Loading...
Agenda 09/14/2010 Item #16K 2 Agenda Item No. 16K2 September 14, 2010 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve a contract for James Lalumiere of PDI, for expert consulting services 'in the amount of $85,500 in the case styled Collier County v. John Carlo, Inc., Case No. 09-8724-CA (Rattlesnake Hammock Road Improvement Project No. 60169) (Fiscal Impact $85,500). OBJECTIVE: That the Board of County Commissioners approve a contract for James Lalumiere of PDI, for expert consulting services in the amount of $85,500 in the case styled Collier County v. John Carlo, Inc., Case No. 09-8724-CA. CONSIDERATIONS: The parties have mediated the case, but were not able to reach a settlement. As with all constmction cases, this case is complex, involving multiple claims, and includes numerous witnesses. Total claims amount to approximately $9,178,858.05. Several hours have been spent on discovery. Additional depositions are currently being scheduled~ Arbitration is scheduled for May 3,2011, and trial is scheduled to begin in July 2011. Pursuant to the County Purchasing Policy, Board approval is needed for the County Attorney's Office to enter into a contract over $50,000 for expert consulting services in litigation matters. Attorneys and staff have chosen expert consultant Mr. James Lalumiere of PDI to assist the County in its defense of the claims in this action. Attached to this Executive Summary is the proposed contract listing the consultant's scope of services in this lawsuit through trial. FISCAL IMPACT: Funds in the amount of $85,500 will come from Transportation. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. JWH RECOMMENDATION: That the Board of County Commissioners approve a contract for James Lalumiere of PDI, for expert consulting services in the amount of $85,500 in the case styled Collier County v. John Carlo, Inc., Case No. 09-8724-CA. PREP ARED BY: Jacqueline Williams Hubbard, Litigation Section Chief Item Number: Item Summary: Meeting Date: Agenda Item No. 16K2 September 14, 2010 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K2 Recommendation to approve a contract for James Lalumiere of PDI, for expert consulting services in the amount of $85,500 in the case styled Collier County v. John Carlo, Inc., Case No. 09-8724-CA (Rattlesnake Hammock Road Improvement Project No. 60169) (Fiscal Impact $85,500). 9/14/20109:00:00 AM Prepared By Jacqueline W. Hubbard County Attorney Assistant County Attorney Date County Attorney Office 8/17/2010 10:04:19 AM Approved By Jacqueline W. Hubbard County Attorney Assistant County Attorney Date County Attorney Office 8/17/20102:45 PM Approved By Norm E. Feder, AICP Transportation Division Administrator - Transportation Date Transportation Administration 8/18/201010:26 AM Approved By Najeh Ahmad Transportation Division Director - Transportation Engineering Date Transportation Engineering & Construction Management 8/25/20106:51 PM Approved By Lisa Taylor Transportation Division Management/Budget Analyst Date Transportation Administration 8/26/20109:51 AM Approved By Steve Carnell Administrative Services Division Director - Purchasing/General Services Date Purchasing & General Services 8127/20104:55 PM Approved By Jeff Klatzkow County Attorney Date Approved By 8/31/201011:06 AM OMS Coordinator County Manager's Office Date Office of Management & Budget 9/1/20103:18 PM Approved By Susan Usher Management/Budget Analyst, Senior Date Agenda Item No. 16K2 September 14,2010 Page 3 of 15 Office of Management & Budget Office of Management & Budget 9/4/201010:23 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 9/7/20102:18 PM Ag"'~d~ It"': t\;O 16V'l St;fJlt:llloel 14'; 20 ro'-- Page 4 of 15 II AGREEMENT for PROJECT DEVELOPMENT INTERNATIONAL (pDI), INC. THIS AGREEMENT, made and entered into on this day of September/ 2010, by and between Project Development Inten;\ational/ Inc. (PDI), authorized to do business in the State of Florida, whose business address is 557 Park Stree~ Dunedin. Florida, 34698, hereinafter called the ''Contractorft (or "Consultant") and Collier County/ a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work related to the Rattlesnake Hammock Road Project (RHROO2) as of the date of this Agreement and/or the issuance of a Purchase Order associated with this Agreement. 2. STATEMENT OF WORK. The Contractor shall provide the following scope of services, including, but not limited to: Examination of documents; fonnal and informal discovery; development of resolution strategy; negotiation; technical and expert witness testimony; litigation support including document control; preparation of exhibits for trial; settlement documentatiOn; and procurement of other experts as needed, through mediation and/ or arbitration and trial of this case. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. THE CONTRACf SUM. The County shall pay the Contractor for the performance of this Agreement, an estimated maximum amount of Eighty Five Thousand Five Hundred Dollars and no cents ($85,sOO.OO), inclusive of a written report, in accordance with PDI's Proposal letter of November 30/ 2009 (Exhibit A). Further efforts and work scope will be performed. only at the written direction of Collier County, Florida. POI invoices twice per month and services will be provided and invoiced on an hourly basis in accordance with POI's 2010 Fee Schedule (Exhibit B). Payment for performance, as well as travel and reimbursable expenses/ will be made upon receipt of a proper invoice and upon approval by the Office of the County Attorney and the Transportation Department, and in compliance with Chapter 218, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." PDI reserves the right to cease work and not to testify on delinquent accounts. In addition to A enda Item No. 16K2 St::iJteIl1ut::r 14, 20m- Page 5 of 15 invoices rendered and interest thereon, the County shall pay any and all legal fees and costs incurred by PDI in collecting its account. Deposition time and attendance at any fannal or informal hearing for the purposes of mediation, arbitration, or litigation may be billed on a minimum either (8) hour per day basis. In the event POI is called as a witness by any party or by the County, to testify with respect to any matter about which it has obtained information while performing services under this Agreement, the County shall pay PDI its fees for its time and preparation in accordance with the Fee Schedule attached. POI will credit or not bill for deposition payment received from other parties. TRAVEL AND REIMBURSABLE EXPENSES Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061, Fla. Stat. Reimbursements shall be at the following rates: Mileaee $0.445 'Per mile Breakfast $6.00 Lunch $l1,(X) Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 oer ni2ht Parkiru! Actual cost of parkine Taxi or Airport Actual cost of either taxi or airport Limousine limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 2 -, ::ieptemoer 14, LO'i0 Page 6 of 15 I 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Project Development International, Inc. 557 Park Street Dunedin, Florida 34698 Telephone: 800-PDY-7888 Telephone: 727 ~734-8589 Facsimil~ 727-']36..1913 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiaml Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. COMPUTER PROGRAMS. PDI reserves the right to use certain proprietary computer programs to which it has access. These computer programs may be owned by POI or leased or otherwise available to PDI. PDI may rent the use of these programs and pass along these charges. Such charges shall not entitle the County to any knowledge of the computer programs in any part or their entirety. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation. or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any 3 I I ^ It,....~ "I~ 11::1/') . . Septemoer14, ~U1U - Page 7 of 15 conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, Ot' practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may tenninate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. POI shall not be held liable for ~y delay or failure to perform the work desc:ri;bed in the Agreement if such delay or failure is caused directly or indirectly by ftre, flood, explosion, other casualty, strike, labor disturbance, state of war, insurrection, riot, government regulations; either existent or future restrictions, appropriations, or any other cause beyond the control of PDI. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed Ot' national origin. , : 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General UabUity: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Umit for Bodily Injury Uability and Property Damage Uability. 'This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. 4 ~ ') 'SepTember 14, LUlU' Page 8 of 15 r Special Reau.i.Teme1"tts: Collier County Government shall be listed as the Certificate Holder and included as an Addltionallnsured 011 the Comprehensive General Uability Policy. A copy of the Insurance Certificate is attached (Exhibit q. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be 5eI\t to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day not:ification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any -and all liabilities, damages, losses and costs, including, but" not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor IV endor / Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Colliel' County . 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the County Attorney Office and Transportation Department. 14. CONFLICf OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfonnance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal letter - Exhibit A; 2010 Hourly Fee Schedule- Exhibit B; and Exhibit C - Insurance Certificate. s I Ayt:IIJCJJl~llI.J'\I[) 1 RK:l September 14, 2010 Page 9 of 15 I 16. SUUTEcr TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHmmON OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a) Prohibition by the individual, firm, and! or any employee of the firm from contact with County staff for a specified period of time; b) Prohibition by the individual and! or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and! or quotes; and, c) immediate termination of any contract held by the individual and! or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.c. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. " 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, tenns and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDmONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. DISPUTE RESOLurION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation.. The negotiation shall be attended by representatives of Contractor with full decision.making authority and by County's staff person who would make the presentation of any 6 -- ,r\fg~~d~ ~C: ~~~. iii" . "'----Sep~mber 14,2010 Page 10 of 15 settlement reached during negotiations to County for approval. Failing resolution, and priOt to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida and pursuant to the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. A Request for Mediation shall be filed, in writing, with the other party to the Contract. The request may be made concurrently with the filing of legal or equitable proceedings, which shall be stayed pending the outcome of mediation which must be completed within sixty (60) days from the date that a request for mediation is submitted to the other party, unless otherwise agreed to by written agreement of the parties. The statute of limitations of any claim shall be tolled form. the date mediation is requested until completed. To the extend the parties cannot mutually select a mediator, within fifteen (15) days from the date a Request for Mediation has been submitted, either party can request the American Arbitration Association to appoint a mediator with construction experience to serve as mediator. The mediation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. SUit. All disputes for collection or monies due under this Agreement shall be limited to FOI's entitlement to the charges by POI under this Agreement exclusive of any counter, cross, or offsetting claims by the County. The following claims shall not be a part of any action against PDI in any dispute for collection of monies under this Agreement: cross claims or offsetting claims of any kind, by the County or any other person or party hereto, for losses or damages, regardless of whether such claim arises out of or relates to services performed by POI under this Agreement. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. KEY PERSONNEl/PROrnCf STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persOI\5 will be utilized in the perfonnance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth jn the Project Schedule. Firm shall not change Key PersoJUlel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) that the County is 7 ,^.g~ndo_I!~.f'!l ~Jo. 1 €1-:2 ::>eptember 14, 2010 Page 11 of 15 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 proposed replacement personnel. IN WITN~SS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. AITFST: Dwight E. Brock, Cerk of Courts BOARD OF COUN1Y COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Fred W. Coyle, Chairman (SEAL) Dated: );h~ ~--;;Jt.: First Witness ;;;~jECf IEVEWPMINT lNIllRNA~~~A~: . I ~ :if~ ~~\~. ~'. :' By. , , -. "', ...... " . ' ,,- " ,::..- .' : -. ..- . ..' -.I~ ..- ..' . -., Valerie K. Trelles trype/print witness namet 1!!~~knl Second Wi Elaine H. Hepburn trypejprintwitness namet Approved. as to form a legal sufficiency: ., Jacqueline W. Hub Litigation Section Chief 04-COA.oJ030/41S / 8 08'='ll.Jd !leI! I r~u. I BK2 September 14, 2010 '.. Page 12 of 15 r Office of the County Attorney Collier County 3301 East Tamiami Trail Naples. Fl34112-4902 Attn: Ms. Jacquel4ne Williams Hubbard, Esq. Re: John Carlo, Inc. V. Collier County Rattlesnake Hammock Road Project 55'l FWlI sn.t. 0ndII. R.34SllI-= m.7JU5II' ".131._ 1u;'I'11.'/36.1913 I ....lIdi......1I IMIdI oIb: !IrWIIi (lio" JnilII s.IQI November 30, 2009 Dear Ms. Hubbard: It was a pleasure to visit with you last week. Please refer to our Disputes AnalysiS System primer available on our website, www..PcIlusa.com. for a descrtptioJl of our pha6ed analysis- approach to a typical construction claim. w. would be haPPY to discuss any of this information with you at any time. We are hereby furnishing you with a not.to-exceed price proposal to provide an Interim Phase assessment, in accordance with our Disputes Analysis System: for the above referenced case. The following generally described documents, among others, win be reviewed to complete this Interim Phase assessment for the referenced case: 1. Project Correspondence; 2. John Carlo SubcontJactor Files; 3. John Carta Daily Reports; 4. Project Progress Photographs; 5. John Carlo Change Orders; 6. John Carlo Requests for Information; 7. Project progress meeting minutes; 8. Project Schedule Data and reports; 9. Ongoing legal pleadings and filings: and 10. -Project Cost Data. POI has received copies of the generally desCribed dOcuments listed above except for number 3, John Carlo Daily Reports. They are contained within the eight bank.,. boxes as weN as electronic files we have received to date. We have included manhour projections to construct an as-built project schedule based on data normally obtained from the contractor's Project daily reports. JCI prOduced dally reports for the knmokalee Road Project and we presume they exist for the Rattlesnake Hammock Road projeCt as well. The level of detail in the as--bUfltschedule may be seriously restricted if we are not able to obtain the daily reports for this Project. POt will provide an Interim Phase assessment in accordance witt! the activities EXHIBrT I-A- Guiding your proJe<<s from the ground up. . . , I f Aaenda Item No. 16K2 SIOpt9mb9r 14, 2010 Page13?~15 l I,J r I -< ,'. /\"7 : t ~ /.. L Ms. Jacqueline Williams Hubbard. Esq. NoVember 30,2009 Page 2 of 2 described in POl's Disputes Anatysis System primer, and based on the project documentation referenced in this Proposal. Please note that this Interim PJlase assessment includes 8 det&iled schedule analysis, the creation of an a&-buiIt Prajeot schedule summary, further detailed anaty&es of aU Identified technical issues, and a Project cost analysis .to the extent pennltted by the avajlabHIty of John Carta cost 'da~ detail. We currently haw in our possession 8 copy of 8 JCI918 page Job Cost Detail Report dated 7/24/09. Assistance requested by Counsel during the time periOd from th~ stan of the Interim Phase assessment to the date, Of delivery of the Interim Phase asseSSn1ent Report, which is outside the scope of work described herein will be identified.,as such and . invoiced in addition to.the services described in this Proposal In accordance with POI's 2009 Fee Schedule. POI hereby offers to perform the services described herein In accordance WIth our 2009 Fee Sctledule for a not-to.exceed amount of $85,600.00, inclusive of a written Interim Phase Report. ' As always, POI wiH only invoice for actual time spent and expenses incurred In accordance with our 2009 Hourty Fee Schedule (copy enclosed). Actual time and' expenses may be less than estimated. POI's price proposal contemplates the production of a written Interim Phase Report presentation. POI's Offer is inclusive of time and expenses for attendance at three meetings to be held u"Naples. FL. inclusive of a meeting to review POI'S Interim 'Phase findings. Please note that POI offef$ a, 6% discount for manhour service charges. for 15 day invoice tumaroundas ~tailed in our 2009 Fee Schedule. Please feel free to contact our Dunedin offICeS at any time should you have any questions or comments regarding any or all of this information. We have also enclosed a draft copy of our standard Agreement form for your perusal. We can provide executable originals at YO,ur request. Thank you onCe again for your interestJn POl , . We look forward to working with you in . the near future. V truly yours, am~~ President cc: Mr. Paul Ullom, Esq. JEUeht ---..-..- . - .....--....--.-----..... - ~.'. ..--~'..__.--.--.-. -..,. . . . -,..,.----""""-..~......". .. ...__...w___...____..._____..._____........... ._____ 'r --.:- " ~ ." J ) h . r ... ~.. .{. I ,'iJ" AGREEMENT PROJECT DEVELOPMENT INTERNATIONAL, INC. 2010 Hourly Fee Schedule Prlnclpal...,.... ........... ............................... .............................n Senior Consultant................... ............................................... Project MlIneger... ........ ...................... ..... ....... .... .... ............. .,. Scheduling Analyst.... ........ ..... ............. ......... .......... ............... Senior Analyst............................................ ........ ............. ....... Project Analyst......... ........... ......... .............. ........... .......... ....... Research Associate..... ........ ............. ............. .............. .......... Technical Assistant..... ................... ............. ................. .......... Computer System Services.................................................... ***** Aopnrlrl Iti"m Nn 1 F>K? September 14,-2-G-W- Page 14 of 15 $250.00 $185.00 $110.00 $150.00 $130.00 $105.00 $85.00 $55.00 $50.00 Hourly rates do not Include costs of travel. film, Videotape and equipment, reproduCtion, excess supplies, special handling, telex, facsimile. outside consultants, and similar reimbursable costs, which If any. are passed through at cost. Deposition and testimony time may be billed on a minimum eight (8) hour per day basis. Firm travel Is charged at full service hourly rates when necessarily Incurred during regular busIness hours. Regular business hDUns ere defined 88 the hours of 8:00 AM through 5:00 PM. Monday through Friday, U.S. Eastern Standard Time. Firm travel Is billed at one-half the applicable lSOrvice hourly rate when incurred at all other times. All attempts will be made by PDI personnel to maximize the usefulness of sll travel time through the performance of meaningful work on behalf of the Client during $Uch time. POI wilt allow Client to pay ninety-five peroent (95%) of the stated manhour service fee&lnvoiced by POI, plus one hundred percent (100%) of any approved reimbursable expeOll8B, as full and suffICient payment of the current invoice .f payment is received by POI by the fifteenth calendar day following POI's current Invoice Date. Any and all relmburuble expell8eS induded as part of POI'. Invoice are not eligible for the five percent (5'Yo) discount applied to manhour services. A service retainer may be required to engage POI services. Project Development International Page 7 of 7 EXHIBrr I~ EXHIBIT C A enda Item No. 16K2 eptem er , _____ Page 15 of 15 ALB n_~_;--__ .UOBB 08-06-2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL.ICIES BELOW. AC08D,. CERTIFICATE OF LIABILITY INSURANCE 1fIt1DUCER WELLS FARGO INS/PHS 224347 P: (866)467~8730 F: (877)538-8526 PO BOX 29611 :CHARLOTTE NC 2B229 j 1NSlIIB. !PROJECT DEVELOP INTERNATIONAL INC 1557 PARK ST. DUNEDIN FL 34698 COVERAGES INSURERS AFFORDING COVERAGE ~kHartford Casualt Ins CO INSURER B: INSU..... C: INSURER 0: INSUAEIl E: I THE POUCIES OF INSORANCE USTEO BeLOW HAVE BEEN IS!O~D TO THE INSURED NAMED ABOVE FOR THE'JSO'iJWJS!l\loO INDICAT!c. ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPeCT TO WHICH THIS CEI'lTIF'CATe MAY 8E ISSUED OR I MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCW5IONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BeEN ftEDUCED BY PAID CLAIMS. !~ TYN "'_UllANCI ,g{JC1'- I'OUCI' 1'OI.JCY _110M llIIIr. I t 1M,.. All,.. IA .,!!!!IEI/AI. UAIIIUrY EACH OCCURIlENCE .1.000.000 ~ 5MellCIAl GENERAL UABIUTY 21 SBA BK2 2 8 9 07/20/10 07/20/11 FIRE DAMAGE (My one tnl dOO.OOO I - ClAIMS MADE 00 OCCUR MED EXP (Anyon._1 .10 000 X General Liab PERSONAL . AIlV 1IOj.IUIIT .1.000-000 Gl!N!Iw.. AQMEOAT! .2 . 0 00 . 000 ~'L AQGREn LIMIT Al'PLril PER: PRODUCTS.. COMPIOP AGO .2.000.000 -.-- POLICY '1~T X LaC ~OMOBll.E UAlIIlJTY COMBINED SINGLE I./MIT . ~ , ANY AUTO lEa_I '- -----..- - AU OWNED AUTOS BODILY INJURY . I ; SCHEDULEO AUTOS IPw ""'.....1 -, -- -..- HIRED AUTO$ BODILY INJURY I . : NON.OWNED AUTOS 11'11 _om) .,,'- >-- PROPERTY DAMAGE . I 11'11 accld...11 ....- I-- _, -'-"~ I---~'-,---, ... -..--....---.-. -- ~~AaE UAM/TY. ~y.!.Q2..'!!:.~ . EA ACCIDENT . ~ H ANY AUTO OTHER THAN EAACC . : AUTO ONLY: AGG ~ i IKCfSJ UAII/UTY EACH OCCURRENCE $ : O' OCCUR [] CIJ.lM$ MADe AClOREClATE . I ! "_.w_ _,.___, .~.___,._ .~_ . R DEDUCTIBLE . ---' : I REHNTION . -- . ' ---.J i WOllKEIIS r:tHIPENSA 'nON AM) I WC STATU', I IOJ,ti. I EMf'LOl'iEIIS' UAlllurl' E.L EACH ACCIDENT . i I ~~~~~Q.YEE . , E.L P1SEASE . POUCv UMIT I ! .....-..-.-. ._'~-- i I OTlEII I I -_.~~. i DESCI//I'TrON 01' O~7'IONSIt.0CA'rItJN&WHlCUUXCLlI8IONS AD<<D III' ~_UMENt~ f'fIOIlr$lO_ 1 Those usual to the Insured's Operations. Certificate Holder is an Additional I Insured per the Business Liability Coverage Form SS0008 attached to this policy. I _ CERTIFICATE HOLDER ~DlItfrIONAL-~E~~:I.!~;.'_'.~ A . CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WIl.L ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE 110 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAlLUR!: TO 00 SO SHALL IMPOse NO OBUGATION OR UABIUTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. Collier County Government 3301 TAMIAMI TRL E NAPLES, FL 34112 1I~IIENtATM . -....---.----. /~ /~~