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Backup Documents 01/12/2016 Item #16B2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI, B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 24 11 c40 4. BCC Office Board of County Commissioners C// t\751.\\b 5. Minutes and Records Clerk of Court's Office (l tP a:2( PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or issing information. Name of Primary Staff Elly Soto McKuen Phone Number (239)643-11 5 Contact/ Department Agenda Date Item was January 12,2016 Agenda Item Number 16.B.2 Approved by the BCC Type of Document Listing Agreement Number of Original 1 Attached Documents Attached PO number or account number if document is to be recorded 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? ESM >'f 2. Does the document need to be sent to another agency for additional signatures? 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 ESM 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 ESM 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 ESM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip ESM should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/12/2016 and all changes made during ESM 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 BCC,all changes directed by the BCC have been made,and the document is ready for the 4, Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 274.05;Revised 11/30/12 168 2 MEMORANDUM Date: January 26, 2016 To: Elly Soto McKuen, Project Manager, CRA County Redevelopment Agency From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Bare License Agreement Vehicle Storage — Naples Auto Donation Center Enclosed, please find one (1) scanned copy of the document referenced above, (Agenda Item #16B1) which was approved by the Board of County Commissioners on Tuesday, January 26, 2016. The original has been kept by the Minutes and Records Department as part of the Board's Official Records. If you should have any questions, please call me at 252-7240. Thank you 1682 FloridaRealtors' Exclusive Right of Sale Listing Agreement For Commercial Property The Voice forReal Estate`inFlorida This is a legal and binding contract on all parties hereto,including their heirs,legal representatives, successors and assigns and if it is not fully understood,OWNER should seek competent legal advice. 1 1. This contract made and entered into by and between: 2. Collier County Community Redevelopment Agency ("OWNER"which term shall Include singular and plural) 3" and Commercial Real Estate Consultants LLC,dba CRE Consultants,LLC ("BROKER") 4' OWNER hereby gives BROKER for a period of time commencing the 12th day of January 2016 ,and terminating the 13th s. day of July,2016 ,or any renewal hereof("Termination Date")THE EXCLUSIVE RIGHT AND AUTHORITY to find a pur- 6 chaser of the real property and/or inventory or assets,lease,lease with option to purchase,rent or 7 exchange for the herein described property and personalty described in Paragraph 1(A).Upon full execution of a contract for 8 sale and purchase of the Property,all rights and obligations of the Agreement will automatically extend through the date of 9 the actual closing of the sales contract. 10 A. Description of real property: 11" Street address: 4265 Bayshore Drive(Folio#81840540003.61840960006.61840960103)and 4315 Bayshore Drive(Folio#53401680005) 12" Legal Description: See exhibit'A"attached hereto and made a part hereof. 13" 14" 15" 16" 17 B. Description of personal property(including machinery,inventory,supplies and equipment):Upon the following price 18" and terms: N/A 19" 20" 21" 22" 23" Price:$4,150,000 24" Terms:(include special financing terms here) N/A 25- 26" C. Mortgage Information:existing mortgage with$NIA Balance; %,Payable$ ,Per Month 27" P.I.$ Approximately years to run. 28 D. Interest on encumbrances,taxes,insurance premiums and rents shall be adjusted pro rata at the date of closing. 29 Improvement liens,if any,will be discharged by the OWNER.The usual and customary time to be allowed for examination 30 of title and closing of the transaction.Personal property to be included in the purchase price shall include all fixed equip- 31" ment,and plants and shrubbery now installed on said property.It is understood that the sale is to include: ❑the good- 32" will and name as a going concern; ❑ furniture,fixtures and equipment as per attached inventory; ❑advertising;con- 33" tract rights; 0 leases; 0 licenses; iJ rights under any agreement for interests except as stated herein.Seller shall 34 convey title to personal property assets by Bill of Sale Absolute giving good marketable title unless the sale is a secured 35 transaction,in which case a Security agreement will be required by the purchaser.The OWNER agrees at its expense to 36" provide(a)preparation of and delivery to the Purchaser of a warranty deed or other statutory deed conveying a mar- 37 ketable title free and clear of all liens except encumbrances of record assumed by the Purchaser as part of the purchase 38 price(public utility easements) ;(b)abstract of title or binder for marketable title insurance policy;(c)documentary 39 stamps for the deed;(d)Seller's attorney fees;(e)recording fee for satisfaction of existing mortgage is paid off. 40 2. BROKER agrees: 41 A. To process Property through Multiple Listing Services. 42 B. To inspect and become familiar with the Property and promote its sale; 43 C. To present all offers and counter-offers in a timely manner regardless of whether the Property is subject to a contract 44 for sale; 45 D. To advertise the Property as Broker deems advisable including advertising the Property on the Internet unless limited 46 in 2(d)(i)or 2(d)(ii)below. 47 (Seller opt-out)(Check one if applicable) 48" Li(i) Display the Property on the Internet - -_ -- -- •-o - -- ' ;;--• -a a- 49 Internet. so" Seller ( )( )and Broker/Sales Associate ( )( )acknowledge receipt of a copy of this page,which is Page 1 of 4 Pages. ERS-6cp Rev.11/09 0 2009 Florida Association of REALTORS® All Rights Reserved Serial#'.016734-100143.7404298 1,01 1 i l l +.i. �. 11;211.y 166 51" ❑ (ii) Seller does not authorize Broker to display the Property on the Internet, 52 Seller understands and acknowledges that if Seller selects option(ii),consumers who conduct searches for listings 53 on the Internet will not see information about the listed property in response to their search. 54• / Initials of Seller. ss E.Virtual Office Websites: Some real estate brokerages offer real estate brokerage services online.These websites are 56 referred to as Virtual Office Websites("VOW").An automated estimate of market value or reviews and comments about a prop- 57 erty may be displayed in conjunction with a property on some VOWs.Anyone who registers on a Virtual Office Website may 58 gain access to such automated valuations or comments and reviews about any property displayed on a VOW.Unless limited 59 below,a VOW may display automated valuations or comments/reviews(blogs)about this Property. 6o" E Seller does not authorize an automated estimate of the market value of the listing(or hyperlink to such estimate)to 61 be displayed in immediate conjunction with the listing of this Property. 62` 1 Seller does not authorize third parties to write comments or reviews about the listing of the Property(or display a 63 hyperlink to such comments or reviews)in immediate conjunction with the listing of this Property. 64 F. To the extent not in conflict with BROKER'S duties under paragraph 6 below,to furnish information requested by 65 another agent or licensed real estate broker and to assist cooperating broker in closing transaction on the Property 66 when requested. 67 G. To take all reasonable precautions to prevent damage in the process of showing Property or permitting others to 6s show Property,but BROKER accepts no responsibility for loss or damage;and 69" H. To ❑utilize j not utilize the name of the OWNER in connection with marketing or advertising of the Property 70 either before or after sale; 71 I. To represent the OWNER,and thereby is authorized to accept,receipt for and hold all monies paid or deposited as a 72 binder or deposit on the purchase of the Property,and the duties of the BROKER relative thereto shall be in accordance 73 with the laws of the State of Florida and regulations of the Florida Real Estate Commission;and 74 3. OWNER agrees: 75 A. To pay the BROKER compensation in accordance with the terms of this Agreement set forth in paragraph 4 below; 76" B. To give BROKER permission to pay cooperating brokers,except when not in OWNER'S best interest: Q and to offer 77" compensation in the amount of Three %of the purchase price or$N/A to buyer's agents,who represent 79" the interest of the buyers,and not the interest of OWNER in a transaction; ❑and to offer compensation in the amount of 79* N/A %of the purchase price or$N/A to a broker who has no brokerage relationship with the buyer or 80' OWNER; ❑and to offer compensation in the amount of N/A %of the purchase price or$N/A to trans- 81` action brokers for the buyer; ❑None of the above(if this is checked,the Property cannot be placed in the MLS.) 82 C. In the event of an exchange,to permit BROKER to represent all parties and collect compensation or commissions from 83 them.BROKER is authorized to pay other brokers such compensation or commissions in any manner acceptable to brokers. 84 D. To pay compensation due BROKER if Property,or any interests therein is sold,leased or contracted to be sold or 85" leased or otherwise transferred within t�0 days after Termination Date to anyone to whom the Property was submit- 86 ted by or through the efforts of any BROKER or the OWNER before the Termination Date.However,the obligation to 87 pay such compensation to BROKER shall cease if a bona fide Exclusive Right of Sale Contract is entered into after 88 Termination Date with another licensed BROKER and a sale,lease,exchange or contract therefor,of the Property is 89 made during the term thereof; 90 E. To notify the BROKER in writing before leasing,mortgaging or otherwise encumbering the Property and to provide 91 details of any such encumbrances; 92 F.To refer immediately to BROKER all inquiries relative to the purchase or leasing of the Property. 93 G. To warrant accuracy of information set forth herein and on the data sheets,exhibits and addenda attached hereto and 94 to indemnify and save harmless BROKER and those relying thereon for damages resulting from errors contained therein; 95 H. To furnish BROKER with keys to the Property and make the Property available for BROKER to show during reasonable hours; 96 I. To pay any applicable sales tax when due; 97 J. To obtain any information relating to the present mortgage or mortgages on the Property including existing balance, 98 interest rate,monthly payment,balance in escrow and payoff amount; 99 K. To authorize BROKER to place"For Sale","Under Contract"OR"Sale Pending"signs upon the Property and to too remove the signs upon termination of this Agreement or sale of the Property;and io1 L. To otherwise cooperate with the BROKER in carrying out the purpose of this Contract. 102 M. Provide all reasonable financial information,including but not limited to balance sheet,etc. 103 4, Compensation: OWNER agrees to pay BROKER as follows,including paying all taxes,if any,on BROKER'S services,if 104 BROKER,any agent of BROKER or a Buyer's Broker procures a buyer who is ready,willing,and able to purchase,lease,or ios exchange the property,and/or inventory of the OWNER,and/or assets of the business whichever is applicable,on the terms los of this Contract or any other terms acceptable to OWNER.The stated compensation shall be paid to the BROKER in the 107 event of a sale,exchange,or transfer of any interest including stocks or shares in the Property during the term of this con- 108 tract,whether such transaction,sale or exchange be accomplished by the BROKER or any other person or entity including 109 OWNER:(complete whichever fee arrangements apply): l lox Seller ( )( )andBroker/Sales Associate ( )( )acknowledge receipt of a copy of this page,which is Page 2 of 4 Pages.. ERS-6cp Rev.11/09 ©2009 Florida Association of REALTORS/4 All Rights Reserved Serial#.0167344 00143-7404298 ,c E TI"1 §i. �1 .'i 3 a i 4. `. 1 6 B 2 111° A. (CHECK ONE): six %of gross sales price, or %of gross sales price plus$ , or 0$ including 112 fees BROKER may pay to cooperating brokers.OWNER shall pay this fee at the time,and from the proceeds,of closing.If 113• OWNER transfers the Property for nominal consideration,OWNER shall pay$ on the date OWNER transfers title. 114 B. In the event the Property is leased during the term of this Agreement,OWNER shall pay to BROKER a leasing fee of 11s« $ or six %of gross lease amounts.The fee shall be paid to BROKER when BROKER,OWNER or anyone 116 working by or through BROKER produces a tenant acceptable to OWNER.If the tenant purchases the Property at any 117 time,even if such a purchase is subsequent to the expiration date of this Agreement,BROKER shall be paid the stated 118 compensation set forth in Paragraph 4A at the time of closing. 119' C. In the event that deposit(s)be retained, 50 %thereof,but not exceeding the compensation provided above,shall 120 be paid to the BROKER as full consideration for BROKER(s)services,including costs expended by BROKER,and the 121 balance shall be paid to OWNER.If the transaction shall not be closed because of refusal or failure of OWNER to per- 122 form,the OWNER shall pay the said compensation in full to BROKER upon demand. 123 5. OWNER understands that this Contract does not guarantee the sale of the Property but that it does assure OWNER 124 that BROKER will make earnest and continued effort to sell the Property until this Contract is terminated. 125. 6. (CHECK ONE)OWNER ❑' DESIRES 0 DOES NOT DESIRE UTILIZATION OFA LOCKBOX SYSTEM.IN THIS 126 REGARD,OWNER HAS BEEN INFORMED THAT THROUGH THE USE OF A LOCKBOX SYSTEM,THE PROPERTY 127 MAY BE MORE READILY SHOWN TO PROSPECTIVE BUYERS,BUT THAT PERSONAL PROPERTY OF OWNER, 128 MAY,THEREFORE,BE MORE SUSCEPTIBLE TO THEFT OR DAMAGE.OWNER AGREES THAT THE LOCKBOX,IF 129 UTILIZED,WILL BE FOR THE BENEFIT OF OWNER AND RELEASES BROKER AND THOSE WORKING BY OR 130 THROUGH BROKER,AND THE BROKER(S)LOCAL BOARD(S)AND/OR ASSOCIATIONS OF REALTORS FROM ANY 131 LIABILITY AND RESPONSIBILITY IN CONNECTION WITH ANY LOSS THAT MAY OCCUR.THE BROKER ADVISES 132 AND REQUESTS THE OWNER TO SAFEGUARD OR REMOVE ANY VALUABLES NOW LOCATED ON THE PROPER- 133 TY AND TO VERIFY THE EXISTENCE OF OR OBTAIN PROPER PROPERTY INSURANCE.SHOULD A TENANT BE IN 134 THE PROPERTY,THE SELLER SHOULD NOTIFY THE TENANT IN WRITING OF THE USE OF A LOCKBOX. 135 7. OWNER authorizes BROKER, upon execution of a contract for sale and purchase,to notify the Multiple Listing Service of 136 the pending sale and after closing of the sale to disclose sale information including the sales price to the Multiple Listing Service, 137 other REALTORS and appraisers. 138 8. In the event any litigation arises out of this Contract,the prevailing party shall be entitled to recover reasonable attorney fees 139 and costs. 140 9. TERMINATION: This Contract shall terminate as of the Termination date unless sooner terminated as provided below: 141 A. If OWNER decides,because of a bona fide change in circumstances,not to sell the Property,this Contract shall be 142 conditionally terminated as of the date OWNER executes a Withdrawal Agreement and pays BROKER a cancellation fee 143. Of$500.00 144 145 B. If at any time during the term of this Contract,BROKER determines that the proceeds from the sale of the Property which OWNER would reasonably expect to receive will not be sufficient to pay the compensation due BROKER,then 146 this Contract may be terminated by BROKER upon three days written notice to OWNER. 148 10. MANDATORY ARBITRATION:ATTORNEYS'FEES: All claims,disputes,and other matters in question between the parties arising out of or relating to this Contract,or any addendum or addition,SHALL BE DECIDED BY MANDATORY BINDING ARBITRA-TION 149 in accordance with the Florida Arbitration Code,Chapter 682, Florida Statutes .Each party shall select any arbitrator and the two 150 arbitrators so chosen shall choose a third arbitrator.The three arbitrators so chosen shall hear and determine the matter.THIS 1s1 AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER THE FLORIDA ARBITRATION CODE,and judg- 152 ment upon the award rendered by the ARBITRATORS may be entered by the Court having jurisdiction thereof.In connection with any 153 such arbitration or litigation,the prevailing party shall be entitled to recover all fees and costs incurred including reasonable attar- 154 neys'fees.OWNER has been advised and consents to permit BROKER to file a lien against the Property,if applicable,for unpaid 155 real estate commissions,pursuant to Section 475.42(1)0),Florida Statutes,which lien shall be released only at such time as the full 156 commission and all other sums due under this Agreement,including interest,attorneys fees and costs,have been paid in full. 157 11. COMMERCIAL LIEN ACT DISCLOSURE: The Florida Commercial Real Estate Sales Commission Lien Act provides that 158 when a BROKER has earned a commission by performing licensed services under a brokerage agreement with you,the BROKER 159 may claim a lien against your net sales proceeds for the BROKER'S commission.The BROKER'S lien rights under the act cannot be 160 waived before the commission is earned. 161 12. MISCELLANEOUS: This Agreement is binding on BROKER's and OWNER's heirs,personal representatives,administrators, 162 successors and assigns.BROKER may assign this Contract to another listing office.This Contract is the entire agreement between 163 BROKER and OWNER.No prior or present agreements or representations shall be binding on BROKER or OWNER unless included 164 165 166" Seller ( )( )and8roker/Sales Associate ( )( )acknowledge receipt of a copy of this page,which is Page 3 of 4 Pages. ERS-6cp Rev.11/09 9 2009 Florida Association of REALTORS® All Rights Reserved Serial#0187344001434404298 S ....i'T`F•t a3 i€i 3 I tcttv 168 e 167 in this Contract.Signatures,initials and modifications communicated by facsimile will be considered as originals.The term"buyer"as 168 used in this Contract includes buyers,tenants,exchangors,optionees and other categories of potential or actual transferees. 169. 13. ADDITIONAL TERMS This listing agreement consists of the attached components parts,all of which are as fully a 170• part of this Listing Agreement as if herein set out verbatim:Agreement 13-6099 for Commercial&Industrial Real Estate&Property Management Services 171') and Addendum/Addenda. 172' 173' 114' 175' 176• Date: December 8,2015 Seller comer county community Redevelopment Agency Tax ID No: 59'6000558 (print name) 177• Telephone#'s:Home. Work (239)643-1115 Cell Fax: 178• Address: 3299 Tamiami Trail East, Naples, FL 34112 E-mail: jeanjourdan@colliergov.net 179' Date: - Seller: Tax ID No: (print name) iso' Telephone#'s:Home Work Cell Fax: 1st' Address: E-mail: 182' Date: Authorized Listing Associate or Broker: (print name) 183' Brokerage Firm Name: Commercial Real Estate Consultants LLC,dba CRE Consultants,LLC Telephone: 239-481-3800 184• Address: 1100 Fifth Avenue South, Suite 100, Naples, FL 34102 ®•s• 185' e eage 186).19„._atura of Seller Signature of Seller--- f4P+A-R S_R A CHAIR - 187, -.0"- -:.� 1i - TIM NANCE iaa Sign ure of .ssoc ' - j/,rmg)-.. .stalv!/' 189' Copy returned to Seller on the day of , by: ❑ personal delivery❑mail De-mail I]fax. ATTEST: e N,... - Approved as to formand legality By: Mast as to Chairman'sII signature nly. Assistant County cith ; ey t,' (", Pto 190' Seller I I( }and Broker/Sales Associate ( )( ?acknowledge receipt of a copy of this page,which is Page 4 of 4 Pages. i ERS-6cp Rev.11/09 ®2009 Florida Association of REALTORS® All Rights Reserved Serial#:015734400143-7404298 S 1..1_..P.t tT 13)L tC a I Mj. s (li 16B 2 • EXHIBIT"A" LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 14,ICIANSHIP 50 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL I THE WEST 425 FEET OF 101 109,NAPLES GROVE AND TRUCK 00°S LITTLE FARMS Nol,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1.PAGE 27A,LESS THE EAST 200 FEET AND THE WEST 25 FEET THEREOF,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA_ PARCEL 2 THE EAST 200 FEET OF THE WEST 425 FEET Of LOT 109,NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2,ACCORDING TO ThE PLAT THEREOF RECORDED IN PLAT BOOKi,PAGE 27A,PUBLIC RECORDS OF COOLER COUNTY.FLORIDA.TOGETHER WITH AN INGRESS AND EGRESS EASEMENT ACROSS THE NORTH V FEET OP THE EAST 200 FEET OF THE WEST 225 FEET OF LOT 109,NAPLES GROVE AND TRUCK CO`S U1TIE FARMSt2 PARCEL 3 ALL OF LOT 108,LESS AND EXCEPTING THE NORTH 27544 FEET OF THE.WEST 425 FEET AND THE KELLY ROAD RIGHT.OF MAY,NAPLES GROVE AND TRUCK W S LITTLE FARMS No,2,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1,PAGE 21k PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA; TOGETHER WITH: ALL OF LOT 109,LESS AND EXCEPTING THE WEST 425 FEET AND THE KELLY ROAD RIGHT-OF-WAY,NAPLES GROVE AND TRUCK W S LITTLE FARMS No.2,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1,PAGE 21A,PUBLIC RECORDS OF COWER COUNTY,FLORIDA AND PARCEL A.LAKESIDE MOBILE ESTATES,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 9,PAGE 99,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA • 16B Z AGREEMENT 13-6099 for �'sitnmercia1&Industrial Real Estate &Property Management Services THIS AGREEMENT, made and entered into on this . 5-44`day of 2013,by and between Commercial Real Estate Consultants, LLC, authorized to do business in the State of Florida, whose business address is 12140 Carissa Commerce Court, Suite 102, Fort Myers, FL 33966, (the " (the "Consultant") and Collier County, a political subdivision of the State of Florida,(the"County"): WITNESSETH: 1. COMMENCEMENT. The Agreement shall commence upon Board approval in accordance with RFP 13-6099 Commercial and Residential Real Estate and Property Management. 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 one hundred eighty (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 ten(10) days prior to the end of the Agreement term then in effect. 2, CONTRACT TERM. The contract shall be for a two (2) year period, commencing on date of Board award and terminating two (2)years from that date.The County may,at its discretion and with the consent of the Consultant,renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Consultant shall provide Commercial/Industrial Real Estate and Property Management Services in accordance with the terms and conditions of RFP #13-6099 and the Consultant's proposal 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 Consultant and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Page 1 of 3 I I 6 B 4. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement in accordance with Exhibit A, Fee Schedule, attached herein and incorporated by reference,together with the cost of any other charges/fees submitted in the proposal. Any County agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 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 contract. Any untimely submission of invoices 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. 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. 6. 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: Commercial Real Estate Consultants,Inc, 1100 5th Avenue,Suite 100,Naples,FL 34102 239/6591447 Telephone;239/6594028 Fax Raymond Sandelli,Managing Partner • Ray.sandelli©creconsultants.corn All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: • Collier County Government Center Purchasing Department 3327 Tamiami Trail,East Naples,Florida 34112 Attention:Purchasing&General Services Director 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. Page 2 of 11 C,q 166 7. NO PARTNERSHIP. Nothingherein contained shall create or be construed as creating g a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment 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 agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant, 9. 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. 10. 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 (30written notice. The County shall be sole judge of day 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. 11. NO DISCRIMINATION. The Consultant agrees that there shalt be no discrimination as to race,sex,color,creed or national origin. 12. INSURANCE, The Consultant shall provide insurance as follows: Page 3ofII C,q 1. 6 : . A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $1,000,000 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, 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, D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. 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 subConsultants/Consultants comply with the same insurance requirements that he is required to meet. 13. 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, Page 4 of 11 Cq 1 1 , 1 6 6 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. 13,1 The duty to defend under this Article 13 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 arty party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 13 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. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Real Estate Services Department. 15. 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. 16. 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: Consultant's Proposal, Insurance Certificate, RFP #13-6099-Commercial and Residential Real Estate and Property Management Scope of Services and Addenda. 17. 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. 18. 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 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 Page Sofil 168 2 quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 19. IMMIGRATION LAW COMPLIANCE.By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 20, O1FER 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. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void,invalid,or otherwise unenforceable, hi whole or in part,the remaining portion of this Agreement shall remain in effect. 22, ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 23. 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. 24. 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. Page 6 of 1 I C q 168 2 25. KEY PERSONNEL/CONTRACT STAFFING: The Consultant's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to 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 service delivery dates, 26. 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, RPP and/or the Consultant's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the RFP and the Consultant's Proposal, the language in the RFP would take precedence. 27. 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 7 of 11 Cq 16B 2 IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OP COUNTY COMMI IONERS ATTEST: COLLIER COUN M ,FLORIDA Dwi, t E.By.ock,.Cle k.of Courts ' 01/43', « 40C By: I►1 Dated: • • MI Georgia A.Hil -r Es"Chairwoman AgSIAL) es s TO 01m:tans. Signa 11fA`f{hly.. Commercial Real Estate Consult,ts,LLC t%e By: Firs Witness Si: afore • -e,+ I (A/1-iji p u ''Type/print witness namet TType/print signature and title's f Second Witness, gni kms, ri rl ; TType/pr nt witne namet • I Approved as to Form and Legality: • Assistant County Att ney Print Name Page 8 of 11 • 1682 . .. .. • . _ . . . „ . .. ... .. . . „„. . . . . EXHIBIT A Fee Schedule 13-6099 Commercial Real Estate Consultants Real Estate Fees I. Commercial/Industrial real estate fee percentage applied to all real estate transactions 6% 2. Leasing Fee-real estate leasing percentage 6% Property Management Fees 3. Property Management- Property Management hourly rate $60.00/hr 1 •4. Management Fee: Consultant shall be paid three percent (3.0%) of Gross Revenue actually collected in respect of the Property or a minimum monthly fee of three thousand five hundred dollars ($3,500.00), whichever amount is greater, during the applicable month. The term "Gross Revenue" means base rent, percentage rental, percentage rent, and all revenues for operating expenses prescribed by the leases from the property tenants. Property management services and reimbursable expenses shall be payable monthly in arrears. Reimbursable and management fees shall be payable from the operating account as incurred. 5. Management Fees - Transition: If owner enters into a Purchase and Sales Agreement to purchase a property and requests Property Management Services for that prop erty, upon the sale of the Property closing,Consultant shall be paid by Owner post-closing Management Fees to assist in the initial ninety (90) day transition period. The post-closing Management Fees will be equal to a full month's Management Fee for the first thirty (30) days and Five Hundred Dollars ($500.00)for each additional thirty (30)day period. Page 9 of 1 1 16B . . 6. Project Management Fees: Administrative Fee equal to four percent (4%) of the total amount which is expended for any construction or repair project on or about the Property that Owner has directed Manager to provide construction management services, Owner shall pay Consultant as compensation for any construction or project management services requested by Owner as set forth in any related statement of work agreed upon by the parties from time to time,provided Manager shall be entitled to a minimum Project Management Fee of one thousand dollars ($1,000.00) on any Project requested.If Consultant is not paid for such services, neither Consultant nor its employees shall have an obligation to supervise, bid capital or tenant improvement work, collect lien releases, ox obtain certificates of insurance from general contractors and/or subcontractors for construction and related matters. 7. Reimbursable Expenses: Expenditures incurred by Consultant in performing its duties shall be subject to reimbursement,and no others,but only to the extent the same have been included in the Operating Budget or otherwise expressly approved by Owner_ 8. Reimbursement by Owner/Property: Maintenance personnel shall be billed at a flat hourly rate of forty dollars (S40.00) per hour (regular time), sixty dollars ($60.00)per hour (overtime). Maintenance cost may be adjusted with the annual renewal. Real Estate Property Manager shall be billed at a flat monthly rate of$0.015 per square foot. Supplies specific for the property and mileage fox maintenance personnel and assigned property manager (billable at the current IRS mileage rate) shalt be reimbursable by the Owner. These reimbursements shall be payable from the operating account as incurred. 9. Maintenance Personnel: Manager shall employ maintenance personnel who will perform maintenance services at Owner's Property at the outlined hourly rate above. Collier County Reserves the right to contract with other maintenance providers or provide maintenance services utilizing County staff. Page 10 of 11 Gt'' 16B 10. Real Estate Property Manager: Manager shall employ a property manager who will perform management services at Owner's Property at the outlined monthly rate above, 11. Software Costs: Fees for standard accounting are included in the management fees outlined. However, if owner requests manager to perform non-standard accounting services, additional charges will apply. The cost shall be mutually agreed upon in writing prior to the delivery of these additional services. 12.Office Expenditure Reimbursements: All Office expenses(assigned manager's hand- held devices,postage,etc.)shall be paid by the property. 13. Bank Fees and Accounting Extras: Outside banking costs such as lockbox fees and other bank-generated costs will be billed back to ownership based on actual cost, and no administration fee will be charged by manager. Completion of 1099's fox ownership will be billed as an extra cost if ownership instructs Manager to complete. Audit fees,due to tenant audits,will be billed as an extra cost. 14.Transition Fees: Owner shall pay Consultant additional compensation for accounting and management set-up costs in the amount of one thousand ($1,000.00)which will be expensed as a common area maintenance expenses,pursuant to the terms and conditions of existing leases.This fee shall be due and payable on the fifteenth(15 ) day of the first month of the contract. Page llofll 16B_ _ . . Z ' _ _ . Collier County BCC 4/8/2015 11:20:23 AM PAGE 3/004 Fax Server cQ 7PY County Administrative Services Department Procurement Services Division April 7, 2015 Mr. Raymond Sandelli, Managing Partner Commercial Real Estate Consultants, Inc. 1100 5`"Ave., Ste 100 Naples, FL 34102 FAX: 659-4028 Email: ray.sandelli@creconsultants•com RE: Contract Renewal for#13-6099"Commercial& Industrial Real Estate&Property Management Services" Dear Mr, Sandell': Collier County would like to renew the above agreement under the same terms and conditions for one (1)additional year in accordance with the renewal clause in the agreement.This renewal is contingent upon Project Manager approval. If you are agreeable please indicate your intentions by providing the information as requested below: / 1�/ I am agreeable to renewing the above referenced contract under the same terms, conditions,and pricing as the existing contract, The following attached documentation must be provided with response, ■ Provide updated and current insurance certificate • Provide a copy of the company's Department of Homeland Security executed E-Verify profile page or memorandum of understanding. I am not agreeable to renewal of this contract. By signature this contract will be in effect from June 25, 2015 until June 24, 2016. Please take a moment to review the Collier County Online Bidding System and refresh your business profile information. Log into the County's site at: http://bid.colliergov.net/bid/,select My Profile and My Commodities, and review information and commodities to ensure they accurately reflect your business. Gis.t.r� RucurementSavices Duision•3327 Tamiami Trail East•Naples,Florida 34112-4901 239.252.8407•w.w+.colhergov notlprocurementserultes RECEIVE: NO. 6148 04/08/2015/WED 11:01AM CREC Naples �� 168 C Collier County BCC 4/8/2015 11:20:23 AM PAGE 2/004 Fax Server I ' Good morning, Please see the attached contract renewal for contract Contract Renewal for#13-6099 "Commercial&Industrial Real Estate&Property Management Services"expiring on 06/24/15.Pleas e review and return it signed at your earliest convenience.Also,when you submit an updated insurance certificate,please note the following changes from your insurance carrier: • On all certificates,the Certificate holder should read as follows: Collier County Board of Commissioners 3327 Tamiarni Trail East • Naples,FL 34112 • The Description box should include the following verbiage:"For any and all work performed on behalf of Collier County."(Vendors who have multiple contracts no longer require a separate insurance certificate for each contract.) You can return the signed contract renewal with the requested documentation,if any, by either email,Fax,or mail. Respectfully, • (f l'• .P76.1a.. Contracts Technician Procurement Services • Phone: (230252-6020 Fax: (239)252-6592 U clef.t'Ionua L.w:,_ rr l ddd«_ses as.;public recants.li!:au da tic 1 v,5 ii yix.r a mail r lctas,nitres;c d,rs rsporw; ri i'Js tCyVt:st,St; rct atuid u'uca!vni:;rru l!u:11;s:31-01 list::: wolisct this mice by tckrmsc or iii•.v-it.nt; RECEIVE: NO.6148 04/08/2015/ENED 11:01AM CREC Naples 1682 .. Collier County BCC 4/8/2015 11 :20:23 AM PAGE 4/004 Fax Server Page 2 of 2 RE: Contract Renewal for#13-0099'Commercial& Industrial Real Estate& Property Management Services" Please return this letter to the Purchasing Department with your response, insurance certificate, E-Verify or MOU at your earliest convenience. If you have arty questions you may contact t_issett De La Rosa at 239-252-6020, email bsse(tdeitirosa colIiergov.nak or FAX 239.252-6592 or 239.732-0644. Respectfully, L..JQ ,e Markle 'cz ;fig r Director–Procurement SerVIces---' _.Acceptance raf•cor ract ftenew�E :% Name of Company .-._.....,......__. - p ., .t E • i Company Signature :: _ c' _ (Corporate Officer) ¢'" l ...e..__ -..-..»_ ___ . lannt Corporate .1_4. -1 Officer Name ; i 110 tt 1 ..' 1, .. \ .._..... Signature Date l ; i F777: :..,::';,!.:-i.,:., - >� Updz tid Cgritact infamtatfori i (In Q er to m0ke sure xour>conf ct If3f rrrfatlor►Is 34rr4nt} :'''_d : ...x ,. ,:•.:' ...r:,:::::',' _ :.. .. : ate. ... € Contact dame : I ftrii.Sant(.1a1 : 411A i Telephone Number _.........................�...�..•...q. .-moo.__. FAX Number .._._..._..............___— i' Email Address Address i_. I c2A 0 .nes-p, entnimarcEZOT--- C:Joanne Markiewici, Project Manager, Procurement Services RECEIVE: NO.6148 __ 04/OB/2015/WED 11 :01AM4 „CR£C Naples �� 1662 2 I • • : • D• CERTIFICATE OF LIABILITY INSURANCE 21/2(MM,°°"r"f' 05/2112015 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(lea)must be endorsed, If SUBROGATION IS WAIVED,subject to the terms andconditions 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 June Hunter-Clarke , Premier Insurance Corporation,Inc, PHONE F�).(239)542.7101 X 262 FAX No)?(239)542.0693 1326 Cape Coral Pkwy E Ste 1 Ab Abyss, the@premierinsurancecorp.com Cape Coral FL 33904 IIISURERSI AFFORDING COVERAGE NAIC N INSURER A:American States Insurance Company 19704 INSURED INSURERS• _ Commercial Real Estate Consullants LLC,Dba:CRE Consultants iesuaenC: t _ . 12140 Carissa Commerce Court, INsuReR n I Fort Myers FL 33966 INSUR£R B: INSURER F; COVERAGES CERTIFICATE NUMBER; 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.yyE� BY PAID CLAIMS. ILTR TYPE OF INSURANCE iN>°n Svivo SOI.CY NUMBER 4Ih DOIYYYFYI IMMIDo1YYXYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A CLAIMS-MADE I X DAMAGE TO RENTED OCCUR PRMISFS(Fa odaumnyal $200,000 01 Ci 803179.10 04/23/2015 04)23120]6 MED EXP(Any one Derion) 510,000 • PERSONAL 6 ADV INJURY ;1,000,000 I GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE x2,000400 X POLICY I I PRO. I I LOC PRODUCTS-COMPPOP AGG $2,000,000 J`cC7 _ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ; (Ea eprJdenq ANY AUTO BODILY INJURY(kr person) $ • ALLOOVNED SCHEDULED BODILYINJURY(Per accident) $ NON-OVANED PROPERTY DAMAGE $ HIRED AUTOS _AUTOS ,-(Per-acddent) _ i S _ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $3,000,000 A EXCESSLIAO cLAIMS-MADE 01-SU•433371.10 0412312015 04/2312016 AGGREGATE $3,000,000 DEO X RETENI1ONs10,000 5 WORHERS COMPENSATION IPER DTH- . AND EMPLOYERS'LIABILITY yy�L(N� RFATI ITP _FR AN`t`PROPRIETORJPARTNERIEXECUTIYE( N fA E,L.EACH ACCIDENT $ OFFICERIM EMBER EXCLUDED? u IMandalory In NH) E.L DISEASE-EA EMPLOYEE$ IfEnRPacOUOFOP ERATIONSbeIgW _ -E.LDISEASE-POUCYUMIT ; DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(AC ORD lel,Additional Remarks Ulm dut),may be attached If mora apace Is required) RE:For any end all work performed on behalf of Collier County Collier County Board of County Commissioners is named as additional insured on the General Liability as required by written cannot per form CG8674(12/07). CERTIFICATE HOLDER CANCELLATION • COLLIER COUNTY BOARD OF COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3327 TAMIAMI TRAIL E THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES,FL 34112 AUTHORIZED REPRESENTATIV< <JH> Phone:(239)252.8839 P. oaf, I Fax:(239)252.8048 — ." ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD _ - 1682 REQUEST FOR PROPOSAL co ler county Adninistrative Servicesi COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 13-6099 Commercial and Residential Real Estate and Property Management Joanne Markiewicz, Interim Purchasing Director 239-252-8975(Telephone) 239-252-6480(Fax) Joannemarkiewicz@colilergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Pahhj topmral.3327 Tamisri TtaiE E0$I• Pools 54112-3901•wets ci srgov riatiVrsi>esh0 168 2 Table of Contents LEGAL NOTICE 3 EXHIBIT 1:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT ll:GENERAL RFP INSTRUCTIONS 16 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 20 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 24 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 32 ATTACHMENT 2:VENDOR CHECK LIST 33 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 34 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 35 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 37 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 38 • ATTACHMENT 7:VENDOR SUBSTITUTE W—9 39 ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 40 13-6099 Commercial and Residential Real Estate and Property Management RF P_N o n_CCNATemp la te_0101/2013 2 168 2 - - _ - - ply Admintstredive Service melon PurchasInq Legal Notice Sealed Proposals to provide real estate and property management services will be received until 12 Noon Naples local time, on May 16, 2013 at the Collier County Government,Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 13-6099 Commercial and Residential Real Estate and Property Management Services to be provided may include, but not be limited to the following: the review of the Airport management, organizational, fiscal (including the debt service), operational and service structures and provide recommendations as described in the Scope of Work. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website:www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www,collieroov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County Government Center on 4/24/13. Posthasing Departma t•33017amiami Tral East Niles,Flerida 34112•miner.colkergoi'.t?etiUptrrc#+astng 136099 Commercial and Residential Real Estate and property Management RFP_Non_CCNATemplate_010112013 3 1682 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Board of Commissioners,the Purchasing Department has issued this Request for Proposal(hereinafter, "RFP")with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated, The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase • The County is interested in receiving proposals from residential and commercial(including industrial) real estate and property management firms to assist the county with the purchase, sale, lease and management of the county's significant real estate holdings. Background • Collier County(County)covers a large area of Southwest Florida and is accessible from the East (Miami) and the North (Tampa)via Interstate 75. A non-charter county, Collier encompasses three(3)municipalities: Naples, Marco Island, and Everglades City. A seaside paradise tucked into Southwest Florida's gulf coast, with a total area of 2,305 square miles, makes Collier County the largest county in Florida.With such a large economic market and featuring one of the best business climates in the nation, it provides opportunities for unparalleled growth to new and expanding businesses,and premier real estate. With its geographic location, diverse demographics, affluent tourism, international trade,efficient education and transportation systems and strong industrial workforce,Collier County is a premier business destination in Florida, Detailed Scope of Work The County has"shelf' contracts with professionals in a variety of fields such as engineering and appraisal services, where staff has the ability to call upon these professionals to assist with projects when the county's in-house professionals need assistance. This arrangement allows the county to deal with variable demands on its staff without the need to hire additional FTEs.The professionals are called upon only when needed. Further, hiring real estate professionals allows the county to have the benefit of broader market exposure which will result in more competitive pricing in all real estate transactions. At their April 26, 2013, meeting (Agenda Item 10 G)the Board authorized the issuance of a Request for Proposals for real estate and property management discipline/service areas to provide: 1. Marketing &disposition of County-owned assets in accordance with applicable Florida Statutes, including, but not limited to Chapter 125, Florida Statute. 13-6099 Commercial and Residential Real Estate and Properly Management RFP_Non_CCNATemplate 0141/2013 4 1 6. _ _ _ 6 2 • 2. Identify, negotiate and acquire lands and/or buildings for specific County purposes in accordance with applicable Florida Statutes and local governing Ordinances, including, but not limited to 3. Identify, negotiate and lease lands and/or buildings for specific County purposes in accordance with applicable Florida Statutes, including, but not limited to Chapter 125, Florida Statute. 4. Oversight& management of County-owned assets ensuring compliance with all State, Federal and local laws and ordinances. Nothing shall preclude the county from contracting with other real estate brokerage/management firms should the need arise, i.e., need for specialized knowledge as to a specific project. • If travel expenses are incurred as a result of the completion of the Scope of Service,the County will pay those travel and meal per diem expenses according to Section 112.061 Florida Statutes. 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. 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 Limousine Actual cost of either taxi or airport limousine Term of Contract The contract term, if an award(s) is/are made shall be for two (2)years with two (2)possible one (1)year renewal periods. Fees/prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index(CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 13-6099 Commercial and Residential Real Estate and Property Management R FP_Non_CCNATemplate_0101/2013 5 1 6 B __ _ 2 Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event, bate. `, Issue Solicitation Notice April 24,2013 Last Date for Receipt of Written Questions 5/2/13, 12 Noon, Naples Local Time Addendum Issued Resulting from Written Questions (if 5/6113 needed) Solicitation Deadline Date and Time 5/16/13, 12 Noon, Naples Local Time Anticipated Board of County Commissioner's Contract June 2013 Approval Date Anticipated Completion of Contract Negotiations June-July 2013 Response Format The Vendor understands and agrees to abide by all of the RFP specifications,provisions,terms and conditions of same, and all ordinances and policies of Collier County.The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions,terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. if outlined in this RFP,the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I,Management Summary and Project Understanding In a maximum of two(2)pages provide: • A cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of providing the services stated herein; 13.6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_010112013 6 16B 2 • A brief overview of the company's goals and objectives of the project and how the firm will accomplish the scope of work; • Include the name(s),telephone number(s) and email(s)of the authorized contact person(s) concerning proposal; and • List all proposed qualified professionals who may participate on the team. • Select the disciplines/fields/specialties that the firm is proposing on: 1. Commercial Real Estate_ (Insert yes if interested in supplying these services)_ 2. Residential Real Estate (Insert yes if interested in supplying these services) 3. Property Management Services (Insert yes if interested in supplying these services) 2. Tab 2, Firm's Experience (20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Commercial Real Estate Submittals Only d#exr Cdit7mrc� L E� Isair �xpece 4 ,, eponse .tea.. 1. Indicate the number of years the proposer has been in commercial real estate business. (number of years) 2. Provide the total number of licensed agents in the firm. (number of licensed agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. 3. Provide the total number of specialized"buyer— brokers"or"buyers-agents" in the firm. (number of specialized agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. • Provide a listing contract with the minimum number of days for the property listing. • Provide sample purchase and sale contracts. TOTAL Add items 1.3 to determine the`proposer's Experience TOTAL'. 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_0101/2013 7 1 6 B 2 Residential Real Estate Submittals Only Indexa k j.Rgsidenti0l,R,ea1 Estate Experieric� ` 3 i esponSe thfo;rrnatipn� �,� 1, Indicate the number of years the proposer has been in residential real estate business. (number of years) 2. Provide the total number of licensed agents in the firm. (number of licensed agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. 3. Provide the total number of specialized "buyer— brokers" or"buyers-agents"in the firm. (number of specialized agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. • Provide a listing contract with the minimum • number of days for the property listing. • Provide sample purchase and sale contracts. TOTAL Add items 1 —3 to determine the'proppser.'s Experience. TOTAL Property Management Submittals Only It1¢exy .P;i Q`petty Mat�agemet f.Exper ertice-.plot f ation_ , 'S..y,.;t esponse 1. Indicate the number of years the proposer has • been in property management business. (number of years) 2. Provide the total number of clients served by the firm in the past five(5)years from January 1, (number of clients 2008 through December 31, 2012. served) 3. Provide the total number of certified/licensed staff members in the firm. (number of licensed agents) • Provide brief resumes/overview of staff members who may be assigned to this contract, • Provide sample management contract. TOTAL Add items 1 -3 to determine the proposer'S . Experience. TOTAL The consultant/vendor/proposer may supplement information regarding this criterion; however, the County will use the following methodology to score proposals. By discipline/service area and prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate 0101/2013 8 1662 The County shall total the proposer's Minimum Qualifications and create a ranking from highest number to lowest number. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the highest score. • The next highest proposer's number of points will be divided by the highest proposer's points which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a "whole" number(per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Proposer 1 otal lVlmirt�um Proposein:Name El�a��ts pinrairded ?' Vendor ABC 445 20 Vendor DEF 435 20 Vendor GI-II 425 19 Vendor JKL 385 17 Vendor MNO 385 17 Vendor PQR 250 11 The points awarded by proposer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the proposer's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per proposer. The Selection Committee Members may, at their sole discretion, modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3. Tab 3, Firm's Fiscal Stability and Florida Real Estate Commission Compliance (20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Irtldex �`,::: F§gal. tbility[r�fortna>t�oln ,Rspons ,, 1. Provide the primary proposer's Dun and Bradstreet • • Composite Credit Appraisal rating. (number) • Provide a copy of the Dun and Bradstreet report for primary proposer and all companies affiliated with the resultant proposal. 2. Indicate the number of times the proposer or their principals have filed for bankruptcy during the past five year(January 1, 2008- December 31, 2012). (number) 3. Provide the average number of days the firm pays its accounts payable transactions. (average number of days) 13-6099 Commercial and Residential Real Estate and Property Management RFP_No n_C C N ATe m p I a t e_0101/2013 9 1 6 B 2 4. Provide the number of external audit"management comments/letters'received during the past five year (January 1, 2008-December 31, 2012). (number) • Provide a copy of all management comments I letters during that period. 5. Indicate the number of complaints, notices of non- compliance, or citations from the Florida Real Estate Commission. TOTAL Add Items 1 J5 to determine the proposer's Fiscal Stability:' (TOTAL) The consultant/vendor/proposer may supplement information regarding this criterion; however, the County will use the following methodology to score proposals. Prior to the Selection Committee reviewing proposals,the following methodology will be applied to each vendor's information provided in this area: • The County shall total the proposer's Fiscal Stability and create a ranking from lowest total to highest total. Proposers who do not turn in responses In this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest score. • The highest proposer's number of points will be divided by the next highest proposer's points which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a"whole" number(per Microsoft Excel). 4. Tab 4, Fees I Costs(20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Commercial Real Estate Submittals Only Index CostJF:ee lrtforn:iatio _ Response 1. Provide the commercial real estate fee percentage applied to all real estate transactions. (Percent • Provide resumes of the individuals who will be expressed as assigned to complete this scope of service. .xx) Residential Real Estate Submittals Only Index .Cost/Fee,Informat4on Response 1. Provide the residential real estate fee percentage applied to all real estate transactions. 13-8099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_010112013 10 _ _ 16B (Percent • Provide resumes of the individuals who will be expressed as assigned to complete this scope of service. .xx) Property Management Submittals Only . Index h �Irq;�.�liFee I.Qfo�mafinn � k eporlse,:�... 1. Provide the property management hourly rate. • Provide resumes of the individuals who will be (Hourly rate) assigned to complete this scope of service. By discipline/service area and prior to the Selection Committee reviewing proposals the following methodology will be applied to each vendor's information provided in this area: • The County shall total the proposer's Costs and create a ranking from lowest dollar to highest dollar. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest dollar. • The highest proposer's number of dollars will be divided by the next highest proposer's dollars which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a"whole" number(per Microsoft Excel), • See example below of scoring method. 1.PrOpOP.er.NOMe:.,;- Proposer.Total Cost ; Points Awarded, Vendor ABC $2,500 20 Vendor DEF 12,000 4 Vendor GHI 15,500 3 Vendor JKL 15,500 3 Vendor MNO 20,000 3 Vendor PQR 102,000 0 5. Tab 5, Service Information(20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Commercial Real Estate Submittals Only 1. Provide the total number of commercial properties listed in Collier County from January 1, 2008 through December 31, 2012. (Total number of properties 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 11 1682 _ ..._ . _. listed) 2. Provide the total number of commercial properties sold/rented/closed in Collier County from January 1, 20D8 through December 31, 2012. (Total number of properties sold/rented) v '�', � Y,x� ra,s,r a „n e fo •e ., d. r"'• st r r T A es o ( pftrs vt a(�l) nd st ter�tt.0; • z �� x • n d?t. $ �''��. xa.b�' T' uk A A`'" ,s. < C•cry 4 �� ; f ars�`�`'�aY v'"� x+� '��'�.s ,��' ` �'",+",�,, 4 i „�..��k, Residential Real Estate Submittals Only 1. Provide the total number of residential properties listed in Collier County from January 1, 2008 through December 31,2012. (Total number of properties listed) 2. Provide the total number of residential properties sold/rented/closed in Collier County from January 1, 2008 through December 31, 2012. (Total number of properties sold/rented) TOTAL(Add`lin, s]one,(1)plus tv o(2)apd enter th o al;, 4,r tis r ' +,-'y�3; g IN'tl5. �. , `J v�. '„. s Y �^ > z ` ' Tom` ? kti,sa '�t. �v r�Fsa3._ ._< x a k a' : k 3. F" .:. .s�M .. (l $I Property Management Submittals Only Index. $grvice Inf¢ri>ra�atFon , _° , 1. Provide the total number of contracts in place for property managed in Collier County from January 1, 2008 through December 31,2012. (Total number of properties listed) 2. Provide the total number of recurring contracts that the firm has retained. (i.e.the initial contract expired and the firm was rehired for another contract period) (Total number of recurring 1 contracts) TQTAL(Ad I liras ane 1)plus Ivo( ), t ..AL w .' x is:ar �s u 2. m" y wV, .Yf s- 7: Y° tkO'.f' `}'"i' >n 3 5t' S�"' 'aiF�, ;:� �E>`Fm��"' �� ru*�-��..,�.:e �'�e.i�a ...... ..,;'�,.,..«.s��r� :� � : :.(`lwOtal) By discipline/service area and prior to the Selection Committee reviewing proposals the following methodology will be applied to each vendor's information provided in this area: 13-6099 Commercial and Residential Rea)Estate and Property Management RF P_Non_,CCNATemplate_01 D112013 12 16B 2 • The County shall total the proposer's Preliminary Cost Assessment and create a ranking from lowest dollar to highest dollar. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest number of days. • The highest proposer's number of dollars will be divided by the next highest proposer's dollars which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a"whole" number(per Microsoft Excel). 6. Tab 6, References(10 Points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five(5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal, as described below. The County will only use the methodology calculations for the first five(5)references(only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five(5) reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an NIA(or similar notation will be given the score of zero(0)). Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to a"whole"number(per Microsoft Excel). The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 13-6099 Commercial and Residential Real Estate and Property Management R F P_Non_CCNATem plate,_0101/2013 13 16B 2 Girt � y Reference Questionnaire MJminisirataeServices avlsion Purrhasm Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management Reference Questionnaire for: (Name of Company Requesting Reference Information) Name of Individuals Requesting Reference Information Evaluator completing reference questionnaire: Evaluator's Company completing reference: • Email FAX Telephone: Collier County is requesting reference information on firms or their key personnel to be used in the selection of a firm to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10,with 10 representing that you were very satisifed(and would hire the firm/individual again)and 1 representing that you were very unsatisfied(and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored"0." Name of Project Completed by Firm: Project Description Project Start Date(from Notice to Project End Date(2 weeks past Total Number of Days Proceed) implementation) (over Schedule)_^ • Item Criteria Score 1 Ability to manage the project costs(minimize change orders to scope). 2 Ability to maintain project schedule(complete on-time or early). 3 _ Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process(final product turnover; invoices;manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow agency's policies,procedures, rules, regulations,etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemprate_010112013 14 168 7. Tab 7, Local Vendor Preference (10 Points) and Other Information to Submit Complete the following information as requested and return all completed materials below. • Attachment 5: Local Vendor Preference: Firms who do not provide the completed Attachment 5: Local Vendor Preference at the time of submittal shall receive zero(0) points for this criterion. • Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent • of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements 13-6099 Commercial and Residential Real Estate and Property Management RFP Non CCNATemplate_0101/2013 15 16B 2 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website:www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2, Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP, Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as,this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as"mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity,conflict, discrepancy, omission or other error in the RFP,to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 12 Noon, Naples local time, on or before May 16, 2013: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Joanne Markiewicz, Interim Purchasing Director 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 16 16B The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Purchasing/General Services Director,or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one(1) paper copy clearly labeled"Master,"and six(6) electronic media LCD's/DVD's/iump drives) with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180)days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: • 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2, Request for Proposals issued. 3. Subsequent to the closing of proposals,the Procurement Professional will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Professional shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one(1) day in advance of all such meetings. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee,the Procurement Professional will post a notice announcing the date,time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three(3)working days prior to 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate 010112013 17 16B 2 . . the meeting.The Procurement Strategist will also post prior notice of ali subsequent committee meetings and shall endeavor to post such notices at least one (1)day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein,for each proposal to determine committee recommendations.The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts.The Selection Committee's final ranking will be presented to the Board of County Commissioners. The County Commissioners shall determine the final awardees of the three services: commercial real estate, residential real estate and property management firms to be awarded a contract. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11.Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Firm's Experience 20 Tab III, Firm's Fiscal Stability 20 Tab IV, Fees/Costs 20 Tab V, Service Information 20 Tab VI, References 10 Local Vendor Preference 70 TOTAL 10t? . Tie Breaker: In the event of a tie, both in individual scoring and in final ranking,the firm with the lowest paid dollars by Collier County to the vendor(as obtained from the County's financial system)within the last five (5)years will receive the higher individual ranking. If there.is a multiple firm tie in either individual scoring or final ranking,the firm with the lowest volume of work shall receive the higher ranking,the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12.Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by 13-6099 Commemiat and Residential Real Estate and Property Management RFP_Non_CCNATemplate_010112013 18 1 6 B • Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract,the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 13-6099 Commercial and Residential Real Estate and Property Management RF P_Non_CC NATem plate_0101/2013 19 168 2 Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer and to comply. with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with ' This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY • therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the,full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be • by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order • additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services,or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act,' and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_0101/2013 20 1 6.B 2 5. Time Is Of the Essence and transportation shall conform to all • Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification and specifications, shipping instructions, VENDOR shall indemnify and hold harmless quantities and delivery schedules within the the COUNTY from any and all claims, general scope of this Purchase Order, including claims of negligence, costs and Should any such change increase or expenses, including but not limited to decrease the cost of,or the time required for attorneys' fees, arising from, caused by or performance of the Purchase Order, an related to the injury or death of any person equitable adjustment in the price and/or (including but not limited to employees and delivery schedule will be negotiated by the agents of VENDOR in the performance of COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to the foregoing, VENDOR has an affirmative property (including property of the COUNTY obligation to give notice if the changes will or other persons), which arise out of or are decrease costs. Any claims for adjustment incident to the goods and/or services to be by VENDOR must be made within thirty(30) provided hereunder. days from the date the change is ordered or within such additional period of time as may 11. Warranty of Non-Infringement be agreed upon by the parties. VENDOR represents and warrants that all goods sold or services performed under this 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any and/or services covered by this Purchase patent,trademark, copyright or trade secret; Order will conform to the specifications, and c)do not constitute unfair competition. drawings, samples or other descriptions furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless will be of satisfactory material and quality the COUNTY from and against any and all production, free from defects and sufficient claims, including claims of negligence, costs for the purpose intended. Goods shall be and expense, including but not limited to delivered free from any security interest or attorneys' fees, which arise from any claim, other lien,encumbrance or claim of any third suit or proceeding alleging that the party. These warranties shall survive COUNTY'S use of the goods and/or inspection, acceptance, passage of title and services provided under this Purchase Order payment by the COUNTY. are inconsistent with VENDOR'S representations and warranties in section 11 8. Statutory Conformity (a). Goods and services provided pursuant to this Purchase Order, and their production 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 21 16B 2 1 If any claim which arises from VENDOR'S beyond their control, including, but without breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option,procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or majeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of 1 services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the • 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use lax on real property,transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds, • status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination • fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19, General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida 13-0099 Commercial and Residential Real Estate and Property Management RFP,Non_CCNATemplate_0101(2013 22 168 2 b) Failure of the COUNTY to act associated with this Purchase Order in immediately in response to a breach of accordance with Florida Statute Chapter this Purchase Order by VENDOR shall 112.061, Per Diem and Travel not constitute a waiver of breach. Expenses for Public Officers,employees Waiver of the COUNTY by any default and authorized persons. by VENDOR hereunder shall not be e) In the event of any conflict between or deemed a waiver of any subsequent among the terms of any Contract default by VENDOR. Documents related to this Purchase c) All notices under this Purchase Order Order, the terms of the Contract shall be sent to the respective Documents shall take precedence over addresses on the face page by certified the terms of the Purchase Order. To the mail, return receipt requested, by extent any terms and /or conditions of overnight courier service, or by personal this Purchase Order duplicate or overlap delivery and will be deemed effective the Terms and Conditions of the upon receipt. Postage, delivery and Contract Documents, the provisions of other charges shall be paid by the the Terms and/or Conditions that are sender. A party may change its address most favorable to the County and/or for notice by written notice complying provide the greatest protection to the with the requirements of this section. County shall govern. d) The Vendor agrees to reimbursement of any travel expenses that may be • 13-6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATemplate_010112013 23 1 6 B Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required,to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall,where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder"should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment,with the use of Insurance Services Office(ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. The Vendor andfor its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 24 1613 2 notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty(30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work,the Vendor shall furnish to the County renewal or replacement Certificate(s)of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners(BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one(21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County.A sample copy of this contract is available upon request.The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 25 1 6 B _ _ _ _ _ _ 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. invoices shall be sent to: Board of County Commissioners Clerk's Finance Department • ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk c(Dcollierclerk.com. Collier County, in its sole discretion,will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional—payment by check,wire transfer or other cash equivalent. • Standard--payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers(i.e.VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty(60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or 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 contract. Any untimely submission of invoices 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. in instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_010112013 26 168 2 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety • All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site.All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses • The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be •• grounds to deem Vendor non-responsive.A Vendor,with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain"active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at(239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at(239)252- 2477. 10.Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person 13-6099 Commercial and Residential Real Estate and Property Management RFP,Non_CC NATemplate_010112013 27 168 other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11.Relation of County • It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual,firm, or corporation. 12.Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately 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 nonperformance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process,from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Certificate of Authority to Conduct Business in the State of Florida(Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orelsearch.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe,the County reserves the right to award to another firm. 15.Single Proposal Each Vendor must submit, with their proposal,the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 13.6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_010112013 28 16B 2 16.Survivability Bids(ITBsIRFPs):The Consultant/Contractor/Vendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 13-6099 Commercial and Residential Real Estate and Property Management resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 17. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2)calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice,the protesting party will have five(5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 18. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 19.Security and Background Checks If required, Vendor! Contractor/Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports,education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 20. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review 13-6099 Commercial and Residential Real Estate and Property Management R F P_N o n_CC N ATem p l ate_0101 12013 29 1682 _ _ _ _ . ..__.__ _._ _ _ _ _ __ _____ _ _ _ _ and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 21.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, the current Collier County Ethics Ordinance 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. 22. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security(OHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB)and Request for Proposals(RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the"Exceptions to the program"clause above, For additional information regarding the Employment Eligibility Verification System(E-Verify)program visit the following website: http://www,dhs.govlE-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s)receiving an award shall be 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 and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_010112013 30 166 2 - - agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 23. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals,the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. • A "local business"is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor • operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation_ A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. • 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 31 16B : 2 . _ _ _ x�fou Administrative SeMaes Division Purchasing Attachment 1:Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive.Therefore,we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 13-6099 Commercial and Residential Real Estate and Property Management for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work, ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 13-6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATemplale_0101/2013 32 1613 CO ler mity AciminletratheServicesDNislon PurchaSing Attachment 2:Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully,sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. [] Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tarniami Trail E Naples FL 34112 Attn: Joanne Markiewicz, Interim Purchasing Director ❑ The mailing envelope must be sealed and marked with Solicitation 13-6099 Commercial and Residential Real Estate and Property Management and May 16, 2013, 12 Noon, Naples Local Time. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 13-6099 Commercial arid Residential Real Estate and Properly Management RFP_N on_CCNATempiate_0101/2013 33 168 Colt County .• Administrative SeMoes Division • Purthasing Attachment 3:Conflict of Interest Affidavit By the signature below,the firm (employees,officers and/or agents)certifies, and hereby discloses,that, to the best of their knowledge and belief, all relevant facts concerning past, present,or currently planned interest or activity(financial, contractual, organizational, or otherwise)which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm(employees, officers and/or agents)agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: • Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by who is personally known to me to be the • for the Firm, OR who produced the following identification Notary Public • My Commission Expires 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATempla(e 0101/2013 34 16ierc, SenteaIsbn 6 2 Purchasitig Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County,for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management. (Proposal Continued on Next Page) 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_0101/2013 35 1662. . . PROPOSAL CONTINUED • IN WITNESS WHEREOF,WE have hereunto subscribed our names on this day of ,20 in the County of ,in the State of Firm's Legal Name: Address: City,State,Zip Code: Florida Certificate of Authority Document Number: Federal Tax identification Number CCR#or CAGE~ Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City,State,ZIP Telephone: • FAX: • Email: __ Office servicing Collier County to place orders (required if different from above) Contact name: • Title: Address: City,State,ZIP • Telephone: Email 13-8099 Commercial and Residential Real Estate and Property Management RF P_Non_CCNATemplate_010112013 36 16B2 „ . co - AdSerViCeS MilliStratttee Puha Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management (Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business El Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A"local business"is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing,a vendor shall not be considered a'local business"unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way, This may include, but not be limited to,the retention and expansion of employment opportunities,thesupport and increase to either Collier or Lee County's tax base,and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business"under this section. Vendor must complete the following information: Year Business Established in['Collier County or 0 Lee County: Number of Employees(Including Owner(s)or Corporate Officers): Number of Employees Living in 0 Collier County or❑ Lee(Including Owner(s)or Corporate Officers): If requested by the County,vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑LEE COUNTY Sworn to and Subscribed Before Me,a Notary Public,for the above State and County,on this Day of ,20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 13.6099 Commercial and Residential Real Estate and Property Management RFP_Nort CCNATemplate_0101/2013 37 166 2 _ . _ Cofer County Adrnlristraiive Swims Division r'u,th • Attachment 6:immigration Affidavit Certification Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals(RFP)submittals. Further,Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program,may deem the Vendor!Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration • at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20 ,by who has produced as identification, (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_0101/2013 38 168 ?_ _ ler COM Ackninistaritive servicestMsten purthesirg Attachment 7:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information(provide all information) Taxpayer Name (as shown on income tax return) Business Name {rf different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit f Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status(check only one) Individual 1 Sole Proprietor _Corporation .Partnership Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (0=Disregarded Entity, C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for fax reporting purposes only) Federal Tax Identification Number(TIN) i (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification:Under penalties of perjury,I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemptate_D101/2013 39 68 Cotgr Catoity Administrative Se{vines Division Purchasing Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes,Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ®Employer's Liability $500,000 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence,$2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law,the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,damages, losses and costs,including, but not limited to,reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/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. 4. ®Automobile Liability $500.000 Each Occurrence;Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. 0 Other insurance as 0 Watercraft $ _Per Occurrence noted: ❑United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence 0 Pollution $ Per Occurrence ® Professional Liability $1.000,000 Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate 16B2. . _ . . --- >k •• . ^ 1 • ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000,bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award,and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however,the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size • category and the amount required shall not exceed 5%of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc.of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ►1 Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 13-6099 Commercial and Residential Real Estate and Properly Management RFP_Non CCNATemplate_0101/2013 41 _ _ 1 6 B_ _ _ 2 :U th' COWIL ► Email: joannemarkiewicz@colliergov.net Administrative Services Division Telephone: (239)252-8975 purc}irvi FAX: (239) 252-8340 asinAddendum 1 Date: 5/3/13 From: Joanne Markiewicz, Interim Purchasing Director To: Interested Suppliers Subject: 13-6099 Commercial and Residential Real Estate and Property Management The following clarification is made to the above mentioned Collier County solicitation: 1. Page 3: Bold and underlined language added;strikethrough language modified: - - -- - - - - -- - - • - •- - - . : •- _. cAirport ••_•.::••:- , .. , -- . .. - e-: - . . ,•- •-- •• -rvice--structures and-pf: ___ •••_•e- _ . - e-scribed in the Scope of Work. Services to be provided may include: residential and commercial (including industrial) • real estate and property management firms to assist the county with the purchase sale, lease and management of the county's significant real estate holdings. 2. Page 18, Item 7: Bold and underlined language added; strikethrough language modified: The committee will compile individual rankings,based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations.The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final staff recommendation will be decided based on review of scores and consensus of the committee. The Selection Committee's final ranking will be presented to the Board of County Commissioners. The County Commissioners shall determine the final awardees of the three services: commercial/industrial real estate, residential real estate and property management firms to be awarded a contract. 3, Please describe the County's real estate portfolio'? Answer: Please refer to the question, and response at the Online Bidding System. 16B 2 Addendum 1 13-6099 Commercial and Residential Real Estate and Property Management Page 2 4. Please provide more detail on the expected scope of work for the Airport? Please provide more information the airport itself and any"gaps? Answer:The Board of County Commissioners has recently issued a solicitation for consulting services for an Airport Management Consultant;the recommendation for an award will be taken before the Commissioner in late May 2013. More specific information on the airport may be found at http://www.colliergov.net/index.aspx?page=20, 5. Please further describe the residential real estate uses and needs? Answer: The County attempts to acquire easements via donations. In the event the County is unsuccessful, the County acquires fee and easement interests for above ground and below ground infrastructure for parks, public utilities, roads, libraries, Conservation Collier, EMS, Solid Waste, Beach renourishment,Tax Collector, Property Appraiser,etc. 6. Please describe the real estate transactions(acquisition & disposition)which took place during 2012 and 2013 to date. Answer: In fiscal year 2012,the County's Real Estate and Property Management office acquired 52 property interests(fee and easement)valued in excess of$548,398(paid $307,853 in compensation) as follows: • Three(3)for Parks& Recreation including Bolit canals/reservoir,Ann Olesky Park and Bluebill sewer from CC to CCWSD; • Thirty six(36)for Public Utilities including reclaimed water, master pump stations, sewer lines,groundwater monitoring,future well field ; • Thirteen (13) properties classified as Other: Temporary Construction Easements and Rights-of-Entry for Hammerheads and Designated Driveways, easements and Bills of Sale between Collier County&Collier County Water&Sewer District, fee land purchase for Immokalee CRA. In fiscal year 2012, the County's Real Estate and Property Management processed fifty-nine (59) sales &easements that consisted of the following: sold NSP properties, processed FPL& LCEC easements, easements between Collier County& Collier County Water& Sewer District. Fiscal year 2013 to data, there have been nineteen(19)transactions. 16B. . _ _ 2 Addendum 1 13-6099 Commercial and Residential Real Estate and Property Management Page 3 7. Does the County's overall strategy include using real estate as a revenue-raising(i.e., sale- leasebacks). Answer: In the past, the County has sold surplus properties that were no longer needed for County projects. The sales process is governed by Florida Statutes. 8. Is a partnership comprising the real estate vendor acceptable(i.e.,.two firms joining together for his account work)? Answer: In this solicitation,there is nothing that precludes two firms from "jointly" establishing a relationship as long as that relationship is well documented and • acknowledged by both companies in the proposal. 9. Does the County consider overall asset performance in the evaluation of vendors? IE— Energy performance/quality of preventive maintenance I quality of facility safety programs? Answer: Evaluation criteria (and points)for this solicitation is identified on pages 7-15. There is nothing that precludes a proposer from identifying this information to assist the Selection Committee members with the overall evaluation of the proposer. • • • Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) 1682 . . „. ... . ... • .. . . ....1, . , • . • i 1 i 1 i � f i i a t* 64;: Q # w- Q *' �✓ wYi �' 'W +A,k,s , W §di:A�73} - 0 O ��0 }, a q3 q't a�31ar ,,,,-.:',-,„‘;!,1-.....;:i..' „-„-..., 0 5, ta,,,, to C tCrR i6 } 0,1 a Pt ti 1 t , �:',S `� o` Q ,'siryo „� ,h N 4111 1 13 2s m . '` • 1 is is oa ,* 41 eT r: 4S' :s d1 x IC' a54 3 a� ys G G. 1:3.14Z 8-irAFiiiigtiii. wNa ''''.14-4,164,..1:1.� 'ct i 31,41,1. C R CU c�r; Q• i lfi"lit "fag IC /: jr4 ti�' tp d0'' st ti F%t' )SI (� .TilU r�fi; ,.y F to Q1 w,,, : ..4.' 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