Agenda 02/25/2014 Item #16F22/25/2014 16.F.2'.
EXECUTIVE SUMMARY
Recommendation to approve the award for contract RFP #13- 6129S, "Professional
State Lobbyist Services," to GrayRobinson, P.A. in the amount of $42,000 annually.
OBJECTIVE: To retain a state lobbying firm to provide lobbying services on behalf of
the Board of County Commissioners (BCC) and Collier County citizens to the State of
Florida Legislature, executive officials and state agencies in Tallahassee to assure
advocacy and representation of priorities of the BCC and constituents.
CONSIDERATION: In order to maintain the greatest success for Collier County and
ensure the needs of county citizens are communicated to representatives in the State
Capitol, it is imperative that the BCC has experienced, professional lobbyists to address
issues of interest and concern to the Collier County community as well as pursue
available funding opportunities to suit needs. A dynamic atmosphere of constant change,
Tallahassee is where Collier County needs a continuous presence to guarantee county
priorities are advocated and positions are discussed with the five (5) members of the
Collier County Delegation, and other members of the Florida Legislature, which may
include Senate and House leadership.
The strategy of county lobbyists may also be to reach out to the Executive Office of the
Florida Governor, Cabinet members and state agency officials, depending on demands of
some Collier County issues that may rise in importance and immediacy.
The purpose of the state lobbyist includes monitoring, updating and advising county
legislative staff who informs appropriate county management and the administration.
which in turn informs the BCC. Often responses to legislative actions are needed
immediately, which is why a specific point of contact is warranted.
The BCC awarded a contract for professional lobbying services to Fowler White Boggs
on October, 8, 2013, Item 11 H. In a subsequent discussion during the same item, the
BCC directed staff to issue a Request for Proposal (RFP) for a second state lobbying
firm. Accordingly, the Purchasing Department issued RFP 13- 6129S, "Professional
Lobbyist Services," on December 6, 2013. Email notices were sent to six hundred
nineteen (619) addresses; 18 addresses downloaded the solicitation document; and five
(5) firms submitted proposals
A Selection Panel scored and ranked the proposals. and determined that GrayRobinson,
P.A., demonstrated the best experience, professional credentials and resources to perform
the intended scope of work and complement .the county's lead state lobbyist, Fowler
White Boggs, P.A.
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Staff is recommending a contract be awarded to GrayRobinson, P.A. in the amount of
$42,000 per year (all inclusive) with three, one -year renewal options. The rankings were
as follows:
GrayRobinson, P.A.
1
Becker & Poliakoff
2
Richard Pinsky Akerman LLP
3
Southern Strategy Group
4
Peebles & Smith, LLC
5
FISCAL IMPACT: The total cost of the new annual contract with GrayRobinson, P.A.,
is $42,000. Funding has been approved for state lobbying services by the Board in the
Fiscal Year 2014 Budget. Funds for the state lobbyist contract are available in the County
Manager Board - Related Costs budget, General Fund (001).
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this executive summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and
requires majority vote for Board approval. - ERP
RECOMMENDATION: That the Board of County Commissioners approves the award
of RFP #13- 61295, Professional State Lobbyist Services, to GrayRobinson, P.A., in the
amount of $42,000 annually, and authorizes the Chairman to sign the attached contract
upon final review by the County Attorney.
Prepared by Debbie Wight, Legislative Affairs Coordinator
Attachment: Agreement # 13 -61295
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.2.
Item Summary: Recommendation to approve the award for contract RFP #13- 61295,
"Professional State Lobbist Services," to GrayRobinson, P.A. in the amount of $42,000 annually.
Meeting Date: 2/25/2014
Prepared By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
2/11/2014 1:51:40 PM
Submitted by
Title: Legislative Affairs Coordinator,
Name: WightDebbie
2/11/2014 1:51:41 PM
Approved By
Name: WardKelsey
Title: Manager - Procurement, Purchasing & General Services
Date: 2/11/2014 3:54:30 PM
Name: JohnsonScott
Title: Procurement Specialist, Purchasing & General Services
Date: 2/11/2014 4:18:08 PM
Name: CummingsRhonda
Title: Procurement Specialist, Purchasing & General Services
Date: 2/11/2014 5:31:17 PM
Name: MarkiewiczJoanne
Title: Manager - Procurement, Purchasing & General Services
Date: 2/12/2014 6:58:53 AM
Name: SheffieldMichael
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Title: Manager-Communications & Cust. Relations.
Date: 2/13/2014 4:54:10 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/13/2014 5:07:44 PM
Name: KlatzkowJeff
Title: County Attorney.
Date: 2/14/2014 10:52:40 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngrnt Svs. Office of Management& Budget
Date: 2/18/2014 8:33:23 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs. Office of Management& Budget
Date: 2/18/2014 9:41 :26 AM
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SERVICE PROVIDER AGREEMENT
Contract 13-6129S Professional State Lobbyist Services
This SERVICE PROVIDER AGREEMENT is made and entered into this day of , 2014, between the Board of
County Commissioners of COLLIER COUNTY, a political subdivision of the STATE OF FLORIDA hereinafter referred to as the
"COUNTY" and GrayRobinson, P.A., whose address is: 8889 Pelican Bay Boulevard, Suite 400, Naples, FL 34108, hereinafter
referred to as the"PROVIDER."
WITNESSETH
WHEREAS,the COUNTY desires to obtain the Lobbyist services of said PROVIDER as further described herein; and,
WHEREAS, the PROVIDER hereby certifies that it has been granted and possesses valid, current licenses to do business in the State
of Florida and in Collier County, Florida, issued by the respective State Board and Government Agencies responsible for regulating
and licensing the services to be provided and performed by the PROVIDER pursuant to this Agreement; and,
WHEREAS, the PROVIDER has reviewed the services required pursuant to RFP 13-6129S and this Agreement and is qualified,
willing and able to provide and perform all such services in accordance with the provisions,conditions and terms hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing, and the terms and provisions as contained herein, the parties agree that
Contract shall exist between them consisting of the following:
ARTICLE 1.0 - SCOPE OF SERVICES
PROVIDER hereby agrees to provide and perform the Services required as set forth in RFP 13-6129S and EXHIBIT "A,' entitles
"SCOPE O SERVICES."which are incorporated herein and made a part of this Agreement.
APTICLE 2.0 -DEFINITIONS
2.1 COUNTY shall mean the Board of County Commissioners of Collier County,a political subdivision of the State of Florida, and all
officials and employees.
2.2 PROVIDER shall mean the individual, firm or entity offering services which, by execution of this Agreement, shall be legally
obligated, responsible, and liable for providing and performing any and all of the services, work and materials, including services
.id/or the work of sub-contractors,required under the covenants,terms and provisions contained in this Agreement.
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2.3 SERVICES shall mean all services, work, materials, and all related professional, technical and administrative activities that are
necessary to perform and complete the services required pursuant to the terms and provisions of this Agreement.
2.4 ADDITIONAL SERVICES shall mean any additional services that the COUNTY may request and authorize, in writing, which are
not included in the Scope of Services as set forth in Article 1.0 above.
2.5 CHANGE ORDER or AMENDMENT shall mean a written document executed by both parties to this Agreement setting forth
such changes to the Scope of Services or Terms and Conditions as may be requested and authorized in writing by the COUNTY in
accordance with Purchasing Ordinance and Procedures in effect at the time of -the change.
ARTICLE 3.0 - OBLIGATIONS OF THE PROVIDER
The obligations of the PROVIDER with respect to all the Basic Services and Additional Services authorized pursuant to this
Agreement shall include, but not be limited to the following:
3.1 LICENSES. The PROVIDER agrees to obtain and maintain throughout the terms of this Contract all such licenses as are required
to do business in the State of Florida and in Collier County, Florida, including, but not limited to, licenses required by the respective
State Boards and other governmental agencies responsible for regulating and licensing the services provided and performed by the
PROVIDER.
3.2 QUALIFIED PERSONNEL. The PROVIDER agrees that when the services to be provided and performed relate to a professional
service(s) which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice
such services, to employ and/or retain only qualified personnel to be in charge of all Basic Services and Additional Services to be
provided pursuant to this Agreement.
3.3 STANDARDS OF PROFESSIONAL SERVICE. The PROVIDER agrees to provide and perform all services pursuant to this
Agreement in accordance with generally accepted standards of professional practice and, in accordance with the laws, statutes,
ordinances, codes, rules, regulations and requirements of governmental agencies which regulate or have jurisdiction over the services
to be provided and/or performed by the PROVIDER.
3.4 CORRECTION OF ERRORS, OMISSIONS OR OTHER DEFICIENCIES
(1) Responsibility to Correct. The PROVIDER agrees to be responsible for the professional quality, technical adequacy and accuracy,
timely completion, and the coordination of all data, studies, reports, memoranda, other documents and other services, work and
materials performed, provided, and/or furnished by PROVIDER. The PROVIDER shall, without additional compensation, correct or
revise any errors, omissions or other deficiencies in such data, studies and other services, work and materials resulting from the
negligent act, errors or omissions or intentional misconduct of PROVIDER.
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(2) County's Approval Shall Not Relieve Provider of Responsibility. Neither review, approval, nor acceptance by COUNTY of data,
studies, reports, memoranda, and incidental professional services, work and materials furnished hereunder by the PROVIDER, shall in
my way relieve PROVIDER of responsibility for the adequacy, completeness and accuracy of its services, work and materials.
Neither the COUNTY'S review, approval or acceptance of, nor payment for, any part of the PROVIDER'S services, work and
materials shall be construed to operate as a waiver of any of the COUNTY'S rights under this Agreement, or any cause of action it
may have arising out of the performance of this Agreement.
3.5 LIABILITY - PROVIDER TO HOLD COUNTY HARMLESS. The PROVIDER shall be liable and agrees to be liable for, and
shall indemnify, defend and hold the COUNTY harmless for any and all claims, suits, judgments or damages, losses and expenses
including court costs, expert witness and professional consultation services, and attorneys' fees arising out of the PROVIDER'S
errors, omissions, and/or negligence. The PROVIDER shall not be liable to, nor be required to indemnify the COUNTY for any
portions of damages arising out of any error, omission, and/or negligence of the COUNTY, its employees, agents, or representatives.
3.6 NOT TO DIVULGE CERTAIN INFORMATION. PROVIDER agrees, during the term of this Agreement, not to divulge, furnish
or make available to any third person, firm, or organization, without the COUNTY'S prior written consent, or unless incident to the
proper performance of PROVIDER'S obligations hereunder. or as provided for or required by law, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed; any non - public information concerning the services to
be rendered by PROVIDER, and PROVIDER shall require all of its employees and sub - contractor(s) to comply with the provisions of
this paragraph.
3.7 RESPONSIBILITY FOR ESTIMATES. In the event the services required pursuant to this Agreement include the PROVIDER
preparing and submitting to the COUNTY any cost estimates, the PROVIDER, by exercise of his experience and judgment shall
develop its best cost estimates and shall be held accountable, responsible and liable for the accuracy, completeness, and correctness of
any and all such cost estimates to the extent provided hereafter.
3.8 ADDITIONAL SERVICES. Should the COUNTY request the PROVIDER to provide and perform professional services under
this contract which are not set forth in EXHIBIT "A," the PROVIDER agrees to provide and perform such ADDITIONAL
SERVICES as may be agreed to in writing by both parties to this Agreement.
ADDITIONAL SERVICES shall be administered and executed as "CHANGE ORDERS" under the Agreement. The Provider shall
not provide or perform, nor shall the COUNTY incur or accept any obligation to compensate the PROVIDER for any ADDITIONAi-
SERVICES, unless the parties shall execute a written CHANGE ORDER.
Each such CHANGE ORDER shall set forth a description of (l) the Scope of the ADDITIONAL'SERVICES requested; (2) the basis
of compensation; and (3) the period of time and/or schedule for performing and completing the ADDITIONAL SERVICES.
ARTICLE 4.0 - COMPENSATION AND METHOD OF PAYMENT
4.1 BASIC SERVICES. The COUNTY shall pay the PROVIDER for all requested and authorized basic services rendered hereunder
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by the PROVIDER and completed in accordance with the requirements, provisions, and/or terms of this Agreement as set forth in
Exhibit "B" which is attached hereto and made a part of this Agreement. Total yearly compensation shall not exceed forty two
thousand dollars ($42,000.00) per year for the scope of work outlined in RFP 13- 61295, to be paid in twelve (12) monthly payments
of three thousand five hundred dollars ($3,500.00), without prior written approval from the County Manager or his designee.
4.2 ADDITIONAL SERVICES. The COUNTY shall pay the PROVIDER for all ADDITIONAL SERVICES as have been requested
and authorized by the COUNTY and agreed to in writing by both parties to this Agreement, and according to the terms for
compensation and payment of said ADDITIONAL SERVICES as set forth in Section 3.8.
4.3 METHOD OF PAYMENT
(l) Monthly Statement. The PROVIDER shall be entitled to submit not more than one invoice statement to the COUNTY
each calendar month covering services rendered and completed during the preceding calendar month. The PROVIDER'S invoice
statement(s) shall be itemized to correspond, to the basis of compensation as set forth in the Agreement or CHANGE ORDER(S).
The PROVIDER'S invoice statements shall contain a breakdown of charges, description of service(s) and work provided and/or
performed, and, where appropriate, supportive documentation of charges consistent with the basis of compensation set forth in the
Agreement or in CHANGE ORDER(S).
(2) Payment Schedule. The COUNTY shall pay the PROVIDER for the performance of this Agreement upon completion of
the work as accepted and approved by the County Manager or his designee pursuant to Exhibit "B," hereto attached and incorporated
herein by reference. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S. otherwise
known as the "Local Government Prompt Payment Act."
4.4 PAYMENT WHEN SERVICES ARE TERMINATED AT THE CONVENIENCE OF THE COUNTY. In the event of
termination of this Agreement at the convenience of the COUNTY, the COUNTY shall compensate the PROVIDER for: (1) all
services performed prior to the effective date of termination; (2) any reimbursable expenses then due; and (3) reasonable expenses
incurred by the PROVIDER in affecting the termination of services and work, and incurred by the submittal to the COUNTY of any
documents.
4.5 PAYMENT WHEN SERVICES ARE SUSPENDED. In the event the COUNTY suspends the PROVIDER'S services or work on
all or part of the services required by this Agreement, the COUNTY shall compensate the PROVIDER for all services performed prior
to the effective date of suspension and reimbursable expenses then due and any reasonable expenses incurred or associated with, or as
a result of such suspension.
4.6 NON - ENTITLEMENT TO ANTICIPATED FEES IN THE EVENT OF SERVICE TERMINATION, SUSPENSION,
ELIMINATION, CANCELLATION AND /OR DECREASE IN SCOPE OF SERVICES. In the event the services required pursuant to
this Agreement are terminated, eliminated, canceled, or decreased due to: (I) termination; (2) suspension in whole or in part; and (3)
and/or are modified by the subsequent issuance of CHANGE ORDER(S), the PROVIDER shall not be entitled to receive
compensation for anticipated professional fees, profit, general and administrative overhead expenses or for any other anticipated
income or expense which may be associated with the services which are terminated, suspended, eliminated, cancelled or decreased.
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ARTICLE 5.0 - TIME AND SCHEDULE OF PERFORMANCE
5.1 NOTICE TO PROCEED. Following the execution of this Agreement by both parties, and after the PROVIDER has complied with
the insurance requirements set forth hereinafter, the COUNTY shall issue the PROVIDER a Purchase Order and a WRITTEN
NOTICE TO PROCEED. Following the issuance of such Purchase Order and NOTICE TO PROCEED the PROVIDER shall be
authorized to commence work and the PROVIDER thereafter shall commence work promptly and shall carry on all such services and
work as may be required in a timely and diligent manner to completion.
5.2 TIME OF PERFORMANCE. The PROVIDER agrees to complete the Basic Services as listed per Exhibit "A" Provision of said
services shall commence beginning March 1, 2014 and ending on September 30, 2014, with the option of three (3) additional one (1)
year renewals.
5.2.1 Should the PROVIDER be obstructed or delayed in the prosecution or completion of its obligations under this Agreement as a
result of causes beyond the control of the PROVIDER, or its sub - consultants) and/or sub- contractor(s), and not due to their fault or
neglect, the PROVIDER shall notify the COUNTY, in writing, within five (5) calendar days after the commencement of such delay,
stating the cause(s) thereof and requesting an extension of the PROVIDER'S time of performance.
Upon receipt of the PROVIDER'S request for an extension of time, the COUNTY shall grant the extension if the COUNTY
determines the delay(s) encountered by the PROVIDER, or its sub - consultant(s) and/or sub - contractor(s), is due to unforeseen causes
and not attributable to their fault or neglect.
5.3 PROVIDER WORK SCHEDULE. The PROVIDER shall be required as a condition of this Agreement to prepare and submit to
the COUNTY, on a monthly basis, commencing with the issuance of the NOTICE TO PROCEED, a PROVIDER'S WORK
SCHEDULE. The WORK SCHEDULE shall set forth the time and manpower scheduled for all of the various tasks required to
provide, perform and complete all of the services and work required for completion of the various services as set forth in EXHIBI-
"A," pursuant to this Agreement in such a manner that the PROVIDER'S planned and actual work progress can be readily determineL
The PROVIDER'S WORK SCHEDULE of planned and actual work progress shall be updated and submitted by the PROVIDER to
the COUNTY on a monthly basis.
5.4 FAILURE TO PERFORM IN A TIMELY MANNER Should the PROVIDER fail to commence, provide, perform. and/or
complete any of the services and work required pursuant to this Agreement in a timely and diligent manner, the COUNTY ma\
consider such failure as justifiable cause to terminate this Agreement. As an alternative to termination, the COUNTY a, its option:
may, upon written notice to the PROVIDER, withhold any or all payments due and owing to the PROVIDER, not to exceed the
amount of the compensation for the work in dispute, until such time as the PROVIDER resumes performance of his obligations in
such a manner as to get back on schedule in accordance with the time and schedule of performance requirements as set forth in this
Agreement.
ARTICLE 6.0 - SECURING AGREEMENT
ne PROVIDER warrants that the PROVIDER has not employed or retained any company or person other than a bona fide employee
working solely for the PROVIDER to solicit or secure this Agreement and that the PROVIDER has not paid or agreed to pay any
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person, company, corporation or firm other than a bona fide employee working solely for the PROVIDER any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement.
ARTICLE 7.0 - ASSIGNMENT TRANSFER AND SUB - CONTRACTS
The PROVIDER shall not assign or transfer any of its rights, benefits or obligations hereunder, except for transfers that result from:
(1) the merger or consolidation of PROVIDER with a third party; or (2) the disestablishment of the PROVIDER'S professional
practice and the establishment of the successor PROVIDER. Nor shall the PROVIDER sub - contract any of its service obligations
hereunder to third parties without prior written approval of the COUNTY. The PROVIDER shall have the right, subject to the
COUNTY'S prior written approval, to employ other persons and/or firms to serve as sub - contractors to PROVIDER in connection
with the PROVIDER performing services and work pursuant to the requirements of this Agreement.
ARTICLE 8.0 - APPLICABLE LA W
The laws, rules and regulations of the State of Florida, or the laws, rules and regulations of the United States, shall govern this
Agreement when providing services funded by the United States government.
ARTICLE 9.0 - NON - DISCRIMINATION
The PROVIDER for itself, its successors in interest, and assigns, as part of the consideration thereof, does hereby covenant and agree
that in the furnishing of services to the COUNTY hereunder, no person on the grounds of race, color, national origin, handicap, or sex
shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. Should PROVIDER
authorize another person with the COUNTY'S prior written consent, to provide services to the COUNTY hereunder, PROVIDER
shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services which he is
authorized to provide, undertake for himself the obligations contained in this Section.
ARTICLE 10.0 - INSURANCE
10.1 INSURANCE COVERAGE TO BE OBTAINED
(1) The PROVIDER shall obtain and maintain such insurance or self - insurance as will protect him from:
(A) Claims under Workers' Compensation laws, Disability Benefit laws, or other similar employee benefit laws;
(B) Claims for damages because of bodily injury, occupational sickness or disease or death of his employees
including claims insured by usual personal injury liability coverage;
(C) Claims for damages because of bodily injury, sickness or disease, or death of any person other than his
employees including claims insured by usual personal injury liability coverage; and
(D) From claims for injury to or destruction of tangible property including loss or use resulting there from, any or all
of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under
the requirements of this Agreement, whether such services, work and operations be by the PROVIDER, its
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employees, or by any sub - consultant(s), sub - contractor(s), or anyone employed by or under the supervision of any of
them, or for whose acts any of them may be legally liable.
(2) The insurance protection set forth hereinabove shall be obtained for not less than the limits of liability specified
hereinafter, or as required by law, whichever is greater.
(3) The PROVIDER shall require, and shall be responsible for ensuring, throughout the time that this Agreement is in effect,
that any and all of its sub - contractors obtains and maintains until the completion of that sub - contractor's work, such of the
insurance coverage's described herein and as are required by law to be provided on behalf of their employees and others.
(4) The PROVIDER shall obtain, have and maintain during the entire period of this Agreement all such insurance or a self -
insurance program as set forth and required herein.
10.2 PROVIDER REQUIRED TO FILE INSURANCE CERTIFICATE(S)
(1) The PROVIDER, within fourteen (14) calendar days from receipt of the COUNTY'S written Notice of Award, shall
submit to the COUNTY all such insurance certificates or self - insurance program documentation as are required under this Agreement.
Failure of the PROVIDER to submit such certificates and documents within the required time shall be considered cause for the
COUNTY to find the PROVIDER in default and terminate the contract. Before the PROVIDER shall commence any service or work
pursuant to the requirements of this Agreement, the PROVIDER shall obtain and maintain insurance coverage's of the types and to the
,imits specified hereinafter, and the PROVIDER shall file with the COUNTY certificates of all such insurance coverage's.
(2) All such insurance certificates shall be in a form and underwritten by an insurance company(s) acceptable to the
COUNTY and licensed in the State of Florida.
(3) Each Certificate of Insurance or self - insurance program documentation shall be submitted to the COUNTY in triplicate.
(4) Each Certificate of Insurance shall include the following:
(A) The name and type of policy and coverage's provided,
(B) The amount or limit applicable to each coverage provided:
(C) The date of expiration of coverage.
(D) The designation of the Collier County Board of County Commissioners both as an additional insured and as a
certificate holder (This requirement is excepted for Professional Liability Insurance and for Workers' Compensation
Insurance); and
(E) Cancellation - Should any of the described policies be cancelled before the, expiration date thereof, the issuing
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company will endeavor to mail thirty (30) days written notice to the Certificate Holder named.
(5) If the initial, or any subsequently issued Certificate of Insurance, expires prior to the completion of the work or
termination of this Agreement, the PROVIDER shall furnish to the COUNTY renewal or replacement Certificate(s) of
Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the PROVIDER to provide
the COUNTY with such renewal certificate(s) shall be justification for the COUNTY to terminate this Agreement.
ARTICLE 11.0 - INSURANCE COVERAGES REQUIRED
The PROVIDER shall obtain and maintain the following insurance coverage's:
(1) WORKERS' COMPENSATION. Coverage to comply for all employees for Statutory Limits in compliance with the
applicable State and Federal laws unless a proper State of Florida Certificate of Exemption is provided. In addition, the policy shall
include the following:
(A) Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a
minimum limit of $100,000 for each accident, whichever limit is greater.
(B) Notice of Cancellation and/or Restriction -The policy must be endorsed to provide the COUNTY with thirty (30)
days prior written notice of cancellation and/or restriction.
(2) COMMERCIAL GENERAL LIABILITY. Coverage must be afforded on a form no more restrictive than the latest
edition of the Commercial General Liability Policy filed by the Insurance Services Office and shall include the following:
(A) Minimum limits of $300,000 per occurrence and $2,000,000 aggregate for Bodily Injury Liability and Property
Damage Liability.
(B) Contractual coverage applicable to this specific Agreement including any hold harmless and/or such
indemnification agreement.
(3) BUSINESS AUTOMOBILE LIABILITY. Coverage must be afforded on a form no more restrictive than the latest edition
of the Business Automobile Liability Policy filed by the Insurance Services Office and must include the following:
(A) Minimum limits of $100,000 per person and $300,000 per accident for Bodily Injury Liability and a minimum
limit of $100,000 for Property Damage Liability, or a minimum combined single limit of $1,000,000.
(B) Coverage shall include owned vehicles, hired and non -owned vehicles, and employee non - ownership.
ARTICLE 12.0 - DUTIES AND OBLIGATIONS IMPOSED ON THE PROVIDER
The duties and obligations imposed upon the PROVIDER by this Agreement and the rights and remedies available hereunder shall be
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in addition to, and not a limitation of, any otherwise imposed or available by law or statute.
ARTICLE 13.0 - OWNERSHIP AND TRANSFER OF DOCUMENTS
All documents such as payment records, notes, computer files, evaluations, reports and other records and data relating to the services
specifically prepared or developed by the PROVIDER under this Agreement shall be the property of the PROVIDER until the
PROVIDER has been paid for performing the services and work required to produce such documents.
Upon completion or termination of this Agreement, all of the above documents to the extent requested by the COUNTY shall be
delivered to the COUNTY or to any subsequent PROVIDER within thirty (30) calendar days.
The PROVIDER, at its expense, may make and retain copies of all documents delivered to the COUNTY for reference and internal
use.
ARTICLE 14.0 - MAINTENANCE OF RECORDS
The PROVIDER will keep and maintain adequate records and supporting documentation applicable to all of the services, work,
information, expense, costs, invoices and materials provided and performed pursuant to the requirements of this Agreement. Said
records and documentation will be retained by the PROVIDER for a minimum of five (5) years from the date of termination of this
Agreement, or for such period as required by law.
The COUNTY and its authorized agents shall, with reasonable prior notice, have the right to audit, inspect and copy all such records
and documentation as often as the COUNTY deems necessary during the period of this Agreement, and during the period as set forth
in the paragraph above; provided, however, such activity shall be conducted only during nomlal business hours of the PROVIDER
and at the expense of the COUNTY.
ARTICLE 15.0 - HEADINGS
The headings of the Articles, Sections, Exhibits, and Attachments as contained in this Agreement are for the purpose of convenience
only and shall not be deemed to expand, limit or change the provisions contained in such Articles, Section, Exhibits and Attachments.
ARTICLE 16.0 - ENTIRE AGREEMENT
This Agreement, including the referenced Exhibits and Attachments, constitutes the entire Agreement between the parties and shall
supersede all prior agreements or understandings, written or oral, relating to the matters set forth herein.
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ARTICLE 17.0 - NOTICES AND ADDRESS
17.1 NOTICES BY PROVIDER TO COUNTY All notices required and/or made pursuant to this agreement to be given to the
PROVIDER to the COUNTY shall be in writing and shall be given by the United States Postal Service or faxed to the following
COUNTY address of record:
Collier County Manager's Office
3299 Tamiami Trail East, Suite 202
Naples, FL 34112
Attention: Mr. Leo Ochs
Fax: 239 - 2524010
Tel: 239 - 252 -8383
17.2 NOTICES BY AUTHORITY TO PROVIDER All notices required and/or made pursuant to this Agreement to be given by the
COUNTY to the PROVIDER shall be made in writing and shall be given by the United States Postal Service or faxed to the following
PROVIDER'S address of record:
GravRobinson. P.A.
8889 Pelican Bay Boulevard, Suite 400
Naples, FL 34108
Tel: 239 -598 -3601
Email: burt.saunders(.grey- robinson.com
17.3 CHANGE OF ADDRESS. Either party may change its address and/or fax number by written notice to the other party
given in accordance with the requirements of this Article.
ARTICLE 18.0 - TERMINATION
This Agreement may be terminated by the COUNTY at its convenience, or due to the fault of the PROVIDER, by giving thirty (30)
calendar days written notice to the PROVIDER
The PROVIDER may request that this Agreement be terminated by submitting a written notice to the COUNTY dated not less than
thirty (30) calendar days prior to the requested termination date and stating the reason(s) for such a request. However, the COUNT`.'
reserves the right to accept, or not accept the termination request submitted by the PROVIDER, and no such termination request
submitted by the PROVIDER shall become effective until PROVIDER is notified, in writing, by the COUNTY of its acceptance. If
the PROVIDER is adjudged bankrupt or insolvent; if it makes a general assignment for the benefit of its creditors; if a trustee or
receiver is appointed for the PROVIDER or for any of its property; or if it files a petition to take advantage of any debtor's act or to
reorganize under the bankruptcy or similar laws; or if it disregards the authority of the COUNTY'S designated representatives; or if i;
otherwise violates any provisions of this Agreement; or for any other just cause, the COUNTY may, without prejudice to any other
right or remedy, and after giving the PROVIDER written notice, terminate this Agreement.
ARTICLE 19.0 - MODIFICATIONS
Modifications to the terms and provisions of this Agreement shall only be valid when issued in writing as a properly executed
CHANGE ORDER or AMENDMENT. In the event of any conflicts between the requirements, provisions, and/ or terms of this
Agreement and any written CHANGE ORDER or AMENDMENT, the CHANGE ORDER or AMENDMENT shall take precedence.
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ARTICLE 20.0 - ACCEPTANCE
Acceptance of this Agreement shall be indicated by the signature of the duly authorized representative of the parties in the space
provided.
ARTICLE 21.0 — CONFLICT OF INTEREST
As a condition of this AGREEMENT, PROVIDER shall provide a list of any businesses and/or organizations to whom the firm has
any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the COUNTY as a
conflict of interest. PROVIDER must also include the following information:
1. Provide full disclosure of information on any work performed for private interests within the past (2) years,
which may be in conflict with the work to be performed for the COUNTY under this contract, especially work
that is not yet completed.
2. Declaration of commitment not to pursue any private sector work within the limits of the COUNTY contract or
directly affected by the COUNTY contract.
PROVIDER represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required hereunder. PROVIDER further represents that no persons having any such
interest shall be employed to perform those services.
By signing this AGREEMENT, a principal of the firm certifies that the firm will comply fully with the provisions of this section.
ARTICLE 22.0 — SUBJECT TO APPROPRIATION
t is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of
County Commissioners,
ARTICLE 23.0 - 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: RFP 1 ?-
6129S, Provider's Proposal, Insurance Certificate(s), Exhibits A and B.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written below.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk of Courts FOR COLLIER COUNTY, FLORIDA, A
POLITICAL SUBDIVISION OF THE STATE
BY: OF FLORIDA
DATE:
(SEAL) BY:
Tom Henning, Chairman
First Witness
TType /print witness nameT
Second Witness
TType /print witness nameT
APPROVED AS TO FORM AND
LEGALITY:
BY:
Assistant County Attorney
Printed Name
DATE:
DA'
Provider Name:
GrayRobinson P.A.
By:
Signature
Typed Title and Name
DATE:
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EXHIBIT A
BASIC SERVICES
GENERAL SCOPE STATEMENT
2/25/2014 16.F.2.
The Provider shall provide and perform the following professional services which shall constitute the GENERAL
SCOPE of the SERVICES under the covenants, terms, and provisions of this SERVICE PROVIDER
AGREEMENT:
Provide for representation of Collier County government to ensure that the County's interests are best
represented in state lobbying services.
1.0 PROVIDER shall perform the following services, including but not limited to:
• Consult with Board of County Commissioners prior to legislative session to determine priorities and
agenda;
• Recommend lobbying efforts in upcoming legislative session to achieve agenda goals;
• Monitor and advise Board of legislation scheduled for upcoming legislative session which would affect
Collier County in either a positive or negative manner, and provide lobbying recommendations on strategy,
course of action, approach;
• Provide weekly updates during session on issues of importance to Collier County;
• Secure sponsorship of bills and/or amendments needed to further the Collier County Legislative Agenda;
• Work with County legislative staff and members to advocate passage of said bills and/or amendments;
• Work with the Governor's office during bill review process to advocate final passage of positive legislation
or veto of negative legislation;
• Monitor agency rule- making processes and advise County officials and staff on action needed to implement
and comply with legislation in a most effective and efficient way.
GrayRobinson, P.A. should have experience in the following areas:
• Research Airports & Aviation, include management, organization, administration, economic development
opportunities.
• Research Beach Renourishment permitting (streamlining) at state and federal levels.
• Research Oil and Mining Rights of all property in Collier County. Need to know location and ownership
of all mineral rights. Identify tax revenue Collier County is entitled to. Provide legal issues and suggested
course of action in pursuit of mineral rights on all properties.
• Research Consultants Competitive Negotiation Act (CCNA). Provide recommendations and legal
perspective.
• Research Permitting Agencies and recommend simplifying rules and regulations to facilitate project
progress on a more reasonable schedule.
• Research Mitigation Banking and provide legal perspective and guidance.
• Research Administrative Rules for local government, including processes and procedures.
• Research Transportation Projects, like All Aboard Florida (transit) and the Heartland Expressway, and
possibilities for industrial development in Immokalee and particularly at the Immokalee Airport if both
FDOT projects are fully developed and become functioning mobility modes.
• Be available for Special Projects through the County Manager's Office.
♦ Consult with Board prior to legislative session to determine priorities and agenda,
♦ Recommend lobbying efforts in upcoming legislative session to achieve agenda goals,
♦ Monitor and advise Board of legislation scheduled for upcoming legislative session which would affect the
County in either a positive or negative manner, and provide lobbying recommendations on strategy, course
of action, approach;
♦ Provide weekly updates during session on issues of importance to Collier County,
♦ Secure sponsorship of bills and/or amendments needed to further the Collier County Agenda,
♦ Work with legislative staff and members to advocate passage of said bills and/or amendments,
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♦ Work with Governor's office during bill review process to advocate final passage of positive legislation or
veto of negative legislation,
♦ Monitor agency rule- making process and advise County on action needed to implement legislation in a
manner most favorable to the County; and
♦ Pursue funding opportunities that address the County's needs.
2.0 The County will not be restricted to utilizing, on an exclusive basis, the services of GrayRobinson, P.A.
The County may, at times, need additional specialized lobbying services, which will be solicited on an independent
basis.
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EXHIBIT B
COMPENSATION AND METHOD OF PAYMENT
Section I BASIC- SERVICES/TASK(S)
The COUNTY shall compensate the PROVIDER for providing and performing the Task(s) set forth and enumerated
in EXHIBIT "A," entitled "SCOPE OF SERVICES," as follows:
TASK TITLE COMPENSATION Not to Exceed
Lobbyist Services $3,500.00 per month $42,000.00 per year
inclusive of expenses inclusive of expenses
Compensation shall be inclusive of all costs. Payment shall be full compensation for all services, labor, tools,
equipment, travel and any other items required for project completion and/or completion of services.
Compensation of forty two thousand dollars ($42,000.00) per year shall remain in effect for a period of one (1)
year from the date of award by the Board of County Commissioners. Subsequently, upon the written request of
the PROVIDER at the time of renewal, compensation may be adjusted based on the Consumer Price Index - South
Region, Category "Other Goods and Services" for the immediate twelve (12) month period preceding the renewal
date of the Agreement. In no case shall any annual increase exceed the amount of three thousand five hundred
dollars ($3,500.00).
Section 2 ADDITIONAL SERVICES
The COUNTY shall compensate the PROVIDER for such ADDITIONAL SERVICES as are requested and
authorized in writing for such amounts or on such a basis as may be mutually agreed to in writing by both parties
to this Agreement. The basis and/or amount of compensation to be paid to the PROVIDER for ADDITIONAL
SERVICES requested and authorized in writing by the COUNTY shall be as set forth in Article 3.8 of this
Agreement.
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