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Agenda 07/14/2020 Item #16A41 (HEX Services Agmt. - Andrew W.J. Dickman, A.I.C.P.)07/14/2020 EXECUTIVE SUMMARY Recommendation to approve an Agreement between Andrew W.J. Dickman, A.I.C.P. and Collier County to provide Hearing Examiner services. OBJECTIVE: To approve an agreement providing for Hearing Examiner ("HEX") services to facilitate the review of land use petitions in a timely, transparent, and efficient manner. CONSIDERATIONS: On December 10, 2019, the Board directed staff to amend the Hearing Examiner ordinance and solicit the position of Hearing Examiner to interested parties. While the previous Hearing Examiner position was structured as a full-time employee, the Board directed staff to solicit the position as an hourly, independent contractor reporting to the Board, modeled after the County's Special Magistrate position. On June 9, 2020, the Board selected Andrew Dickman of the Andrew Dickman, P.A. d/b/a Dickman Law Firm to provide the County HEX services. The HEX services include the following: I. Work tasks: 1. Attend a County orientation and training session provided by the Growth Management Department staff. 2. Review applications, staff reports, exhibits, and other documents related to matters scheduled for hearings. 3. Research applicable laws, ordinances, and codes related to matters scheduled for hearings. 4. Meet or consult with County staff on land use matters, as needed. 5. Conduct site visits related to matters scheduled for hearing, as needed. 6. Communicate with or conduct meetings with applicants and their representatives, and members of the public. 7. Conduct quasi-judicial hearings. 8. Prepare written final orders. 9. File decisions with the Clerk to the Board. 10. Respond to assignments directed by the Board of Collier County Commissioners. 11. Perform all other tasks required by the Hearing Examiner under Collier County Ordinance No. 2013-25, as amended. II. Administrative Services -The HEX shall respond to routine telephonic and email communications. HEX shall follow the Hearing Examiner's Ordinance set forth in Ordinance No. 2013-25, Division 3, Sections 2-83 through 2-91, as amended. The Scope of Services and Fee Rate Schedule in the Agreement and Administrative Services mentioned above are referenced in Exhibits "A" and "B" of the Agreement. Also attached as backup to the item is the initial correspondence dated May 15, 2020 from Mr. Dickman expressing interest in the position and proposed terms. FISCAL IMPACT: Total funding in the estimated amount of $341,800 is budgeted over the next two 07/ 14/2020 years of the term in the Growth Management Department Planning Services Fund (l 31). GROWTH MANAGEMENT IMPACT: There are no growth management impacts associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve the attached Agreement between Andrew W.J. Dickman, A.I.C.P. and Collier County to provide Hearing Examiner services, and to authorize the Chairman to sign the attached Agreement. Prepared by: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division Rose Burke, Manager - Financial and Operational Support, Operations & Regulatory Management Division ATTACHMENT(S) 1. Exhibit A Dickman Law Firm Attorney Agreement & Authority to Represent dated May 15, 2020 (PDF) 2. [Linked] Hearing Examiner Agreement 070820 (PDF) 07/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.41 Doc ID: 12660 Item Summary: Recommendation to approve an Agreement between Andrew W.J. Dickman, A.LC.P. and Collier County to provide Hearing Examiner services. Meeting Date: 07/14/2020 Prepared by: Title: Planner, Senior — Zoning Name: Jeremy Frantz 06/24/2020 6:55 PM Submitted by: Title: Manager - Planning — Zoning Name: Ray Bellows 06/24/2020 6:55 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Zoning Anita Jenkins Additional Reviewer Procurement Services Sandra Herrera Level 1 Purchasing Gatekeeper Growth Management Department Thaddeus Cohen Department Head Review Growth Management Department James C French Deputy Department Head Review Procurement Services Jeremy Frantz Additional Reviewer Growth Management Operations & Regulatory Management Kenneth Kovensky County Attorney's Office Scott Teach Additional Reviewer Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Budget and Management Office Mark Isackson Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Leo E. Ochs Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 06/25/2020 8:32 AM Completed 06/25/2020 8:46 AM Completed 06/25/2020 12:51 PM Completed 06/25/2020 3:14 PM Completed 06/30/2020 4:48 PM Skipped 07/07/2020 12:04 PM Additional Reviewer Completed Completed 07/08/2020 10:39 AM Completed 07/08/2020 10:41 AM Completed 07/08/2020 10:53 AM Completed 07/08/2020 1:16 PM Completed 07/08/2020 1:29 PM 07/14/2020 9:00 AM Exhibit A Dickman Law Firm Miami Naples T: (305) 758-3621 T: (239) 434-0840 F: (305) 758-0508 F: (239) 434-0940 May 15, 2020 Collier County Board of County Commissioners c o Jeffrey A. Klatzkow County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112-5749 RE: Attorney Retainer Agreement & Authority to Represent Dear Mr. Klatzkow: St. Petersburg T: (727) 527-7150 F: (727) 527-7180 Thank you for selecting the undersigned attorney, Andrew Dickman, to be Collier County's hearing examiner. We look forward to working with you, and we will endeavor to provide quality legal services in a responsive, efficient manner. Fundamental to any sound relationship is good communication, which we believe begins with each party having a clear understanding of the other party's expectations. With that in mind, we have set forth in writing the following terms and conditions upon which this firm will represent you. Scope of Services. At a minimum, perform all the duties expressed in Division 3, Sections 2-83 through 2-91 of the County's Code of Ordinances, as amended, and other assignments by the County Commission. Furthermore, communicate with County staff, County officials, applicants and their representatives, and members of the public; research applicable laws, ordinances, codes comprehensive plan goals, objectives and policies, County staff report(s), applications, exhibits, etcetera, as needed in preparation for conducting quasi-judicial hearings; conduct quasi-judicial hearings; prepare written final orders associated with each quasi-judicial hearing; meet with County staff and others to establish the necessary operating procedures for conducting the County's quasi-judicial hearings in accordance with applicable laws, ordinances, codes and policies. Legal Fees. You have agreed to a set monthly administrative fee of $1,000.00 annually for routine telephonic and email communications. We reserve the right to request an increase of this monthly administrative fee should routine communications become overly time consuming. The non - administrative legal services shall be billed on an hourly basis. Our hourly fees are based upon the time expended by our attorneys and legal staff on the engagement. Attorneys and legal staff are assigned hourly rates based upon their experience and level of expertise. Our fees will be based on the actual amount of time spent on this matter, which will be measured in tenths (0.1) of an hour. The public -sector hourly billing rates of this firm for the County are as follows: Andrew Dickman $225 per hour Hearing Examiner Senior Attorney $180 per hour Associate Attorney $150 per hour P.O. Box 771390 • Naples, FL 34107-1390 • www.dickmanlawfirm.org Collier County Board of County Commissioners May 15, 2020 Page 2 Paralegal Legal Asst. $100 $50 per hour Travel Time $50 per hour (not applicable to hearings and meetings at county administrative sites) We will submit a detailed invoice to you each month. Expenses will be separately stated on the invoice and our fees will be charged as indicated below. Our billing invoices are due and payable upon presentation and are overdue if not paid within fourteen (14) days of the date set forth on the invoices, and at the firm's discretion may be subject to a late fee of 14° o of late balance. Expenses. Expenses we incur on the engagement are charged to the Client's account. Expenses may include such items as lobbyist fees, court costs, filing fees, the use of our facsimile and photocopying machines, travel expenses, messenger service charges, overnight mail or delivery charges, extraordinary administrative support, fees of court reporters and charges for depositions, fees for expert witnesses, and other expenses we incur on your behalf. Our charges for these services reflect our actual out-of-pocket costs based on usage, and in some areas may also include our related administrative expenses. We may require you to pay expenses that exceed $200.00 directly to the vendor. Responsibilities. We will keep you informed of progress and developments and respond to your inquiries in a timely manner. To enable us to render these services effectively, you agree to cooperate fully with us, provide needed documentation and information needed to properly complete the scope of services referenced above, to disclose fully and completely all facts relevant to the matter or that may otherwise be requested, and to keep us apprised of any developments relating to the matter. Opinions. Either at the beginning or during this representation, we may express an unofficial opinion or belief concerning a matter or course of action, and the results that may be anticipated. Any such statement is intended to be an expression of opinion only, based on the attorney's experience in the subject matter and the information available to the attorney at the time, and should not be construed as a promise or guarantee of any particular result. All official written opinions and orders, however, shall be carefully researched and documented with the understanding the hearing examiner's written opinions and orders to be relied upon and are part of the legal proceedings described in the scope of services. Termination. As the Client, you have the right to terminate our representation at any time by notifying us of your intention to do so in writing, and by a majority vote of the County Commission if necessary. We will have the same right, subject to an obligation to give the Client reasonable notice to arrange alternative representation. If either party should elect to terminate our relationship, our fees and expenses incurred up to that point will still be due to us. Withdrawal. Under the rules of professional conduct by which we are governed, we may withdraw from our representation of the Client in the event of, for example: nonpayment of our fees and expenses; misrepresentation or failure to disclose material facts concerning the engagement; action taken by the Client contrary to our advice; and situations involving a conflict of interest with another client. If such a situation occurs, which we do not expect, we will promptly P.O. Box 771390 • Naples, FL 34107-1390 9 www.dickmanlawfirm.org Collier County Board of County Commissioners May 15, 2020 Page 3 give the Client written notice of our intention to withdraw and discuss possible solutions and alternatives. Authorization. By the Client's agreement to these terms of our representation, the Client authorizes us to take all action we deem advisable on the Client's behalf on this matter, in accordance with the scope of services described herein. We will discuss with the Client in advance of any significant actions we intend to take, if proper and appropriate and in accordance with the scope of services described herein. Understanding & Acceptance of Terms of Representation If the foregoing terms and conditions of legal representation are acceptable, please confirm your acceptance by executing this letter agreement in the space provided below and return it to our office. In the interim, you may fax or email the signature page to our office. This letter agreement will not become effective, and this firm will have no obligation to provide legal services, until this letter agreement is fully executed and received by our office. Again, thank you for asking this Firm to exercise the role of County Hearing Examiner. Should you have any questions or concerns regarding the terms and conditions contained in this letter agreement, please do not hesitate to contact me. Sincerely, ANDREW W. J. DICKMAN, ESQ., AICP Acceptance of the Terms and Conditions of the Letter Agreement: 1, , hereby certify that I have read, do understand, and agree to the terms and conditions set forth in this letter agreement. Signature: Date: Name: Title: P.O. Box 771390 9 Naples, FL 34107-1390 • www.dickmanlawfirm.org ANDREW W. J. DICKMAN Dickman Law Firm 809 Walkerbilt Rd., Ste. 7 Naples, FL 34110 EDUCATION: Juris Doctor (1999) Nova Southeastern University Shepard Broad Law Center Fort Lauderdale, Florida Master of Arts in Urban and Regional Planning (1992) University of Florida, College of Architecture Gainesville, Florida Bachelor of Science in Psychology (1987) University of Florida, College of Liberal Arts and Science Gainesville, Florida AFFILIATIONS & LICENSES: American Institute of Certified Planners (AICP), Lic. #011349 American Planning Association (APA) The Florida Bar, Lic. #0238820 United States District Court, Southern and Middle Districts of Florida 1000 Friends of Florida, Board member Florida Shore & Beach Preservation Association M-CORES Task Force - Southwest -Central Florida Connector PROFESSIONAL EXPERIENCE: City Attorney, St. Pete Beach Florida (2014-Present). Tel: (305) 335-1303 andrew@dickmanlawfirm.org www.dickmanlawfirm.ora As city attorney, I have the powers, duties and responsibilities to 1) be attorney of record in all civil suits, actions and legal proceedings wherein the city, city commission, city manager, departments, boards or city officials or employees are parties by virtue of their official positions or official actions; 2) institute and prosecute all eminent domain proceedings and other civil suits, actions and legal proceedings authorized by the city; 3) defend all civil suits, actions and legal proceedings brought against the city; 4) serve as legal advisor to the city commission, the city manager, and through the office of the city manager, advise personnel as designated by the city manager and city boards who are not authorized to retain separate counsel; 5) render written legal opinions requested by the city commission or city manager on matters relating to city government and the interpretation, construction and meaning of the Charter, statutes, ordinances, resolutions and contracts affecting or pertaining to city government; 6) prepare or review and approve as to form and legal sufficiency all city ordinances, resolutions, deeds, contract documents and other legal instruments affecting or pertaining to the city; 7) attend and be present at all regular and special meetings of the city commission unless excused from attending by the mayor; 8) assist in the engagement and supervision of special counsel retained by the city commission for specific legal services; 9) coordinate with individual city commissioners, city manager, city clerk and city department heads as needed; and 10) perform such other duties, powers and responsibilities as assigned by the city commission; Attorney. Dickman Law Firm Naples Florida (2002-Present). This is a law firm I founded in 2002, when our primary representation consisted of the statewide redistricting process, mapping voter data, interacting with numerous state and federal elected officials, and representing public interest groups. Since then we have expanded to a family owned and operated firm of three full-time attorneys and legal staff, among other practice areas, representing various non -governmental Andrew W. J. Dickman Page 2 organizations, vendors, contractors, marine industries, public and private schools, builders and developers with complex real estate transactions, drafting and negotiating contracts, re -zoning and comprehensive plan applications, permitting development projects, public hearings, code enforcement actions, establishing and preservation of historic sites and districts, environmental regulations, sunshine laws, public records laws, campus master planning, settlement negotiations, competitive procurement process, and various other federal, state and local regulatory requirements and processes. We coordinate directly with local official and senior staff in numerous municipalities on legislative and quasi-judicial matters. We have a comprehensive understanding of Florida sunshine laws and have experience with the Florida Commission on Ethics. I have handled hundreds of local government quasi-judicial public hearings. I have advocated for clients with the Army Corps of Engineers and the Florida Department of Environmental Protection. I have tried cases in Circuit Court and in the DOAH, including NEPA violations. I have an extensive appellate practice at the local government and agency level, Circuit Court appellate division, District Courts of appeal, and the Florida Supreme Court. My reported cases include Auerbach v. City of Miami, 929 So.2d 693, 31 Fla. L. Weekly D1432 (May 24, 2006)", Payne v. City of Miami, 913 So.2d 1260, 30 Fla. L. Weekly D2600 (November 16, 2005), and Payne v. City of Miami, 927 So.2d 904, 30 Fla. L. Weekly D2601(November 16, 2005). Adiunct Professor, Ave Maria School of Law Naples Florida (2009-Present). When the Ave Maria School of Law relocated from Michigan to Naples in 2009, 1 was recruited to teach two courses (environmental law and land use law) to second and third year law students. Topics I teach include NEPA, the Clean Water Act, the Clean Air Act, the Endangered Species Act, local zoning and land use laws, and growth management. My responsibilities include designing the curriculum, selecting appropriate law texts, preparing syllabi, preparing and conducting individual class lectures, preparing and administering mid- term tests and end of semester examinations or research papers, and assigning individual student grades. I meet with students one-on-one as requested, mentor students who seek career guidance, and I participate with other faculty and law school administrators. I have advised the Environmental Law Society regarding mission, memberships, and participation at local and statewide events. I am required to stay current with environmental and land use subject matters. I have represented the law school at forums, authored opinion statements for publication, and interviewed by news reporters on behalf of the law school on subjects related to environmental and land use policy and law. Also during the period of 2000-2013: 1. I served as an elected official for the Village of El Portal in Miami -Dade County, in the capacity of Councilman and Vice -Mayor. I was a member of the Florida League of Cities and interacted with other local officials and members of the Miami -Dade delegation of state elected officials. I oversaw the Village's building, zoning and planning activities; I interacted with residents and commercial owners within the Village; I coordinated Village Attorney and Village Clerk activities; and I negotiated contracts with the Village's police union, solicited state and federal grants, participated in competitive procurement processes, bid protests, managed the amendment campaign of the Village Charter from a strong Council government to a Village Manager -Council government, and served on the committee to hire the Village Manager. 2. 1 served as lead counsel and policy director for the Conservancy of Southwest Florida, advocating positions of the Conservancy with local and state officials, litigating on behalf of the Conservancy, managing both internal policy staff and external attorneys working for the Conservancy, and assisting with grants, acquisitions and donor development. 3. 1 served the Board of County Commission for Collier County on its Environmental Advisory Council, as Chair and Vice -Chair, advising the Commission on legislative, policy, and land development matters pursuant to local codes and regulations, federal statutes such as Andrew W. J. Dickman Page 3 NEPA, and conservation policies for compliance with the Endangered Species Act. I conducted public hearings and interacted with senior county environmental and planning staff. Associate Attorney, Bilzin Sumbeng Baena Price & Axelrod LLP Land Use Department, Miami Florida (2000-2002). At Bilzin Sumberg, I worked with some of the top real estate, land use, zoning and environmental attorneys in the state. The firm is almost exclusively real estate development and local government contract oriented; therefore, lobbying and governmental relations were central to that practice area. My responsibilities as an associate attorney were to assist the senior partners in the firm's land use department acquire entitlements (comprehensive plan amendments, rezoning, variances, special or conditional permits, developments of regional impact approvals, etcetera) for land owners, developers and builders, including many private businesses seeking local government contracts. I was exposed to complex real estate transactions, construction contracts, and bid protests. I worked directly with local government planners, attorneys and elected officials, and participated in quasi-judicial public hearings. I also helped negotiate mitigation strategies and settlements with adversely impacted neighborhoods, civic groups, and individuals who were in opposition to our client's proposed project. I resigned from the firm in order to start my own firm. Planning Director, Community Services Planning Center State of Florida: Department of Children and Families. Miami. Florida (1993-2000). Six months after Hurricane Andrew devastated southern Miami -Dade County, I was recruited to join a multi -disciplinary recovery team that included the County Health Department (environmental health specialists and nursing professionals) and the Centers for Disease Control. Our goal was to divide the impacted area into zones and then target neighborhoods with greatest needs and risk assessment within each zone for health and social services. My expertise as a planner and geographic information systems (GIS) specialists, allowed me to "mine" and map existing socio-economic databases, census data, and data collected by teams in the field. These tools were used to strategically coordinate the activities of multiple agencies and to track progress from 1993 to 1996. It was a great opportunity to support high level epidemiologists, recovery teams, and community organizers. Following the conclusion of this state/federal program, I was promoted to senior executive in the District Administrator's office of the Florida Department of Children and Families (DCF) for Miami -Dade and Monroe Counties (now the "southem region"). My initial assignment was to leverage the tools and information assembled with federal resources during the prior three years and build a social services planning department to support the District Administrator and senior staff overseeing public health, foster care, child and elder care, developmentally disabled, and other anti -poverty programs. Within a year we expanded the program into a stand-alone "Community Services Planning Center" in order to consolidate the strategic planning of partner agencies and non-profit agencies receiving DCF funding. By 2000, 1 expanded the program to supervising five analysts and planners, administrative staff, managing a $600,000 annual budget, contracting with vendors, and collaborating with multiple South Florida counties and municipalities, the DCF secretary's office in Tallahassee, and the Urban Institute in Washington, D.C. I resigned upon graduation from law school. Planning Technician, St. Johns River Water Management District Geographic Information Systems (GIS) Unit. Palatka. Florida (1992-1993) Upon successfully defending my thesis and receiving my Masters Degree, I joined the GIS unit at the St. Johns River Water Management District, recognized as one of the most progressive teams using emerging GIS technology to model and map ground water, surface water, and wetlands to support water resource permitting, land management, and other District responsibilities. My principle activities were to collaborate with District specialists analyzing and mapping population growth and identifying jurisdictional wetlands. I attended both technical and Andrew W. J. Dickman Page 4 environmental policy briefings, and drafted reports for District senior staff. I resigned when I accepted the Hurricane Andrew relief position in Miami. Planning Technician, North Central Florida Regional Planning Council Local Government Assistance Section, Gainesville Florida (1990-1992). In 1990, 1 was awarded a fellowship from the United States Housing and Urban Development agency (HUD) which supported my graduate studies and employed me at the North Central Florida Regional Planning Council (RPC) in Gainesville, Florida. The state of Florida had recently adopted its "Growth Management Act" (now the "Community Planning Act") requiring all counties and municipalities to prepare and implement comprehensive plans. The RPC was assisting 11 mostly rural counties and 33 small municipalities with their comprehensive planning mandate. I worked with RPC planners collecting and mapping data on existing land uses within the region, and then using population projections to help each jurisdiction to prepare future land use maps. Many of these communities had no or minimal zoning regulations. I collaborated with RPC and local government officials to write new land development codes designed to implement the goals, objectives and policies in their respective comprehensive plans. I resigned when I accepted the Water Management District position. PUBLICATIONS & PRESENTATIONS: Florida's Sunshine Law and Public Records, City of St. Pete Beach, Florida (annual presentation to city commission and all appointed boards), (2014-present). Ave Maria School of Law Environmental Law Panel. Moderator, October 24, 2013. A Distinguished Dialogue on the Environment: Growth Conservation and South Florida's Future, Former Governors Graham MacKay and Crist. Professor -Participant, February 19, 2013. Florida Constitutional Amendments Forum, Panelist, Oct 16, 2012. Florida Constitutional Amendments Forum, Panelist, Oct 12, 2010. Florida must remember BP to rally opposition (Must not take oil from eastern Gulf), The News - Press, September 4, 2010. Consistency Challenges: Comprehensive Plan Amendments, CLE International, Litigating Land Use, December 2008. Fighting the Good Fight to Preserve State's Working Waterfront, Guest Commentary, Naples Daily News, August 9, 2008. Eastward Ho! or Westward Whoa?: Why Southeast Florida Needs Both, Law School Research/Writing Requirement, Prof. Grosso, Feb. 2000. Florida's State Comprehensive Plan: All Dressed Uo With No Place To Go, Florida BAR, Title Insurance Fund Writing Competition, 15' Place, 1999. GIS Supports Social Services Planning in South Florida Seventeenth Annual ESRI Users Conference, proceedings, 1997. Metropolitan Regions Challenge Florida's Growth Management Act, Feature Article, Florida Planning magazine, December 1996. Manufactured Housing Discrimination: Plan Language and Intent, Masters Thesis, Florida Manufactured Housing Association, 1991. Agreement for Collier County Hearine Examiner Services THIS AGREEMENT, made and entered into on this 14th day of July 20209 by and between Andrew W. I Dickman, A.I.C.P., Esquire, a licensed Florida Bar attorney employed by Andrew Dickman, P.A., d/b/a Dickman Law Firm, and authorized to do business in the State of Florida, whose business address is 809 Walkerbilt Road, Suite 7, Naples, FL, 34110 (the "Hearing Examiner" or "HEX") and Collier County, a political subdivision of the State of Florida, (the "County") (HEX and County together shall be referred to as the Parties): WITNESSETH: 1. COMMENCEMENT. The Agreement shall be for atwo-year period, commencing on July 14, 2020 and terminating July 13, 2022 or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the HEX, renew the Agreement under all terms and conditions contained in this Agreement for one additional two-year period. The County shall give the HEX written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The HEX shall provide Hearing Examiner services in accordance with the following terms and conditions, together with the Collier County Hearing Examiner's Ordinance set forth in the Code of Laws and Ordinances of Collier County, Florida at Ordinance No. 2013-25, Division 3, Sections 2-83 through 2-91, as amended, the County's Hearing Examiner's Procedures, as amended, the Scope of Work attached as Exhibit "A," the Hearing Examiner's Rate Schedule attached as Exhibit `B," and the Certificate attached as Exhibit "C," all of which are made an integral part of this Agreement. This Agreement contains the entire understanding between the Parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties by their authorized representatives. 3. COMPENSATION. The County shall pay the HEX a flat rate of $1000.00 per month for routine communications (via email and telephonically) with the County and at the agreed upon hourly rate for performance under this Agreement consistent with the Hearing Examiner's Rate Schedule attached hereto as Exhibit `B." Payments will be made to the HEX for services provided upon receipt of a proper invoice(s) and in compliance with Chapter 218 Part VII, Fla. Stats., as amended, otherwise known as the "Local Government Prompt Payment Act." The Local Government Prompt Payment Act shall govern the periods for timely payment as provided in Fla. Stats. §§ 218.73 and 218.74 and the lawful interest rate that can be assessed against the County for failing to remit timely payment of proper invoices submitted for payment by the HEX shall be as set forth in Fla. Stats. § 218.74. 3.1 Payments will be made for services famished, delivered, and accepted, upon receipt of proper invoices submitted for the date of services) provided invoices are not submitted more than six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "Inches" as untimely submitted. Time shall Page 1 of 13 be deemed of the essence with respect to the timely submission of invoices under this Agreement. 3.2 The payment method to the HEX will be by ACH with the payment instructions to be provided to County by HEX. 3.3 The HEX shall submit monthly invoices electronically to bccapelerk@eollierclerk.com with a copy to County staff at GMDFinancialgcolliercountyfl.gov. 3A The invoice(s) submitted by the HEX shall include: 3.4.1 Invoice number, purchase order number, period, staff name, position, hours worked, date of service, and applicable petition number. 3.4.2 Out of pocket expenses must include receipts, who incurred, and the applicable petition number. 3.4.3 For approved travel, provide a detailed log by FIEX staff, position, date(s) of travel, the beginning and end time, the beginning and ending miles, the address of the points of travel, and the applicable petition number. Travel expenses reasonably and necessarily incurred, to the extent such travel is approved by the County shall be in accordance with section 112.061, Florida Statutes. Additional instructions are provided in attached Exhibits "B" and "C." 4. SALES TAX. HEX 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 HEX shall be deemed duly served if mailed or delivered to the HEX at the following Address: The Dickman Law Firm 809 Walkerbilt Rd., Suite 7 Naples, Florida 34110 Attn: Andrew W. J. Dickman, Esq. All Notices from the HEX to the County shall be deemed duly served if mailed or delivered to the County to: Collier County Board of County Commissioners, Florida c/o Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Attn: Operations & Regulatory Management Division Financial and Operational Support The HEX 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 HEX or to constitute the HEX as an agent of the County. PERMITS/LICENSES• TAXES; COMPLIANCE WITH LAWS. All permits/licenses necessary for the prosecution of the Work shall be obtained by the HEX. The HEX shall also be solely responsible for payment of any and all taxes levied on the HEX. In addition, the HEX shall Page 2 of 13 Cl2 comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The HEX agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the HEX. 8. NO IMPROPER USE, The HEX 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 HEX or if the County or its authorized representative shall deem any conduct on the part of the HEX to be objectionable or improper, the County shall have the right to suspend the Agreement of the HEX. Should the HEX 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, or practice, such suspension to continue until the violation is cured. The HEX 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 HEX 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 for cause; further either party may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. If the HEX elects to terminate the Agreement for convenience, the HEX will work cooperatively with the County so that a replacement Hearing Examiner can be seated without negatively interrupting the orderly operation of County business. In the event that the County terminates this Agreement, HEX's recovery against the County shad be limited to that portion of the Agreement Amount earned through the date of termination and any valid subsequent work seating a replacement HEX. The HEX shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DYSCRIMINATION. The HEX agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The HEX shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,OOQ,000 Per Occurrence, $1,OOQ 000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent HEXs; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: The HEX shall use his personal car, will not have any County personnel or County representative as a passenger in his car. Nor will HEX use any County vehicle or be a passenger in a County vehicle. HEX shall maintain sufficient automobile insurance acceptable to him and it is understood that the HEX will be traveling to and from the County facility for public hearings and meetings from time to time as necessary only. If desired by the County, HEX will provide County a waiver of any and all liability related to driving his personal automobile to and from the County facility in conjunction with the responsibilities of the HEX contained herein. Page 3 of 13 Ctf9 C. WorkersCompensation: 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 $100,000 for each accident. D. Professional Liability: The HEX shall maintain professional liability insurance coverage to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. The HEX shall at a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, professional liability insurance in an amount not less than Five Hundred Thousand ($500,000.00) Per Occurrence, Combined Single Limits. If any liability insurance obtained by the HEX to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non -renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County Special Requirements: Collier County Board of CounTy Commissioners, or, Board of County Commissioners in Collier County, or, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the HEX's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by HEX during the duration of this Agreement. The HEX shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. HEX shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by HEX from its insurer, and nothing contained herein shall relieve HEX of this requirement to provide notice. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the HEX shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by HEX, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the HEX or anyone employed or utilized by the HEX 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 Collier County. Page 4 of 13 f"�tC1. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the HEX, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to HEX. HEX's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Department, 14. CONFLICT OF INTEREST. The County acknowledges that the HEX is an attorney licensed and governed by The Florida Bar and rules of professional conduct established by the Supreme Court of Florida, and is employed by the Dickman Law Firm, located in Collier County, which currently represents clients in the geographic boundaries of Collier County on a variety of legal matters unrelated to the County and shall represent future clients in the geographic boundaries of Collier County as part of it normal legal practice. The County acknowledges that Andrew W. J. Dickman, Esquire is currently serving in the capacity of City Attorney for the City of St. Pete Beach, Florida. The County acknowledges that the Dickman Law Firm currently has two clients in Collier County, one involving a rezoning/Developer Agreement and the other involving an existing License Agreement with the County, which will require Andrew W. J. Dickman, Esquire and the Dickman Law Firm to interact with County employees and officials, but in no circumstances will these matters involve work or activities required of the HEX under this Agreement or interfere with work or activities required of the HEX under this Agreement. Having disclosed the above legal representations and activities of the Andrew W. J. Dickman, Esquire and the Dickman Law Firm, the County agrees these disclosures are not a conflict of interest, or waives any and all actual or perceived conflicts related to the above disclosure. The Parties agree this does not waive the County's termination rights described in this Agreement. Other than the above disclosures, the HEX 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. HEX further represents that no persons having any such interest shall be employed to perform those services. In the event that a conflict of interest arises, the HEX will immediately bring it to the County's attention. 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts (the "Agreement Documents'), all of which are as fully a part of the Agreement as if herein set out verbatim: Exhibit "A," Scope of Work, Exhibit "B," Hearing Examiner Rate Schedule, and Exhibit "C," Certification of fees/expenses incurred. 16. SUBJECT 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 Statutes, Collier County Ethics Ordinance No. 2004-05, and County Manager Administrative Procedure No. 5311, all as amended. 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 Page 5 of 13 Che} 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. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the HEX is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, State and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment, safety and the Florida Public Records Law, Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 2524383 The HEX must specifically comply with the Florida Public Records Law to: 1, Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the HEX does not transfer the records to the public agency. 4. Upon completion of the Agreement, transfer, at no cost, to the public agency all public records in possession of the HEX or keep and maintain public records required by the public agency to perform the service. If the HEX transfers all public records to the public agency upon completion of the Agreement, the HEX shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the HEX keeps and maintains public records upon completion of the Agreement, the HEX shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If the HEX observes that the Agreement Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the HEX to comply with the laws referenced herein shall Page 6 of 13 constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the HEX 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 HEX 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. 20. AGREEMENT TERMS. Ifany portion ofthis 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 SERVICES. Additional services not currently provided in this Agreement may be added to the HEX's responsibilities under this Agreement upon the mutual agreement of the Parties. 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 the HEX with full decision -making authority and by the County's staff person who would make the presentation of any settlement reached during negotiations to the 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 HEX 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. 23. 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. 24. KEY PERSONNEL/AGREEMENT STAFFING. The HEX is required to provide the primary Scope of Work services required under the Agreement. The HEX's personnel and management to be utilized for support services to aid the HEX in the performance of its duties shall be knowledgeable in their areas of expertise. 25. ASSIGNMENT. This Agreement is personal to HEX, and may not be assigned. 26. SECURITY. The HEX is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the HEX shall be responsible for all associated costs. The Parties agree that this Agreement is personal to the HEX and the HEX may use his support staff at the Dickman Law Firm for background work only, who will not be located or involved with HEX work at any County facilities and in a manner applicable to County Ordinance 2004-52. The HEX shall not use any computer or other equipment of the County, nor shall Dickman Law Firm use County equipment. The HEX shall wear a Collier County Government Identification badge at all times while performing services on County facilities and properties. The HEX ID badge shall be Page 7 of 13 ��6 valid for a two-year period, commencing on July 14, 2020 and tertninating July 13, 2022, and can be renewed for each year of the renewal term, if exercised by the Parties, at no cost to the HEX. (Intentionally left blank -signature page to follow) Page 8 of 13 �� j IN WITNESS WHEREOF, the Hearing Examiner 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. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller By: Dated: (SEAL) HEX's Witnesses: HEX's First Witness TType/print witness nameT wgzzz X's Second Witness TType/print witness nameT Approved as to Form and Legality: Scott R. Teach Deputy County Attorney Page 9 of 13 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders , Chairman t Buhl By: PAndrew W. J. Diclnnan, Esq., AICP President, Andrew Dickman, P.A. d/b/a Dickman Law Firm, EXHIBIT A Scone of Work County HEX Required Responsibilities: County will provide support functions to facilitate the HEX'a performance of the Work under this Agreement including but not limited to: (1) preparation and distribution of agendas and meeting notices, (2) providing and scheduling court reporters, (3) providing and scheduling meetings, meeting spaces and other logistics, and (4) distributing filed versions of decisions. HEX Required Responsibilities: I. Work Tasks 1. Attend a County orientation and training session provided by the Growth Management Department staff. 2. Review applications, staff reports, exhibits, and other documents related to matters scheduled for hearings. 3, Research applicable laws, ordinances, and codes related to matters scheduled for hearings. 4. Meet or consult with County staff on land use matters, as needed. 5. Conduct site visits related to matters scheduled for hearing, as needed. 6. Communicate with or conduct meetings with applicants and their representatives, and members of the public. 7. Conduct quasi-judicial hearings. 8. Prepare written final orders. 9. File decisions with the Clerk to the Board. 10. Respond to assignments directed by the Board of Collier County Commissioners. 11. Perform all other tasks required by the Hearing Examiner under Collier County Ordinance No. 2013-25, as amended. II. Administrative Services The HEX shall respond to routine telephonic and email communications in the performance of services under the Agreement, which tasks are considered as Administrative Services that shall be invoiced at the monthly administrative fee stated in Exhibit `B." Page ] 0 of 13 EXHIBIT B HEX FEE RATE SCHEDULE The County shall pay the HEX for the performance of this Agreement at the following rates: Andrew Dickman (Hearing Examiner) $225/hour Paralegal $100/hour Legal Assistant $50/hour Trauel Time $50/hour (Not applicable to hearings and meetings at County administrative sites) Administrative Services $1,000/month (Routine telephonic and email communications) In addition to the charges for fees set forth above, County shall reimburse the HEX for out- of-pocket expenses reasonably incurred in the course of rendering its services, printing, costs of reproduction, overnight mail or delivery charges, and necessary and approved travel expenses incurred in accordance with the requirements of Chapter 112, F.S. The HEX shall not charge for travel to hearings and meetings at Collier County administrative sites. Notwithstanding the foregoing, the HEX will coordinate with the County to make every effort to provide for the direct payment for such reasonably incurred expenses by seeking pre - approval in a fashion that permits the County to make direct payment to the particular vendor/provider of goods or services, if appropriate. 2. The HEX shall submit invoices on a monthly basis for the payment of any out-of-pocket expenses. Each invoice shall include a signed a certificate (see attached Exhibit "C") listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. 3. The following represents the County's payment requirements: ➢ Your federal employee identification number must be on all invoices submitted. ➢ The applicable Purchase Order number must be on all invoices submitted. ➢ No service, interest, or other charge of like nature is to be imposed with regard to any item, invoice, or request. All firms doing business with Collier County must have a current W-9 "Request for Taxpayer Identification Number and Certification" on file. ➢ Services rendered must be specifically and concisely identified-. Page 11 of 13 ➢ Names of persons performing services, hourly rates, and dates must be listed. ➢ Reimbursable expense must be verified by attached receipts or copies thereof. ➢ Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S., and is subject to the travel restrictions provided in the Agreement. ➢ Legal Research costs (Lexis-Nexis, Westlaw, etc.) shall not be reimbursed. ➢ Accounting Division requires original receipts, or copies of receipts which have been individually certified to be true copies of the originals. In addition, the Certificate contained in Exhibit C must accompany each invoice. The certifying person must sign the Certification form and include a description of the items that are certified. ➢ Faxes shall not be reimbursed. Page 12 of ]3 EXHIBIT C CERTIFICATE IT IS HEREBY CERTIFIED that: 1. has been duly designated as the Collier County Hearing Examiner to provide services for and on behalf of Collier County; 2. Each of the documents hereinafter identified and attached is a true and correct copy of the original record; 3. Expenditure(s) enumerated represent costs necessarily incurred during the course of official business for which payment has not been received and for which documentation is not available or reasonably retrievable; 4. Claims are in compliance with the applicable statutes and administrative orders, and with the express provision that all other parties are barred from entitlement to any part of these costs. RE: Invoice No. Dated Period Covered: ,Amount IN-HOUSE CHARGES: Photocopies: Mileage: OTHER (Copies of invoices required): Other: TOTAL: copies @ $0.15/each miles @ _/mile ���� atret�a�► Signed: _ Print Name: Title: Date: Page 13 of 13