Backup Documents 03/23/2010 Item #16C 7
1-6C7
MEMORANDUM
Date:
March 30,2010
To:
Kelsey Ward, Contract Administration Manager
Purchasing Department
From:
Ann J ennej ohn, Deputy Clerk
Minutes and Records Department
Re:
Contract: #10-5466 "General Legal Services for
Public Utilities"
Contractor: de la Parte & Gilbert, P A
Attached, is an original contract, referenced above, (Item #16C7) approved by
the Board of County Commissioners on March 23, 2010.
The Minutes & Records Department has held the third original for the Board's
official record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment (1)
16C7
ITEM NO.: (b ~ ~~c.. roDf $.,.
FILE NO.:
REQUEST FOR LEGAL SERVICES
., -'l'\..- ur \Ht., DATE RECEIVED:
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ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
Date:
March 23, 2010
To:
Office of the County Attorney
Jeff Klatzkow
From:
Kelsey Ward, Contract Administration Manager
Purchasing Department, Extension 8949
SQ-r
UL\J.312-u{ 10
Re: Contract: #10-5466 General Legal Services for Public Utilities"
Contractor: de la Parte & Gilbert, PA
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on March 23, 2010, Agenda I
Item 16.C.7 :/
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any
questions concerning the document, please contact me. Purchasing would
appreciate notification when the documents exit your office. Thank you.
c: Phil Gramatges, PUPPMD
~
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MEMORANDUM
TO:
Ray Carter
Risk Management Department
-.flc~ ~
FROM:
Kelsey Ward, Contract Administration Manager
Purchasing Department, Extension 8949
DATE: March 23, 2010
RE: Review Insurance for Contract: #10-5466 General Legal Services
for Public Utilities"
Contractor: de la Parte & Gilbert, PA
This Contract was approved by the BCC on March 23, 2010, Agenda Item
16.C.7
Please review the Insurance Certificates for the above referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 8949.
dod/KW
DATE REcEIVED
MAR 24.2010
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C: Phil Gramatges, PUPPMD
16C7
16C7
I
,
mausen 9
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Wednesday, March 24, 2010 1 :31 PM
ward_kelsey
GramatgesPhi/; mausen_g
Contract 10-5466
..
Alii I have approved the certificate(s) of insurance provided by de la Parte & Gilberti PA for contract 10-5466. The
contract will now be forwarded to ,the county attorney's office fortheir review.
Thank you,
Ray
~~
Manager Risk Finance
Office 239-252-8839
Cell 239-821-9370
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
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Florida Profit Corporation
DE LA PARTE & GILBERT, PROFESSIONAL ASSOCIATION
Filing Information
Document Number 493400
FEIIEIN Number 591637031
Date Filed 12/31/1975
State FL
Status ACTIVE
Last Event NAME CHANGE AMENDMENT
Event Date Filed 01/13/2000
Event Effective Date NONE
Principal Address
101 E KENNEDY BOULEVARD
SUITE 3400
TAMPA FL 33602 US
Changed 01/18/2000
Mailing Address
POST OFFICE BOX 2350
TAMPA FL 33601 US
Changed 03/24/1994
Registered Agent Name & Address
MCNAMARA, PATRICK J
101 E. KENNEDY BLVD., STE. 3400
TAMPA FL 33602 US
Name Changed: 04/18/2007
Address Changed: 05/05/1999
Officer/Director Detail
Name & Address
Title VD
GILBERT, RICHARD A
3317 WEST GRANADA STREET
TAMPA FL 33629 US
Title PD j
DE LA PARTE, EDWARD P JR
15802 DAWSON RIDGE DR
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16 C7- I
TAMPA FL 33647 US
Title VTD
MCNAMARA, PATRICK J
5803 GORDON AVE
TAMPA FL 33611 US
Title VSD
CALDEVILLA, DAVID M
9734 N ARMENIA AVE
TAMPA FL 33612 US
Title VD
ARENAS-BATTLES, VIVIAN
101 E. KENNEDY BLVD. #3400
TAMPA FL 33602 US
Annual Reports
Report Year Filed Date
2007 04/18/2007
2008 01l22/2Q08
2009 02/17/2009
Document Images
02/17/2009 - ANNUAL REPORT !
01/22/2008 - ANNUAL REPORT:
04/18/2007 - ANNUAL REPORT .
03/2Il2006 -- ANNUAL REPORT ;
03/21/2005 - ANNUAL REPORT
04/26/2004 - ANNUAL REPORT
04/14/2003 - ANNUAL REPORT .
02/24/2002 - ANNUAL REPORT '
03/14/2001 - ANNUAL REPORT.
01/18/2000 - ANNUAL REPORT'
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01/13/2000 - Name Change
01/11/2000 - Amendment
05/05/1999 - Reg. Agent Change:
03/02/1999 - ANNUAL REPORT
QJl26/1998 - ANNUAL REPORT
07/29/1997 - ANNUAL REPORT ;
05/01/1996 - ANNUAL REPORT .
04/28/1995 - ANNUAL REPORT
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RLS# Ibt\L.CO\~
E"tio/Na..~ J~\:~:~~~~~ CO~ '16 C 7
Entity name oorreet on eontraet? ~~
Entity registered with FL Sec. of State? ./1es
No
No
Insurance
Insurance Certificate attached? ~ es . No .
Insured registered in Florida? =L.2= !' es No ..1- l ~( tt/
Contract # &lor Project referenced on Certificate? Yes ~No tltJ' ( ...1
Certificate Holder name correct (BCC)? ~s No
Commercial General Liability ......, I,.,..., I,
General Aggregate Required $~ Provided $ 2rt\~ \ \ Exp. Date ~10
Products/CompllOp Required $ Provided $ (1 I J Exp. Date '
Personal & Advert Required $ Provided $ \ 'tV"\ ~ \ t Exp. Date ~ J)
Each Occurrence Required $ Provided $ tl ~ J Exp. Date
Fire/Prop Damage Required $ , Provided $ 300'l, Exp. Date
Automobile Liability ~ . ~ D
Bodily Inj & Prop Required $ W \t'" Provided $~. \m \ \ \ Exp Date '2...7 ,
Workers Compensation ~
Each accident Required $ '/ Provided $ -.JOO \L. Exp Date -z. 7-1 10
Disease Aggregate Required '!It{ . -tf' Provided $ t l 'J Exp Date ~ J
Disease Each Empl Required .$ J \ \ Provided $ .'500 L Exp Date ,;' If ,
Umbrella Liability l.-t' ....., [
Each Occurrence Provided $ t~ i \ Exp Date ~O
Aggregate Provided $ ( , 'I Exp Date II ~ ~
Does Umbrella sufficiently cover any underinsured portion? Yes No
Professional Liability . \\ 1'1-0. \ ~ IJ 0
Each Occurrence Required~ m \\ Provided $5-0\ \\ Exp. Date ~ \ '
Per Aggregate. Required r . Provided $ Ie I J Exp. Date ! I I I
Other Insurance
Each Occur Type: Required $ Provided $ Exp Date _
County required to be named as additional insured?
County named as additional insured?
Yes ~
~es No
Ges ~
Yes
Yes No
- Yes No
Yes No
~~ No
es No
, . es No
Yes No
~ No
No
~ No
Yes No ~ID
Reviewer Initial .
Date:
04-COA'{)] " 2
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Per:formance Bond .
Bond requirement referenced in contract?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signature block?
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Attachments
Are all required attachments included?
-1'6-C-7
AGREEMENT
10-5466 I/General Legal Services for Public Utilities"
THIS AGREEMENT, made and entered into on this 23rd day of March, 2010, by and
between de la Parte & Gilbert, P. A., authorized to do business in the State of Florida, whose
business address is 101 E. Kennedy Boulevard, Suite 2000, Post Office Box 2350, Tampa, Florida
33601-2350, hereinafter called the "Consultant" and Collier County, a political subdivision of
the State of Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. This Agreement shall commence upon Board approval. The
initial contract term shall be for a one (1) year period, commencing on contract
execution and terminating one year from that date. The County may, at its discretion
and with the consent of the Consultant, renew the Agreement under all of the terms and
conditions contained in this Agreement for three (3) additional one (1) year periods. The
County shall give the Consultant written notice of the County's intention to extend the
Agreement term not less than ten (10) days prior to the end of the Agreement term then
in effect.
2. STATEMENT OF WORK. The Consultant shall provide professional legal services in
accordance with Exhibit" A", Scope of Services, referred to herein and made an integral
part of this Agreement. TIris Agreement contains the entire understanding between the
parties and any modifications to this Agreement shall be mutually agreed upon in
writing by the Consultant and the County, in compliance with the County Purchasing
Policy and Administrative Procedures in effect at the time such services are authorized.
3. COMPENSATION: The County shall pay the Consultant for the performance of this
Agreement upon completion or partial completion of work tasks pursuant to the hourly
rates as set forth in Exhibit "B", together with the Travel and Reimbursable Expenses as
defined in this Agreement. Invoices shall be submitted not more frequently than once
per month. Any modifications to the compensation shall be in writing, as approved in
advance by the County.
Payment will be made upon receipt of a proper invoice and upon approval by the
County project manager or his designee, and in compliance with Section 218.70, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act".
Page 1 of 12
16C7
3.2 Consultant agrees to furnish to the County, after the end of each calendar month, a
comprehensive and itemized statement of charges for the Services performed and
rendered by Consultant during that time period, and for any County authorized
reimbursable expenses as herein below defined, incurred and/ or paid by Consultant
during that time period. The monthly statement shall be in such form and supported
by such documentation as may be required by the County. All such statements shall be
on Consultant's letterhead and shall indicate the Purchase Order Number, its Federal
Employer Identification Number, a listing of all costs, expenses, vouchers, invoices and
other documentary evidence that will describe in reasonable detail the basis for
expenditures for which reimbursement is sought. Payment may be withheld for failure
of the Consultant to comply with a term, condition or requirement of this Agreement.
3.3 Travel and Reimbursable Expenses during the term of this Agreement shall be
approved in advance in writing by the County. Allowable travel expenses include those
authorized in writing, except for local travel within Collier or Lee Counties, and all
Contract-related mileage for trips that are from or to destinations outside of Collier or
Lee Counties as approved by the County. Travel expenses shall be reimbursed as per
Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage $0.445 per mile or maximum rate
allowable under Section 112.061, Fla.
Stat.
Breakfast $6.00 or maximum rate allowable under
Section 112.061, Fla. Stat.
Lunch $11.00 or maxImum rate allowable
under Section 112.061, Fla. Stat.
Dinner $19.00 or maxImum rate allowable
under Section 112.061, Fla. Stat.
Airfare Actual ticket cost limited to tourist or
coach class fare.
Rental car Actual rental cost lirpited to compact or
standard-size vehicles.
Lodging Actual cost of lodging at single
occupancy rate with a cap of no more
than $150.00 per night.
Parking Actual cost of parking
Taxi or Airport Actual cost of either taxi or airport
Limousine limousine
3.4 Reimbursable items other than travel expenses shall be limited to the following:
copies, exhibits, court reporter fees, telephone long-distance charges, cell phone charges,
photocopying charges and postage related to the litigation. Other items related to the
Page 2 of 12
16C7
provision of services may be paid on request if approved in advance in writing by the
County. Reimbursable items will be paid only after Consultant has provided all receipts.
Consultant shall be responsible for all other costs and expenses associated with activities
and solicitations undertaken pursuant to this Agreement.
4. SALES TAX. Consultant 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.
5. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Edward P. de la Parte, Jr.
De la Parte & Gilbert, P .A.
101 E. Kennedy Boulevard, Suite 2000,
Post Office Box 2350,
Tampa, Florida 33601-2350
Telephone: 813-229-2775
Fax: 813-229-2712
All Notices from the Consultant 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 Tarniarni Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/ GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Consultant 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 Consultant or to constitute the Consultant as an
agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. Payment
for all such permits issued by the County shall be processed internally by the County. All
non-County permits necessary for the prosecution of the Work shall be procured and
paid for by the Consultant. The Consultant shall also be solely responsible for payment
Page 3 of 12
-1-6 C 7
of any and all taxes levied on the Consultant. In addition, the Consultant shall comply
with all rules, regulations and laws of Collier County, the State of Florida, or the U. S.
Government, and the Rules Regulation the Florida Bar now in force or hereafter adopted.
The Consultant agrees to comply with all laws governing the responsibility of an
employer with respect to persons employed by the Consultant.
8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant or
if the County or its authorized representative shall deem any conduct on the part of the
Consultant to be objectionable or improper, the County shall have the right to suspend
the contract of the Consultant. Should the Consultant fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-hour (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Consultant 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 Consultant be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement immediately for cause; further the County may terminate this Agreement
for convenience with a tlrirty (30) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as
to race, sex, color, creed or national origin regarding the delivery of services under this
Agreement.
11. INSURANCE. The Consultant shall provide insurance as follows:
A. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
B. Professional Liability: The Consultant shall maintain in full force and effect,
during the life of this Agreement, Standard Professional Liability Issuance with
limits not less than Two Million Dollars ($2,000,000.00) each occurrence with a
maximum deductable of Fifty Thousand Dollars ($50,000.00).
C. Special Requirements: Certificates of Insurance, satisfactory to Collier County
evidencing all such coverages shall be furnished to Collier County immediately
upon executive of this Agreement, with complete copies to be furnished upon
Page 4 of 12
16.C7
"
Collier County's request. Renewal certificates shall be sent to the County ten (10)
days prior to any expiration date. There shall be a thirty (30) day notification to
Collier County in the event of cancellation or modification of any stipulated
msurance coverage.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant
shall inderrmify 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 Consultant or anyone employed or utilized by
the 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 inderrmified party or person described in this
paragraph. The provisions of this section shall survive the expiration or earlier
termination of this Agreement. To the extent considered necessary by County, any sums
due Consultant under this Agreement may be retained by County until all of County's
clams for inderrmification pursuant to this Agreement have been settled or otherwise
resolved; and any amount withheld shall not be subject to payment of interest by
County.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behaH of
the County by the Public Utilities Division.
14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant 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: Exhibit A, Scope of Services, Exhibit B, Hourly Rates, and Insurance
Certificate.
16. SUBTECT 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. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Page 5 of 12
16C7
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 Consultant 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 D.S.C. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Consultant 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. VENUE. 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.
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. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the County and Consultant.
22. DISPUTE RESOLUTION. 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 Consultant with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior 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. The mediation
shall be attended by representatives of Consultant 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. Stat.
Page 6 of 12
16C7
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/PROTECT 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 persons will be utilized in the performance of the contract.
Selected firm shall assign as many people as necessary to complete the services on a
timely basis, and each person assigned shall be available for an amount of time
adequate to meet the requirement of the engagement. Firm shall not change Key
Personnel unless the following conditions are met: (1) Proposed replacements have
substantially the same or better qualifications and/ or experience. (2) that the County 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 proposed replacement personnel.
23.2 Multiple Attorney Assigmnents. The County acknowledges that, from time to
time, it may be advisable for Consultant to assign more than one attorney to a project.
Nevertheless, in order to ensure that such multiple attorney assignments are efficient
and cost-effective for the County, Consultant agrees to the following procedures and
billing limitations for multiple attorney assignments.
a. A primary attorney will be identified for projects. In practice, this means that
generally only the primary attorney will meet or communicate directly with County
personnel or attend meetings, hearings, or other proceedings on behalf of the
County, except in instances of emergency or where in the responsible professional
judgment of Consultant the requirements of the project warrant a multiple attorney
presence at such proceedings.
b. Attorneys assigned to a project other than the primary attorney will be less senior
attorneys with lower billing rates unless the additional attorney(s) has/have a
demonstrated expertise that will demonstrably enhance the value and efficiency of
the legal services being provided to the County.
c. Consultant agrees that internal or in-house conferences among multiple attorneys
assigned to a project or case shall be kept to the absolute minimum necessary for the
professionally responsible provision of the legal services in question.
Page 7 of 12
l~6-C 7
24. PUBLIC RECORDS AND INSPECTION. If the Florida Public Records Act (Chapter
119, Fla. Stat) is determined by County to be applicable to Consultant's records,
Consultant shall comply with all requirements thereof; however, no confidentiality or
non-disclosure requirement of either federal or state law shall be violated by
Consultant. Upon the request of the County, Consultant shall return documents to
County upon termination of any matter for which Consultant has provided
representation to the County. With regard to those materials which remain in the
possession of Consultant, Consultant shall preserve and make available those materials,
at reasonable times for examination and audit by County, for a period of three (3) years
after termination of this Agreement.
25. OWNERSHIP OF DOCUMENTS. Any and all reports, photographs, surveys, and
other data and documents provided or created in connection with this Agreement are
and shall remain the property of County. In the event of termination of this Agreement,
any reports, photographs, surveys, and other data and documents prepared by
Consultant, whether finished or unfinished, shall become the property of County and
shall be delivered by Consultant to the County within seven (7) days of termination of
this Agreement by either party. Any compensation due to Consultant shall be withheld
until all documents are received as provided herein.
26. WAIVER OF BREACH AND MATERIALITY. Failure by County to enforce any
provision of this Agreement shall not be deemed a waiver of the provision or
modifications of this Agreement. A waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
27. INDEPENDENT CONTRACTOR. Consultant is an independent contractor under this
Agreement. Services provided by Consultant shall be subject to the supervision of
Consultant, and such services shall not be provided by Consultant as officers,
employees, or agents of County. The parties expressly acknowledge that it is not their
intent to create any rights or obligations in any third person or party under this
Agreement.
-Remainder of page intentionally left blank~
Page 8 of 12
16 C7-
IN WITNESS WHEREOF, the Consultant 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.
ArrEST: ," """'.
Dwight ~;;J3~9~~fP91e~kof Courts
By' ~1?~~C
Da~edt;3 ';:.36~J;~:
(5EAL )\!.,,/;i))>:,~~"
*11l....tt ...,~ j
.t.. I.~"i'~~.' ,-.},::')"
..-~. t.,....'7iL ,." .
Denise Dimond
Deborah D. Carlisle
tTypejprint witness namet
Approved as to form and
legal sufficiency:
ounty Attorney
'1'7
S4>1f ,2 ~A-L I
-
Print Name
BOARD OF COUNTY CONt:MISSIONERS
COLLIER COUNTY, FLORIDA
By: ~W. ~
Fred W. Coyle, Chairman
de la Parte & Gilbert, P. A.
Consultant
By:
~ ct, R~~
Signature
Edward P. de la Parte. Jr.. President
Typed signature and title
Page 9 of 12
Item# ~ 7
Agenda 3.... d-~1 0
Date .
Date 3 -CPf--tD .
Rec'd
~tL
Deputy er
16C7
Exhibit" A"
Scope of Work
10-5466 General Legal Services for Public Utilities
This Agreement is for the purpose of procuring specialized Legal Services for Public
Utilities on an as-needed basis, including but not limited to, those described below.
1. Representing Collier County regarding Water Use Planning and Water Use Permitting
issues before the South Florida Water Management District (SFWMD); advice on permit
application preparation, addressing water conservation requirement issues, addressing
environmental impacts, processing Water Use Permit applications through the SFWMD
and other regulatory agencies, assisting the County with respect to the 5-year
compliance review under its Water Use Permit and obtaining favorable approvals from
the SFWMD and other regulatory agencies regarding acquisition of freshwater sources;
and coordination with the proposed Florida Legislation, if any, related to matters of
freshwater resource use competition from the CERP Water Reservations process of the
SFWMD (affecting freshwater resource availability). .specifically, the following services
will be required:
2. Representing Collier County regarding rulemaking issues before the South Florida
Water Management District (SFWMD), including but not limited to water use permit,
water conservation, water reservations, water availability and minimum flows and
levels regarding acquiring freshwater and brackish sources; and coordination with
current or newly proposed State of Florida legislation and rulemaking, if any, related to
matters of water availability for potable water supply or for matters relating to
freshwater resource use competition from the Water Reservations process of the
SFWMD affecting freshwater resource availability.
3. Representing Collier County regarding permitting for all wastewater treatment and
disposal facilities, reclaimed water reuse and irrigation quality water permits issued by
the Department of Environmental Protection (DEP), the SFWMD and other state,
federal or lo~al agencies; advice on permit application preparation, addressing
conditions for issuance and obtaining favorable approvals from the regulatory agencies;
and coordination with any existing or proposed Florida Legislation.
4. Representing Collier County regarding rulemaking issues governing wastewater
treatment and disposal, reclaimed water reuse and irrigation quality water.
5. Legal advice and services (including procedure) regarding general utility,
environmental permitting and legislative issues involving Collier County.
Page 10 of12
16C7
6. The County anticipates that these services will generally be limited to issues and
processes that will involve "administrative law" and support of the County's
applications and related requests before all agencies."
7. These services will require a thorough working knowledge of the Lower West Coast
Water Supply Plan and updates, Knowledge of SFWMD and FDEP water conservation
requirements, programs of the South Florida Water) Management District's
(SFWMD's) Governing Board, including its Pre-CERP (Comprehensive Everglades
Restoration Plan) Guidance Memorandum, issues regarding inter-district transfers of
groundwater, implementation of CERP pursuant to Federal and/ or Florida Law, the
United States Environmental Protection Agency and its oversight role of the DEP, the
United States Army Corps of Engineers, the Florida Department of Environmental
Protection in its oversight role of the SFWMD, and the County's Land Development
Code and the County's Growth Management Plan
8. The firm and/ or individual attorney shall be responsible for knowledge of, and
compliance with, all relative local, state and federal laws, ordinances, rules and
regulations.
9. The County reserves the right to order such services from the firm or
individual as may be required during said period, but does not guarantee that any
minimum or maximum amount of services will be ordered (assigned) during the term
of the contract. Service assignments shall be at the sole discretion of the County.
Page 11 of 12
16C7
Exhibit "B"
Fee Schedule
10-5466 General Legal Services for Public Utilities
Professional Category Hourly Fee
Edward de la Parte, Jr. $300.00
Other Shareholders $250.00
Associate Attomeys $200.00
Law Clerks $100.00
Paralegals $ 90.00
Page 12 of 12
-16 C 7
Client#: 7620
3DELAGIL
ACORD...
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMlDD/YYYY)
01/06/2010
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 POLICIES BELOW.
PRO.DUCER
Willis of Florida, Inc
3000 Bayport Drive, Suite 300
Tampa, FL 33607
813 281-2095
de la Parte & Gilbert, P.A.
101 E. Kennedy Blvd. Suite 2000
Tampa, FL 33602
INSURERS AFFORDING COVERAGE
INSURER A: Hartford Casualty
INSURER B:
INSURER C;
INSURER 0;
INSURER E:
NAIC#
29424
INSURED
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICA TED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED DR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDIl10NS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR 'm~~ TYPE OF INSURANCE POLICY NUMBER PJll-~YtJ~g'wIE Pg~flr~~b~~N LIMITS
LlR
A ~NERAL UABILTTY 21SBAK07317 07/27/09 07/27110 EACH OCCURRENCE s1- 000 000
X- 3MMERCIAL GENERAL UABIUTY ~~~~~~;r9 RENTED 5300.000
- ClAIMS MADE ~ OCCUR MED EXP (Arly one person) s10000
PERSONAL & IWV INJURY $1.000 000
GENERAL AGGREGATE 52 000 000
~ AGGREGATE LIMIT APAS PER: PRODUCTS - COMPIOP AGG 52 000 000
. n PRO-
POLICY JECT LOC
A ~UTOMOBILE LIABILITY 21SBAK07317 07127109 07127110 COMBINED SINGLE LIMIT
ANY AUTO (Ea accidenl) $1,000,000
-
c-- ALL OWNED AUTOS BODILY INJURY
(Per person) $
I- SCHEDUlED AUTOS
~ HIRED AUTOS BOOn. Y INJURY
$
JL NON-OWNED AUTOS (Per accident)
PROPERlY DAMAGE S
(Per acddenl)
R^GE UABILTTY AUTO ONLY - EA ACCIDENT 5
IlJolYAUTO OTHER THAN EA ACC $
AUTO ONLY: AGG S
A tiJESSJUMBRELLA UABILTTY 21SBAK07317 07/27/09 07127/10 EACH OCCURRENCE s5 000 000
X OCCUR D CLAIMS MADE AGGREGATE s5 000 000
S
@ DEDUCTIBLE $
X RETENTION $10000 $
A WORKERS COMPENSATION AND 21WECEX7167 07127/09 07/27/10 X I WC STATU- I IO~-
EMPLOYERS' LIABILITY E.L EACH ACCIDENT 5100,000
IlJolY PROPRIETORIPARnlERlEXECUllVE
OFACER/MEMBER EXa.UDED7 E.L. DISEASE - EA EMPLOYEE 5100,000
If yes, desaibe under E.L. DISEASE - POLICY LIMIT s500,000
SPECIAL PROVISIONS below
OlliER
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES f EXCLUSIONS AODED BY ENDORSEMENT f SPECIAL PROVISIONS
Subject to 10 days notice of cancellation due to non-payment of premium.
Certificate Holder Is named as additional Insured.
CERTIFICATE HOLDER
CANCELLATION
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
SHOULD ANY OF niE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAlL -3.Q.... DAYS WRITT'EN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGAllON OR UABILllY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
A,WHORlZED I'EPRESENTATlVE
<-Je'--- '1.0~~
ACORD 25 (2001/08) 1 of 2
#S292311~281565'
MSOWE @ ACORD CORPORATION 1988
16C7
Brown & Brown Insurance
::' O. Box 153005
~lttAIe'.~=:I;~9,_~E ,. I ~S~E1~8~6~WDDIYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY MID CONFERS TO RIGHTS UPON THE
CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENDEO DR ALTER TIiE COVERAGE
AFFORDED BYTHE POLICIES BELOW.
;'qt10UCE~
COMPANIES AFFORDING COVERAGE
Tampa. FL 33684-3005
COMPANY
LETTER
iNSU~EU
De La Parte & Gilbert, PA
101 E. Kennedy Blvd., Suite 3400
COMPANY
LETTER
COMPANY
LETTER
COMPANY
LETTER
COMPANY ,
LETTER
A Westport Insurance Corporation
8
C
D
E
iampa. Florida 33602
COVERAGES
,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIiE POLICY PERIOD INDICATED. NOTWITHSTANDING
'-NY REQUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUME~W1TIi RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE
'-ffORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID
,;"/'IMS.
TYpe OF INSURANCF.
POLICY NUMBER
POLICY EFF,
DATE (MMlDDIYYl
POLICY EXP. LIMITS
DATE (MMIODIYY)
GENERAL AGGREGATE
PROD-COMPIOP AGG.
PERS, &ADV,INJURY
EACH OCCURRENCE
FIRE DAMAGE
MED EXP. (ONE PERI
COMBINED SINGLE
LIMIT
BODILY INJURY
(por persoo)
BODILY INJURY
(por aoodont)
PROPERlY DAMAGE
EACH OCCURRENCE
AGGREGATE
:;,,' .,;:"
I 3TATUTORY UWTS :
EACH ACCIDENT
D1SEASE-POUCY lNIT
DISEASE-EACH EMP.
10/26/10 5,000,000 5,000,000
Each Claim Aggregate
GfNFRAI lIABIUlY
I-- COMM. GENERAL L1ABILlrf
I CLAIMS tMDE 0 OCC
OWNER'S & CONTRACT'S PROT
e--
AUTOMOBILE LIABILITY
I-- ,ANY AUTO
I-- ALL O'l'INED AUTOS
I-- SCHEDULED AUTOS
- HIH!:l1AUIOS
-
NON.OWNED MITOS
GARAGE LIABILITY
- ANY AUTO
FXCFSS liABiliTY
R UMBRELLA rORM
: OTHER THAN UMBRELLA FORM
i WORKERS COMPENSATION AND
! !:MPLOVf:H'S LlAIllLI fY
i
THE PROPRIETOR/PARTNER/EXECUTIVE
CFFICER ARE: D INCL DEXCL
I OTHER
I Lawyers Professional Liability WLA30800293B705 10/26/09
I
i
)(SCRIPTION or OPERATIONSn.OCATIONSNEHICLESISPECIAL ITEMS
Deductible - $25,000 Per Claim
CERTIF.I~;E';HOLD,ER'
Collier County
3301 East Tamiami Trail
Naples. Florida 34112
. ~:-.. . ':.- ~-~. "..:
, :.;,bCl''.\-NeELLA110N' ," ," --, .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
DAYS WRITTEtl NOTICE TO TIiE CERTIFICATE HOLDER NAMED TO TIiE LEFT, BUT FAILURE
TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR L1ABILllY OF MlV KINO UPON
THE COMPANY. ITS AGENTS OR REPRESENTATIVES
ACORD' ~-S,J3/$;i)
AU1H?\D REPRESENTATIVE
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