Agenda 05/08/2018 Item #12B05/08/2018
EXECUTIVE SUMMARY
Recommendation to approve Request for Proposal (RFP) # 18-7298 to Patrick Neale & Associates
for Special Magistrate Services for Code Enforcement Division.
OBJECTIVE: To approve an Agreement with the law firm of Patrick Neale & Associa tes for attorney
Patrick H. Neale to provide Special Magistrate Services for Code Enforcement (hereafter, the
“Agreement”), vendor payment dispute hearings, procurement bid protests and such other similar
administrative hearings (collectively, the “hearing services”).
CONSIDERATIONS: The current agreement (#13-6016) for Special Magistrate services is expiring on
May 14, 2018, and the Agreement contains no further renewals. The Scope of Services listed the tasks to
include, but not be limited to: adopt rules and regulations for the conduct of hearings, subpoena alleged
violators and witnesses to appear at hearings, subpoena evidence, take testimony under oath, hold
hearings on violations of local codes and ordinances and contested citations, issue orders having the force
of law to command whatever steps are necessary to bring a violation into compliance, assess
administrative fines, costs, and to impose liens and order the payment of such fines, and authorize the
County Attorney or his designee to foreclose on a lien or sue to recover a money judgment for unpaid
fines and costs imposed by the Order of the Special Magistrate.
Request for Proposal #18-7298 was publicly advertised on January 29, 2018 by Procurement Services
Division. Notices were sent to twenty-nine (29) firms with twenty-eight (28) vendors requesting the
request for proposal. Only one (1) response was received by the due date of February 28, 2018, which
was submitted by Patrick Neale & Associates. Staff deemed the proposal responsive and responsible.
Staff has negotiated and reached an Agreement with Patrick Neale and Associates. Attached for the
Board's approval is an Agreement with the Firm, through its principal Patrick H. Neale, to provide Special
Magistrate hearing services. Mr. Neale is an established local attorney with an extensive legal background
in local government and administrative law, which includes previously representing the Collier County
Contractors’ Licensing Board for fifteen years. A copy of Mr. Neale’s resu me is attached as back-up to
this agenda item. Mr. Neale has previously served as a court appointed mediator and is a Florida
Supreme Court certified mediator. Further Mr. Neale’s background and years of experience qualify him
to perform the scope of services required under the Agreement.
The Agreement provides for a two-year initial contract term with the option to renew for additional two-
year terms. The compensation is on an hourly basis at $195 per hour.
FISCAL IMPACT: The approval and execution of the attached Agreement has no fiscal impact in and
of itself but there will be a fiscal impact in accordance with the terms and conditions of the contract upon
the Firm’s provision of services.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for Board approval. -JAK
RECOMMENDATION: That the Board approves and authorizes the Chair to execute the attached
Agreement law firm of Patrick Neale & Associates for attorney Patrick H. Neale to provide Special
Magistrate Services for Code Enforcement, vendor payment dispute hearings, procurement bid protests
12.B
Packet Pg. 428
05/08/2018
and such other similar administrative hearings.
Prepared by: Michael Ossorio, Division Director, Code Enforcement
ATTACHMENT(S)
1. NORA Signed (PDF)
2. [Linked] Patrick_H_Neale_RFP_18-7298_-_Special_Magistrate_-_Response (PDF)
3. 18-7298 Solicitation (PDF)
4. Copy of 18-7298 Proposals Summary Template (PDF)
5. Special Magistrate Agreement(1) (PDF)
12.B
Packet Pg. 429
05/08/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.B
Doc ID: 5483
Item Summary: Recommendation to approve Request for Proposal (RFP) # 18-7298 to Patrick
Neale & Associates for Special Magistrate Services for Code Enforcement Division.
Meeting Date: 05/08/2018
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
04/27/2018 12:35 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
04/27/2018 12:35 PM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 04/27/2018 12:38 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 04/27/2018 12:41 PM
Code Enforcement Marlene Serrano Additional Reviewer Completed 04/27/2018 12:47 PM
Procurement Services Kristofer Lopez Additional Reviewer Completed 04/27/2018 1:20 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/27/2018 2:11 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 04/27/2018 2:13 PM
Procurement Services Swainson Hall Additional Reviewer Completed 04/27/2018 2:20 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 04/27/2018 2:24 PM
Growth Management Department James French Deputy Department Head Review Completed 04/27/2018 2:37 PM
Procurement Services Ted Coyman Additional Reviewer Completed 04/27/2018 3:29 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/30/2018 9:48 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/30/2018 10:16 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/30/2018 11:20 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 04/30/2018 11:24 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/01/2018 8:35 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/08/2018 9:00 AM
12.B
Packet Pg. 430
12.B.1
Packet Pg. 431 Attachment: NORA Signed (5483 : Special Magistrate Agreement)
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROPOSAL (RFP)
FOR
SPECIAL MAGISTRATE SERVICES FOR COLLIER COUNTY
CODE ENFORCEMENT
SOLICITATION NO.: 18-7298
KRISTOFER LOPEZ, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-8944
Kristofer.lopez@colliercountyfl.gov (Email)
This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations
to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any
subsequent award, or any other legal remedies available to the Collier County Government.
12.B.3
Packet Pg. 432 Attachment: 18-7298 Solicitation (5483 : Special Magistrate Agreement)
SOLICITATION PUBLIC NOTICE
REQUEST FOR PROPOSAL (RFP)
NUMBER:
18-7298
PROJECT TITLE: Special Magistrate Services for Collier County Code Enforcement
LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295
TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112
PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FL 34112
All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System:
https://www.bidsync.com/bidsync-cas/
INTRODUCTION
As requested by the Collier County Code Enforcement Division (hereinafter, the “Division or Department”), the Collier County
Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for P roposal
(hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms,
conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or
Scope of Work stated.
BACKGROUND
The Special Magistrate is authorized by the Board of County Commissioners to hear and decide cases, to impose administrative fines
and other noncriminal penalties and shall provide a Code Enforcement Citation process for enforcement of County codes and
ordinances in County Court, all of which is intended to provide an equitable, expeditious, effective, and inexpensive method of
enforcing any codes and ordinances in force in Collier County. The Special Magistrate may adopt such rules and regulations as deemed
necessary to carry out their duties consistent with the provisions of Chapter 162, Florida Statutes and Collier County Ordinance 2007-
44, and Ordinance No. 2010-04 which amended Ordinance 2007-44, subject to approval by the Commission.
As the result of Collier County Board of Commissioner’s action on May 8, 2007, Ordinance #2007-44 was adopted. Subsequently, on
February 8, 2010, Ordinance No. 2010-04 amended Ordinance #2007-44. This Ordinance outlines the Special Magistrate position and
describes the manner in which these services are utilized.
TERM OF CONTRACT
The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal options.. Prices
shall remain firm for the initial term of this contract.
Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into th e pricing
structure.
DETAILED SCOPE OF WORK
The Board of County Commissioners (the Commission has created a Special Magistrate Review Board, comprised of two (2) members
of the Code Enforcement Department; one (1) member from the Collier County Attorney’s Office; and two (2) sitting members of the
Code Enforcement Board. The duty of the Review Board shall be to recommend appointment for the Special Magistrate and review, on
an annual basis, the performance of the Special Magistrate in order to recommend the removal or reappointment of said Special
Magistrate to the Commission.
Provide the Special Magistrate a secretary, independent of the Code Enforcement Department administrative staff personnel, to attend to
Special Magistrate tasks and responsibilities as designated. Provide use of the Board of County Commissioners Boardroom to conduct
hearings.
The selected firm’s personnel, management, or individuals to be utilized for this project must be knowledgeable in their areas of
expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be
utilized in the performance of the contract. Selected firms, or individuals, may assign as many people as necessary to complete the
project in a timely basis, and each person assigned must be available for an amount of time adequate to meet the dates set forth in
12.B.3
Packet Pg. 433 Attachment: 18-7298 Solicitation (5483 : Special Magistrate Agreement)
the hearing schedule. Selected personnel must remain consistent unless the following conditions are met:
1. Proposed replacements have substantially the same or better qualifications and /or experience, and
2. The County’s project manager is notified in writing as far in advance as possible. Firm shall make commercially reasonable
efforts to notify Collier County within seven (7) days of the change. The County retains final approval of propo sed
replacement personnel.
The selected firm(s), or individuals must have knowledge of and compliance with, all relative local, state and federal codes and
regulations. In addition, ability to provide affidavits of no conflict of interest or to provide services separate from private sector clients
shall be required.
• The Commission shall appoint as many Special Magistrates as deemed necessary.
• The Special Magistrates must:
• Provide evidence of graduation from an American Bar Association accredited law school
• Demonstrate knowledge of administrative law, land use law and local government regulations and procedures,
• In good standing with the Florida Bar, either a certified mediator under the rules of the Florida Supreme Court,
an arbitrator qualified by a recognized Arbitration Association, or a former judge preferred, and
• Meet other such qualifications that may be established by resolution of the Commission.
• The Special Magistrate appointment will be for a two (2) year term. Upon recommendation of the Special Magistrate
Review Board, any Special Magistrate may be reappointed for an additional two (2) year term at the discretion of the
Commission. There is no limit on the number of re -reappointments that may be given to any Special Magistrate provided a
determination for removal or reappointment is made for each individual Special Magistrate at the end of each two -year term.
The Commission has authority to remove a Special Magistrate with or without cause upon ten (10) days written notice.
• If any Special Magistrate resigns or is removed prior to expiration of his or her term or the Review Board determines
that the Special Magistrate should not be reappointed, the Review Board will make a recommendation for reappointment from
the candidates previously interviewed to fill the vacancy within thirty (30) days.
It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal
laws and regulations. The Special Magistrate will have the jurisdiction and authority to perform the following responsibilities:
1. Adopt rules and regulations for the conduct of hearings
2. Subpoena alleged violators and witnesses to appear at its hearings, which subpoenas may be served by the Collier County
Sheriff or a duly authorized person
3. Subpoena evidence including, but not limited to, records, surveys, plats, and other documentary evidence, which subpoena
may be served by the Collier County Sheriff or a duly authorized person
4. Take testimony under oath
5. Hold hearings on violations of local codes and ordinances and contested citations issued by but not limited to, the
Collier County Sheriff’s Office, the Collier County Code Enforcement Department, Parks and Recreation
Department, Public Utilities and Domestic Animal Services Issue orders having the force of law to command
whatever steps are necessary to bring a violation into compliance;
6. Assess administrative fines, costs, and to impose liens and order the payment of such fines as provided for herein:
7. Authorize the county attorney, or designee, to foreclose on a lien or sue to recover a money judgment for unpaid fines
and costs imposed by the Order of the Special Magistrate.
REQUEST FOR PROPOSAL (RFP) PROCESS
1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Section 5.0 Grading
Criteria for Development of Shortlist, which will be the basis for short-listing firms.
12.B.3
Packet Pg. 434 Attachment: 18-7298 Solicitation (5483 : Special Magistrate Agreement)
The Proposers will need to meet the minimum requirements outlined herein in or der for their proposal to be evaluated and
scored by the COUNTY. The COUNTY will then grade and rank the firms and enter into negotiations with the top ranked
firm to establish cost for the services needed. With successful negotiations, a contract will be developed with the selected
firm, based on the negotiated price and scope of services and submitted for approval by the Board of County
Commissioners.
1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process.
1.3 The intent of the scoring of the qualifications proposal is for respondents to indicate their interest, relevant experience,
financial capability, staffing and organizational structure.
1.4 Based upon a review of these qualification proposals, the COUNTY will rank the Proposers based on the discussion and
clarifying questions on their approach and related criteria, and then negotiate in goo d faith an Agreement with the top
ranked Proposer.
1.5 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top -ranked firm,
negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a
contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally
terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to
negotiate any element of the proposals in the best interest of the COUNTY.
GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST:
1.6 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY’S Selection Committee to
score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing
materials. Proposals must address the following criteria:
Evaluation Criteria Maximum Points
1. Cover Letter / Management Summary 5 Points
2. Certified Minority Business Enterprise 5 Points
3. Business Plan 20 Points
4. Cost of Services to the County 20 Points
5. Experience and Capacity of the Firm 20 Points
6. Specialized Expertise of Team Members 20 Points
7. Local Vendor Preference 10 Points
TOTAL POSSIBLE POINTS 100 Points
Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work
previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty -four
(24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County’s financial
system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is
invoked by the Procurement Services Division Director or designee . In the event a tie still exists, selection will be
determined based on random selection by the Procurement Services Director before at least three (3) witnesses.
----------------------------------------------------------------------------------------------------------------------------------------------------------
Each criterion and methodology for scoring is further described below.
EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available)
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 Vendor's certification that the Vendor will accept any
awards as a result of this RFP.
EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points
Available)
Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified
Minority Business Enterprise.
EVALUATION CRITERIA NO. 3: BUSINESS PLAN (20 Total Points Available)
In this tab, include but not limited to:
• Detailed plan of approach (including major tasks and sub-tasks).
12.B.3
Packet Pg. 435 Attachment: 18-7298 Solicitation (5483 : Special Magistrate Agreement)
• Detailed time line for completion of the project.
• 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.
EVALUATION CRITERIA NO. 4: COST OF SERVICES TO THE COUNTY (20 Total Points Available)
In this tab, include but not limited to:
• Provide the projected total cost and estimated calendar day duration (including projected hours) for which your
firm will provide the work as described in this RFP.
• Provide a schedule of values and deliverables.
• Provide proposed fee schedule of principals and staff (including sub -vendors).
EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM (20 Total Points Available)
In this tab, include but not limited to:
• Provide evidence of graduation from an American Bar Association accredited law school. Provide evidence
of knowledge of administrative law, land use law and local government regulations and procedures
• Describe the various team members’ successful experience in working with one another on previous projects.
• Provide evidence of good standing with the Florida Bar, and who is either a certified mediator under
the rules of the Florida Supreme Court, an arbitrator qualified by a recognized Arbitration Association,
or a former judge
The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed
reference forms from clients (during which period of time, eg. 5 years) whose projects are of a similar nature to this
solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent
projects of similar size, scope and complexity of this project using form provided in the attached Reference Questionnaire.
Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides
the information to assess the experience of the Proposer on relevant project work.
EVALUATION CRITERIA NO. 6: SPECIALIZED EXPERTISE OF TEAM MEMBERS (20 Total Points
Available)
In this tab, include but not limited to:
• Description of the proposed contract team and the role to be played by each member of the team.
• Attach brief resumes of all proposed project team members who will be involved in the management of the total
package of services, as well as the delivery of specific services.
• Attach resumes of any sub-vendors and attach letters of intent from stated sub-vendors must be included with
proposal submission.
EVALUATION CRITERIA NO. 7: LOCAL VENDOR PREFERENCE (10 Total Points Available)
Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax
Collector for at least one year prior to proposal submission to do business within Collier County, and that identifies the
business with a permanent physical business address located within the limits of Collier or Lee County from which the
vendor’s staff operates and performs business in an area zoned for the conduct of such business.
12.B.3
Packet Pg. 436 Attachment: 18-7298 Solicitation (5483 : Special Magistrate Agreement)
INSURANCE AND BONDING REQUIREMENTS
Insurance / Bond Type Required Limits
1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required. Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption. An application for exemption
can be obtained online at https://apps.fldfs.com/bocexempt/
2. Employer’s Liability
$100,000 single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend,
indemnify and hold harmless Collier County, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys’ fees and paralegals’ fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone
employed or utilized by the Contractor/Vendor in the performance of this Agreement.
5. Automobile Liability $1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
6. Other insurance as noted:
Watercraft $ __________ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ __________ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
$ __________ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than $5,000,000
each occurrence if applicable to the completion of the Services under this Agreement.
$ __________ Per Occurrence
Pollution $ __________ Per Occurrence
Professional Liability $ ___________ Per claim & in the aggregate
Project Professional Liability $__________ Per Occurrence
Valuable Papers Insurance $__________ Per Occurrence
Cyber Liability $__________ Per Occurrence
Technology Errors & Omissions $__________ Per Occurrence
7. Bid bond
Shall be submitted with proposal response in the form of certified funds, cashiers’
check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or
proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made
payable to the Collier County Board of County Commissioners on a bank or trust
company located in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
12.B.3
Packet Pg. 437 Attachment: 18-7298 Solicitation (5483 : Special Magistrate Agreement)
8. Performance and Payment
Bonds
For projects in excess of $200,000, bonds shall be submitted with the executed
contract by Proposers receiving award, and written for 100% of the Contract award
amount, the cost borne by the Proposer receiving an award. The Performance and
Payment Bonds shall be underwritten by a surety authorized to do business in the
State of Florida and otherwise acceptable to Owner; provided, however, the surety
shall be rated as “A-“ or better as to general policy holders rating and Class V or
higher rating as to financial size category and the amount required shall not exceed
5% of the reported policy holders’ surplus, all as reported in the most current Best
Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New
York, New York 10038.
9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The
same Vendor shall provide County with certificates of insurance meeting the required insurance provisions.
10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General
Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained
by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly.
11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state
the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on
behalf of Collier County.
12. Thirty (30) Days Cancellation Notice required.
________________________________________________________________________________________
1/25/18-GG
12.B.3
Packet Pg. 438 Attachment: 18-7298 Solicitation (5483 : Special Magistrate Agreement)
Selection Committee
Final Ranking Sheet
RPS #: 18-7298
Title: Special Magistrate
Name of Firm Lazaro Marlene Kerry Iliana Bendisa Total
Selection
Committee
Final Rank
Patrick Neale & Associates 1 1 1 1 1 5 1.0000
Procurement Professional Kristofer Lopez
Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their ranking of the
proposals (from highest being number one (1) to lowest.
Step 2: The procurement professional will review the mathematically calculated final rank and discuss the rank order and determine if
consensus is reached.
Page 1 of 1
12.B.4
Packet Pg. 439 Attachment: Copy of 18-7298 Proposals Summary Template (5483 : Special Magistrate Agreement)
12.B.5
Packet Pg. 440 Attachment: Special Magistrate Agreement(1) (5483 : Special Magistrate Agreement)
12.B.5
Packet Pg. 441 Attachment: Special Magistrate Agreement(1) (5483 : Special Magistrate Agreement)
12.B.5
Packet Pg. 442 Attachment: Special Magistrate Agreement(1) (5483 : Special Magistrate Agreement)
12.B.5
Packet Pg. 443 Attachment: Special Magistrate Agreement(1) (5483 : Special Magistrate Agreement)
12.B.5
Packet Pg. 444 Attachment: Special Magistrate Agreement(1) (5483 : Special Magistrate Agreement)
12.B.5
Packet Pg. 445 Attachment: Special Magistrate Agreement(1) (5483 : Special Magistrate Agreement)
12.B.5
Packet Pg. 446 Attachment: Special Magistrate Agreement(1) (5483 : Special Magistrate Agreement)
12.B.5
Packet Pg. 447 Attachment: Special Magistrate Agreement(1) (5483 : Special Magistrate Agreement)
12.B.5
Packet Pg. 448 Attachment: Special Magistrate Agreement(1) (5483 : Special Magistrate Agreement)
Solicitation 18-7298
Special Magistrate Services for Collier County
Enforcement
Tab 2: Certified Minority Business Enterprise – N/A
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
Solicitation 18-7298
Special Magistrate Services for Collier County
Enforcement
Tab 3: Business Plan
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
RFP 18-7298 Evaluation Criteria No. 3 Business Plan for Provision of Special Magistrate for Code Enforcement for Collier County, Florida Submitted by Patrick Neale & Associates The Special Magistrate position is defined in Collier County Ordinance 2010-04 and codified as Sections 2-2021-2-2023 of the Collier County Code of Ordinances (hereafter Code). Those Code sections and the Scope of Work set out in RFP-7298 describe what is essentially the business plan for the Special Magistrate. Should Patrick Neale & Associates working by and through its principal, Patrick H. Neale (hereafter Firm), be selected as the Special Magistrate, the Firm will provide services as required by the Code and Florida Statutes. As Special Magistrate, the Firm will perform the following responsibilities as set out in the Code and Florida Statutes: 1. Adopt rules and regulations for the conduct of hearings 2. Subpoena alleged violators and witnesses to appear at its hearings, which subpoenas may be served by the Collier County Sheriff or a duly authorized person 3. Subpoena evidence including, but not limited to, records, surveys, plats, and other documentary evidence, which subpoena may be served by the Collier County Sheriff or a duly authorized person 4.Take testimony under oath 5. Hold hearings on violations of local codes and ordinances and contested citations issued by but not limited to, the Collier County Sheriff’s Office, the Collier County Code Enforcement Department, Parks and Recreation Department, Public Utilities and Domestic Animal Services Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; 6. Assess administrative fines, costs, and to impose liens and order the payment of such fines as provided for herein: 7. Authorize the county attorney, or designee, to foreclose on a lien or sue to recover a money judgment for unpaid fines and costs imposed by the Order of the Special Magistrate. The Firm shall endeavor to provide such services in an expeditious and efficient manner which complies with all the relevant Local, State and Federal laws and regulations. The Firm shall utilize the administrative services provided by the County as set out in RFP 18-7298 and supplement that staff as needed with support from the Firm’s staff. The Firm will not charge the County for use of its support staff. RFP 18-7298 requests a time line for completion of the “project”. The nature of the Special Magistrate position does not lend itself to a time line, so none is proposed in the response. The Firm and Patrick H. Neale will provide Special Magistrate services as required and requested by the County.
Further, RFP 18-7298 requests a copy of a report as an example of work product. As the responder has not served as a magistrate before, the Firm cannot provide such work product. However, copies of orders drafted for the Collier County Contractors’ Licensing Board during Patrick H. Neale’s service as counsel for that board are attached as an example of the work product of the Firm.
Solicitation 18-7298
Special Magistrate Services for Collier County
Enforcement
Tab 3: Business Plan – Attachments:
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA,
Contractors’ Licensing Board Vs. Duane O. Thomas
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA,
Contractors’ Licensing Board Vs. John Dennis Below
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
1
CONTRACTORS LICENSING BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, Contractors’
Licensing Board
Petitioner
Vs.
Duane O. Thomas
d/b/a Duane Thomas Marine Construction,
LLC
_____________________________________
)
)
)
)
)
)
)
)
)
)
)
)
/
Case: 2011-11
License: C.C. #24326
ORDER
THIS CAUSE came on for public hearing before the Contractors’ Licensing Board
(hereafter Board) on December 21, 2011 for consideration of the Administrative
Complaint filed against Duane O. Thomas. Service of the Complaint was made in
accordance with Collier County Ordinance 06-46 as amended. The Board made a
finding of fact that the service conformed with the requirements of Ordinance 90-105, as
amended. The Board having at said hearing heard testimony under oath, received
evidence, and heard arguments respective to all appropriate matters, thereupon issues
its Findings of Fact, Conclusions of Law and Order of the Board as follows:
FINDINGS OF FACT
1. That Duane O. Thomas is the holder of record of License Number 24326.
2. That the Board of County Commissioners of Collier County, Florida is the
complainant in this matter.
2
3. That the Board has jurisdiction of the person of the Respondent and that
Duane O. Thomas was present at the public hearing and was not represented by
counsel at the hearing on December 21, 2011.
4. All notices required by Collier County Ordinance No. 06-46, as amended, have
been properly issued and delivered by certified mail in accordance with Collier County
Ordinance 06-46, as amended.
5. The Respondent stated under oath that he was “guilty as charged”.
6. That the Respondent further admitted under oath to constructing a seawall
without a permit.
7. That the Respondent acted in a manner that reflected a disregard for the laws
and ordinances of Collier County.
8. That the Respondent did, in fact, proceed on a job without obtaining the
necessary permits from the appropriate agencies.
CONCLUSIONS OF LAW
1. The Conclusions of Law alleged and set forth in the Administrative Complaint
as to Count I are approved, adopted and incorporated herein, to wit, the Respondent
violated Section 4.1.18 of Collier County Ordinance 06-46, as amended (section 22-
201(18) of the Code of Laws and Ordinances of Collier County) in the performance of
his contracting business in Collier County by acting in violation of the section set out
above. The Contractor failed to obtain applicable permits.
2. Collier County has jurisdiction over this contractor pursuant to Collier County
Ordinance 06-46, as amended.
3
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, and
pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County
Ordinance No. 06-46, as amended, by a vote of 9 in favor and 0 opposed, a
majority vote of the Board members present, the Respondent has been found in
violation as set out above..
Further, it is hereby ORDERED, that after due consideration of all factors
required under the Collier County Code of Laws and Ordinances 22-203(c) and based
upon the evidence and testimony presented at the hearing on December 21, 2011, the
Board, by a vote of 7 in favor and 2 opposed, a majority vote of the Board
members present that the following disciplinary sanction(s) and related order are hereby
imposed upon the holder of Contractors’ License Number 24326.
1. Probation for a period of twelve (12) months whereby the Respondent will
perform his contracting activities under the supervision of the Board. During which time,
should the Respondent violate the Ordinance in any respect, his license will be
immediately suspended and a hearing on the suspension and violation shall be held
and the next regularly scheduled Board hearing.
1. A fine in the amount of two thousand five hundred dollars ($2,500.00) for
count I to be paid within ninety (90) days of the date of this hearing.
2. Administrative and investigative costs in the amount of five hundred
dollars ($500.00) to be paid within thirty (30) days of the date of this hearing.
4
3. Respondent to report all active jobs to the Contractor Licensing
Supervisor in a manner to be established by the Contractor Licensing Supervisor after
consultation with the Respondent .
The parties hereto are hereby notified that the Respondent has a
right to request a rehearing of this matter. A request for rehearing shall be made in
writing and shall be filed with the Clerk to the Collier County Board of County
Commissioners, and served on any other parties, within twenty (20) days from the date
of mailing of the Board's written decision under Section 4.3.4.9 and 4.3.4.10 of
Ordinance 06-46, as amended. A request for rehearing shall be based only on the
ground that the decision was contrary to the evidence or that the hearing involved an
error on a ruling of law which was fundamental to the decision of the Board. The written
request for rehearing shall specify the precise reasons therefore. The decision of the
Board which is the subject of the rehearing request shall remain in effect throughout the
rehearing procedure unless the Board orders otherwise.
The Board shall make a determination as to whether or not to rehear the matter
and its decision shall be made at a public meeting, reduced to writing and mailed to the
interested parties within 21 days after the decision is made. If the Contractors'
Licensing Board determines it will grant a rehearing, it may:
a. Schedule a hearing where the parties will be given the opportunity
of presenting evidence or argument limited by the Board to the specific reasons for
which the rehearing was granted; or
b. Modify or reverse its prior decision, without receiving further evidence,
providing that the change is based on a finding that the prior decision of the Board
resulted from a ruling on a question of law which the Board has been informed by its
counsel was an erroneous ruling and which ruling could effect the substantive decision.
The parties are further notified that upon the timely filing of a Notice of Appeal
within thirty (30) days you may have the decision of the Board reviewed pursuant to the
procedure set out herein. The contractor found to be in violation may appeal a decision
of the Board to the Collier County Circuit Court. Such an appeal shall not be a hearing
de novo but shall be limited to appellate review of the record created before the Board.
Any appeal shall be filed with the Circuit Court and served on the parties within thirty
5
(30) days of the mailing of the decision of the Board under Sections 4.3.4.9 and 4.3.4.10
of Ordinance 90-105, as amended. If there has been a re-hearing request, the appeal
shall be filed with the Circuit Court and served on the parties within thirty (30) days of
the mailing of the re-hearing decision under Section 5.1.2 of Ordinance 90-105, as
amended.
In the event that the contractor found to be in violation should elect to appeal, a
verbatim record and transcript of the proceedings will be necessary. It shall be the sole
responsibility of said party to ensure that a record is made from which a transcript may
be prepared which includes the testimony upon which an appeal may be taken. Neither
Collier County nor the Board shall have any responsibility to provide a verbatim record
transcript of the proceedings.
FURTHER, the Board makes no recommendation to the Florida Construction
Industry Licensing Board.
In accordance with Chapter 489.131(7) ( c ) and (d), Florida Statutes, the
disciplined contractor, the complainant, or the Department of Business and Professional
Regulation may challenge the local jurisdiction enforcement body’s recommended
penalty for Board action to the State Construction Industry Licensing Board. A challenge
must be filed within sixty (60) days of the issuance of the recommended penalty to the
State Construction Industry Licensing Board in Tallahassee, Florida. If challenged, there
is a presumptive finding of probable cause and the case may proceed before the State
Board without the need for a probable cause hearing.
Failure of the disciplined contractor, the complainant, or the Department of
Business and Professional Regulation to challenge the local jurisdiction’s recommended
penalty within the time period set forth herein shall constitute a waiver of the right to a
hearing before the State Construction Industry Licensing Board. A waiver of the right to
a hearing before the State Board shall be deemed an admission of the violation, and the
penalty recommended shall become a final order according to the procedures
developed by State Board rule without further State Board action.
Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that
they may appeal the Final Order of the State Board by filing one copy of a Notice of
Appeal with the Clerk of the Department of Business and Professional Regulation,
Northwood Centre, 1940 Monroe Street, Tallahassee, Florida 32399-0792, and by filing
the filing fee and one copy of the Notice of Appeal with the District Court of Appeal
within thirty (30) days of the effective date of said Order.
6
ORDERED by the Contractors Licensing Board effective the 21 day
December 2011.
Kyle Lantz, Chairman
Contractors Licensing Board
I HEREBY CERTIFY that a true and correct copy of the above and
foregoing Findings of Fact, Conclusions of Law, and Order of the Board has been
furnished the Respondent, Duane O. Thomas, Duane Thomas Marine Construction,
LLC, 296 Rockhill Court, Marco Island, FL 34145; and Michael Ossorio, Licensing
Compliance Supervisor, 2800 North Horseshoe Drive, Naples, FL 34103 on this
_________ day of , 2012.
Secretary / Contractors Licensing Board
1
CONTRACTORS LICENSING BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, Contractors’
Licensing Board
Petitioner
Vs.
John Dennis Below
d/b/a Allstate Aluminum of S.W. FL, L
_____________________________________
)
)
)
)
)
)
)
)
)
)
)
/
Case: 2011-10
License: C.C. #33911
ORDER
THIS CAUSE came on for public hearing before the Contractors’ Licensing Board
(hereafter Board) on December 21, 2011 for consideration of the Administrative
Complaint . Service of the Complaint was made in accordance with Collier County
Ordinance 90-105 as amended. The Board made a finding of fact that the service
conformed with the requirements of Ordinance 90-105, as amended. The Board having
at said hearing heard testimony under oath, received evidence, and heard arguments
respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions
of Law and Order of the Board as follows:
FINDINGS OF FACT
1. That John Dennis Below is the holder of record of License Number 33911.
2. That the Board of County Commissioners of Collier County, Florida is the
complainant in this matter.
2
3. That the Board has jurisdiction of the person of the Respondent and that John
Dennis Below was not present at the public hearing and was not represented by
counsel at the hearing on December, 2011.
4. All notices required by Collier County Ordinance No. 90-105, as amended,
have been properly issued, hand delivered and delivered by certified mail in accordance
with Collier County Ordinance 90-105, as amended.
5. The Contractors’ Licensing Supervisor testified under oath that the respondent
was fully advised by telephone conversation of the conduct of the hearing and its
possible consequences, including but not limited to the loss of his license.
6. That clear and convincing evidence exists in support of the allegations in
Count I, that the Respondent acted in violation of ordinance 90-105, as amended,
section 4.1.18/Collier County Code of Laws and Ordinances Section 22-201(18) at the
residence located at 355 Cypress Way West, Naples, FL.
7. That clear and convincing evidence exists in support of the allegations in
Count II, that the Respondent acted in violation of ordinance 90-105, as amended,
section 4.1.18/Collier County Code of Laws and Ordinances Section 22-201(18) at the
residence located at 331 22nd Street SE, Naples, FL.
8. That clear and convincing evidence exists in support of the allegations in
Count III, that the Respondent acted in violation of ordinance 90-105, as amended,
section 4.1.18/Collier County Code of Laws and Ordinances Section 22-201(18) at the
residence located at 7525 Garibaldi Court, Naples, FL.
9. That clear and convincing evidence exists to find the Respondent in violation
of Count VI, violation of ordinance 90-105, as amended, section 4.1.2/Collier County
3
Code of Laws and Ordinances Section 22-201(2) at the residence located at 7525
Garibaldi Court, Naples, FL.
CONCLUSIONS OF LAW
1. The Conclusions of Law alleged and set forth in the Administrative Complaint
as to Count I are approved, adopted and incorporated herein, to wit, the Respondent
violated Section 4.1.18 of Collier County Ordinance 90-105, as amended in the
performance of his contracting business in Collier County by acting in violation of the
section set out above with particularity.
2. The Conclusions of Law alleged and set forth in the Administrative Complaint
as to Count II are approved, adopted and incorporated herein, to wit, the Respondent
violated Section 4.1.18 of Collier County Ordinance 90-105, as amended in the
performance of his contracting business in Collier County by acting in violation of the
section set out above with particularity.
3. The Conclusions of Law alleged and set forth in the Administrative Complaint
as to Count III are approved, adopted and incorporated herein, to wit, the Respondent
violated Section 4.1.18 of Collier County Ordinance 90-105, as amended in the
performance of his contracting business in Collier County by acting in violation of the
section set out above with particularity.
4. The Conclusions of Law alleged and set forth in the Administrative Complaint
as to Count IV are approved, adopted and incorporated herein, to wit, the Respondent
violated Section 4.1.2 of Collier County Ordinance 90-105, as amended in the
performance of his contracting business in Collier County by acting in violation of the
section set out above with particularity.
4
5. Collier County has jurisdiction over this contractor pursuant to Collier County
Ordinance 90-105, as amended.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, and
pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County
Ordinance No. 90-105, as amended, by a vote of 9 in favor and 0 opposed,
a majority vote of the Board members present, the Respondent has been found in
violation as set out above.
Further, it is hereby ORDERED, by a vote of 9 in favor and 0
opposed, a majority vote of the Board members present that the following disciplinary
sanction(s) and related order are hereby imposed upon the holder of Contractors’
License Number 33911, as agreed in the attached Stipulation Agreement..
1. Revocation of the Respondent’s contracting license/certificate of
competency as issued by Collier County, Florida
2. A fine in the amount of five thousand dollars ($5,000.00) for count I to be
paid within ninety (90) days of the date of this hearing.
3. A fine in the amount of five thousand dollars ($5,000.00) for count II to be
paid within ninety (90) days of the date of this hearing.
4. A fine in the amount of five thousand dollars ($5,000.00) for count III to be
paid within ninety (90) days of the date of this hearing.
5. A fine in the amount of five thousand dollars ($5,000.00) for count IV to be
paid within ninety (90) days of the date of this hearing.
5
6. A public reprimand to be issued by the Collier County Contractors’
Licensing Supervisor as provided for in the Contractors’ Licensing Ordinance.
The parties hereto are hereby notified that the Respondent has a
right to request a rehearing of this matter. A request for rehearing shall be made in
writing and shall be filed with the Clerk to the Collier County Board of County
Commissioners, and served on any other parties, within twenty (20) days from the date
of mailing of the Board's written decision under Section 4.3.4.9 and 4.3.4.10 of
Ordinance 90-105, as amended. A request for rehearing shall be based only on the
ground that the decision was contrary to the evidence or that the hearing involved an
error on a ruling of law which was fundamental to the decision of the Board. The written
request for rehearing shall specify the precise reasons therefore. The decision of the
Board which is the subject of the rehearing request shall remain in effect throughout the
rehearing procedure unless the Board orders otherwise.
The Board shall make a determination as to whether or not to rehear the matter
and its decision shall be made at a public meeting, reduced to writing and mailed to the
interested parties within 21 days after the decision is made. If the Contractors'
Licensing Board determines it will grant a rehearing, it may:
a. Schedule a hearing where the parties will be given the opportunity
of presenting evidence or argument limited by the Board to the specific reasons for
which the rehearing was granted; or
b. Modify or reverse its prior decision, without receiving further evidence,
providing that the change is based on a finding that the prior decision of the Board
resulted from a ruling on a question of law which the Board has been informed by its
counsel was an erroneous ruling and which ruling could effect the substantive decision.
The parties are further notified that upon the timely filing of a Notice of Appeal
within thirty (30) days you may have the decision of the Board reviewed pursuant to the
procedure set out herein. The contractor found to be in violation may appeal a decision
of the Board to the Collier County Circuit Court. Such an appeal shall not be a hearing
de novo but shall be limited to appellate review of the record created before the Board.
Any appeal shall be filed with the Circuit Court and served on the parties within thirty
(30) days of the mailing of the decision of the Board under Sections 4.3.4.9 and 4.3.4.10
of Ordinance 90-105, as amended. If there has been a re-hearing request, the appeal
6
shall be filed with the Circuit Court and served on the parties within thirty (30) days of
the mailing of the re-hearing decision under Section 5.1.2 of Ordinance 90-105, as
amended.
In the event that the contractor found to be in violation should elect to appeal, a
verbatim record and transcript of the proceedings will be necessary. It shall be the sole
responsibility of said party to ensure that a record is made from which a transcript may
be prepared which includes the testimony upon which an appeal may be taken. Neither
Collier County nor the Board shall have any responsibility to provide a verbatim record
transcript of the proceedings.
FURTHER, the Board makes no recommendation to the Florida Construction
Industry Licensing Board.
In accordance with Chapter 489.131(7) ( c ) and (d), Florida Statutes, the
disciplined contractor, the complainant, or the Department of Business and Professional
Regulation may challenge the local jurisdiction enforcement body’s recommended
penalty for Board action to the State Construction Industry Licensing Board. A challenge
must be filed within sixty (60) days of the issuance of the recommended penalty to the
State Construction Industry Licensing Board in Tallahassee, Florida. If challenged, there
is a presumptive finding of probable cause and the case may proceed before the State
Board without the need for a probable cause hearing.
Failure of the disciplined contractor, the complainant, or the Department of
Business and Professional Regulation to challenge the local jurisdiction’s recommended
penalty within the time period set forth herein shall constitute a waiver of the right to a
hearing before the State Construction Industry Licensing Board. A waiver of the right to
a hearing before the State Board shall be deemed an admission of the violation, and the
penalty recommended shall become a final order according to the procedures
developed by State Board rule without further State Board action.
Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that
they may appeal the Final Order of the State Board by filing one copy of a Notice of
Appeal with the Clerk of the Department of Business and Professional Regulation,
Northwood Centre, 1940 Monroe Street, Tallahassee, Florida 32399-0792, and by filing
the filing fee and one copy of the Notice of Appeal with the District Court of Appeal
within thirty (30) days of the effective date of said Order.
7
ORDERED by the Contractors Licensing Board effective the 21 day
December, 2011.
Lee Horn, Chairman
Contractors Licensing Board
I HEREBY CERTIFY that a true and correct copy of the above and
foregoing Findings of Fact, Conclusions of Law, and Order of the Board has been
furnished the Respondent, John Dennis Below, 12570 Metro Parkway, #2, Fort Myers,
FL 33966; and Michael Ossorio, Licensing Compliance Supervisor, 2800 North
Horseshoe Drive, Naples, FL 34103 on this _________ day of , 2011.
Secretary / Contractors Licensing Board
Solicitation 18-7298
Special Magistrate Services for Collier County
Enforcement
Tab 4: Cost of Services to the County
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
RFP 18-7298 Evaluation Criteria No. 4 Cost of Services for Provision of Special Magistrate for Code Enforcement for Collier County, Florida Submitted by Patrick Neale & Associates The Firm shall charge an hourly rate of one hundred ninety-five dollars ($195.00) per hour for the services of its principal, Patrick H. Neale as Special Magistrate. This rate shall remain in effect for the initial term of the contract. The Firm will invoice the County monthly if services have been performed during that month. The Firm will accept either check payment or electronic transfer, whichever is preferred by the County.
Solicitation 18-7298
Special Magistrate Services for Collier County
Enforcement
Tab 5: Experience and Capacity of the Firm
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
RFP 18-7298 Evaluation Criteria No. 5 Experience and Capacity of the Firm for Provision of Special Magistrate for Code Enforcement for Collier County, Florida Submitted by Patrick Neale & Associates Submitted with the response to the RFP is evidence of graduation from an American Bar Association accredited law school (University of Miami,) evidence of good standing with the Florida Bar and evidence that Patrick H. Neale is a Florida Supreme Court certified mediator. In addition, a total of ten (10) references familiar with Patrick H. Neale and the Firm’s legal experience and knowledge of administrative law, land use law and local government regulations and procedures have been provided via BidSync. Patrick H. Neale has been a member of the Florida Bar since 1978 and has been practicing law as a Collier County resident since 1987. His primary practice areas have been in land use, zoning, administrative law and governmental regulations during that time. Mr. Neale has been involved in numerous land use and zoning issues from a governmental point of view through service on the Collier County Growth Management Plan Citizens Advisory Board, the Development Services Advisory Board and the Environmental Advisory Board. He has also represented clients on rezoning petitions, variances, compatibility determinations, code enforcement matters, contractor licensing matters at both the state and local level and before the Governor and Cabinet sitting as the Trustees of the Internal Improvement Trust Fund. Mr. Neale was also the attorney for the Collier County Contractors’ Licensing Board (hereafter Board) from 1995 through 2012. In this role, he attended the Board hearings, provided legal advice to the Board, drafted orders and assisted in the conduct of hearings as appropriate. Mr. Neale assisted in the drafting of several revisions to the Contractors’ Licensing Ordinance and coordinated with the County Attorney’s office and the Contractors’ Licensing staff. The Firm has an administrative and legal assistant staff of two persons who provide administrative, secretarial and paralegal support for the principal. Those services will be provided as needed in support of the Special Magistrate as needed at no additional cost to the County.
2/23/2018 Member Profile – Patrick H Neale – The Florida Bar
https://www.floridabar.org/directories/find-mbr/profile/?num=258253 1/2
MEMBER PROFILE
Patrick H Neale
Me m ber in G ood St anding
Eli gible t o Pra ct i ce L aw in Flor i da
Bar Number:
258253
Mail Address:
Patrick Neale & Associates
PO Box 9440
Naples, FL 34101-9440
United States
Of ce: 239-642-1485
Fax: 239-642-1487
Email:
email-service@patrickneale.com
Personal Bar URL:
https://www. oridabar.org/mybarpro le/258253
vCard:
County:
Collier
Circuit:
20
Admitted:
09/25/1978
10-Year Discipline History:
2/23/2018 Member Profile – Patrick H Neale – The Florida Bar
https://www.floridabar.org/directories/find-mbr/profile/?num=258253 2/2
None
Law School:
University of Miami School of Law, 1978
Committees:
Committee Of ce Term
Aviation Law Committee 06/30/2018
Senior Lawyers Committee 06/30/2018
Sections:
Administrative Law
Alternative Dispute Resolution
Business Law
City, County & Local Govt Law
Government Lawyer
International Law
Real Property, Probate & Trust
Solo & Small Firm
Trial Lawyers
Federal Courts:
Florida Middle District Bankruptcy Court
U.S. District Court, Middle District of Florida
State Courts:
Florida
Firm:
Patrick Neale & Associates
Firm Size:
2 to 5
Firm Position:
Solicitation 18-7298
Special Magistrate Services for Collier County
Enforcement
Tab 5: Experience and Capacity of the Firm – References
Submitted via Bidsync
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
Solicitation 18-7298
Special Magistrate Services for Collier County
Enforcement
Tab 6: Specialized Experience of Team Members
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
RFP 18-7298 Evaluation Criteria No. 6 Specialized Experience of Team Members for Provision of Special Magistrate for Code Enforcement for Collier County, Florida Submitted by Patrick Neale & Associates The Special Magistrate services will be provided to the County through the principal of the Firm, Patrick H. Neale. As noted in Tab No. 5, Mr. Neale has been a member of the Florida Bar since 1978 and practicing law in Collier County since 1987. Mr. Neale’s resume’ is attached for reference. Mr. Neale has extensive experience in administrative, governmental, land use and related manners. He has also been a court appointed mediator. In addition to being a court appointed mediator, he is a Florida Supreme Court Certified Circuit Court mediator and has participated in numerous mediations in his career. His practice has resulted in him appearing or representing clients before all types of quasi-judicial bodies such as the Collier County Planning Commission, Collier County Contractors’ Licensing Board, Collier County Code Enforcement Board, Board of County Commissioners in Collier County; Lee County and Charlotte County Contractors’ Licensing Boards, City of Marco Island Planning Board, Code Enforcement Board and City Council, Florida Construction Industry Licensing Board and the Governor and Cabinet sitting as the Trustees of the Internal Improvement Trust Fund. He has also appeared in Lee, Collier, Manatee, Sarasota, Palm Beach, Charlotte and several other county and circuit courts, as well as the Federal Bankruptcy Courts in both the Middle and Southern Districts of Florida and the Federal District Court for the Middle District. This extensive experience in judicial and quasi-judicial jurisdictions along with extensive experience through his practice in the relevant areas of the law uniquely qualify Mr. Neale for the Special Magistrate position. The Firm also has an excellent support staff comprised of two highly qualified individuals; Karen Klukiewicz, the Firm’s chief operating officer and Mrs. Judi Menard, Mr. Neale’s legal assistant who has extensive experience in all areas of the law.
- 1 -
RESUME PATRICK H. NEALE P.O. BOX 9440 NAPLES, FL 34101 TELEPHONE: (239) 642-1485 FACSIMILE: (239) 642-1487 EDUCATION B.S. 1973 Chemistry, American Chemical Society Professional University of Miami, FL Concentration in environmental and analytical chemistry. Recipient of two National Science Foundation grants. J.D. 1978 University of Miami, FL, School of Law, Night Program. Concentration in commercial and environmental law. LEGAL EXPERIENCE 1997 – Present Patrick H. Neale Attorney at Law/Patrick Neale & Associates Naples and Marco Island, FL – Naples Primary office in 2011 Practice concentrating on administrative law, contractor licensing and contractor law, land use, small business, construction, real estate transactions, bankruptcy and debt relief. Representing clients before local, state and federal courts and agencies. Represented Collier County Contractors’ Licensing Board for seventeen years and also Building Board of Adjustment and Appeals. Court appointed mediator in several cases. 1993-1997 Lazarus & Neale Marco Island, FL Attorney at Law with concentration on real estate, land use, zoning, governmental and administrative law.
- 2 -
PATRICK H. NEALE – RESUME Page 2 of 4 1991-1993 Attorney at Law - Sole Practitioner Marco Island, FL 1987-1991 Mancilla & Betz Attorney at Law - Of Counsel Marco Island, FL PROFESSIONAL AFFILIATIONS Bar Admissions: Florida Bar – 1978 Member of Administrative Law, Environmental and Land Use Law, Real Property Probate Law, Government Lawyer, City, County & Local Government Law, Business Law, Alternative Dispute Resolution and Trial Law Sections. Middle District Florida – 2009 Southern District Florida – 2016 Professional Memberships: Collier County Bar Association National Association of Consumer Bankruptcy Attorneys American Bankruptcy Institute Michael R.N. McDonnell Inns of Court HONORS Iron Arrow Honor Society - University of Miami - 1972, Highest Honor Awarded at University of Miami Marco Island YMCA – Community Leader of the Year 2002 Marco Island Chamber of Commerce – Lifetime Achievement Award – 2009 Collier County Education Foundation – Man of Distinction 2010 Legal Aid Society – Leadership Award 2012. Attorney of the Month – twice 2012 Leadership Collier – Distinguished Alumni Award 2014 Naples Daily News – 25 over 50 Award 2016
- 3 -
PATRICK H. NEALE – RESUME Page 3 of 4 COMMUNITY ACTIVITIES Avow Hospice of Collier County - Board member 2016 – present Marco Island Area Chamber of Commerce - Board 1989-1992 and 1999-Present; Secretary - 2000; President Elect - 2001; President - 2002; Chairman - Governmental Affairs Committee 1990-1992; 1996-present Naples Equestrian Challenge – Board member and chair of development committee – 2014-2015 Naples Pathways Coalition - Board member 2015-2016. Co-president 2015-2016. Greater Naples Chamber of Commerce – Member Board of Directors, 2004 - 2008 ; Board Member NACPAC - 1992-1994 United Way of Collier County - Board 1998-2004; 2012-2015, President 2000-2001; Vice President – Board Development – 2002 - 2004 Foreclosure Task Force – Joint effort of Bar Association, Realtors, Chamber and Government – 2008- present. Leadership Collier Foundation – Class of 1992; Board member 2005 – 2013; Chair– 2006-2008; Alumni Committee - 1995; Steering Committee – 1993; Alumni Strategic Planning Committee – 2002 – present; Leadership Collier Advisory Committee 2006-2007. Leadership Institute (A program of Leadership Collier Foundation) - Delegation of 2001; Program Chair – 2003 - 2015. Youth Haven - Board of Trustees - 1998-2012; worked on legal issues of care and other matters; Vice President/President Elect – 2003 – 2004, President 2006-2008 Searching for Solutions Institute – Board member 2008-2009.
- 4 -
PATRICK H. NEALE – RESUME Page 4 of 4 YMCA of Marco Island - Board - 1990-1999 - President 1992 Hospice of Naples - Capital Campaign Committee – 2002 - 2007 University of Miami - Southwest Florida Hurricane Club; Board Member; President - 1996- 2004 American Cancer Society - Marco Island Chapter - Board Member - 1991-1996 Collier County Citizen's Advisory Committee on Growth Management Plan 1989 Collier County Productivity Committee - 1990-1993 Collier Citizens Council – Member Board of Directors 2012 - 2013 Collier County Environmental Advisory Committee Collier County Environmental Advisory Board Collier County Development Services Advisory Committee Collier County Ad Hoc Homeless Committee Collier County Ad Hoc Manatee Committee Marco Island Vision Planning Advisory Committee – 1990-1992 Immokalee Friendship House Board NACPAC (Naples Area Chamber Political Action Committee) Board of Trustees
Solicitation 18-7298
Special Magistrate Services for Collier County
Enforcement
Tab 7: Local Vendor Preference
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
2/23/2018 Details
http://www.colliertax.com/search/ols_details.php?ID=91413253&page=&year=2017 1/1
Collier County Tax Collector 2800 N. Horseshoe Drive Naples, FL 34104 Collier County Business Tax Receipt
Tax Year Info: 2017
BUSINESS INFORMATION
License #930649
Name:PATRICK H. NEALE, PLLC
DBA:PATRICK NEALE & ASSOCIATES
Location:5470 BRYSON CT #103
Zoned:PUD SIC 8111
Mail 1:P O BOX 9440
Mail 2:
City, State,
Zip:NAPLES , FL 34101
Phone:642-1485
Code:03600301 Description:PROFESSIONAL
State Lic:Class:ATTORNEY
County
Lic:258253 Category:
City Lic:Preq:FLORIDA
STATE BAR
OWNER INFORMATION
Name 1:NEALE, PATRICK H
Name 2:
Address 1:SAME
Address 2:
City, State, Zip:
Phone:642-8098
Open Date:07-01-93
Changed Date:10-04-11
Paid Date:09-20-17
Closed Date:00-00-00
Amount Due:0.00
** License is: Paid **
** License is: Open **
New Search
Back To List
2005 Tax
Information
2006 Tax
Information
2007 Tax
Information
2008 Tax
Information
2009 Tax
Information
2010 Tax
Information
2011 Tax
Information
2012 Tax
Information
2013 Tax
Information
2014 Tax
Information
2015 Tax
Information
Solicitation 18-7298
Special Magistrate Services for Collier County
Enforcement
Addenda
Forms 1-6
General Liability Insurance Declaration Page
Workers Compensation Insurance Exemption Certificate
Entity Detail Page – Patrick H. Neale PLLC
Fictitious Name Page – Patrick Neale & Associates
E-Verify MOU - signed
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com
SPECIAL COMMERCIAL PACKAGE POLICY
Named Insured and Mailing Address
Policy Number: BPT4082T
Account Number: CACGl 434C
Producer Code: 09 03370 03
Named Insureds Business:
Entity:
Policy Term:
Effective:
Expiration:
(12:01 A.M. Standard Time at the address
of the Named Insured stated above)
In return for the payment of the premium and subject to all the terms of this policy, we agree with you to provide
the insurance as stated in this policy. See the attached schedules for Description of Premises, Property Coverage,
Optional Coverages, Forms and Endorsements applying to this policy and Mortgagee Schedule if applicable.
LIABILITY COVERAGE
Liability & Medical Expenses -each occurrence
Personal and Advertising Injury Limit
Products-Completed Operations Aggregate Limit
General Aggregate Limit
Fire Legal Liability -any one fire or explosion
LIMITS OF INSURANCE
$
$
$
$
$
Medical Expense Limit -per person $
Business Liability and Medical Expense: Except for Fire Legal Liability, each paid claim for the above cover
ages reduces the amount of insurance we provide during the applicable annual period.
For policies subject to premium audit: Annual Audit Applies.
Countersigned:
64-5255 (1/04)
Total Annual Premium:
By:
TH
Collier County Board of County Commissioners
3299 Tamiami Trail East, Suite 303
Naples, FL 34112
ACORD 4453652 0919/18019610
CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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
PAYCHEX INSURANCE AGENCY, INC.
150 SAWGRASS DRIVE
ROCHESTER, NY 14620
CONTACT
NAME:
PHONE FAX
(A/C, NO. EXT):(A/C, No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
INSURED
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.
INSR
LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
INSR WVD (MM/DD/YYYY)(MM/DD/YYYY)
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON-OWNED
HIRED AUTOS AUTOS
UMBRELLA LIAB OCCUR
EXCESS LIAB CLAIMS-MADE
DED RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITYA
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?Y/N
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
WC STATU-
TORY LIMITS
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY
PROVISIONS, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2010/05) 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
02/19/2018
PATRICK H NEALE PLLC
PO BOX 9440
NAPLES, FL 34101
Paychex Insurance Agency Inc
877-266-6850 585-389-7426
Certs@paychex.com
NorGUARD Insurance Company 31470
07/11/2017 07/11/2018PAWC865570
Collier County Board of County
Commissioners
3299 Tamiami Trail East, Suite 303
Naples, FL 34112
Y N/A
X
100,000.00
100,000.00
500,000.00
2/16/2018 Detail by Entity Name
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=PATRICKH…1/2
Department of State / Division of Corporations / Search Records / Detail By Document Number /
Document Number
FEI/EIN Number
Date Filed
State
Status
Detail by Entity Name
Florida Limited Liability Company
PATRICK H. NEALE, PLLC
Filing Information
L09000109315
27-1545958
11/13/2009
FL
ACTIVE
Principal Address
5470 BRYSON COURT
SUITE 103
NAPLES, FL 34109
Changed: 10/26/2011
Mailing Address
PO BOX 9440
NAPLES, FL 34101
Changed: 01/13/2012
Registered Agent Name & Address
NEALE, PATRICK H
5470 BRYSON COURT
SUITE 103
NAPLES, FL 34109
Address Changed: 01/13/2012
Authorized Person(s) Detail
Name & Address
Title MGRM
NEALE, PATRICK H
5470 BRYSON COURT
NAPLES, FL 34109
Annual Reports
Report Year Filed Date
D C Florida Department of State
2/16/2018 Detail by Entity Name
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=PATRICKH…2/2
2015 04/09/2015
2016 03/02/2016
2017 03/17/2017
Document Images
03/17/2017 -- ANNUAL REPORT View image in PDF format
03/02/2016 -- ANNUAL REPORT View image in PDF format
04/09/2015 -- ANNUAL REPORT View image in PDF format
04/29/2014 -- ANNUAL REPORT View image in PDF format
01/24/2013 -- ANNUAL REPORT View image in PDF format
01/13/2012 -- ANNUAL REPORT View image in PDF format
04/27/2011 -- ANNUAL REPORT View image in PDF format
04/29/2010 -- ANNUAL REPORT View image in PDF format
11/13/2009 -- Florida Limited Liability View image in PDF format
Florida Department of State, Division of Corporations
State of Florida
Department of State
I certify from the records of this office that PATRICK H.NEALE,PLLC is a
limited liability company organized under the laws of the State of Florida,filed
on November 13,2009.
The document number of this limited liability company is L09000109315.
I further certify that said limited liability company has paid all fees due this
office through December 31,2018,that its most recent annual report was filed
on February 27,2018,and that its status is active.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee,the Capital,this
the Twenty-seventh day of
February,2018
Tracking Number:CC6844725322
To authenticate this certificate,visit the following site,enter this number,and then
follow the instructions displayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
2/16/2018 sunbiz.org - Florida Department of State
http://dos.sunbiz.org/scripts/ficidet.exe?action=DETREG&docnum=G10000027428&rdocnum=G10000027428 1/2
Previous on List Next on List Return to List
Filing History
Fictitious Name Search
Submit
Previous on List Next on List Return to List
Filing History
Fictitious Name Search
Submit
Fictitious Name Detail
Fictitious Name
PATRICK NEALE & ASSOCIATES Filing Information
Registration Number G10000027428
Status ACTIVE
Filed Date 03/25/2010
Expiration Date 12/31/2020
Current Owners 1
County COLLIER
Total Pages 3
Events Filed 2
FEI/EIN Number 27-1545958
Mailing Address
5470 BRYSON COURT SUITE #103 NAPLES, FL 34109
Owner Information
PATRICK H NEALE PLLC 5470 BRYSON COURT, SUITE #103 NAPLES, FL 34109 FEI/EIN Number: 27-1545958 Document Number: L09000109315
Document Images
03/25/2010 -- Fictitious Name Filing View image in PDF format
06/16/2015 -- Fictitious Name Renewal Filing View image in PDF format
10/28/2011 -- CHANGE NAME/ADDRESS View image in PDF format
Florida Department of State, Division of Corporations
D C Florida Department of State
2/16/2018 sunbiz.org - Florida Department of State
http://dos.sunbiz.org/scripts/ficidet.exe?action=DETREG&docnum=G10000027428&rdocnum=G10000027428 2/2
Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States
after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of
Understanding (MOU) explains certain features of the E-Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility
Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1.The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a.Notice of E-Verify Participation
b.Notice of Right to Work
2.The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives’ contact information changes.
3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access.
Employers must promptly terminate an employee’s E-Verify access if the employer is separated from
the company or no longer needs access to E-Verify.
1272759
The parties to this agreement are the Department of Homeland Security (DHS) and the
Patrick Neale & Associates (Employer). The purpose of this agreement is to set forth terms and
conditions which the Employer will follow while participating in E-Verify.
Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
4. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E-Verify cases will
complete the E-Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E-Verify.
6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form I-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E-Verify at
888-464-4218.
b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766
(Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to complete the Form I-9.
7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print
the screen containing the case verification number and attach it to the employee's Form I-9.
8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures.
a. The following modified requirements are the only exceptions to an Employer’s obligation to not
employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E-Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of continued employment following a final
nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
1272759
Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E-Verify.
b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E-Verify.
9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was
completed. The Employer agrees to create an E-Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been
completed), and to complete as many steps of the E-Verify process as are necessary according to the
E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to make
inquiries during the period of unavailability.
10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User
Manual does not authorize.
11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee’s E-Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees to contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their case is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article III.B. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee’s perceived employment eligibility status
1272759
Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee’s employment.
Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E-Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
“foreign” or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration-related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when
sending a breach report to E-Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
1272759
Page 5 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
reasonable notice, to review Forms I-9 and other employment records and to interview it and its
employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation in E-Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally-approved, federally-certified, or federally-recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21. The Employer agrees that E-Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer’s services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
22. The Employer understands that if it uses E-Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E-Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify
Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in
FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer
may not create a second case for the employee through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E-Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
1272759
Page 6 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E-Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify
case for an employee assigned to a contract as long as:
i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee’s work authorization has not expired, and
iii. The Employer has reviewed the Form I-9 information either in person or in
communications with the employee to ensure that the employee’s Section 1, Form I-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the
previous Form I-9 to provide the necessary information if:
i. The Employer cannot determine that Form I-9 complies with Article II.A.6,
ii. The employee’s basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form I-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with
1272759
Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after
completing Form I-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer’s compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA’s
database.
2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E-Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E-Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E-Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
1272759
Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
b. Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E-Verify.
4. DHS agrees to train Employers on all important changes made to E-Verify through the use of
mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to
E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of
Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6. DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and
password that permits them to log in to E-Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E-Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for
employees who contest DHS tentative nonconfirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee’s E-Verify
1272759
Page 9 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E-Verify. The Employer must record the case verification number, review the employee
information submitted to E-Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee’s E-Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
1272759
Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee’s documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
1272759
Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
B. TERMINATION
1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E-Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E-Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer’s business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this
MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E-Verify.
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E-Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
1272759
Page 12 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the
signature page. If you have any questions, contact E-Verify at 1-888-464-4218.
1272759
Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
Approved by:
Employer
Name (Please Type or Print) Title
Signature Date
Department of Homeland Security – Verification Division
Name (Please Type or Print) Title
Signature Date
1272759
Patrick Neale & Associates
Patrick Neale
Electronically Signed 02/16/2018
USCIS Verification Division
Electronically Signed 02/16/2018
Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
Information Required for the E-Verify Program
Information relating to your Company:
Company Name
Company Facility Address
Company Alternate Address
County or Parish
Employer Identification Number
North American Industry
Classification Systems Code
Parent Company
Number of Employees
Number of Sites Verified for
1272759
Patrick Neale & Associates
5470 Bryson Ct
103
Naples, FL 34109
PO Box 9440
Naples, FL 34101
COLLIER
271545958
541
1 to 4
1
Page 15 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
1272759
FLORIDA 1 site(s)
Page 16 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
1272759
Name Karen Klukiewicz
Phone Number (239) 642 - 1485
Fax Number (239) 642 - 1487
Email Address karen@patrickneale.com
Name Patrick H Neale
Phone Number (239) 642 - 1485
Fax Number (239) 642 - 1487
Email Address pneale@patrickneale.com
Page 17 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number: 1272759
Page intentionally left blank
Solicitation 18-7298
Special Magistrate Services for Collier County
Enforcement
END OF RESPONSE DOCUMENT
Patrick H. Neale
Patrick Neale & Associates
info@patrickneale.com
239-642-1485
www.patrickneale.com