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Backup Documents 09/22/2015 Item #11I (Maxwell, Hendry & Simmons) ORIGINAL DOCUMENTS CHECKLIST & ROUTING S _. ' ag TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN I 4 ©II ITP THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURL SEP 23 2.015 COUNTY ATTORNEY PINK ROUTING SEIPIelt Risk management Routed by Procurement Services to the Following Addressee(s) (In routing order) Office Initials Date 1. Risk Management Risk i23(t� 2. CountyAttorneyOffice County Attorney Office licRzilLS 3. BCC Office Board of County Commissioners v /sY R\ZAVS 4. Minutes and Records Clerk of Court's Office 9(24(5 4:Nfirt 5. Return to Procurement Services Procurement Services Division Contact: Diana De Leon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Evelyn Colon Phone Number 252-8375 Procurement Staff September 22,2015 Contact and Date / Agenda Date Item was September 22,2015✓ Agenda Item Number 11.I✓ Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 15-6423 Maxwell, number if document is Number/Company Hendry&Simmons to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD tAtduring the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the �o BCC,all changes directed by the BCC have been made,and the document is ready for Chairman's signature. MEMORANDUM Date: September 25, 2015 To: Diana De Leon, Contracts Technician Purchasing & General Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #15-6423 "Real Estate Appraisal Services" Contractor: Maxwell, Hendry & Simmons Attached is an scanned copy of the original of the contract referenced above, (Item #11I) approved by the Board of County Commissioners on Tuesday, September 22, 2015. An original amendment has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment AGREEMENT 15-6423 for Real Estate Appraisal Services�� 2`` THIS AGREEMENT, made and entered into on this . '4Iay of 34 2015, by and between Maxwell, Hendry & Simmons, LLC, authorized to do business in the State of Florida, whose business address is 12600 World Plaza Lane, Suite 63, Fort Myers, FL 33907, (the "Consultant") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. CONTRACT TERM. The Agreement shall be for a one (1) year period, commencing on Date of Board award and terminating one (1) year from that date, or until such time as all outstanding Purchase Orders 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 Consultant, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Consultant written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to 180 days. The County Manager, or his designee, shall give the Consultant written notice of the County's intention to extend the Agreement term not less than thirty (30) days prior to the end of the Agreement term then in effect. 2. COMMENCEMENT. In accordance with this Agreement and with RFP 15-6423 "Real Estate Appraisal Services," the Consultant shall commence services, hereinafter "Work," upon approval by the County Project Manager, or Designee, and the issuance of a Purchase Order. 3. STATEMENT OF WORK. The Board of County Commissioners deemed ten (10) firms to be pre-qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to provide complete services for real estate appraisal services on an as-needed basis as may be required by the County. Page I 1 #15-6423-Real Estate Appraisal Services Consultant-Maxwell,Hendry&Simmons,LLC 3.1 The Consultant shall provide real estate appraisal services in accordance with Exhibit "A" Scope of Services as attached, the terms and conditions of Request Y for Proposal (RFP) #15-6423 and the Consultant's proposal, which is referred to herein and 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, in compliance with the County Procurement Ordinance and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Consultant that any Work will be awarded to the Consultant. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraph and all Work undertaken by Consultant for the County pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. 3.2.1 Prior to the issuance of a Purchase Order, the County Project Manager, or Designee, shall solicit competitive quotes from a minimum of three (3) Consultants currently under contract and provide a summary of Work to be performed. The County reserves the right to select a Consultant for a project that might have had prior experience with that parcel and for reasons that are in the best interest of the County. The Consultants' will respond with the information sought within seven (7) working days; the County will negotiate favorable terms and conditions, and issue a numbered Purchase Order to initiate the Work. In each Request for Quotation, the County reserves the right to specify: the period of completion; deduction of non-performance and in the event of late completion; and time and materials or lump sum. 4. COMPENSATION. The County shall pay the Consultant for the performance of this Work pursuant to the prices offered by the Consultant in response to RFP# 15-6423 per Exhibit B, attached herein and incorporated by reference or subsequent quotes. 4.1 The Consultant shall be paid upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager, or Designee, together with the Travel and Reimbursement Expenses as defined in this Agreement. Payments shall be made to the Consultant when requested as services are rendered, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Page 1 2 #15-6423-Real Estate Appraisal Services Consultant-Maxwell,Hendry&Simmons,LLC 4.1.1 The time reported by the Consultant to perform specific Work related to .: litigation is subject to final approval by the County Attorney/Assistant County Attorney, or by an attorney employed by and representing the County. Consultant's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. 4.1.2 Travel and Reimbursable Expenses must be approved in advance in writing by the County Project Manager, or Designee. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties are expressly excluded. Reimbursements shall be at the following rates: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Actual cost of either taxi or airport Limousine limousine 4.1.2.1 Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 4.1.2.2 Expenses of transportation and living when traveling in connection with each Purchase Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Agreement-related mileage for trips that are from/to destinations outside of Collier or Lee Counties as approved in advance by the County Project Manager, or Designee. 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of Agreement. Any untimely submission of invoices Page 13 #15-6423-Real Estate Appraisal Services Consultant-Maxwell,Hendry&Simmons,LLC (L'.5 beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. COMPLETION/CORRECTION. All appraisal reports provided to the County are required to comply with the current Uniform Standards of Professional. Appraisal Practice (USPAP) and the Collier County Supplemental Appraisal Standards attached as Exhibit A in RFP 15-6423. Any non-appraisal activities shall be compliant with respect to the consulting standards in USPAP and consistent with the specified summary of Work for the assignment. If a substantially completed written appraisal report (original) is delivered to the County by the due date, or by a date mutually agreed upon, but which report fails to comply with the Uniform Standards of Professional Appraisal Practice (USPAP), or which report contains errors or omissions from within either the body or the addenda, Consultant shall, within fourteen (14) calendar days from the date of notification by the County Project Manager, furnish such corrected and/or additional pages which will bring the appraisal report into compliance with the USPAP and/or correct such errors and omissions (if any). No penalty for late performance will be charged against the Consultant within said fourteen (14) day period. Nor shall Consultant charge the County any additional fees from bringing written appraisal reports into compliance with the USPAP, for correcting any errors, or for providing previously omitted materials. 6. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the essence. The County reserves the right to deduct portions of the (monthly) invoiced amount for items not completed within the expressed time frame. These funds would be forfeited by the Consultant and that the following schedule shall govern the deduction for late performance: 6.1 In the event that the services are not completed and submitted to County in accordance with the due date as set forth in a County Purchase Order; then County at its discretion may reduce the fee payable to Consultant by seven percent (7%) for each week, or portion thereof,for every week the services are past due; or 6.2 In the event that circumstances beyond the control of Consultant cause completion of the services to be delayed beyond the due date as set forth in a County Purchase Order, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Consultant, the County Manager or designee may issue an written extension of the due date without penalty deduction. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. Deductions as described above shall apply to the revised due date. 7. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State Page 14 #15-6423-Real Estate Appraisal Services Consultant-Maxwell,Hendry&Simmons,LLC 11I of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption#85-8015966531C-2. 8. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Maxwell, Hendry & Simmons,LLC 12600 World Plaza Lane, Suite 63 Fort Myers, FL 33907 Attention: Gerald A. Hendry, MAI, CCIM Telephone: 239-337-0555 Fax: 239-337-3747 Email: geraldh@mhsappraisal.com All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention:Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 9. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. The County will not be obligated to pay for any permits obtained by SubConsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant Page 15 #15-6423-Real Estate Appraisal Services Consultant-Maxwell,Hendry&Simmons,LLC C Ill agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 11. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 12. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Consultant 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. 13, NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 14. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Page 6 #15-6423-Real Estate Appraisal Services Consultant-Maxwell,Hendry&Simmons,LLC 111 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant 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 Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Consultant shall ensure that all sub-Consultants comply with the same insurance requirements that the Consultant is required to meet. 15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant, 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 Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 15.1 The duty to defend under this Article 15 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, 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 Consultant. Consultant's obligation to indemnify and defend under this Page 17 #15-6423-Real Estate Appraisal Services Consultant-Maxwell,Hendry Sr Simmons,LLC Ii ' Article 15 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. 16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Department. 17. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit "A" Scope of Services, Exhibit "B" Rate Schedule, Consultant's Proposal, Insurance Certificate(s), RFP # 15-6423, "Real Estate Appraisal Services" including any Addenda and exhibits, and subsequent Quotations/Purchase Orders. 19. 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. 20. 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, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 21. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Consultant 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 and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Page 18 #15-6423-Real Estate Appraisal Services Consultant-Maxwell,Hendry&Simmons,LLC 1 1 Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))) stated as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the Consultant to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Consultant upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a Consultant does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Consultant observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 23. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 24. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. Page 9 #15-6423-Real Estate Appraisal Services Consultant-Maxwell,Hendry&Simmons,LLC J„ 1 I 25. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 26. 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. 27. CONTRACT STAFFING. The Consultant's personnel and management to be utilized for this agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Consultant shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 28. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal, the Consultant's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 29. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Consultant does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. Page I 10 #15-6423-Real Estate Appraisal Services Consultant-Maxwell,Hendry&Simmons,LLC IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized • person or agent, have executed this Agreement on the date and year first written above. �" BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: y By: / .�,. Dated ' } Tim Nance, Chairman T, ' ►`1 :`: ,� C' (SEA ) Attest as tb chainnanl'r' signature only, Maxwell, Hendry & Simmons, LLC Consult. . By: Consultant's First Witness ature ,,/ / iid- tu) 5tokrkbAS MBR % • /Z ' 7 i&D✓ /Print signature Tv� p e and title Type/print witness name — J Cons ltant's Second Witness Jo se'h i n e Y're,o T Type/print witness name Approved as to Form and Legali : 8 • • Assistant n unney Print Name Page 111 #15-6423-Real Estate Appraisal Services Consultant-Maxwell,Hendry&Simmons,LLC 9 EXHIBIT "A" - SCOPE OF SERVICES Services to be provided by the Consultant may include, but are not limited to the following: • Developing and reporting of real estate appraisals as described above. • Undertaking and reporting on the results of damages studies. • Attending and consulting at mediation and settlement conferences. • Testifying in eminent domain proceedings (hearings, depositions and trials). • Performing market rate and rent studies. • Site selection studies and related consultation. It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. Page 112 #15-6423-Real Estate Appraisal Services Consultant-Maxwell,Hendry&Simmons,LLC EXHIBIT "B" - RATE SCHEDULE Category Rate Per Hour Principal Consultant $225.00 Associate Consultant $175.00 Administrative Assistant $50.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page 113 #15-6423-Real Estate Appraisal Services Consultant-Maxwell,Hendry&Simmons,LLC Ii : ACRD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4/10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Laura Herndon Herndon Carr & Company INC. o.EM): (239)939-1996 No):(239)275-0277 10501 Six Mile Cypress Pkwy. E-MAIL ADDRESS:laurah@herndoncarr.com Suite 101 INSURER(S)AFFORDING COVERAGE NAIL 9 Fort Myers FL 33966-6400 INSURERA:Hartford Insurance Company INSURED INSURER B FCCI Ins. Co. 10178 Maxwell, Hendry & Simmons, LLC. INSURER C:Underwriters at Lloyds 12600-1 World Plaza Lane INSURERD: INSURER E: Fort Myers FL 33907 INSURERF: COVERAGES CERTIFICATE NUMBER34aster 2015-2016 BOP Ren REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POUCY EFF POUCY EXP LTR INSD WVD POUCY NUMBER (MMIDDIYYYY) (MM/DD/YYYY) UMITS X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE R OCCUR DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ _ 21SBADR2894 4/23/2015 4/23/2016 MEDEXP(Anyoneperson) _ $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE UMIT APPUES PER: GENERAL AGGREGATE $ 2,000,000 X POUCY JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Hired Non-Owned Auto $ 1,000,000 AUTOMOBILE UABIUTY (EO COMBINED 8D SINGLE LIMIT $ 1,000,000 nt) A ANY AUTO 21SBADR2894 04/23/2015 04/23/2016 EIODILYINJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS - X HIRED AUTOS x NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION ., PER OTH- AND EMPLOYERS'UABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N I A 0 B (Mandatory In NH) 001-WC15A-33083 1/1/2015 1/1/2016 E.L DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 500,000 C Real Estate Agents MPL130165912 10/25/2014 10/25/2015 Liability Each Claim $1,000,000 Errors & Omissions Liability Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners is named as Additional Insured with regard to General Liability. Thirty (30) days notice of cancellation applies. Endorsements to follow. For any and all work performed on behalf of Collier County. CERTIFICATE HOLDER CANCELLATION ISHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail E Naples, FL 34112 AUTHORIZED REPRESENTATIVE 2A Reed Herndon/LAURA .�/ "( LI•�f!l.I------- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(2014011