assigned to a project or case other than the primary attorney will be less senior attorneys with lower billing rates unless the additional attorney(s) has/have a demonstrated expertise that will demonstrably enhance the value and efficiency of the legal services being provided to the County. 1.3.3 Armstrong, with the consent and supervision of the County Attorney, may coordinate legal services with another attorney or law firm that has an existing retainer agreement with the County. Services provided by such other attorney or law firm shall be administered and billed pursuant to the terms of the County's retainer agreement with such attorney or law firm. 1.3.4 Armstrong agrees that internal or in-house conferences among multiple attorneys assigned to a project or case shall be kept to the minimum reasonably necessary for the provision of the legal services in question. To the extent internal or in-house conferences among multiple attorneys assigned to a project or case are necessary, each such attorney may bill his or her customary rate for up to thirty (30) minutes for any such conference. To the extent such a conference exceeds thirty (30) minutes in length, Armstrong agrees that it will discount the total billings for all attorneys involved in the conference by forty-five(45) percent. L4 Armstrong may submit invoices for hourly work assignments pursuant to Exhibit "A" only after the services for which the invoices are submitted have been completed or expenses incurred. An original invoice plus one copy is due within fifteen (15) days of the end of the month, except the final invoice which must be received no later than sixty (60) days after the work is completed or the expiration of this Agreement. 1.5 To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to the instruction prescribed by County. Payment may be withheld for failure of Armstrong to comply with a term, condition, or requirement of this Agreement. Page 2 of 15 Packet Page -1271- 3/8/2016 16.K.5. 1.6 Payment shall be made to Armstrong at: Law Office of Brian Armstrong,PLLC Attn: Brian P. Armstrong P.O. Box 5055 Tallahassee, FL 32314-5055 ARTICLE 2 INSURANCE 2.1 In order to insure the indemnification obligation contained above, Armstrong shall as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, professional liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) Per Occurrence, Combined Single Limits. If any liability insurance obtained by Armstrong to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. 2.2 Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Collier County, Florida. 2.3 Armstrong shall furnish to the Risk Management Director Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to execution of this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall be for a period of two (2) years to begin February 2, 2016 and to end on February 2, 2018, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parties for three (3) additional terms of one (1) year each. (In the event the term of this Agreement extends beyond a single fiscal year of County, the continuation of Page 3of25 't Packet Page-1272- 9a 3/8/2016 16.K.5. this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from County in accordance with Chapter 129, Florida Statutes.) 3.2 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities by this Agreement. 3.3 Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. ARTICLE 4 TERMINATION 4.1 This Agreement may be terminated by either party for cause upon ten(10) days' notice or by either party for convenience upon no less than thirty (30) days' advance written notice in accordance with the "NOTICES" section of this Agreement. 4.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 4.3 In the event this Agreement is terminated for convenience, Armstrong shall be paid for any services performed to the date the Agreement is terminated; however, upon notice by either party to terminate, Armstrong shall refrain from performing further services or incurring additional expenses under the term of this Agreement. Armstrong acknowledges and agrees that Ten Dollars ($10) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Armstrong, is given as specific consideration to Armstrong for County's right to terminate this Agreement for convenience. Armstrong's obligations to the County as provided for hereunder shall cease upon termination, except for participating in an orderly and professional transfer of such responsibilities and files or copies of files to the County or its designee. Page 4 of 15 Packet Page -1273- 3/8/2016 16.K.5. ARTICLE 5 RECORD AUDIT AND INSPECTION 5.1 County shall have the right to audit the books and records of Armstrong pertinent to the funding under this Agreement. Armstrong shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, and other documents pertinent to this Agreement for a period of three (3) years after termination of this Agreement or, if any audit has been initiated and audit findings have not been resolved at the end of the three years, the books and records shall be retained until resolution of the audit findings. 5.2 If the Florida Public Records Act (Chapter 119, Fla. Stat.) is determined by County to be applicable to Armstrong's records, Armstrong shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by Armstrong. ARTICLE 6 CONFLICT OF INTEREST 6.1 Armstrong states that it is familiar with and will comply with the terms and conditions of Chapter 112, Part III, Florida Statutes (Code of Ethics). 6.2 It is important that Armstrong be independent and impartial in order to properly conduct its services to the County. Armstrong shall not act as counsel in any lawsuit or other adversary proceeding in which County is named as an adversary party or in which Armstrong takes an adverse position to the County. 6.3 Neither Armstrong nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Armstrong's loyal and conscientious exercise of judgment related to its performance under this Agreement. 6.4 In the event Armstrong is permitted to utilize subcontractors, herein, to perform any services required by this Agreement, Armstrong agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. Page 5 of 154 Packet Page -1274- 3/8/2016 16.K.5. 6.5 If at any time Armstrong's firm represents a client in matters having to do with the Collier County government, be it before the Board of County Commissioners or any other agency or division of Collier County government, Armstrong will contact the County Attorney's Office before undertaking such representation so that it can be determined whether a conflict of interest exists. ARTICLE 7 • INDEMNIFICATION 7.1 Armstrong acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Armstrong is given as specific consideration to Armstrong so that Armstrong shall at all times hereafter indemnify, hold harmless and, at County's option, defend or pay for an attorney selected by County to defend County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of Armstrong, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by County, any sums due Armstrong under this Agreement may be retained by County until all of County's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by County. ARTICLE 8 OWNERSHIP OF DOCUMENTS 8.1 Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Armstrong, whether finished or unfinished, shall become the property of Page 6 of 15 Packet Page -1275- 3/8/2016 16.K.5. County and shall be delivered by Armstrong to the County within seven (7) days of termination of this Agreement by either party. Any compensation due to Armstrong shall be withheld until all documents are received as provided herein. ARTICLE 9 INDEPENDENT CONTRACTOR 9.1 Armstrong is an independent contractor under this Agreement. Services provided by Armstrong shall be subject to the supervision of Armstrong, and such services shall not be provided by Armstrong as officers, employees, or agents of the County. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. ARTICLE 10 NONDISCRIMINATION,EQUAL OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT 10.1 Armstrong shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affn-matively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. 10.2 Armstrong's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. 10.3 Armstrong shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, national origin, marital status, political affiliation, or physical or mental disability. In addition, Armstrong shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, Page 7 of 15 ,, Packet Page -1276- 3/8/2016 16.K.5. upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 10.4 Armstrong shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 10.5 Armstrong shall not engage in or commit any discriminatory practice in performing the Scope of Services or any part of Scope of Services of this Agreement. ARTICLE 11 NOTICES 11.1 Whenever either party desires to give notice to the other, such notice must be in writing, sent by registered or certified United States Mail,postage prepaid, return receipt requested, or by hand-delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COLLIER COUNTY: Jeffrey A. Klatzkow, County Attorney Government Center 3299 Tamiami Trail East Suite 800 Naples,Florida 34112 FOR ARMSTRONG: Law Office of Brian Aiiustrong, PLLC Attn: Brian P. Armstrong P.O. Box 5055 Tallahassee, FL 32314-5055 Page 8of15 1 Packet Page -1277- 3/8/2016 16.K.5. ARTICLE 12 MISCELLANEOUS 12.1.1 WAIVER OF BREACH AND MATERIALITY Failure by County to enforce any provision of this Agreement shall not be deemed a waiver of the provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.1.2 COMPLIANCE WITH LAWS Armstrong shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and. obligations related to this Agreement. 12.3 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless County and Armstrong elect to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven(7) days after the finding by the court becomes final. 12.4 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Collier County, Florida. 12.5 PRIOR AGREEMENTS This document supersedes all prior negotiations, con-espondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written, It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Article 3 above. 12.6 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A," `B" and "C" are incorporated into and made a part of this Agreement. Page9ofl5 1 Packet Page -1278- 3/8/2016 16.K5. IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: DONNA FIALA, CHAIR Approved as to form and legality: Scott R. Teach Deputy County Attorney Page 10 of 15 Fo) Packet Page -1279- 3/8/2016 16.K.5. LAW O do. F i ', ARMSTRe► PLLC By: p► :rian P. Armstro•• Its: Ot--4"6--- ' STATE OF FLORIDA COUNTY OF LEON The foregoing Retention Agreement was acknowledged before me this arti'1 day of Fe flA , 2016, by Bria P. Armstrong as owner of Law Office of Brian Armstrong, PLLC, 1J on behalf of ,)\/ SCI-c . He/she is personally known to me or produced FL L._ kCs -015- 54, 34F-a as identification. / r .. ', Signature of Notar(P •lic iGv\e,S Ui 001" PA Tll+ib<e.-- ,7Te- Name of Notary Public typed, printed or My Commission Expires: .. t o/a-31'-b \Th ,..:p Pv,'7., JAMES VICTOR PARRAMORE,JR, y ,i■ 'i, MY COMMISSION 8 FF 065449 a.,.#,,,,a` EXPIRES:October 23,2017 A*: ,,,,F� Bonded Tin Notary Public Undervrriters Page 11 of 15 Packet Page -1280- 3/8/2016 16.K.5. EXHIBIT A For professional services rendered, Armstrong's fee shall be based on the hourly rate as follows: Attorney Billing Rate Brian P. Armstrong $200.00 per hour All other Partners $200.00 per hour Associates $175.00 per hour Paralegals $70.00 per hour Armstrong's fee shall not exceed $100,000.00 per new matter assigned without the approval of the Board of County Commissioners. Any expenditure beyond the initial $100,000.00 approval by the Board of County Commissioners must have Board approval prior to work being performed. (Where appropriate a "not to exceed" sum shall be agreed to when each assignment is made to Armstrong.) In the event that Armstrong is required or requested to perform any additional or extraordinary services not herein contemplated, Armstrong shall be entitled to apply for additional compensation, the amount of which shall be subject to the approval of County and no such .., additional compensation in excess of the amount herein stated shall be paid unless specifically authorized in advance by County in its sole discretion. Armstrong shall provide, at no cost to County, the annual response to County's auditors regarding pending or threatened litigation. The auditors typically request information regarding all litigation, claims and assessments considered to be material. The response should include the nature of the litigation, the progress of the case to date, an estimate of the amount or range of potential loss, and any other information considered necessary to explain the case. Armstrong shall provide said response within 30 days of receipt of the request. Divisions, or departments within such divisions, shall be responsible and pay for legal counsel services relating to litigation and outside counsel specifically for cases, matters or issues relating to such division or department, as determined by the County Attorney in coordination with the County Manager. Page 12 of 15 Ct Packet Page -1281- 3/8/2016 16.K.5. EXHIBIT B 1. In addition to the charges for professional fees set forth in Exhibit "A,"and the Schedules attached hereto, County shall reimburse Armstrong for out-of-pocket expenses reasonably incurred in the course of rendering such legal services, including costs of long distance calls, printing, costs of reproduction, and necessary travel expenses incurred in accordance with the requirements of Chapter 112, F.S. Armstrong shall not charge for travel of attorneys between its offices so that it can provide the best available and most appropriate lawyer in any of its office locations for the issues involved. 2. Armstrong shall submit invoices on a monthly basis for the payment of out-of-pocket expenses. Each invoice shall include a signed certificate listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. 3. REOUIREMENTS The following represents Collier County's payment requirements for legal costs ➢ Your federal employee identification number must be on all invoices submitted. ➢ The applicable Purchase Order number must be on all invoices submitted. ➢ No service, interest, or other charge of like nature is to be imposed with regard to any item, invoice, or request. All firms doing business with Collier County must have a current W-9 "Request for Taxpayer Identification Number and Certification" on file. ➢ Services rendered must be specifically and concisely identified. • Names of persons performing services, hourly rates, and dates must be listed. The County agrees to reimburse Armstrong for retention and utilization of sub-consultants. ➢ Reimbursable expense must be verified by attached receipts or copies thereof. ➢ Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S. Meals and mileage cannot be charged unless the professional has traveled outside the county of the principal business location. ➢ Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge, with a cap of no more than$150.00 per night. Page 13 of 15 C4 b* , Packet Page -1282- 3/8/2016 16.K.5. Car rentals required for travel should include compact or standard-size vehicles only. ➢ Common carrier travel shall be reimbursable at tourist or coach class fares only. Y Accounting Division requires original receipts, or copies of receipts which have been individually certified to be true copies of the originals. In addition the Certificate contained in Exhibit C must accompany each invoice. The certifying person must sign the Certification form and a description provided of the items, which are certified. r`' Faxes shall not be reimbursed ➢ Legal Research costs (Lexis-Nexis, Westlaw, etc.) shall not be reimbursed Page 14 of 15 Packet Page -1283- 3/8/2016 16.K.5. EXHIBIT C CERTIFICATE IT IS HEREBY CERTIFIED that: 1. has been duly designated as special counsel to render legal services or provider of services for or on behalf of Collier County; 2. Each of the documents hereinafter identified and attached is a true and correct copy of the original record; 3. Expenditure(s) enumerated represent costs necessarily incurred during the course of official business for which payment has not been received and for which documentation is not available or reasonably retrievable; 4. Claims are in compliance with the applicable statutes and administrative orders, and with the express provision that all other parties are barred from entitlement to any part of these costs. RE: Invoice No. ,Dated Period Covered: , Amount IN-HOUSE CHARGES: Photocopies: copies @ $0.15/each $ Mileage: miles @ /mile $ OTHER (Copies of invoices required): Lung Distance Calls $ Other: $ TOTAL: $ FOR THE FIRM Signed: Print Name: Title: Date: i Page 15 of 15 (";;;) Packet Page-1284- 3/8/2016 16.K.5. a� ©CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED )RESEMTATIVF OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Scott Wilder Mercer Consumer,a service of PHONE FAX Mercer Health&Benefits Administration LLC (A/C,No,Ext): 800-435-7904 (A/C,No): 515-282-7839 P.O.Box 10302 E-MAIL Des Moines,IA 50306-0302 ADDRESS: Iawyerpl.servlce@mercer.com INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:Berkley Insurance Company 32603 Law Office of Brian Armstrong,PLLC INSURER B: P.O.Box 5055 INSURER C: Tallahassee,FL 32314 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE ADM- SUER POLICY EFI= POLICY EXP W LIMITS VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL UABIUTY EACH OCCURRENCE $ DAMAGE COMMERCIAL GENERAL LIABILITY PREM SESO(EaEoccurrence) $ _ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL 6 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO- JECT AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED BODILY INJURY AUTOS (Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGER $ (Per accident) _ UMBRELLA UAB OCCUR EACH OCCURRENCE S_ EXCESS LIAB CLAIMS-MADE AGGREGATE o DED I �tETENTION$ S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY , TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N/A E.L EACH ACCIDENT $ If yes,describe under EL DISEASE-EA EMPLOYEE S DESCRIPTION OF OPERATIONS below (Mandatory in NH) E.L DISEASE-POLICY LIMIT $ OFFICER/MEMBER EXCLUDED' OTHER-PROFESSIONAL LIABILITY INSURANCE 1473553 02/02/2016 02/02/2017 LIMITS: PER CLAIM: $2,000,000 A RETRO DATE:02/02/2016 AGGREGATE: $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,H more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED Board of County Commissioners of Collier County, Florida INACCORDANCE WITH THE POLICY PROVISIONS. 3299 East Tamiami Trait AUTHORIZED REPRESENTATIVE spies, FL 34112 ( „vt(ti yj Packet Page -1285-