Agenda 07/28/2009 Item #16F 8i rr,sln i5(i-3f
1 f
EXECUTIVE SUMMARY
Recommendation to approve replacement agreement for contract 09 -5268
"Professional State Lobbyist Services" with The Closure Group, Inc., (J. Keith
Arnold and Associates) in the amount of S80,000 annually
OBJECTIVE: To continue to retain a state Iobbying firm to provide lobbying services
on behalf of the Board of County Commissioners and Collier County citizens to the State
of Florida Legislature in Tallahassee to assure activities are monitored and local interests
are represented.
CONSIDERATION: On October 11, 2005, the Board approved a contract with The
Closure Group, Inc., (J. Keith Arnold and Associates) to act as a state lobbvist on behalf
of the County as agenda item 16 F 3, resulting in a contract in the amount of $66,000
annually. The contract provided for an initial one -year term with three additional one -
year renewal options, with the final term ending October 10, Z.
The Hoard of County Commissioners, County Manager's Office, County Attorney's
Office, Florida Association of Counties (FAC) and other county staff, share in the
success of the exemplary working relationship Collier County has developed with the J.
Keith Arnold and Associates lobbying firm. Led by seasoned principal J. Keith Arnold,
his team of governmental consultants has proven throughout the duration of the contract
that staff professionalism, experience and knowledge of the state legislative process
continue to be of major importance in achieving goals. Some of the Board's most
significant victories of the past two legislative sessions can be attributed to Mr. Arnold's
contributions in collaboration with FAC, County Commissioners and county staff.
In light of these considerations, it is deemed to be in the best interest of the County to
waive competition for these services under Section V (A) 4 of the Collier County
Purchasing Policy and enter into a new replacement agreement with The Closure Group
in the amount of $80.000 annually. The replacement contract (at- tacked) will be for an
initial one -year term beginning on October 1, 2009, with three (3) additional one -year
renewal options. with the final term ending on September 30, 2013.
FISCAL INIPACT: The total cost of the new annual contract with The Closure Group,
Inc., is $80,000. Funding will be approved for state lobbying services by the Board of
County Commissioners in the Fiscal Year 2010 budget. Funds for the state lobbyist
contract are available in the County Manager Board- Rclated Costs budget, General Fund
(001).
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this ex-ccutivc s,:.r.mar`
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office, is not quasi - judicial and requires no ex parte disclosure,
requires only a majority vote for approval, and is otherwise le(Tally sufficient for Board
action. —SRT
RECOMMENDATION: That the Board of' County Commissioners approves the
waiver of competition under Purchasing, Policy Section V (A) 4, approves replacement
contract 09 -5268 Professional State hobbyist Services with The Closure Group, Inc., in
the amount of $80.000 annually, and authorizes the Chairman to sign the contract, which
has been reviewed by the County Attorney.
Prepared by Debbie Wight, Assistant to the County Manager
Page I of I
e r; -1, 0- `1 e : - r, rd:). 1 S F 8
JUIV 28, 2K19
Pag 3 :) f 19
COLLIER COUNTY
BOAPD OF COUNTY COMMISSIONEEPS
Item Number:
1 -3FS
Item Summary:
Recommendation to approve replacement agreement
for contract 09-5268 "Professional
State Lobbyist Services" with The Closure Group
Inc., i1J. Keith Arnold and Associates) in
the amount of 680,030 annually.
Meeting Date:
7,18/2009 9'00.00 AM
Approved By
Keisey Ward
Contract Administration IVananer
Date
Administrative Services
Purchasing
712012009 9:50 AM
Approved By
Steve Carnell
Purchasing!General Svcs Director
Date
Administrative Services
Purchasing
7/20,12009 11:41 AM
Approved By
OMB Coordinator
CMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7!2012009 12:21 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
7j'2012009 4:08 PIA
Approved By
Randy GreenvvaSd
Date
Coun*v lkllanaaer's Office
Office of Manaaerne; it & Fudoet
720,12009 4:13 PM
Approved By
Leo E. Ochs. Jr.
Deputy County I1fia!-,a2C-r
Date
,I o. u 2 u of Court,
Commissioners
County IV,7rager's Office
7,'21,12A'�9 1:51 PM
file:ll'C:\At-,eiidaTest\Exnot-t\]-')')-.Iulv%20'-18.%202009'\16.%2000'NSFNI'%2OACiF,NDA\]-.- 7/22/2009
SER G7CE PRD17DER AGREEMENT
Contract 09 -5268 Professional State Lobbyist Services
This SERVICE PROVIDER AGREEMENT is made and entered into this 210 day of July, 2009, between the Board of
County Commissioners of COLLIER COUNTY, a political subdivision of the STATE OF FLORIDA hereinafter referred to
as the "COUNTY" and Closure Group, Inc. whose address is: 14101 River Road, Fort Myers, FL, 33905, hereinafter
referred to as the "PROVIDER."
WITNESSETH
WHEREAS, the COUNTY desires to obtain the Lobbyist services of said PROVIDER as further described herein; and,
WHEREAS, the PROVIDER hereby certifies that it has been granted and possesses valid, current licenses to do business in
the State of Florida and in Collier County, Florida, issued by the respective State Board and Government Agencies
responsible for reguladng -nd Eceiismg the services to be provided --d perfor -ned by the PROVIDER pursuant to this
Agreement; and,
WHEREAS, the PROVIDER has reviewed the services required pursuant to this Agreement and is qualified, willing and able
to provide and perform all such services in accordance with the provisions, conditions and terms hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing, and the terms and provisions as contained herein, the parties agree
that a Contract shall exist between them consisting of the following:
ARTICLE 1.0 -SCOPE OF SERVICES
PROVIDER hereby agrees to provide and perfomn the Services required asset forth in EXHIBIT "A," entitled "SCOPE OF
SERVICES," which is attached hereto and made apart of this Agreement.
ARTICLE 2.0 - DEFINITIONS
2.1 COUNTY shall mean the Board of County Commissioners of Collier County, a political subdivision of the State of
Florida, and all officials and employees.
J! 1y '8, 28,'19
P&:`,-� 5 of 19
2.2 PROVIDER shall mean the individual, firm or entity offering services which, by execution of this Agreement, shall be
legally obligated, responsible, and liable for providing and performing any and all of the services, work and materials,
including services and/or the work of sub - contractors, required under the covenants, tern-is and provisions contained in this
Agreement.
2.3 SERVICES shall mean all services, work, materials, and all related professional, technical and administrative activities
that are necessary to perform and complete the services required pursuant to the terms and provisions of this Agreement.
2.4 ADDITIONAL SERVICES shall mean any additional services that the COUNTY may request and authorize, in writing,
which are not included in the Scope of Services as set forth in Article 1.0 above.
2.5 CHANGE ORDER shall mean a written document executed by both parties to this Agreement setting forth such changes
to the Scope of Services as may be requested and authorized in writing by the COUNTY.
ARTICLE 3.0 - OBLIGATIONS OF THE PROVIDER
The obligations of the PROVIDER with respect to all the Basic Services and Additional Services authorized pursuant to this
Agreement shall include, but not be limited to the following:
3.1 LICENSES. The PROVIDER agrees to obtain and maintain throughout the terms of this Contract all such licenses as are
required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, licenses required
by the respective State Boards and other governmental agencies responsible for regulating and licensing the services provided
and performed by the PROVIDER.
32 QUALIFIED PERSONNEL. The PROVIDER agrees that when the services to be provided and performed relate to a
professional service(s) which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal
entitlement to practice such services, to employ and /or retain only qualified personnel to be in charge of all Basic Services
and Additional Services to be provided pursuant to this Agreement.
3.3 STANDARDS OF PROFESSIONAL SERVICE. The PROVIDER agrees to provide and perform all services pursuant to
this Agreement in accordance with generally accepted standards of professional practice and, in accordance with the laws,
statutes, ordinances, codes, rules, regulations and requirements of governmental agencies which regulate or have jurisdiction
over the services to be provided anchor performed by tire PROVIDER.
3.4 CORRECTION OF ERRORS. OMISSIONS OR OTHER DEFICIENCIES
(1) Responsibility to Correct. "Ihe PROVIDER agrees to be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all data, studies, reports, memoranda, other documents and other
services, work and materials performed, provided, andior furnished by PROVIDER. The PROVIDER shall, without
additional compensation, correct or revise any errors, omissions or other deficiencies in such data, studies and other services,
work and materials resulting from the negligent act, errors or omissions or intentional misconduct of PROVIDER.
(2) County's Approval Shall Not Relieve Provider of Responsibility. Neither review, approval, nor acceptance by COUNTY
of data, studies, reports, memoranda, and incidental professional services, work and materials furnished hereunder by the
PROVIDER, shall in any way relieve PROVIDER of responsibility for the adequacy, completeness and accuracy of its
services, work and materials. Neither the COUNTY'S review, approval or acceptance of, nor payment for, any part of the
PROVIDER'S services, work and materials shall be construed to operate as a waiver of any of the COUNTY'S rights under
this Agreement, or any cause of action it may have arising out of the performance of this Agreement.
3.5 LIABILITY - PROVIDER TO HOLD COUNTY HARMLESS. The PROVIDER shall be liable and agrees to be liable
for, and shall indemnify, defend and hold the COUNTY harmless for any and all claims, suits, judgments or damages, losses
and expenses inC iuw� c6uIi Coats, expert , ;vitness and professional consultation sci'vices, and attorneys' fees arising out of
the PROVIDER'S errors, omissions, and /or negligence. The PROVIDER shall not be liable to, nor be required to indemnify
the COUNTY for any portions of damages. arising out of any error, omission, andlor negligence of the COUNTY, its
emr)lovees, agents. or representatives.
3.6 NOT TO DIVULGE CERTAIN -INFORMATION. PROVIDER agrees, during the term of this Agreement, not to
divulge, furnish or make available to any third person, firm, or organization, without the COUNTY'S prior written consent,
or unless incident to the proper performance of PROVIDER'S obligations hereunder, or as provided for or required by law,
or in the course of judicial or legislative proceedings where such information has been properly subpoenaed; any non- public
information concerning the services to be rendered by PROVIDER, and PROVIDER shall require all of its employees and
sub- contractor(s) to comply with the provisions of this paragraph.
3.7 RESPONSIBILITY FOR ESTIMATES. In the event the services required pursuant to this Agreement include the
PROVIDER preparing and subnutting to the COUNTY any cost estimates, the PROVIDER, by exercise of his experience
and ;udgment shall develop its best cost estimates and shall be held accountable, responsible and liable for the accuracy,
complctencss, and correctness of any and all such cost estimates to the extent provided hereafter.
-ors ;'' ---m No. 16r=8
Jul,r 2'8. 20103
i:,alE7of "i9
3.8 ADDITIONAL SERVICES. Should the COUNTY request the PROVIDER to provide and perform professional services
under this contract which are not set forth in EXHIBIT "A," the PROVIDER agrees to provide and perform such
ADDITIONAL SERVICES as may be agreed to in writing by both parties to this Agreement.
ADDITIONAL SERVICES shall be administered and executed as "CHANGE ORDERS" under the Agreement. The
Provider shall not provide or perform, nor shall the COUNTY incur or accept any obligation to compensate the PROVIDER
for any ADDITIONAI, SERVICES, unless the parties shall execute a written CHANGE ORDER.
Each such CHANGE ORDER shall set forth a description of (1) the Scope of the ADDITIONAL SERVICES requested; (2)
the basis of compensation; and (3) the period of time and /or schedule for performing and completing the ADDITIONAL
SERVICES.
ARTICLE 4.0 - COMPENSATION AND METHOD OF PAYMENT
4.1 BASIC SERVICES. The COUNTY shall pay the PROVIDER for all requested and authorized basic services rendered
hereunder by the PROVIDER and completed in accordance with the requirements, provisions, and/or terms of this
Agreement as set forth in Exhibit `B" which is attached hereto and made a part of this Agreement. Total yearly
compensation shall not exceed eighty thousand dollars ($80,000) per year without prior written approval from the County
Manager or his designee.
4.2 ADDITIONAL SERVICES. The COUNTY shall pay the PROVIDER for all ADDITIONAL SERVICES as have been
requested and authorized by the COUNTY and agreed to in writing by both parties to this Agreement and according to the
terms for compensation and payment of said ADDITIONAL SERVICES as set forth in Section 3.8.
4.3 METHOD OF PAYMENT
(1) Monthly Statement, The PROVIDER shall be entitled to submit not more than one invoice statement to the
COUNTY each calendar month covering services rendered and completed during the preceding calendar month. The
PROVIDER'S invoice statement(s) shall be itemized to correspond, to the basis of compensation as set forth in the
Agreement or CHANGE ORDER(S). The PROVIDER'S invoice statements shall contain a breakdown of charges,
description of service(s) and work provided and/or performed, and, where appropriate, supportive documentation of charges
consistent with the basis of compensation set forth in the Agreement or in CHANGE ORDER(S).
(2) Payment Schedule. The COUNTY shall pay the PROVIDER for the performance of this Agreement upon
completion of the work as accepted and approved by the County Manager or his designee pursuant to Exhibit "B," hereto
�. attached and incorporated herein by reference. Payment will be made upon receipt of a proper invoice and in compliance
4
9"
2"
with Section 218.70 F.S. otherwise known as the "Local Government Prompt Payment Act."
4.4 PAYMENT WHEN SERVICES ARE TERMINATED AT THE CONVENIENCE OF THE COUNTY. In the event of
termination of this Agreement at the convenience of the COUNTY, the COUNTY shall compensate the PROVIDER for: (I)
all services performed prior to the effective date of termination; (2) any' reimbursable expenses then due; and (3) reasonable
expenses incurred by the PROVIDER in affecting the termination of services and work, and incurred by the submittal to the
COUNTY of any documents.
PAYMENT s „i�HE\� ISEIR i EC' h C`T C Ti T1 I 1,
- \ ��,..ICL �P.E C'.;cPE IN the event the COU?vTi'suspends the PROVIDER'S services or
work on all or part of the services required by this Agreement, the COUNTY shall compensate the PROVIDER for all
services performed prior to the effective date of suspension and reimbursable expenses then due and any reasonable expenses
incurred or associated with, or as a result of such suspension.
4.6 NON - ENTITLEMENT TO .ANTICIPATED FEES IN THE EVENT OF SERVICE TERMIIN?ATION, SUSPENSION,
ELIMINATION, CANCELLATION AND /OR DECREASE IN SCOPE OF SERVICES. In the event the services required
pursuant to this Agreement are terminated, eliminated, canceled, or decreased due to: (I) termination; (2) suspension in whole
or in part; and (3) and %or are modified by the subsequent issuance of CHANGE ORDER(S), the PROVIDER shall not be
entitled to receive compensation for anticipated professional fees, profit, - eneral and administrative overhead expenses or for
any other anticipated income or expense which may be associated with the services which are terminated, suspended,
eliminated, cancelled or decreased.
ARTICLE 5.0 - TIME AND SCHEDULE OF PERFORMANCE
5 - - - , a °- -� - -e P f A by ar ti'. _ , .—.. d ftc '.i re PROVIDER has, IE � ocF.F D 1h,
complied with the insurance requirements set forth hereinafter, the COUNTY shall issue the PROVIDER a WRITTEN
NOTICE TO PROCEED. Following the issuance of such NOTICE TO PROCEED the PROVIDER shall be authorized to
commence work and the PROVIDER thereafter shall commence work promptly and shall carry on all such services and work
as may be required in a timely and diiigent manner to completion.
5.2 TIME OF PERFORMANCE. Th,- PROVIDER agrees to complete the Basic Services as listed per Exhibit "A.” Provision
of said services shall commence beginning October 1, 2009 and ending on September 30. 2010, with the option of three (3)
additional one -year (I I) renewals.
5.2.1 Should the PROVIDER be obstructed or delayed in the prosecution or completion of its obligations under this
Agreement as a result of causes beyond the control of the PROVIDER, or its sub - consultants) and/or sub- contractor(s), and
not due to their fault or neglcct, the PROVIDER shall notify the COUN"IY, in writing, within five (5) calendar days after the
Joly 28 20,119
of 11 9
commencement of such delay, stating the cause(s) thereof and requesting an extension of the PROVIDER'S time of
performance.
Upon receipt of the PROVIDER'S request for an extension of time, the COUNTY shall grant the extension if the COUNTY
determines the delay(s) encountered by the PROVIDER, or its sub- consultant(s) and/or sub- contractor(s), is due to
unforeseen causes and not attributable to their fault or neglect.
5.3 PROVIDER WORK SCHEDULE. The PROVIDER shall be required as a condition of this Agreement to prepare and
submit to the COUNTY, on a monthly basis, commencing with the issuance of the NOTICE TO PROCEED, a
PROVIDER'S WORK SCHEDULE. The WORK SCHEDULE shall set forth the time and manpower scheduled for all of the
various tasks required to provide, perform and complete all of the services and work required for completion of the various
tasks of the project services as set forth in EXHIBIT "A," pursuant to this Agreement in such a manner that the
PROVIDER'S planned and actual work progress can be readily determined. The PROVIDER'S WORK SCHEDULE of
planned and actual work progress shall be updated and submitted by the PROVIDER to the COUNTY on a monthly basis.
5.4 FAILURE TO PERFORM IN A TIMELY MANNER. Should the PROVIDER fail to commence, provide, perform,
and. /or complete any of the services and work required pursuant to this Agreement in a timely and diligent manner, the
COUNTY may consider such failure as justifiable cause to terminate this Agreement. As an alternative to termination, the
COUNTY at its option may, upon written notice to the PROVIDER, withhold any or all payments due and owing to the
PROVIDER, not to exceed the amount of the compensation for the work in dispute, until such time as the PROVIDER
resumes performance of his obligations in such a manner as to get back on schedule in accordance with the time and schedule
of performance requirements as set forth in this Agreement.
ARTICLE 6.0 - SFCi 1R.ING AGRFF.MF.NT
The PROVIDER warrants that the PROVIDER has not employed or retained any company or person other than a bona fide
employee working solely for the PROVIDER to solicit or secure this Agreement and that the PROVIDER has not paid or
agreed to pay any person, company, corporation or firm other than a bona fide employee working solely for the PROVIDER
any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of
this Agreement.
ARTICLE 7.0 - ASSIGNMENT TRANSFER AND SUB- CONTRACTS
The PROVIDER shall not assign or transfer any of its rights, benefits or obligations hereunder, except for transfers that result
from: (1) the merger or consolidation of PROVIDER with a third party; or (2) the disestablishment of the PROVIDER'S
professional practice and the establishment of the successor PROVIDER. Nor shall the PROVIDER sub - contract any of its
service obligations hereunder to third parties without prior written approval of the COUNTY. The PROVIDER shall have the
6
right subject to the COUNTY'S prior written approval, to employ other persons and/or firms to serve as sub - contractors to
PROVIDER in connection with the PROVIDER performing services and work pursuant to the requirements of this
Agreement.
ARTICLE 8.0 - APPLICABLE LA W
The laws, rules and regulations of the State of Florida, or the laws. rules and regulations of the United States, shall govern
this Agreement when providing services funded by the United States government.
ARTICLE 9.0 - NON - DISCRIMINATION
The PROVIDER for itself, its successors in interest, and assigns, as part of the consideration thereof, does hereby covenant
and agree that in the furnishing of services to the COUNTY hereunder, no person on the grounds of race, color, national
origin, handicap, or sex shall be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination. Should PROVIDER authorize another person with the COUNTY'S prior written consent, to provide services
to the COUNTY hereunder, PROVIDER shall obtain from such person a written agreement pursuant to which such person
shall, with respect to the services which he is authorized to provide, undertake for himself the obligations contained in this
Section.
ARTICLE 10.0 - INSURANCE
10. 1 INSUP.ANCE COVER-AGE TO BE OBTAINED
(1) The PROVIDER shall obtain and maintain such insurance or self - insurance as will protect him from:
laws;
(A) Claims under Workers' Compensation laws, Disability Benefit laws, or other similar employee benefit
(B) Claims for damages because of bodily injury, occupational sickness or disease or death of his
employees including claims insured by usual personal injury liability coverage;
(C) Claims for damages because of bodily injury, sickness or disease, or death of any person other than his
employees including claims insured by usual personal injury liability coverage; and
(D) From claims for injury to or destruction of tanLible property including loss or use resulting there from,
any or all of which claim may arise out of, or result from. the services. work and operations carried out pursuant to
and under the requirements of this Agreement, whe *-her such services, work and operations be by the PROVIDER,
its employees, or by any sub- consultant(s), sub- contractor(s1, or anyone employed by or under the supervision of
any of them, or for whose acts any of them may be legally liable.
P - 1i:.f 1
(2) The insurance protection set forth hereinabove shall be obtained for not less than the limits of liability specified
hereinafter, or as required by law, whichever is greater.
(3) The PROVIDER shall require, and shall be responsible for insuring, throughout the time that this Agreement is
in effect, that any and all of its sub - contractors obtains and maintains until the completion of that sub- contractor's work, such
of the insurance coverage's described herein and as are required by law to be provided on behalf of their employees and
others.
(4) The PROVIDER shall obtain, have and maintain during the entire period of this Agreement all such insurance or
a self - insurance program as set forth and required herein.
10.2 PROVIDER REQUIRED TO FILE INSURANCE CERTIFICATE(S)
(1) The PROVIDER, within fourteen (14) calendar days from receipt of the COUNTY'S written Notice of Award,
shall submit to the COUNTY all such insurance certificates or self- insurance program documentation as are required under
this Agreement. Failure of the PROVIDER to submit such certificates and documents within the required time shall be
considered cause for the COUNTY to find the PROVIDER in default and terminate the contract. Before the PROVIDER
shall commence any service or work pursuant to the requirements of this Agreement, the PROVIDER shall obtain and
maintain insurance coverage's of the types and to the limits specified hereinafter, and the PROVIDER shall file with the
COUNTY certificates of all such insurance coverage's.
(2) All such insurance certificates shall be in a form and underwritten by an insurance companv(s) acceptable to the
COUNTY and licensed in the State of Florida.
(3) Each Certificate of Insurance or self - insurance program documentation shall be submitted to the COUNTY in
triplicate.
(4) Each Certificate of Insurance shall include the following:
(A) The name and type of policy and coverage's provided,
(B) The amount or limit applicable to each coverage provided;
(C) The date of expiration of coverage.
E
(D) The designation of the Collier County Board of County Commissioners both as an additional insured
and as a certificate holder (This requirement is excepted for Professional Liability Insurance and for Workers'
Compensation Insurance); and
(E) Cancellation - Should any of the described policies be cancelled before the, expiration date thereof, the
issuing company will endeavor to mail thirty (30) days written notice to the Certificate Holder named.
(5) if the initial, or any subsequently issued Certificate of Insurance, expires prior to the completion of the work or
termination of this Agreement, the PROVIDER shall furnish to the COUNTY renewal or replacement Certificate(s) of
Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the PROVIDER to provide
the COUNTY with such renewal certiiicate(s) shall be justification for the COUNTY to terminate this Agreement.
ARTICLE 11.0 - P_vSURANCE COVERAGES REQUIRED
The PROVIDER shall obtain and maintain the following insurance coverage's:
(1) WOI�KERS' COI-vIPENSATiON. Covera-e to comply for all employees for Statutory Limits in compliance with
the applicable State and Federal laws unless a proper State of Florida Certificate of Exemption is provided. In addition, the
policy shall include the following:
(A) Ln nloyei's Liability i *.h a minimum limit per aac.:ident i , accordance with statutory requirements, or a
minimum limit of $100,000 for each a: cident, tahichever limit is greater.
(B) Notice of Cancellation and/or Restriction -The poiicy must be endorsed to provide the COUNTY with
thirty (30) days prior written notice of cancellation and/or restriction.
(?) COMMERCIAL GENL:RAL LIABILITY. Covera,!e must be afforded on a form no more restrictive than the
latest edition of the Commercial General Liability Policy filed by the Insurance Services Office and shall include the
followirL -:
(A) Minimum limits of 55007000 per occurrence and $1.000,000 a-g- egate for Bodily Injury Liability and a
n2u6rn1-m lima of C;i)n (1(1(> r:1C Prope ty Damage Ll blhry, ., annIntinCim con;bmed sinLle lLiut of S1,C0C,000.
(B) Contractual coverage applicable. to (his specific Agreement inciuding any hold harmless and %or such
indemnifi_cati>n agreement.
c
9
- ,,'a H -m No. 166--3
.July _?, 2000
F rgr) of 13
(3) BUSINESS .AUTOMOBILE LIABILITY. Coverage must be afforded on a form no more restrictive than the
latest edition of the Business Automobile Liability Policy filed by the Insurance Services Office and must include the
following:
(A) Minimum limits of $100,000 per person and $300,000 per accident for Bodily Injury Liability and a
minimum limit of $100,000 for Property Damage Liability, or a minimum combined single limit of $1,000,000.
(B) Coverage shall include owned vehicles, hired and non -owned vehicles, and employee non - ownership.
ARTICLE 12.0 - DUTIES AND OBLIGATIONS IMPOSED ON THE PROVIDER
The duties and obligations imposed upon the PROVIDER by this Agreement and the rights and remedies available hereunder
shall be in addition to, and not a limitation of, any otherwise imposed or available by law or statute.
ARTICLE 13.0 - OWNERSHIP AND TRANSFER OF DOCUMENTS
All documents such as payment records, notes, computer files, evaluations, reports and other records and data relating to the
services specifically prepared or developed by the PROVIDER under this Agreement shall be the property of the
PROVIDER until the PROVIDER has been paid for performing the services and work required to produce such documents.
Upor completion or tertination of this Agreement, all of the above documents to the extent requested by the COUNTY shall
be delivered to the COUNTY or to any subsequent PROVIDER within thirty (30) calendar days.
The PROVIDER, at its expense, may make and retain copies of all documents delivered to the COUNTY for reference and
internal use.
ARTICLE 14.0 - MAINTENANCE OF RECORDS
The PROVIDER will keep artrl maintain adequate records and supporting documentation applicable to all of the services,
work, information, expense, costs, invoices and materials provided and performed pursuant to the requirements of this
Agreement. Said records and documentation will be retained by the PROVIDER for a minimum of five (5) years from the
date of termination of this Agreement, or for such period as required by law.
The COUNTY and its authorized agents shall, with reasonable prior notice, have the right to audit, inspect and copy all such
records and documentation as often as the COUNTY deems necessary during the period of this Agreement, and during the
10
period as set forth in the paragraph above; provided, however, such activity shall be conducted only during nomlal business
hours of the PROVIDER and at the expense of the COUNTY.
ARTICLE 15.0 - HEADINGS
The headings of the Articles, Sections, Exhibits, and Attachments as contained in this Agreement are for the purpose of
convenience only and shall not be deemed to expand, limit or chant *e the provisions contained in such Articles, Section,
Exhibits and Attachments.
ARTICLE 16.0 - ENTIRE AGREEMENT
This Agreement. including the referenced Exhibits and .Attachments, constitutes the entire Agreement between the parties and
shall supersede all prior agreemctits or understandings, written or oral, relating to the matters set forth herein.
ARTICLE 17.0 - NOTICES AND ADDRESS
17.1 NOTICES BY PROVIDER TO COUNTY All notices required and/or made pursuant to this agreement to be given to
the PROVIDER .BIDER to the r r',T T\T'r � L ll s shall R v u��, wv_� TZ Siiaii be in Wij I,, art' slian lie given by the United States Postal Service or taxed to the
followin- COUNTY address of record:
X01 Tani" ami Trail East
Maples, FL 34112
Attention: Mr. Leo Ochs
Fax: 239-2S2-4010
17.2 NOTICES BY AUTHORITY TO PROVIDER All notices required and/or made pursuant to this Agreement to be given
by the COUNTY to the PROVIDER shall be made in writing and shall be given by the united States Postal Service or fared
to the following PROVIDER'S address of record:
Closure Group, Inc.
14101 River Road,
Fort :Myers. I- L '3905
Attn: J_ Keith A-mold
Fax: 550 -222 -8199
17.3 CHANGE OF ADDRESS. F.ither party may channe its address and/or fax number by Written notice to the other party
4 e tla ','ern hto. ISF8
J.: "it 28, 21009
PLL 15 :)f 1 a
given in accordance with the requirements of this Article.
.ARTICLE 18.0 - TERMINATION
This Agreement may be terminated by the COUNTY at its convenience, or due to the fault of the PROVIDER, by giving
thirty (30) calendar days written notice to the PROVIDER
The PROVIDER may request that this Agreement be terminated by submitting a written notice to the COUNTY dated not
less than thirty (30) calendar days prior to the requested termination date and stating the reason(s) for such a request.
However, the COUNTY reserves the right to accept, or not accept the termination request submitted by the PROVIDER, and
no such termination request submitted by the PROVIDER shall become effective until PROVIDER is notified, in writing, by
the COUNTY of its acceptance. If the PROVIDER is adjudged bankrupt or insolvent; if it makes a general assignment for the
benefit of its creditors; if a trustee or receiver is appointed for the PROVIDER or for any of its property; or if it files a
petition to take advantage of any debtor's act or to reorganize under the bankruptcy or similar laws; or if it disregards the
authority of the COUNTY'S designated representatives; or if it otherwise violates any provisions of this Agreement; or for
any other just cause, the COUNTY may, without prejudice to any other right or remedy, and after giving the PROVIDER
written notice, terminate this Agreement.
ARTICLE 19.0 - MODIFICATIONS
Modifications to the terms and provisions of this Agreement shall only be valid when issued in writing as a properly executed
CHANGE ORDER(S). In the event of any conflicts between the requirements, provisions, and/ or terms of this Agreement
and any written CHANGE. ORDER(S), the CHANGE ORDER(S) shall take precedence.
ARTICLE 20.0 - ACCEPTANCE
Acceptance of this Agreement shall be indicated by the signature of the duly authorized representative of the parties in the
space provided.
ARTICLE 21.0 — CONFLICT OF INTEREST
As a condition of this AGREEMENT, PROVIDER shall provide a list of any businesses and/or organizations to whom the
firm has any affiliation or obligations within the past five (ti) years; whether paid or donated, which could be construed by the
COUNTY as a conflict of interest. PROVIDER must also include the following information:
1. Provide full disclosure of information on any work performed for private interests within the past (2) years,
which may be in conflict with the work to be performed for the COUNTY under this contract, especially work
that is not yet completed.
2. Declaration of commitment not to pursue any private sector work within the limits of the COU1vTY contract or
directly affected by the COIJNTY contract.
12
nrJ
,:A 11 9
PROVIDER represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would
conflict in any manner with the performance of services required hereunder. PROVIDER further represents that no persons
having any such interest shall be employed to perform those services.
By signing this AGREEMENT, a principal of the firm certifies that the firm will comply fully with the provisions of this
section.
ARTICLE 22.0 — SUBJECT TO APPROPRIATION
It is further understood and a"reed by and between the parties herein that this agreement is subject to appropriation by the
Board of County Comiricsioners.
ARTICLE 23.0 - COMPONENT PARTS OF THIS CONTRACT
This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim:
Insurance Certificate, Exhibits A and B.
13
item E'40. 16F:)
Jily' 7'8. 1009
?a ^e 17 Jf 19
IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first
written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk of Courts FOR COLLIER COUNTY, FLORIDA, A
POLITICAL SUBDIVISION OF THE STATE
BY: OF FLORIDA
DATE:
_(SEAL) BY:
Donna Fiala, Chairman
DATE:
Provider Name:
Closure Group, Inc.
First Witness Signature
Typed Title and Name
TType /print witness nameT
Second Witness
TType /print witness nameT
APPROVED AS TO FORM AND
LEGAL SUFFICI,E/NCY /:
Deputy County Attorney
sc-If te -r44 t L.
Printed Name
DATE:
r
14
EXHIBIT A
6 -3,
1�C�
BASIC SERVICES
GENERAL SCOPF. STATEMENT
The Provider shall provide and perform the following professional services which shall constitute the GENERAL
SCOPE of the SERVICES under the covenants, terms, and provisions of this SERVICE PROVIDER
AGREEMENT:
Provide for representation of Collier County government to ensure that the County's interests are best
represented in state lobbying services.
1.0 PROVIDER shall perform the following services, including but not limited to:
♦ Consult with Board prior to legislative session to determine agenda,
♦ Recommend lobbpDg efforts in upcoming legislative session to achieve agenda goals,
♦ Monitor and advise Board of legislation scheduled for upcoming legislative session which would affect the
County in either a positive or negative manner, and provide lobbying recommendations,
♦ Provide weekly updates during session on issues of importance to Collier County,
♦ Secure sponsorship of bills and/or amendments needed to further the Collier County Agenda,
♦ Work with legislative staff and members to advocate passage of said bills and/or amendments, work with
Governor's office during bill review process to advocate final passage of positive legislation or veto of
negative legislation,
♦ Monitor agency rule- making process and advise County on action needed to implement Iegislation in a
manner most favorable to the County.
2.0 The County will not be restricted to utilizing, on an exclusive basis, the services of Closure Group, Inc.
The County may, at times, need additional specialized lobbying services, which will be solicited on an independent
basis.
15
ii " "d I'n l ti,. 1 170
EXHIBIT B
COMPENSATION AND METHOD OF PAYMENT
Section 1 BASIC- SERVICES /TASK(S)
The COUNTY shall compensate the PROVIDER for providing and performing the Task(s) set forth and enumerated
in EXHIBIT "A," entitled "SCOPE OF SERVICES," as follows:
TASK TITLE COMPENSATION Not to Exceed
Lobbyist Services as outlined in $6,666.66 per month $80,000 per year
Exhibit A, Basic Services inclusive of expenses inclusive of expenses
Compensation shall be inclusive of all costs. Payment shall be full compensation for all services, labor, tools,
equipment, travel and any other items required for project completion and/or completion of services.
Compensation of $80,000 per year shall remain in effect for a period of one (1) year from the date of award by the
Board of County Commissioners. Subsequently, upon the written request of the PROVIDER at the time of renewal,
compensation may be adjusted based on the Consumer Price Index - South Region, Category "Other Goods and
Services" for the immediate twelve -month (12) period preceding the renewal date of the Agreement. In no case shall
any annual increase exceed the amount of five thousand dollars ($5,000).
Section 2 ADDITIONAL SERVICES
The COUNTY shall compensate the PROVIDER for such ADDITIONAL SERVICES as are requested and
authorized in writing for such amounts or on such a basis as may be mutually agreed to in writing by both parties
to this Agreement. The basis and/or amount of compensation to be paid to the PROVIDER for ADDITIONAL
SERVICES requested and authorized in writing by the COUNTY shall be as set forth in Article 3.8 of this
Agreement.
16