Agenda 09/22/2015 Item #16A18 Proposed Agenda Changes
Board of County Commissioners Meeting
September 22,2015
Move Item 16A18 to Item 111: Recommendation to approve the
award of RFP #15-PRC-02910 15-6432 "Real Estate Appraisal
Services" to the selected firms as set forth. (Commissioner Taylor's
request)
Time Certain Requests:
Item 11A to be heard at 11:00 a.m.
I
9/22/2015 8:31 AM
9/22/2015 16.A.18.
EXECUTIVE SUMMARY
Recommendation to approve the award of RFP #15-PRC-02910 15-6432 "Real Estate Appraisal
Services" to the selected firms as set forth.
OBJECTIVE: To establish a current list of qualified,pre-approved, real estate appraisal firms to provide
real estate appraisal and consulting services for the County through professional service agreements.
CONSIDERATIONS: The Right of Way Acquisition Division of the Growth Management Department
and the Real Property Management Department of the Facilities Management Department are responsible
for the acquisition, transfer, modification and disposal of various real property interests relating to a wide
variety of County activities (right of way acquisition for road/stormwater/utility projects, Conservation
Collier acquisitions, land swaps, etc). While in-house staff can accomplish many of the day-to-day
valuation needs associated with these activities it is often necessary to utilize outside appraisers for large
multi-parcel projects, complex valuation assignments and litigation related appraisal tasks. Many County
land acquisitions require condemnation-type appraisals where the appraiser must be familiar with eminent
domain law and expert in condemnation related report requirements and damage issues. For these reasons
it is important to maintain a Iist of qualified appraisal experts, under professional service agreements.
Staff posted the "Real Estate Appraisal Services" solicitation on March 30, 2015 with a due date of May
4, 2015. 164 email notices were sent to perspective appraisal firms regarding this solicitation. 16
completed application packages were received and reviewed by the Selection Committee. After careful
consideration the following 10 firms were selected and professional service agreements were offered and
accepted:
ARC Realty Advisors, Inc Maxwell, Hendry& Simmons,LLC
Capstone Valuation Advisors. LLC RKL Appraisal and Consulting, PLC
Cardo Appraisal Group,LLC Stephen, Cole &Associates, LLC
Carlson,Norris and Associates, Inc T.A. Tippett,Inc
Kenneth R. Devos, MAI,SRA Wilcox Appraisal Services,Inc
Once these professional service agreements receive Board approval, County staff will be able to select
appraisers for specific assignments after gathering at least three (3) "not to exceed" quotes (tied to the
varying hourly rates specified in the agreements) relating to the appraisal services being requested.
Consideration will also be given to any unique circumstances surrounding the specific assignment with
respect to time constraints, particular skill sets or geographic proximity, etc. All else being equal. the
fine tendering the lowest"not to exceed" fee quote will be granted the assignment.
FISCAL IMPACT: Funds for these services shall come from various department project budgets where
real estate appraiser services are required. The aggregate annual fiscal impact from approval of these
agreements is estimated to be approximately $600,000 in appraisal fees reflecting the relatively large
number of projects which will require appraisal services in upcoming years.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
recommendation.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -ERP
Packet Page-783-
9/22/2015 16.A.18.
RECOMMENDATION: That the Board approve the attached professional service agreements for"Real
Estate Appraisal Services"as chosen by the Selection Committee.
Prepared by: Harry Henderson, SRA,Review Appraiser, ROW Acquisitions Division, Growth
Management Department
Attachments: 1) 10 Agreements-signed; 2) Solicitation document
Packet Page -784-
9/22/2015 16.A.18.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.18.
Item Summary: Recommendation to approve the award of RFP#15-PRC-02910 15-6432
"Real Estate Appraisal Services" to the selected firms as set forth.
Meeting Date: 9/22/2015
Prepared By
Name: HendersonHarry
Title: Review Appraiser, Growth Management Department
8/25/2015 9:52:03 AM
Submitted by
Title: Review Appraiser, Growth Management Department
Name: HendersonHarry
8/25/2015 9:52:04 AM
Approved By
Name: EvelynColon
Title: Purchasing-Procurement Specialist
Date: 8/25/2015 2:31:24 PM
Name: BoschRobert
Title: Operations Analyst, Senior, Growth Management Department
Date: 8/25/2015 5:45:22 PM
Name: AhmadJay
Title: Division Director-Transportation Eng. Growth Management Department
Date: 8/26/2015 7:26:06 AM
Name: HerreraSandra
Title: Manager-Procurement. Administrative Services Department
Date: 8/26/2015 11:14:59 AM
Name: MarkiewiczJoanne
Packet Page -785-
9/22/2015 16.A.18.
Title: Division Director-Procurement Services, Administrative Services Department
Date: 8/27/2015 10:34:44 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Growth Management Department
Date: 8/27/2015 2:02:20 PM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 8/27/2015 5:57:56 PM
Name: LynchDiane
Title: Supervisor-Operations, Growth Management Department
Date: 8/27/2015 6:39:31 PM
Name: KearnsAllison
Title: Manager Financial &Operational Support, Growth Management Department
Date: 8/31/2015 8:43:59 AM
Name: PepinErnily
Title: Assistant County Attorney, CAO Litigation
Date: 8/31/2015 10:28:21 AM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 8/31/2015 11:03:58 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/1/2015 11:41:43 AM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 9/3/2015 11:37:S2 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/9/2015 10:47:09 AM
Packet Page-786-
9/22/2015 16.A.18.
AGREEMENT15-6423
for
Real Estate Appraisal Services
THIS AGREEMENT,made and entered into on this, day of 2015,by
and between Stephan, Cole & Assoicates, LLC, authorized to do business in the State of
Florida, whose business address is 4560 Via Royale, Suite 2, Fort Myers, FL 33919, (the
"Consultant") and Collier County, a political subdivision of the State of Florida, (the
"County"):
W'ITNESSETH:
I. CONTRACT TERM. The Agreement shall be for a one (1) year period, commencing
on Date of Board award and terminating one (1)year from that date,or until such time
as all outstanding Purchase Orders issued prior to the expiration of the Agreement
period have.been completed or terminated.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Consultant written notice
of the County's intention to renew the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to 180 days.
The County Manager, or his designee, shall give the Consultant written notice of the
County's intention to extend the Agreement term not less than thirty (30) days prior to
the end of the Agreement term then in effect.
2. COMMENCEMENT. In accordance with this Agreement and with RFP 15-6423 "Real
Estate Appraisal Services," the Consultant shall commence services, hereinafter
"Work," upon approval by the County Project Manager, or Designee, and the issuance
of a Purchase Order.
3. STATEMENT OF WORK. The Board of County Commissioners deemed ten (10) firms
to be pre-qualified and awarded an Agreement to each firm. Each awardee will enter
into an Agreement to provide complete services for real estate appraisal services on an
as-needed basis as may be required by the County.
Page I 1
#15-6423-Real Estate Appraisal Services
Consultant-Stephan,Cole&Assoicates,LLC
Th
Packet Page-787- (4.
9/22/2015 16.A.18.
3.1 The Consultant shall provide real estate appraisal services in accordance
with Exhibit "A" Scope of Services as attached, the terms and conditions of Request
for Proposal (RFP) #15-6423 and the Consultant's proposal,which is referred to herein
and made an integral part of this Agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Parties, in compliance with the County
Procurement Ordinance and Procurement Procedures in effect at the time such
services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the
Consultant that any Work will be awarded to the Consultant. Rather, this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next
paragraph and all Work undertaken by Consultant for the County pursuant to this
Agreement and that procedure during the term and any extension of the term of this
Agreement.
3.2.1 Prior to the issuance of a Purchase Order, the County Project
Manager, or Designee, shall solicit competitive quotes from a minimum of three (3)
Consultants currently under contract and provide a summary of Work to be
performed. The County reserves the right to select a Consultant for a project that
might have had prior experience with that parcel and for reasons that are in the best
interest of the County. The Consultants' will respond with the information sought
within seven (7) working days; the County will negotiate favorable terms and
conditions, and issue a numbered Purchase Order to initiate the Work. In each
Request for Quotation, the County reserves the right to specify: the period of
completion; deduction of non-performance and in the event of late completion; and
time and materials or lump sum.
4. COMPENSATION: The County shall pay the Consultant for the performance of this
Work pursuant to the prices offered by the Consultant in response to RFP# 15-6423 per
Exhibit B,attached herein and incorporated by reference or subsequent quotes.
4.1 The Consultant shall be paid upon completion or partial completion of
the work tasks as accepted and approved by the County Project Manager, or Designee,
together with the Travel and Reimbursement Expenses as defined in this Agreement.
Payments shall be made to the Consultant when requested as services are rendered,
but not more frequently than once per month, on an estimated percentage complete
for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will
be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla.
Stats.,otherwise known as the"Local Government Prompt Payment Act".
Page 12
#15-6423-Real Estate Appraisal Services
Consultant-Stephan,Cole&Assoicates,LLC
Packet Page -788- '�
9/22/2015 16.A.18.
4.1.1 The time reported by the Consultant to perform specific Work related to
litigation is subject to final approval by the County Attorney/Assistant County
Attorney, or by an attorney employed by and representing the County. Consultant's
invoice must contain a description of the service provided, project and parcel number
(or name),and the amount of fee payable.
4.1.2 Travel and Reimbursable Expenses must be approved in advance in
writing by the County Project Manager, or Designee. Travel expenses shall be
reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties
are expressly excluded.
Reimbursements shall be at the following rates:
Mileage $0.445 per mile
Breakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard-size vehicles
Lodging Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
night
Parking Actual cost of parking
Taxi or Airport Actual cost of either taxi or airport
Limousine limousine
4.1.2.1 Reimbursable items other than travel expenses shall be limited to
the following: telephone long-distance charges, fax charges, photocopying charges
and postage. Reimbursable items will be paid only after Consultant has provided all
receipts. Consultant shall be responsible for all other costs and expenses associated
with activities and solicitations undertaken pursuant to this Agreement.
4.1.2.2 Expenses of transportation and living when traveling in
connection with each Purchase Order, except for local travel within Collier or Lee
Counties, as provided in Section 112.061, F.S., and all Agreement-related mileage for
trips that are from/to destinations outside of Collier or Lee Counties as approved in
advance by the County Project Manager,or Designee.
4.3 Payments will be made for services furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within six
(6) months after completion of Agreement. Any untimely submission of invoices
Page 13
#15-6423-Real Estate Appraisal Services
Consultant-Stephan,Cole&Assoicates,LLC
Packet Page -789-
9/22/2015 16.A.18.
beyond the specified deadline period is subject to non-payment under the legal
doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with
respect to the timely submission of invoices under this Agreement.
5. COMPLETION/CORRECTION: All appraisal reports provided to the County are
required to comply with the current Uniform Standards of Professional Appraisal
Practice (USPAP) and the Collier County Supplemental Appraisal Standards attached
as Exhibit A in RFP 15-6423. Any non-appraisal activities shall be compliant with
respect to the consulting standards in USPAP and consistent with the specified
sumn-iaiy of Work for the assignment. If a substantially completed written appraisal
report (original) is delivered to the County by the due date, or by a date mutually
agreed upon, but which report fails to comply with the Uniform Standards of
Professional Appraisal Practice (USPAP), or which report contains errors or omissions
from within either the body or the addenda, Consultant shall, within fourteen (14)
calendar days from the date of notification by the County Project Manager, furnish
such corrected and/or additional pages which will bring the appraisal report into
compliance with the USPAP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Consultant within said
fourteen (14) day period. Nor shall Consultant charge the County any additional fees
from bringing written appraisal reports into compliance with the USPAP,for correcting
any errors,or for providing previously omitted materials.
6. DEDUCTIONS FOR NON-PERFORMANCE: It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would
be forfeited by the Consultant and that the following schedule 'shall govern the
deduction for late performance:
6.1 In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Consultant by seven percent (7%) for each
week,or portion thereof,for every week the services are past due; or
6.2 In the event that circumstances beyond the control of Consultant cause
completion of the services to be delayed beyond the due date as set forth in a County
Purchase Order, and prior to said due date there is a mutual understanding between
the parties to this Agreement that such delays were beyond the control of Consultant,
the County Manager or designee may issue an written extension of the due date
without penalty deduction. Said extension shall cite the reason for delay in completion
of the appraisal report and shall set a new due date for submission of the report.
Deductions as described above shall apply to the revised due date.
7. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
Page 4
#15-6423-Real Estate Appraisal Services
Consultant-Stephan,Cole&Assoicates,LLC
Packet Page -790- J.
9/22/2015 16.A.18.
of Florida,is exempt from the payment of Florida sales tax to its vendors under Chapter
212,Florida Statutes,Certificate of Exemption#85-8015966531C-2.
8. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Stephan,Cole&Assoicates,LLC
4560 Via Royale, Suite 2
Fort Myers,FL 33919
Attention:William W. Cole
Telephone:239-9364041
Fax 239-936-3141
Email:billcole@stephen-cole.com
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail,East
Naples,Florida 34112
Attention:Joanne Markiewicz,Director,Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
9. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. The
County will not be obligated to pay for any permits obtained by SubConsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Consultant The Consultant shall also be solely
responsible for payment of any and all taxes levied on the Consultant In addition, the
Consultant shall comply with all rules,regulations and laws of Collier County, the State
of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant
Page 5
#15-6423-Real Estate Appraisal Services
Consultant-Stephan,Cole&Assoicates,LLC
Packet Page -791-
9/22/2015 16.A.18.
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Consultant.
11. NO IMPROPER USE. The Consultant will not use,nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper,immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
12. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
In the event that the County terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Consultant shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
13. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race,sex,color,creed or national origin.
14. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
Page 6
#15-6423-Real Estate Appraisal Services
Consultant-Stephan,Cole&Assoicates,LLC
Packet Page -792- Lc:' ,
9/22/2015 16.A.18.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of ten (10) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all sub-Consultants comply with the same insurance
requirements that the Consultant is required to meet.
15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
15.1 The duty to defend under this Article 15 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Consultant, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Consultant. Consultant's obligation to indemnify and defend
Page 7
#15-6423-Real Estate Appraisal Services
Consultant-Stephan,Cole&Assoicates,LLC
Packet Page -793- ,�
9/22/2015 16.A.18.
under this Article 15 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the County or
an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Growth Management Department.
17. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit "A" Scope of Services, Exhibit "B" Rate Schedule, Consultant's
Proposal, Insurance Certificate(s), RFP # 15-6423, "Real Estate Appraisal Services"
including any Addenda and exhibits, and subsequent Quotations/Purchase Orders.
19. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
20. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
21. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Consultant is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances,rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida
Page 8
#15-6423-Real Estate Appraisal Services
Consultant-Stephan,Cole&Assoicates,LLC
l
Packet Page -794- � `
9/22/2015 16.A.18.
Public Records Law Chapter 119 (including specifically those contractual requirements
at F.S. §119.0701(2)(a)-(d) and (3))) stated as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the Consultant to comply
with public records laws,specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Consultant upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
(3) If a Consultant does not comply with a public records request, the public agency
shall enforce the contract provisions in accordance with the contract.
If Consultant observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Consultant to comply with the
laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
23. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
24. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
Page 19
#15-6423-Real Estate Appraisal Services
Consultant-Stephan,Cole&Assoicates,LLC
Packet Page-795- �� ^��
9/22/2015 16.A.18.
25. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties,the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Consultant with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102,Ha. Stat.
26. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
27. CONTRACT STAFFING. The Consultant's personnel and management to be utilized
for this agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the contract. The Consultant
shall assign as many people as necessary to complete the required services on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
28. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal, the Consultant's
Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
29. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Consultant does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Consultant all of the
obligations and responsibilities that Consultant has assumed toward the County.
Page 10
#15-6423-Real Estate Appraisal Services
Consultant-Stephan,Cole&Assoicates,LLC
Packet Page Page -796-
9/22/2015 16.A.18.
IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized
person or agent,have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLORIDA
Dwight E. Brock,Clerk of Courts
By: By:
Tim Nance,Chairman
Dated:
(SEAL)
Stephan,Cole &Assoicates,LLC
Consultant
By:
Consultant's First Witness Signature
Type/print signature and title
Type/print witness name
Consultant's Second Witness
Type/print witness name
Approved as to Form and Legality:
Assistant County Attorney
Print Name
Page 111
#15-6423-Real Estate Appraisal Services
Consultant-Stephan,Cole&Assoicates,LLC
i c \
Packet Page -797- V. I
9/22/2015 16.A.18.
EXHIBIT "A"- SCOPE OF SERVICES
Services to be provided by the Consultant may include,but are not limited to the following:
• Developing and reporting of real estate appraisals as described above.
• Undertaking and reporting on the results of damages studies.
• Attending and consulting at mediation and settlement conferences.
• Testifying in eminent domain proceedings (hearings,depositions and trials).
• Performing market rate and rent studies.
• Site selection studies and related consultation.
It shall be understood and agreed that any and all services, materials and equipment shall
comply fully with all Local,State and Federal laws and regulations.
Page J 12
#15-6423-Real Estate Appraisal Services
Consultant-Stephan,Cole&Assoicates,LLC
Packet Page -798- ,'
9/22/2015 16.A.18.
EXHIBIT"B"- RATE SCHEDULE
Category Rate Per Hour
Stephen,Cole&Associates $150.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed.
Page 113
#15-6423-Real Estate Appraisal Services
Consultant-Stephan,Cole&Assoicates,l IF
Packet Page -799-
9/22/2015 16.A.18.
AG REEMENT15-6423
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this day of 2015,by
and between ARC Realty Advisors, Inc., authorized to do business in the State of Florida,
whose business address is 4795 Enterprise Avenue, Suite 100, Naples, FL 34104, (the
"Consultant") and Collier County, a political subdivision of the State of Florida, (the
"County'):
WITNESSETH:
1. CONTRACT TERM. The Agreement shall be for a one (1) year period, commencing
on Date of Board award and terminating one (1) year from that date, or until such time
as all outstanding Purchase Orders issued prior to the expiration of the Agreement
period have been completed or terminated.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Consultant written notice
of the County's intention to renew the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to 180 days.
The County Manager, or his designee, shall give the Consultant written notice of the
County's intention to extend the Agreement term not less than thirty (30) days prior to
the end of the Agreement term then in effect.
2. COMMENCEMENT. In accordance with this Agreement and with RFP 15-6423 "Real
Estate Appraisal Services," the Consultant shall commence services, hereinafter
"Work," upon approval by the County Project Manager, or Designee, and the issuance
of a Purchase Order.
3. STATEMENT OF WORK. The Board of County Commissioners deemed ten (10) firms
to be pre-qualified and awarded an Agreement to each firm. Each awardee will enter
Page 1
#15-6423-Real Estate Appraisal Services
Consultant-ARC Realty Advisors,Inc.
Packet Page -800-
9/22/2015 16.A.18.
into an Agreement to provide complete services for real estate appraisal services on an
as-needed basis as may be required by the County.
3.1 The Consultant shall provide real estate appraisal services in accordance
with Exhibit "A" Scope of Services as attached, the terms and conditions of Request
for Proposal (RFP) #15-6423 and the Consultant's proposal,which is referred to herein
and made an integral part of this Agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Parties, in compliance with the County
Procurement Ordinance and Procurement Procedures in effect at the time such
services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the
Consultant that any Work will be awarded to the Consultant. Rather, this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next
paragraph and all Work undertaken by Consultant for the County pursuant to this
Agreement and that procedure during the term and any extension of the term of this
Agreement.
3.2.1 Prior to the issuance of a Purchase Order, the County Project
Manager, or Designee, shall solicit competitive quotes from a minimum of three (3)
Consultants currently under contract and provide a summary of Work to be
performed. The County reserves the right to select a Consultant for a project that
might have had prior experience with that parcel and for reasons that are in the best
interest of the County. The Consultants' will respond with the information sought
within seven (7) working days; the County will negotiate favorable terms and
conditions, and issue a numbered Purchase Order to initiate the Work. In each
Request for Quotation, the County reserves the right to specify: the period of
completion; deduction of non-performance and in the event of late completion; and
time and materials or lump sum.
4. COMPENSATION. The County shall pay the Consultant for the performance of this
Work pursuant to the prices offered by the Consultant in response to RFP# 15-6423 per
Exhibit B, attached herein and incorporated by reference or subsequent quotes.
4.1 The Consultant shall be paid upon completion or partial completion of
the work tasks as accepted and approved by the County Project Manager, or Designee,
together with the Travel and Reimbursement Expenses as defined in this Agreement.
Payments shall be made to the Consultant when requested as services are rendered,
but not more frequently than once per month, on an estimated percentage complete
for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will
be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla,
Stats., otherwise known as the "Local Government Prompt Payment Act".
Page ( 2
#15-6423-Real Estate Appraisal Services
Consultant-ARC Realty Advisors,Inc.
Packet Page -801-
9/22/2015 16.A.18.
4.1.1 The time reported by the Consultant to perform specific Work related to
litigation is subject to final approval by the County Attorney/Assistant County
Attorney, or by an attorney employed by and representing the County. Consultant's
invoice must contain a description of the service provided, project and parcel number
(or name), and the amount of fee payable.
4.1.2 Travel and Reimbursable Expenses must be approved in advance in
writing by the County Project Manager, or Designee. Travel expenses shall be
reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties
are expressly excluded.
Reimbursements shall be at the following rates:
Mileage $0.445 per mile
Breakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard-size vehicles
Lodging Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
night
Parking Actual cost of parking
Taxi or Airport Actual cost of either taxi or airport
Limousine limousine
4.1.2.1 Reimbursable items other than travel expenses shall be limited to
the following: telephone long-distance charges, fax charges, photocopying charges
and postage. Reimbursable items will be paid only after Consultant has provided all
receipts. Consultant shall be responsible for all other costs and expenses associated
with activities and solicitations undertaken pursuant to this Agreement.
4.1.2.2 Expenses of transportation and living when traveling in
connection with each Purchase Order, except for local travel within Collier or Lee
Counties, as provided in Section 112.061, F.S., and all Agreement-related mileage for
trips that are from/to destinations outside of Collier or Lee Counties as approved in
advance by the County Project Manager, or Designee.
4.3 Payments will be made for services furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within six
Page 3
#15-642.3-Real Estate Appraisal Services
Consultant-ARC Realty.Advisors,Inc.
Packet Page -802-
9/22/2015 16.A.18.
(6) months after completion of Agreement 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. COMPLETION/CORRECTION. All appraisal reports provided to the County are
required to comply with the current Uniform Standards of Professional Appraisal
Practice (USPAP) and the Collier County Supplemental Appraisal Standards attached
as Exhibit A in RFP 15-6423. Any non-appraisal activities shall be compliant with
respect to the consulting standards in USPAP and consistent with the specified
summary of Work for the assignment. If a substantially completed written appraisal
report (original) is delivered to the County by the due date, or by a date mutually
agreed upon, but which report fails to comply with the Uniform Standards of
Professional Appraisal Practice (USPAP), or which report contains errors or omissions
from within either the body or the addenda, Consultant shall, within fourteen (14)
calendar days from the date of notification by the County Project Manager, furnish
such corrected and/or additional pages which will bring the appraisal report into
compliance with the USPAP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Consultant within said
fourteen (14) day period. Nor shall Consultant charge the County any additional fees
from bringing written appraisal reports into compliance with the USPAP,for correcting
any errors, or for providing previously omitted materials.
6. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence, The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would
be forfeited by the Consultant and that the following schedule shall govern the
deduction for late performance:
6.1 In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Consultant by seven percent (7%) for each
week, or portion thereof,for every week the services are past due; or
6.2 In the event that circumstances beyond the control of Consultant cause
completion of the services to be delayed beyond the due date as set forth in a County
Purchase Order, and prior to said due date there is a mutual understanding between
the parties to this Agreement that such delays were beyond the control of Consultant,
the County Manager or designee may issue an written extension of the due date
without penalty deduction. Said extension shall cite the reason for delay in completion
of the appraisal report and shall set a new due date for submission of the report.
Deductions as described above shall apply to the revised due date.
Page I 4
#15-6423-Real Estate Appraisal Services
Consultant-ARC Realty Advisors,Inc.
Packet Page -803-
9/22/2015 16.A.18.
7. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
of Florida,is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes, Certificate of Exemption#85-8015966531C-2.
8. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
ARC Realty Advisors,Inc.
4795 Enterprise Avenue,Suite 100
Naples, FL 34104
Attention:Julian L.H. Stokes, Sr. MAI, CRE, CCIM
Telephone:239-250-1421
Fax: 239-263-0452
Email:jstokes @arcra.com
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
Attention:Joanne Markiewicz, Director,Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
9. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. The
County will not be obligated to pay for any permits obtained by SubConsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Consultant. The Consultant shall also be solely
responsible for payment of any and all taxes levied on the Consultant. In addition, the
Page 5
#15-6423-Real Estate Appraisal Services
Consultant-ARC Realty Advisors,Inc.
Packet Page -804-
9/22/2015 16.A.18.
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
11. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper,immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
12. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
In the event that the County terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Consultant shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
13. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
14. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Page 6
#15-6423-Real Estate Appraisal Services
Consultant-ARC Realty Advisors,Inc
Packet Page -805- .
9/22/2015 16.A.18.
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.
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 mariner, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all sub-Consultants comply with the same insurance
requirements that the Consultant is required to meet.
15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
Page 7
#15-6423-Real Estate Appraisal Services
Consultant-ARC Realty Advisors,Inc.
Packet Page -806-
9/22/2015 16.A.18.
15.1 The duty to defend under this Article 15 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Consultant, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Consultant. Consultant's obligation to indemnify and defend
under this Article 15 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the County or
an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Growth Management Department.
17. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit "A" Scope of Services, Exhibit "B" Rate Schedule, Consultant's
Proposal, Insurance Certificate(s), RFP # 15-6423, "Real Estate Appraisal Services"
including any Addenda and exhibits, and subsequent Quotations/Purchase Orders.
19. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
20. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
21. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Consultant is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
Page 18
#15-6423-Real Estate Appraisal Services
Consultant-ARC Realty Advisors,Inc
Packet Page -807-
9/22/2015 16.A.18.
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553,Florida Statutes), and the Florida
Public Records Law Chapter 119 (including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(d)and (3))) stated as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the Consultant to comply
with public records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by Iaw.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Consultant upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
(3) If a Consultant does not comply with a public records request, the public agency
shall enforce the contract provisions in accordance with the contract.
If Consultant observes that the Contract Documents are at variance
promptly notify ariance therewith, it shall
p p the County in writing. Failure by the Consultant to comply with the
laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
Page I 9
#15-6423-Real Estate Appraisal Services
Consultant-ARC Realty Advisors,Inc.
Packet Page -808-
9/22/2015 16.A.18.
23. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
24. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract incompliance with the Purchasing Ordinance and Purchasing Procedures.
25. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Consultant with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
26. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
27. CONTRACT STAFFING.The Consultant's personnel and management to be utilized
for this agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the contract. The Consultant
shall assign as many people as necessary to complete the required services on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
28. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal, the Consultant's
Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
29. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Page 110
#15-6423—Real Estate Appraisal Services
Consultant-ARC Realty Advisors,Inc.
Packet Page -809- �'
9/22/2015 16.A.18.
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.
IN WITNESS WHEREOF, the parties hereto,have each, respectively,by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tim Nance, Chairman
Dated:
(SEAL)
ARC Realty Advisors,Inc.
Consultant
By:
Consultant's First Witness Signature
Type/print witness name Type/print signature and title
Consultant's Second Witness
Type/print witness name
Approved as to Form and Legality:
tI-
Assistant County Attorney
Print Name
Page 111
#15-6423-Real Estate Appraisal Services
Consultant-ARC Realty Advisors,Inc.
Packet Page -810- �'
9/22/2015 16.A.18.
EXHIBIT "A" -SCOPE OF SERVICES
Services to be provided by the Consultant may include,but are not limited to the following:
• DeveIoping and reporting of real estate appraisals as described above.
• Undertaking and reporting on the results of damages studies.
• Attending and consulting at mediation and settlement conferences.
• Testifying in eminent domain proceedings (hearings, depositions and trials).
• Performing market rate and rent studies.
• Site selection studies and related consultation.
It shall be understood and agreed that any and all services, materials and equipment shall
comply fully with all Local,State and Federal laws and regulations.
Page 12
#15-6423-Real Estate Appraisal Services
Consultant-ARC Realty Advisors,Inc,
Packet Page -811-
9/22/2015 16.A.18.
EXHIBIT"B" -RATE SCHEDULE
Category Rate Per Hour
Appraisals $75
Litigation $150
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed.
Page 13
#15-6423-ReaI Estate Appraisal Services
Consultant-ARC Realty Advisors,Inc.
Packet Page -812-
9/22/2015 16.A.18.
AGREEMENT15-6423
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this day of 2015, by
and between Capstone Valuation Advisors, LLC, authorized to do business in the State of
Florida, whose business address is 2575 Northbrooke Plaza Drive, Suite 201, Naples, FL
34119, (the "Consultant") and Collier County, a political subdivision of the State of Florida,
(the "County"):
WITNESSETH:
1. CONTRACT TERM. The Agreement shall be for a one (1) year period, commencing
on Date of Board award and terminating one (1) year from that date, or until such time
as all outstanding Purchase Orders issued prior to the expiration of the Agreement
period have been completed or terminated.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Consultant written notice
of the County's intention to renew the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to 180 days.
The County Manager, or his designee, shall give the Consultant written notice of the
County's intention to extend the Agreement term not less than thirty (30) days prior to
the end of the Agreement term then in effect.
2. COMMENCEMENT. In accordance with this Agreement and with RFP 15-6423 "Real
Estate Appraisal Services," the Consultant shall commence services, hereinafter
"Work," upon approval by the County Project Manager, or Designee, and the issuance
of a Purchase Order.
3. STATEMENT OF WORK. The Board of County Commissioners deemed ten (10) firms
to be pre-qualified and awarded an Agreement to each firm. Each awardee will enter
into an Agreement to provide complete services for real estate appraisal services on an
as-needed basis as may be required by the County.
Page 1
#415-6123-Real Estate Appraisal Services
Consultant-Capstone Valuation Advisors,LLC
`
Packet Page -813- "`~
9/22/2015 16.A.18.
3.1 The Consultant shall provide real estate appraisal services in accordance
with Exhibit "A" Scope of Services as attached, the terms and conditions of Request
for Proposal (RFP) #15-6423 and the Consultant's proposal, which is referred to herein
and made an integral part of this Agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Parties, in compliance with the County
Procurement Ordinance and Procurement Procedures in effect at the time such
services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the
Consultant that any Work will be awarded to the Consultant. Rather, this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next
paragraph and all Work undertaken by Consultant for the County pursuant to this
Agreement and that procedure during the term and any extension of the term of this
Agreement.
3.2.1 Prior to the issuance of a Purchase Order, the County Project
Manager, or Designee, shall solicit competitive quotes from a minimum of three (3)
Consultants currently under contract and provide a summary of Work to be
performed. The County reserves the right to select a Consultant for a project that
might have had prior experience with that parcel and for reasons that are in the best
interest of the County. The Consultants' will respond with the information sought
within seven (7) working days; the County will negotiate favorable terms and
conditions, and issue a numbered Purchase Order to initiate the Work. In each
Request for Quotation, the County reserves the right to specify: the period of
completion; deduction of non-performance and in the event of late completion; and
time and materials or lump sum.
4. COMPENSATION. The County shall pay the Consultant for the performance of this
Work pursuant to the prices offered by the Consultant in response to RFP# 15-6423 per
Exhibit B, attached herein and incorporated by reference or subsequent quotes.
4.1 The Consultant shall be paid upon completion or partial completion of
the work tasks as accepted and approved by the County Project Manager, or Designee,
together with the Travel and Reimbursement Expenses as defined in this Agreement.
Payments shall be made to the Consultant when requested as services are rendered,
but not more frequently than once per month, on an estimated percentage complete
for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will
be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla,
Stats., otherwise known as the "Local Government Prompt Payment Act".
Page 1 2
#15-6423-Real Estate Appraisal Services
Consultant-Capstone Valuation Advisors,LLC
Packet Page -814- t
9/22/2015 16.A.18.
4,1.1 The time reported by the Consultant to perform specific Work related to
litigation is subject to final approval by the County Attorney/Assistant County
Attorney, or by an attorney employed by and representing the County. Consultant's
invoice must contain a description of the service provided, project and parcel number
(or name), and the amount of fee payable.
4.1.2 Travel and Reimbursable Expenses must be approved in advance in
writing by the County Project Manager, or Designee. Travel expenses shall be
reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties
are expressly excluded.
Reimbursements shall be at the following rates:
Mileage $0.445 per mile
Breakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard-size vehicles
Lodging Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
night
Parking Actual cost of parking
Taxi or Airport Actual cost of either taxi or airport
Limousine limousine
4.1.2.1 Reimbursable items other than travel expenses shall be limited to
the following: telephone long-distance charges, fax charges, photocopying charges
and postage. Reimbursable items will be paid only after Consultant has provided all
receipts. Consultant shall be responsible for all other costs and expenses associated
with activities and solicitations undertaken pursuant to this Agreement.
4.1.2.2 Expenses of transportation and living when traveling in
connection with each Purchase Order, except for local travel within Collier or Lee
Counties, as provided in Section 112.061, F.S., and all Agreement-related mileage for
trips that are from/to destinations outside of Collier or Lee Counties as approved in
advance by the County Project Manager,or Designee.
4.3 Payments will be made for services furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within six
(6) months after completion of Agreement. Any untimely submission of invoices
Page 3
#15-6423-Real Estate Appraisal Services
Consultant-Capstone Valuation Advisors,LLC
Packet Page -815-
9/22/2015 16.A.18.
beyond the specified deadline period is subject to non-payment under the legal
doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with
respect to the timely submission of invoices under this Agreement.
5. COMPLETION/CORRECTION. All appraisal reports provided to the County are
required to comply with the current Uniform Standards of Professional Appraisal
Practice (USPAP) and the Collier County Supplemental Appraisal Standards attached
as Exhibit A in RFP 15-6423. Any non-appraisal activities shall be compliant with
respect to the consulting standards in USPAP and consistent with the specified
summary of Work for the assignment. If a substantially completed written appraisal
report (original) is delivered to the County by the due date, or by a date mutually
agreed upon, but which report fails to comply with the Uniform Standards of
Professional Appraisal Practice (USPAP), or which report contains errors or omissions
from within either the body or the addenda, Consultant shall, within fourteen (14)
calendar days from the date of notification by the County Project Manager, furnish
such corrected and/or additional pages which will bring the appraisal report into
compliance with the USPAP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Consultant within said
fourteen (14) day period. Nor shall Consultant charge the County any additional fees
from bringing written appraisal reports into compliance with the USPAP,for correcting
arty errors, or for providing previously omitted materials.
6. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would
be forfeited by the Consultant and that the following schedule shall govern the
deduction for late performance:
6.1 In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Consultant by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
6.2 In the event that circumstances beyond the control of Consultant cause
completion of the services to be delayed beyond the due date as set forth in a County
Purchase Order, and prior to said due date there is a mutual understanding between
the parties to this Agreement that such delays were beyond the control of Consultant,
the County Manager or designee may issue an written extension of the due date
without penalty deduction. Said extension shall cite the reason for delay in completion
of the appraisal report and shall set a new due date for submission of the report.
Deductions as described above shall apply to the revised due date.
7. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
Page j 4
#15-6423-Real Estate Appraisal Services
Consultant-Capstone Valuation Advisors,LLC
Packet Page -816-
9/22/2015 16.A.18.
•
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes, Certificate of Exemption#85-8015966531C-2.
8. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Capstone Valuation Advisors,LLC
2575 Northbrooke Plaza Drive, Suite 201
Naples,FL 34119
Attention: Michael P. Jonas, MM, AI-GRS, CCIM
Telephone:239-777-3430
Fax:407-8414323 •
Email:michael.jonas @cap-val.com
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples,Florida 34112
Attention:Joanne Markiewicz, Director, Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
9. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. The
County will not be obligated to pay for any permits obtained by SubConsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Consultant. The Consultant shall also be solely
responsible for payment of any and all taxes levied on the Consultant. In addition, the
Consultant shall comply with all rules, regulations and laws of Collier County, the State
of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant
Page 15
#15-6423-Real Estate Appraisal Services
Consultant-Capstone Valuation Advisors,LLC
Packet Page -817-
9/22/2015 16.A.18.
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Consultant.
11. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
12. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
In the event that the County terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Consultant shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
13. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
14. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
Page j 6
#15-6423-Real Estate Appraisal Services
Consultant-Capstone Valuation Advisors,LLC
Packet Page -818-
9/22/2015 16.A.18.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (10) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all sub-Consultants comply with the same insurance
requirements that the Consultant is required to meet.
15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
15.1 The duty to defend under this Article 15 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Consultant, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Consultant. Consultant's obligation to indemnify and defend
Page 7
#15-6423-Real Estate Appraisal Services
Consultant-Capstone Valuation Advisors,LLC
Packet Page -819- Jl
9/22/2015 16.A.18.
under this Article 15 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the County or
an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Growth Management Department.
17. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit "A" Scope of Services, Exhibit "B" Rate Schedule, Consultant's
Proposal, Insurance Certificate(s), RFP # 15-6423, "Real Estate Appraisal Services"
including any Addenda and exhibits,and subsequent Quotations/Purchase Orders.
19. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
20. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
1I1, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
21. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Consultant is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida
Page 8
#15-6423-Real Estate Appraisal Services
Consultant-Capstone Valuation Advisors,LLC
Packet Page -820-
9/22/2015 16.A.18.
Public Records Law Chapter 119 (including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(d) and (3))) stated as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the Consultant to comply
with public records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Consultant upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
(3) If a Consultant does not comply with a public records request, the public agency
shall enforce the contract provisions in accordance with the contract.
If Consultant observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Consultant to comply with the
laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
23. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
24. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
Page 19
#l15-6423-Real Estate Appraisal Services
Consultant-Capstone Valuation Advisors,LLC
frTh
Packet Page -821- �J
9/22/2015 16.A.18.
25, DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Consultant with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
26. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
27. CONTRACT STAFFING. The Consultant's personnel and management to be utilized
for this agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the contract. The Consultant
shall assign as many people as necessary to complete the required services on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
28. ORDER OF PRECEDENCE In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal, the Consultant's
Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
29. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Consultant does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Consultant all of the
obligations and responsibilities that Consultant has assumed toward the County.
Page 10
#15-6423-Real Estate Appraisal Services
Consultant—Capstone Valuation Advisors,LLC
Packet Page -822-
9/22/2015 16.A.18.
IN WITNESS WHEREOF, the parties hereto,have each,respectively,by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tim Nance, Chairman
Dated:
(SEAL)
Capstone Valuation Advisors, LLC
Consultant
By:
Consultant is First Witness Signature
Type/print signature and title
Type/print witness name
Consultant is Second Witness
Type/print witness name
Approved as to Form and Legality:
Assistant County Attorney
Print Name
Page 111
#15-6423-Real Estate Appraisal Services
Consultant-Capstone Valuation Advisors,LLC
Packet Page -823-
9/22/2015 16.A.18.
EXHIBIT "A"- SCOPE OF SERVICES
Services to be provided by the Consultant may include,but are not limited to the following:
• Developing and reporting of real estate appraisals as described above.
• Undertaking and reporting on the results of damages studies.
• Attending and consulting at mediation and settlement conferences.
• Testifying in eminent domain proceedings (hearings, depositions and trials).
• Performing market rate and rent studies.
• Site selection studies and related consultation.
It shall be understood and agreed that any and all services, materials and equipment shall
comply fully with all Local,State and Federal laws and regulations.
Page 12
#15-6423-Real Estate Appraisal Service
Consultant-Capstone Valuation Advisors,LLC
Packet Page -824-
9/22/2015 16.A.18.
EXHIBIT`B"-RATE SCHEDULE
Category Rate Per Hour
Management Staff
Michael P. Jonas, MAI, AI-GRS,CCIM $200
Scott Tew, MAI, MRICS $200
Ryan Zink, MAI $200
James Toro,MAI,SRA $200
Ned Palmer, MAI $200
Thomas Martucci, MAI $200
Appraisal Staff
Byron Torres $125
Christina Brown-Stivers $125
Anthony Fontanazza $125
Research Staff
Patrick Luce $75
Elizabeth Stack $75
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed.
Page 13
#15-6423-Real Estate Appraisal Services
Consultant-Capstone Valuation Advisors,LLC
( A
Packet Page -825-
9/22/2015 16.A.18.
AGREEMENT15-6423
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this day of 2015, by
and between Cardo Appraisal Group LLC, authorized to do business in the State of Florida,
whose business address is 2385 Executive Center Drive, Suite 100, Boca Raton, FL 33431, (the
"Consultant") and Collier County, a political subdivision of the State of Florida, (the
'County"):
WITNESSETH:
1. CONTRACT TERM, The Agreement shall be for a one (1) year period, commencing
on Date of Board award and terminating one (1) year from that date, or until such time
as all outstanding Purchase Orders issued prior to the expiration of the Agreement
period have been completed or terminated.
The Co rtt y Ls discretion and with the consent of the Consultant, renew the
Agree.n of uncle_ of the terms and conditions contained in this Agreement for three
(3) ad iicnii one (1 ar r'en:3„S. The County shall give the Consultant written notice
of the Cow--,t-7's r_kcor ' °enew the Agreement term not less than ten (10) days prior
to the o: of the Agreement eement term then in effect.
The G ,um hdari r , r r his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to 180 days.
The C r.` r _ his designee, shall give the Consultant written notice of the
County's .tr.te...i3 _..tenet the Agreement term not loss than thirty (30) days prior to
the end of term , yen in effect.
2. COA with this Agreement reement artd with RFP 15-6423 "Real
Estrte the Consultant shall commence services, hereinafter
"Wort liren :'r el by the County Project Manager, or Designee, and the issuance
of a Purchase Order.
3. STATE MENT OF WORK. The Board of County Commissioners deemed ten (10) firms
to be pre-qualified and awarded an Agreement to each firm. Each awardee will enter
into so _greemenf r'r od cie complete services for real estate appraisal services on an
as-nee as-neee. inav - ,ed by the Count-.
Page 1
405-6423-Real Estate Appraisal Services
Consultant-Cardo Appraisal Group LLC
Packet Page -826-
tJ.
9/22/2015 16.A.18.
3.1 The Consultant shall provide real estate appraisal services in accordance
with Exhibit "A" Scope of Services as attached, the terms and conditions of Request
for Proposal (RFP) #15-6423 and the Consultant's proposal, which is referred to herein
and made an integral part of this Agreement This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Parties, in compliance with the County
Procurement Ordinance and Procurement Procedures in effect at the time such
services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the
Consultant that any Work will be awarded to the Consultant. Rather, this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next
paragraph and all Work undertaken by Consultant for the County pursuant to this
Agreement and that procedure during the term and any extension of the term of this
Agreement.
3.2.1 Prior to the issuance of a Purchase Order, the County Project
Manager, or Designee, shall solicit competitive quotes from a minimum of three (3)
Consultants currently under contract and provide a summary of Work to be
performed. The County reserves the right to select a Consultant for a project that
might have had prior experience with that parcel and for reasons that are in the best
interest of the County. The Consultants' will respond with the information sought
within seven (7) working days; the County will negotiate favorable terms and
conditions, and issue a numbered Purchase Order to initiate the Work. In each
Request for Quotation, the County reserves the right to specify: the period of
completion; deduction of non-performance and in the event of late completion; and
time and materials or lump sum.
4. COMPENSATION. The County shall pay the Consultant for the performance of this
Work pursuant to the prices offered by the Consultant in response to RFP# 15-6423 per
Exhibit B, attached herein and incorporated by reference or subsequent quotes.
4.1 The Consultant shall be paid upon completion or partial completion of
the work tasks as accepted and approved by the County Project Manager, or Designee,
together with the Travel and Reimbursement Expenses as defined in this Agreement.
Payments shall be made to the Consultant when requested as services are rendered,
but not more frequently than once per month, on an estimated percentage complete
for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will
be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act".
4.1.1 The time reported by the Consultant to perform specific Work related to
litigation is subject to final approval by the County Attorney/Assistant County
Page 2
#15-6423-Real Estate Appraisal Services
Consultant-Cardo Appraisal Group LLC
(7;
Packet Page -827-
9/22/2015 16.A.18.
Attorney, or by an attorney employed by and representing the County. Consultant's
invoice must contain a description of the service provided, project and parcel number
(or name),and the amount of fee payable.
4.1.2 Travel and Reimbursable Expenses must be approved in advance in
writing by the County Project Manager, or Designee. Travel expenses shall be
reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties
are expressly excluded.
Reimbursements shall be at the following rates:
Mileage r $0.445 per mile
Breakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard-size vehicles _
Lodging Actual cost of lodging at single occupancy
rate with a cap of no more than$150.00 per
night
Parking Actual cost of parking
Taxi or Airport Actual cost of either taxi or airport
Limousine limousine
4.1.2.1 Reimbursable items other than travel expenses shall be limited to
the following: telephone long-distance charges, fax charges, photocopying charges
and postage. Reimbursable items will be paid only after Consultant has provided all
receipts. Consultant shall be responsible for all other costs and expenses associated
with activities and solicitations undertaken pursuant to this Agreement.
4.1.2.2 Expenses of transportation and living when traveling in
connection with each Purchase Order, except for local travel within Collier or Lee
Counties, as provided in Section 112.061, F.S., and all Agreement-related mileage for
trips that are from/to destinations outside of Collier or Lee Counties as approved in
advance by the County Project Manager,or Designee.
4.3 Payments will be made for services furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within six
(6) months after completion of Agreement. Any untimely submission of invoices
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.
Page 3
#15-6423-Real Estate Appraisal Services
Consultant-Cardo Appraisal Group LLC
Packet Page -828- .
9/22/2015 16.A.18.
5. COMPLETION/CORRECTION. All appraisal reports provided to the County are
required to comply with the current Uniform Standards of Professional Appraisal
Practice (USPAP) and the Collier County Supplemental Appraisal Standards attached
as Exhibit A in RFP 15-6423. Any non-appraisal activities shall be compliant with
respect to the consulting standards in USPAP and consistent with the specified
summary of Work for the assignment. If a substantially completed written appraisal
report (original) is delivered to the County by the due date, or by a date mutually
agreed upon, but which report fails to comply with the Uniform Standards of
Professional Appraisal Practice (USPAP), or which report contains errors or omissions
from within either the body or the addenda, Consultant shall, within fourteen (14)
calendar days from the date of notification by the County Project Manager, furnish
such corrected and/or additional pages which will bring the appraisal report into
compliance with the USPAP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Consultant within said
fourteen (14) day period. Nor shall Consultant charge the County any additional fees
from bringing written appraisal reports into compliance with the USPAP, for correcting
any errors, or for providing previously omitted materials.
6. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would
be forfeited by the Consultant and that the following schedule shall govern the
deduction for late performance:
6.1 In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Consultant by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
6.2 In the event that circumstances beyond the control of Consultant cause
completion of the services to be delayed beyond the due date as set forth in a County
Purchase Order, and prior to said due date there is a mutual understanding between
the parties to this Agreement that such delays were beyond the control of Consultant,
the County Manager or designee may issue an written extension of the due date
without penalty deduction. Said extension shall cite the reason for delay in completion
of the appraisal report and shall set a new due date for submission of the report.
Deductions as described above shall apply to the revised due date.
7. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes,Certificate of Exemption #85-8015966531C-2.
Page 4
#15-6423-Real Estate Appraisal Services
Consultant-Cardo Appraisal Group LLC
Packet Page -829-
9/22/2015 16.A.18.
8. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Cardo Appraisal Group LLC
2385 Executive Center Drive, Suite 100
Boca Raton,FL 33431
Attention: Frank J. Cardo,MM
Telephone:561-893-6808
Fax: 561-893-6824
Email:fcardo@cardoappraisal.com
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
Attention:Joanne Markiewicz, Director,Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
9. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. The
County will not be obligated to pay for any permits obtained by SubConsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Consultant. The Consultant shall also be solely
responsible for payment of any and all taxes levied on the Consultant. In addition, the
Consultant shall comply with all rules, regulations and laws of Collier County, the State
of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Consultant.
Page 5
#15-6423-Real Estate Appraisal Services
Consultant-Cardo Appraisal Group LLC
e-
Packet Page -830- .-
9/22/2015 16.A.18.
11. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever,County facilities for any improper,immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or.if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
12. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
In the event that the County terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Consultant shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
13. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
14. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of S1,000,000
Per Occurrence, S2,000,000 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 S1,000,000 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.
Page 6
#15-6423-Real Estate Appraisal Services
Consultant-Cardo Appraisal Group LLC
Packet Page -831- „ '
9/22/2015 16.A.18.
The coverage must include Employers` Liability with a minimum limit of $500,000 for
each accident
Special ReQuirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (10) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all sub-Consultants comply with the same insurance
requirements that the Consultant is required to meet.
15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
15.1 The duty to defend under this Article 15 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Consultant, County and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Consultant. Consultant's obligation to indemnify and defend under this
Article 15 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the County or an indemnified party
Page 7
l<15-6423-Real Estate Appraisal Services
Consultant-Cardo Appraisal Group LLC
Packet Page -832- )
9/22/2015 16.A.18.
for the matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Growth Management Department.
17. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit "A" Scope of Services, Exhibit "B" Rate Schedule, Consultants
Proposal, Insurance Certificate(s), RFP # 15-6423, "Real Estate Appraisal Services"
including any Addenda and exhibits, and subsequent Quotations/Purchase Orders.
19. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
20, PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
21. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Consultant is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
Iocated at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida
Public Records Law Chapter 119 (including specifically those contactual requirements
at F.S. § 119.0701(2)(a)-(d) and (3))) stated as follows:
Page 8
#15-6423-Real Estate Appraisal Services
Consultant-Cardo Appraisal Group LLC
Packet Page -833-
9/22/2015 16.A.18.
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the Consultant to comply
with public records laws,specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Consultant upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
(3) If a Consultant does not comply with a public records request, the public agency
shall enforce the contract provisions in accordance with the contract.
If Consultant observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Consultant to comply with the
laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
23. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
24. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
25. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
Page 9
#15-6423-Real Estate Appraisal Services
Consultant-Card()Appraisal Group LLC
Packet Page -834-
9/22/2015 16.A.18.
attended by representatives of Consultant with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
26. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
27. CONTRACT STAFFING. The Consultant's personnel and management to be utilized
for this agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the contract. The Consultant
shall assign as many people as necessary to complete the required services on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
28, ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal, the Consultant's
Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
29, ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Consultant does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Consultant all of the
obligations and responsibilities that Consultant has assumed toward the County.
Page 110
#15-6423-Real Estate Appraisal Services
Consultant-Cardo Appraisal Group LLC
Packet Page -835-
9/22/2015 16.A.18.
IN WITNESS WHEREOF, the parties hereto,have each, respectively,by an authorized
person or agent,have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tim Nance, Chairman
Dated:
(SEAL)
Cardo Appraisal Group LLC
Consultant
By:
Consultant's First Witness Signature
Type/print witness name Type/print signature and title
Consultant's Second Witness
Type/print witness name
Approved as to Form and Legality:
Assistant County Attorney
Print Name
Page 11
#15-6423-Real Estate Appraisal Services
Consultant-Cardo Appraisal Group LLC
Packet Page -836-
9/22/2015 16.A.18.
EXHIBIT"A" - SCOPE OF SERVICES
Services to be provided by the Consultant may include,but are not limited to the following:
• Developing and reporting of real estate appraisals as described above.
• Undertaking and reporting on the results of damages studies.
• Attending and consulting at mediation and settlement conferences.
• Testifying in eminent domain proceedings (hearings,depositions and trials).
• Performing market rate and rent studies.
• Site selection studies and related consultation.
It shall be understood and agreed that any and all services, materials and equipment shall
comply fully with all Local,State and Federal laws and regulations.
Page 112
#15-6423-Real Estate Appraisal Services
Consultant-Cardo Appraisal Group LLC
(
Packet Page -837-
9/22/2015 16.A.18.
EXHIBIT"B" -RATE SCHEDULE
Category Rate Per Hour
Principal Consultant $150.00
Staff/Associate Consultant $125.00
Researcher $85.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed.
Page 13
#!15-6423-Real Estate Appraisal Services
Consultant-Cardo Appraisal Group LLC
Packet Page -838- _.
9/22/2015 16.A.18.
AGREEMENT 15-6423
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this day of 2015,by
and between Carlson, Norris and Associates, Inc., authorized to do business in the State of
Florida, whose business address is 1919 Courtney Drive, Suite 14, Fort Myers, FL 33901, (the
"Consultant") and Collier County, a political subdivision of the State of Florida, (the
"County"):
WITNESSETH:
1. CONTRACT TERM. The Agreement shall be for a one (1) year period, commencing
on Date of Board award and terminating one (1) year from that date, or until such time
as all outstanding Purchase Orders issued prior to the expiration of the Agreement
period have been completed or terminated.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Consultant written notice
of the County's intention to renew the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to 180 days.
The County Manager, or his designee, shall give the Consultant written notice of the
County's intention to extend the Agreement term not less than thirty (30) days prior to
the end of the Agreement term then in effect.
2. COMMENCEMENT. In accordance with this Agreement and with RFP 15-6423 "Real
Estate Appraisal Services," the Consultant shall commence services, hereinafter
"Work," upon approval by the County Project Manager, or Designee, and the issuance
of a Purchase Order.
3. STATEMENT OF WORK. The Board of County Commissioners deemed ten (10)firms
to be pre-qualified and awarded an Agreement to each firm. Each awardee will enter
into an Agreement to provide complete services for real estate appraisal services on an
as-needed basis as may be required by the County.
Page j1
#15-5423- Real Estate Appraisal Services
Consultant-Carlson,Norris and Associates,Inc.
Packet Page -839- J'
9/22/2015 16.A.18.
3.1 The Consultant shall provide real estate appraisal services in accordance
with Exhibit "A" Scope of Services as attached, the terms and conditions of Request
for Proposal (RFP) #15-6423 and the Consultant's proposal, which is referred to herein
and made an integral part of this Agreement This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Parties, in compliance with the County
Procurement Ordinance and Procurement Procedures in effect at the time such
services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the
Consultant that any Work will be awarded to the Consultant. Rather, this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next
paragraph and all Work undertaken by Consultant for the County pursuant to this
Agreement and that procedure during the term and any extension of the term of this
Agreement.
3.2.1 Prior to the issuance of a Purchase Order, the County Project
Manager, or Designee, shall solicit competitive quotes from a minimum of three (3)
Consultants' currently under contract and provide a summary of Work to be
performed. The County reserves the right to select a Consultant for a project that
might have had prior experience with that parcel and for reasons that are in the best
interest of the County. The Consultants' will respond with the information sought
within seven (7) working days; the County will negotiate favorable terms and
conditions, and issue a numbered Purchase Order to initiate the Work. In each
Request for Quotation, the County reserves the right to specify: the period of
completion; deduction of non-performance and in the event of late completion; and
time and materials or lump sum.
4. COMPENSATION. The County shall pay the Consultant for the performance of this
Work pursuant to the prices offered by the Consultant in response to RFP# 15-6423 per
Exhibit B, attached herein and incorporated by reference or subsequent quotes.
4.1 The Consultant shall be paid upon completion or partial completion of
the work tasks as accepted and approved by the County Project Manager, or Designee,
together with the Travel and Reimbursement Expenses as defined in this Agreement.
Payments shall be made to the Consultant when requested as services are rendered,
but not more frequently than once per month, on an estimated percentage complete
for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will
be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act".
4.1.1 The time reported by the Consultant to perform specific Work related to
litigation is subject to final approval by the County Attorney/Assistant County, or by
Page I 2
#15-5423- Real Estate Appraisal Services
Consultant-Carlson,Norris and Associates,Inc.
Packet Page -840-
9/22/2015 16.A.18.
an attorney employed by and representing the County. Consultant's invoice must
contain a description of the service provided, project and parcel number (or name),
and the amount of fee payable.
4.1.2 Travel and Reimbursable Expenses must be approved in advance in
writing by the County Project Manager, or Designee. Travel expenses shall be
reimbursed as per Section 112.061 Fla.Stats. Any trips within Collier and Lee Counties
are expressly excluded.
Reimbursements shall be at the following rates:
Mileage $0.445 per mile
Breakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard-size vehicles
Lodging Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
night
Parking Actual cost of parking
Taxi or Airport Actual cost of either taxi or airport
Limousine limousine
4.1.2.1 Reimbursable items other than travel expenses shall be limited to
the following: telephone long-distance charges, fax charges, photocopying charges
and postage. Reimbursable items will be paid only after Consultant has provided all
receipts. Consultant shall be responsible for all other costs and expenses associated
with activities and solicitations undertaken pursuant to this Agreement.
4.1.2.2 Expenses of transportation and living when traveling in
connection with each Purchase Order, except for local travel within Collier or Lee
Counties, as provided in Section 112.061, F.S., and all Agreement-related mileage for
trips that are from/to destinations outside of Collier or Lee Counties as approved in
advance by the County Project Manager, or Designee.
4.3. Payments will be made for services furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within six
(6) months after completion of Agreement. Any untimely submission of invoices
beyond the specified deadline period is subject to non-payment under the legal
Page 3
#15-5423- Real Estate Appraisal Services
Consultant-Carlson,Norris and Associates,Inc.
Packet Page -841-
9/22/2015 16.A.18.
doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with
respect to the timely submission of invoices under this Agreement.
5. COMPLETION/CORRECTION. All appraisal reports provided to the County are
required to comply with the current Uniform Standards of Professional Appraisal
Practice (USPAP) and the Collier County Supplemental Appraisal Standards attached
as Exhibit A in RFP 15-6423. Any non-appraisal activities shall be compliant with
respect to the consulting standards in USPAP and consistent with the specified
summary of Work for the assignment. If a substantially completed written appraisal
report (original) is delivered to the County by the due date, or by a date mutually
agreed upon, but which report fails to comply with the Uniform Standards of
Professional Appraisal Practice (USPAP), or which report contains errors or omissions
from within either the body or the addenda, Consultant shall, within fourteen (14)
calendar days from the date of notification by the County Project Manager, furnish
such corrected and/or additional pages which will bring the appraisal report into
compliance with the USPAP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Consultant within said
fourteen (14) day period. Nor shall Consultant charge the County any additional fees
from bringing written appraisal reports into compliance with the USPAP, for correcting
any errors, or for providing previously omitted materials.
6. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would
be forfeited by the Consultant and that the following schedule shall govern the
deduction for late performance:
6.1 In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Consultant by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
6.2 In the event that circumstances beyond the control of Consultant cause
completion of the services to be delayed beyond the due date as set forth in a County
Purchase Order, and prior to said due date there is a mutual understanding between
the parties to this Agreement that such delays were beyond the control of Consultant,
the County Manager or designee may issue an written extension of the due date
without penalty deduction. Said extension shall cite the reason for delay in completion
of the appraisal report and shall set a new due date for submission of the report.
Deductions as described above shall apply to the revised due date.
7. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
Page ! 4
#15-5423- Real Estate Appraisal Services
Consultant-Carlson,Norris and Associates,Inc.
Packet Page -842-
9/22/2015 16.A.18.
of Florida,is exempt from the payment of Florida sales tax to its vendors under Chapter
212,Florida Statutes, Certificate of Exemption# 85-8015966531C-2.
8. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Carlson,Norris and Associates,Inc.
1919 Courtney Drive, Suite 14
Fort Myers, FL 33901
Attention:J.Lee Norris,MM, SRA
Telephone:239-936-1991
Fax:239-936-7359
Email: lnorris @carlsonnorris.com
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples,Florida 34112
Attention: Joanne Markiewicz, Director, Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
9. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
10, PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. The
County will not be obligated to pay for any permits obtained by SubConsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Consultant. The Consultant shall also be solely
responsible for payment of any and all taxes levied on the Consultant. In addition, the
Consultant shall comply with all rules, regulations and laws of Collier County, the State
of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant
Page I 5
#15-5423- Real Estate Appraisal Services
Consultant-Carlson,Norris and Associates,Inc.
Packet Page -843-
9/22/2015 16.A.18.
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Consultant.
11. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever,County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
12. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
In the event that the County terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Consultant shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
13. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
14. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liabilih: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
Page 16
#15-5423- Real Estate Appraisal Services
Consultant-Carlson,Norris and Associates,Inc.
i r
Packet Page -844-
9/22/2015 16.A.18.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (10) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all sub-Consultants comply with the same insurance
requirements that the Consultant is required to meet.
15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
in the performance of this Agreement. This indemnification obligation shall not he
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
15.1 The duty to defend under this Article 15 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Consultant, County and any indemnified party. The duty to defend arises
Page I 7
#15-5423- Real Estate Appraisal Services
Consultant-Carlson,Norris and Associates,Inc.
Packet Page -845-
9/22/2015 16.A.18.
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Consultant. Consultant's obligation to indemnify and defend
under this Article 15 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the County or
an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Growth Management Department.
17. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit "A" Scope of Services, Exhibit "B" Rate Schedule, Consultant's
Proposal, Insurance Certificate(s), RFP # 15-6423, "Real Estate Appraisal Services"
including any Addenda and exhibits, and subsequent Quotations/Purchase Orders.
19. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
20. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
21. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Consultant is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
Page 18
#15-5423- Real Estate Appraisal Services
Consultant-Carlson,Norris and Associates,Inc.
Packet Page -846- t-�
9/22/2015 16.A.18.
amended; taxation, workers' compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida
Public Records Law Chapter 119 (including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(d)and (3))) stated as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the Consultant to comply
with public records laws,specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Consultant upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
(3) If a Consultant does not comply with a public records request, the public agency
shall enforce the contract provisions in accordance with the contract.
If Consultant observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Consultant to comply with the
laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement m
l' me lute y.
22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
23. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
Page 9
#15-5423- Real Estate Appraisal Services
Consultant-Carlson,Norris and Associates,Inc.
Packet Page -847-
9/22/2015 16.A.18.
24. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
25. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve arty such disputes by negotiation. The negotiation shall be
attended by representatives of Consultant with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
26. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
27. CONTRACT STAFFING. The Consultant's personnel and management to be utilized
for this agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the contract. The Consultant
shall assign as many people as necessary to complete the required services on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
28. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal, the Consultant's
Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
29. ASSIGNMENT: Consultant shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Consultant does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Consultant all of the
obligations and responsibilities that Consultant has assumed toward the County.
Page 10
#15-5423- Real Estate Appraisal Services
Consultant-Carlson,Norris and Associates,Inc.
���
Packet Page -848- {�,,
9/22/2015 16.A.18.
IN WITNESS WHEREOF, the parties hereto,have each,respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
AI TEST:EST: COLLIER COUNTY,FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tim Nance,Chairman
Dated:
(SEAL)
Carlson,Norris and Associates,Inc.
Consultant
By:
Consultant's First Witness Signature
Type/print signature and title
Type/print witness name
Consultant's Second Witness
Type/print witness name
Approved as to Form and Legality:
Assistant County Attorney
Print Name
Page 11
if 15-5423- Rea!Estate Appraisal Services
Consultant-Carlson,Norris and Associates,Inc.
Packet Page -849- '_ '
9/22/2015 16.A.18.
EXHIBIT"A" - SCOPE OF SERVICES
Services to be provided by the Consultant may include, but are not limited to the following:
• Developing and reporting of real estate appraisals as described above.
• Undertaking and reporting on the results of damages studies.
• Attending and consulting at mediation and settlement conferences.
• Testifying in eminent domain proceedings (hearings, depositions and trials).
• Performing market rate and rent studies.
• Site selection studies and related consultation,
It shall be understood and agreed that any and all services, materials and equipment shall
comply fully with all Local,State and Federal laws and regulations.
Page I 12
k15-5423- Real Estate Appraisal Services
Consultant-Carlson,Norris and Associates,Inc.
Packet Page -850- ZZ'
9/22/2015 16.A.18.
EXHIBIT`B" -RATE SCHEDULE
Category Rate Per Hour
Carlson, Norris and Associates $100.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed.
Page I13
#15-5423- Real Estate Appraisal Services
Consultant-Carlson,Norris and Associates,Inc,
Packet Page -851- `�.:
9/22/2015 16.A.18.
AGREEMENT15-6423
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this day of 2015,by
and between Kenneth R. Devos, MAI,SRA, authorized to do business in the State of Florida,
whose business address is 303 Donora Boulevard, Fort Myers, FL 33931, (the "Consultant")
and Collier County,a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. CONTRACT TERM. The Agreement shall be for a one (1) year period, commencing
on Date of Board award and terminating one (1)year from that date, or until such time
as all outstanding Purchase Orders issued prior to the expiration of the Agreement
period have been completed or terminated.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Consultant written notice
of the County's intention to renew the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to 180 days.
The County Manager, or his designee, shall give the Consultant written notice of the
County's intention to extend the Agreement term not less than thirty (30) days prior to
the end of the Agreement term then in effect.
2. COMMENCEMENT. In accordance with this Agreement and with RFP 15-6423 "Real
Estate Appraisal Services," the Consultant shall commence services, hereinafter
"Work," upon approval by the County Project Manager, or Designee, and the issuance
of a Purchase Order.
3. STATEMENT OF WORK. The Board of County Commissioners deemed ten (10) firms
to be pre-qualified and awarded an Agreement to each firm. Each awardee will enter
into an Agreement to provide complete services for real estate appraisal services on an
as-needed basis as may be required by the County.
3.1 The Consultant shall provide real estate appraisal services in accordance
with Exhibit "A" Scope of Services as attached, the terms and conditions of Request
Page 1
#15-6423-Real Estate Appraisal Services
Consultant-Kenneth R Devos,MAl,SRA
Packet Page -852-
9/22/2015 16.A.18.
for Proposal (RFP) #15-6423 and the Consultant's proposal,which is referred to herein
and made an integral part of this Agreement This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Parties, in compliance with the County
Procurement Ordinance and Procurement Procedures in effect at the time such
services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the
Consultant that any Work will be awarded to the Consultant Rather, this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next
paragraph and all Work undertaken by Consultant for the County pursuant to this
Agreement and that procedure during the term and any extension of the term of this
Agreement
3.2.1 Prior to the issuance of a Purchase Order, the County Project
Manager, or Designee, shall solicit competitive quotes from a minimum of three (3)
Consultants currently under contract and provide a summary of Work to be
performed. The County reserves the right to select a Consultant for a project that
might have had prior experience with that parcel and for reasons that are in the best
interest of the County. The Consultants' will respond with the information sought
within seven (7) working days; the County will negotiate favorable terms and
conditions, and issue a numbered Purchase Order to initiate the Work. In each
Request for Quotation, the County reserves the right to specify: the period of
completion; deduction of non-performance and in the event of late completion; and
time and materials or lump sum.
4. COMPENSATION., The County shall pay the Consultant for the performance of this
Work pursuant to the prices offered by the Consultant in response to RFP# 15-6423 per
Exhibit B,attached herein and incorporated by reference or subsequent quotes.
4.1 The Consultant shall be paid upon completion or partial completion of
the work tasks as accepted and approved by the County Project Manager,or Designee,
together with the Travel and Reimbursement Expenses as defined in this Agreement.
Payments shall be made to the Consultant when requested as services are rendered,
but not more frequently than once per month, on an estimated percentage complete
for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will
be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla.
Stats.,otherwise known as the "Local Government Prompt Payment Act".
4.1.1 The time reported by the Consultant to perform specific Work related to
litigation is subject to final approval by the County Attorney/Assistant County
Attorney, or by an attorney employed by and representing the County. Consultant's
invoice must contain a description of the service provided, project and parcel number
(or name), and the amount of fee payable.
Page 2
#15-6423-Real Estate Appraisal Services
Consultant-Kenneth R.Devos,MA1,SRA
Packet Page -853- C�
9/22/2015 16.A.18.
4.1.2 Travel and Reimbursable Expenses must be approved in advance in
writing by the County Project Manager, or Designee. Travel expenses shall be
reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties
are expressly excluded.
Reimbursements shall be at the following rates:
Mileage $0.445 per mile
Breakfast $6.00
Lunch $11.00 _
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard-size vehicles
Lodging Actual cost of lodging at single occupancy
rate with a cap of no more than$150.00 per
night
Parking Actual cost of parking
Taxi or Airport Actual cost of either taxi or airport
Limousine limousine
4.1.2.1 Reimbursable items other than travel expenses shall be limited to
the following: telephone long-distance charges, fax charges, photocopying charges
and postage. Reimbursable items will be paid only after Consultant has provided all
receipts. Consultant shall be responsible for all other costs and expenses associated
with activities and solicitations undertaken pursuant to this Agreement.
4.122 Expenses of transportation and living when traveling in
connection with each Purchase Order, except for local travel within Collier or Lee
Counties, as provided in Section 112.061, F.S., and all Agreement-related mileage for
trips that are from/to destinations outside of Collier or Lee Counties as approved in
advance by the County Project Manager,or Designee.
4.3 Payments will be made for services furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within six
(6) months after completion of Agreement. Any untimely submission of invoices
beyond the specified deadline period is subject to non-payment under the legal
doctrine of"'aches" as untimely submitted. Time shall be deemed of the essence with
respect to the timely submission of invoices under this Agreement.
Page 3
#15-6423-Real Estate Appraisal Services
Consultant-Kenneth R.Devos.MAI,SRA
Packet Page -854-
9/22/2015 16.A.18.
5. COMPLETION/CORRECTION. All appraisal reports provided to the County are
required to comply with the current Uniform Standards of Professional Appraisal
Practice (USPAP) and the Collier County Supplemental Appraisal Standards attached
as Exhibit A in REP 15-6423. Any non-appraisal activities shall be compliant with
respect to the consulting standards in USPAP and consistent with the specified
summary of Work for the assignment. If a substantially completed written appraisal
report (original) is delivered to the County by the due date, or by a date mutually
agreed upon, but which report fails to comply with the Uniform Standards of
Professional Appraisal Practice (USPAP), or which report contains errors or omissions
from within either the body or the addenda, Consultant shall, within fourteen (14)
calendar days from the date of notification by the County Project Manager, furnish
such corrected and/or additional pages which will bring the appraisal report into
compliance with the USPAP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Consultant within said
fourteen (14) day period. Nor shall Consultant charge the County any additional fees
from bringing written appraisal reports into compliance with the USPAP,for correcting
any errors,or for providing previously omitted materials.
6. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would
be forfeited by the Consultant and that the following schedule shall govern the
deduction for late performance:
6.1 In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Consultant by seven percent (7%) for each
week,or portion thereof,for every week the services are past due; or
6.2 In the event that circumstances beyond the control of Consultant cause
completion of the services to be delayed beyond the due date as set forth in a County
Purchase Order, and prior to said due date there is a mutual understanding between
the parties to this Agreement that such delays were beyond the control of Consultant,
the County Manager or designee may issue an written extension of the due date
without penalty deduction. Said extension shall cite the reason for delay in completion
of the appraisal report and shall set a new due date for submission of the report.
Deductions as described above shall apply to the revised due date.
7. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
of Florida,is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes,Certificate of Exemption#85-8015966531C-2.
Page 14
#15-6423-Real Estate Appraisal Services
Consultant-Kenneth R Devos,MAI,SRA
Packet Page -855- c .
9/22/2015 16.A.18.
8. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Kenneth R.Devos,MAI, SRA
303 Donora Boulevard
Fort Myers,FL 33931
Attention: Kenneth It Devos,MAI,SRA
Telephone:239-463-0074
Fax:239-244-3398
Email:kendevos @comcast.net
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail,East
Naples,Florida 34112
Attention:Joanne Marldewicz,Director,Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
9. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. The
County will not be obligated to pay for any permits obtained by SubConsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Consultant. The Consultant shall also be solely
responsible for payment of any and all taxes levied on the Consultant. In addition, the
Consultant shall comply with all rules,regulations and laws of Collier County, the State
of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Consultant
Page 5
#15-6423-Real Estate Appraisal Services
Consultant-Kenneth R.Devos,MAI,SRA
Packet Page -856-
9/22/2015 16.A.18.
11. NO IMPROPER USE. The Consultant will not use,nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper,immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
12. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
In the event that the County terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination.The Consultant shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
13. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race,sex,color,creed or national origin.
14. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 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.
Page 16
#15-642-Real Estate Appraisal Services
Consultant-Kenneth R Devos,MAI,SRA
Packet Page -857- L
9/22/2015 16.A.18.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (10) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all sub-Consultants comply with the same insurance
requirements that the Consultant is required to meet.
15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
15.1 The duty to defend under this Article 15 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Consultant, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Consultant. Consultant's obligation to indemnify and defend
under this Article 15 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the County or
Page 7
#15-6423-Real Estate Appraisal Senmes
Consultant-Kenneth R.Devos,MAI,SRA
Packet Page -858-
9/22/2015 16.A.18.
an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Growth Management Department.
17. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any mariner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit "A" Scope of Services, Exhibit "B" Rate Schedule, Consultant's
Proposal, Insurance Certificate(s), RFP # 15-6423, "Real Estate Appraisal Services"
including any Addenda and exhibits,and subsequent Quotations/Purchase Orders.
19. SUBIECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
20. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
21. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Consultant is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553,Florida Statutes), and the Florida
Public Records Law Chapter 119 (including specifically those contractual requirements
at F.S. §119.0701(2)(a)-(d) and (3))) stated as follows:
Page 8
#15-6423-Real Estate Appraisal Services
Consultant-Kenneth K.Devos,MAI,SRA
Packet Page -859-
9/22/2015 16.A.18.
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the Consultant to comply
with public records laws,specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Consultant upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
(3) If a Consultant does not comply with a public records request, the public agency
shall enforce the contract provisions in accordance with the contract
If Consultant observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Consultant to comply with the
laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
23. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect
24. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
25. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties,the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
Page I 9
#15-6423-Real Estate Appraisal Services
Consultant-Kenneth R.bevels,MA1,SRA
Packet Page -860-
9/22/2015 16.A.18.
attended by representatives of Consultant with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement,the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102,Fla.Stat.
26. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
27. CONTRACT STAFFING. The Consultant's personnel and management to be utilized
for this agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the contract. The Consultant
shall assign as many people as necessary to complete the required services on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
28. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal, the Consultant's
Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
29. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Consultant does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Consultant all of the
obligations and responsibilities that Consultant has assumed toward the County.
Page 110
#15-6423-Real Estate Appraisal Services
Consultant-Kenneth R.Devos,MAl,SRA
Packet Page -861-
9/22/2015 16.A.18.
IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized
person or agent,have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLORIDA
Dwight E. Brock,Clerk of Courts
By:. By:
Tim Nance,Chairman
Dated:
(SEAL)
Kenneth R. Devos,MAI,SRA
Consultant
By:
Consultant's First Witness Signature
Type/print witness name Type/print signature and title
Consultant's Second Witness
Type/print witness name
Approved as to Form and Legality:
Assistant County Attorney
Print Name
Page I 11
#15-6423-Real Estate Appraisal Services
Consultant-Kenneth R Devos,MAI,SRA
Packet Page -862- i i )
9/22/2015 16.A.18.
EXHIBIT "A" - SCOPE OF SERVICES
Services to be provided by the Consultant may include,but are not limited to the following:
• Developing and reporting of real estate appraisals as described above.
• Undertaking and reporting on the results of damages studies.
• Attending and consulting at mediation and settlement conferences.
• Testifying in eminent domain proceedings (hearings,depositions and trials).
• Performing market rate and rent studies.
• Site selection studies and related consultation.
It shall be understood and agreed that any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations.
Page 12
#15-6123-Real Estate Appraisal Services
Consultant-Kenneth R Devos,MA!,SRA
Packet Page -863-
9/22/2015 16.A.18.
EXHIBIT "B"-RATE SCHEDULE
Category Rate Per Hour
Kenneth R. Devos $150.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed.
Page 13
#15-6423-Real Estate Appraisal Services
Consultant-Kenneth R.Devos,MAI,SRA
Packet Page -864-
9/22/2015 16.A.18.
AGREEMENT 15-6423
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this day of 2015, by
and between Maxwell, Hendry Sr Simmons, LLC, authorized to do business in the State of
Florida, whose business address is 12600 World Plaza Lane, Suite 63, Fort Myers, FL 33907,
(the "Consultant") and Collier County, a political subdivision of the State of Florida, (the
"County"):
WITNES SETH:
1, CONTRACT TERM. The Agreement shall be for a one (1) year period, commencing
on Date of Board award and terminating one (1) year from that date, or until such time
as all outstanding Purchase Orders issued prior to the expiration of the Agreement
period have been completed or terminated.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Consultant written notice
of the County's intention to renew the Agreement term not less than ten(10) days prior
to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to 180 days.
The County Manager, or his designee, shall give the Consultant written notice of the
County's intention to extend the Agreement term not less than thirty (30) days prior to
the end of the Agreement term then in effect.
2. COMMENCEMENT. In accordance with this Agreement and with RFP 15-6423 "Real
Estate Appraisal Services," the Consultant shall commence services, hereinafter
"Work," upon approval by the County Project Manager, or Designee, and the issuance
of a Purchase Order.
3. STATEMENT OF WORK. The Board of County Commissioners deemed ten (10) firms
to be pre-qualified and awarded an Agreement to each firm. Each awardee will enter
into an Agreement to provide complete services for real estate appraisal services on an
as-needed basis as may be required by the County.
Page 1
#15-6423-Real Estate Appraisal Services
Consultant-Maxwell,Hendry&Simmons,LLC
Packet Page -865- ���
9/22/2015 16.A.18.
3.1 The Consultant shall provide real estate appraisal services in accordance
with Exhibit "A" Scope of Services as attached, the terms and conditions of Request
for Proposal (RFP) #15-6423 and the Consultant's proposal, which is referred to herein
and made an integral part of this Agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Parties, in compliance with the County
Procurement Ordinance and Procurement Procedures in effect at the time such
services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the
Consultant that any Work will be awarded to the Consultant. Rather, this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next
paragraph and all Work undertaken by Consultant for the County pursuant to this
Agreement and that procedure during the term and any extension of the term of this
Agreement.
3.2.1 Prior to the issuance of a Purchase Order, the County Project
Manager, or Designee, shall solicit competitive quotes from a minimum of three (3)
Consultants currently under contract and provide a summary of Work to be
performed. The County reserves the right to select a Consultant for a project that
might have had prior experience with that parcel and for reasons that are in the best
interest of the County. The Consultants' will respond with the information sought
within seven (7) working days; the County will negotiate favorable terms and
conditions, and issue a numbered Purchase Order to initiate the Work. In each
Request for Quotation, the County reserves the right to specify: the period of
completion; deduction of non-performance and in the event of late completion; and
time and materials or Iump sum.
4. COMPENSATION. The County shall pay the Consultant for the performance of this
Work pursuant to the prices offered by the Consultant in response to RFP#15-6423 per
Exhibit B,attached herein and incorporated by reference or subsequent quotes.
4.1 The Consultant shall be paid upon completion or partial completion of
the work tasks as accepted and approved by the County Project Manager, or Designee,
together with the Travel and Reimbursement Expenses as defined in this Agreement.
Payments shall be made to the Consultant when requested as services are rendered,
but not more frequently than once per month, on an estimated percentage complete
for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will
be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act".
Page I2
#15-6423-Real Estate Appraisal Services
Consultant-Maxwell,Hendry cc Simmons,LLC
Packet Page -866- ,_
9/22/2015 16.A.18.
4.1.1 The time reported by the Consultant to perform specific Work related to
litigation is subject to final approval by the County Attorney/Assistant County
Attorney, or by an attorney employed by and representing the County. Consultant's
invoice must contain a description of the service provided, project and parcel number
(or name), and the amount of fee payable.
4.1.2 Travel and Reimbursable Expenses must be approved in advance in
writing by the County Project Manager, or Designee. Travel expenses shall be
reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties
are expressly excluded.
Reimbursements shall be at the following rates:
Mileage $0.445 per mile
Breakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard-size vehicles
Lodging Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
night
Parking Actual cost of parking
Taxi or Airport Actual cost of either taxi or airport
Limousine limousine
4.1.2.1 Reimbursable items other than travel expenses shall be limited to
the following: telephone long-distance charges, fax charges, photocopying charges
and postage. Reimbursable items will be paid only after Consultant has provided all
receipts. Consultant shall be responsible for all other costs and expenses associated
with activities and solicitations undertaken pursuant to this Agreement.
4.1.2.2 Expenses of transportation and living when traveling in
connection with each Purchase Order, except for local travel within Collier or Lee
Counties, as provided in Section 112.061, F.S., and all Agreement-related mileage for
trips that are from/to destinations outside of Collier or Lee Counties as approved in
advance by the County Project Manager, or Designee.
4.3 Payments will be made for services furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within six
(6) months after completion of Agreement. Any untimely submission of invoices
Page ! 3
#15-6423-Real Estate Appraisal Services
Consultant-Maxwell,Hendry&Simmons,LLC
Packet Page -867-
9/22/2015 16.A.18.
beyond the specified deadline period is subject to non-payment under the legal
doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with
respect to the timely submission of invoices under this Agreement.
5. COMPLETION/CORRECTION. All appraisal reports provided to the County are
required to comply with the current Uniform Standards of Professional. Appraisal
Practice (USPAP) and the Collier County Supplemental Appraisal Standards attached
as Exhibit A in RFP 15-6423. Any non-appraisal activities shall be compliant with
respect to the consulting standards in USPAP and consistent with the specified
summary of Work for the assignment. If a substantially completed written appraisal,
report (original) is delivered to the County by the due date, or by a date mutually
agreed upon, but which report fails to comply with the Uniform Standards of
Professional Appraisal Practice (USPAP), or which report contains errors or omissions
from within either the body or the addenda, Consultant shall, within fourteen (14)
calendar days from the date of notification by the County Project Manager, furnish
such corrected and/or additional pages which will bring the appraisal report into
compliance with the USPAP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Consultant within said
fourteen (14) day period. Nor shall Consultant charge the County any additional fees
from bringing written appraisal reports into compliance with the USPAP, for correcting
any errors, or for providing previously omitted materials,
6. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would
be forfeited by the Consultant and that the following schedule shall govern the
deduction for late performance:
6.1 In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Consultant by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
6.2 In the event that circumstances beyond the control of Consultant cause
completion of the services to be delayed beyond the due date as set forth in a County
Purchase Order, and prior to said due date there is a mutual understanding between
the parties to this Agreement that such delays were beyond the control of Consultant,
the County Manager or designee may issue an written extension of the due date
without penalty deduction. Said extension shall cite the reason for delay in completion
of the appraisal report and shall set a new due date for submission of the report.
Deductions as described above shall apply to the revised due date.
7. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
Page ; 4
#15-6423-Real Estate Appraisal Services
Consultant-Maxwell,Hendry&Simmons,LLC
Packet Page -868- c^
9/22/2015 16.A.18.
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes, Certificate of Exemption# 85-8015966531C-2.
8. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Maxwell,Hendry &Simmons,LLC
12600 World Plaza Lane, Suite 63
Fort Myers,FL 33907
Attention: Gerald A.Hendry,MAI,CCIM
Telephone: 239-337-0555
Fax:239-337-3747
Email:geraldh@mhsappraisal.com
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail,East
Naples,Florida 34112
Attention: Joanne Markiewicz, Director,Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
9. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
10. PERMITS: LICENSES: TAXES. In compliance with Section 218,S0, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. The
County will not be obligated to pay for any permits obtained by SubConsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Consultant. The Consultant shall also be solely
responsible for payment of any and all taxes levied on the Consultant. In addition, the
Consultant shall comply with all rules, regulations and laws of Collier County, the State
of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant
Page I5
#15-6423-Real Estate Appraisal Services
Consultant-Maxwell,Hendry&Simmons,LLC
Packet Page -869-
-.J
9/22/2015 16.A.18.
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Consultant.
11. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
12. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
In the event that the County terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Consultant shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
13. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
1 INSURANCE. T Ity ll ide insurance as follows:
1�. The Consultant shall
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
Page 6
#15-6423-Real Estate Appraisal Services
Consultant-Maxwell,Hendry&Simmons,LLC
Packet Page -870-
9/22/2015 16.A.18.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (10) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all sub-Consultants comply with the same insurance
requirements that the Consultant is required to meet.
15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
15.1 The duty to defend under this Article 15 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Consultant, County and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Consultant. Consultant's obligation to indemnify and defend under this
Page I7
#15-o423-Real Estate Appraisal Services
Consultant-Maxwell,Hendry Sr Simmons,LLC
Packet Page -871-
9/22/2015 16.A.18.
Article 15 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the County or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Growth Management Department.
17. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit "A" Scope of Services, Exhibit "B" Rate Schedule, Consultant's
Proposal, Insurance Certificate(s), RFP # 15-6423, "Real Estate Appraisal Services"
including any Addenda and exhibits, and subsequent Quotations/Purchase Orders.
19. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
20. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
21. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Consultant is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida
Page I8
#115-6423-Real Estate Appraisal Services
Consultant-Maxwell,Hendry Bi Simmons,LLC
Packet Page -872-
9/22/2015 16.A.18.
Public Records Law Chapter 119 (including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(d) and (3))) stated as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the Consultant to comply
with public records laws,specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Consultant upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
(3) If a Consultant does not comply with a public records request, the public agency
shall enforce the contract provisions in accordance with the contract.
If Consultant observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Consultant to comply with the
laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
23. AGREEMENT TERMS. If any portion of this Agreement is held to be void; invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
24. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
Page I9
#15-6423-Real Estate Appraisal Services
Consultant-Maxwell,Hendry&Simmons,LLC i
Packet Page -873-
9/22/2015 16.A.18.
25. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Consultant with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
26. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
27. CONTRACT STAFFING. The Consultant's personnel and management to be utilized
for this agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the contract. The Consultant
shall assign as many people as necessary to complete the required services on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
28. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal, the Consultant's
Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
29. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Consultant does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Consultant all of the
obligations and responsibilities that Consultant has assumed toward the County.
* * * * *
Page 110
415-6423—Real Estate Appraisal Services
Consultant-Maxwell,Hendry&Simmons,LLC
Packet Page -874- .'`�i
9/22/2015 16.A.18.
IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLORIDA
Dwight E. Brock,Clerk of Courts
By: By:
Tim Nance,Chairman
Dated:
(SEAL)
Maxwell, Hendry & Simmons, LLC
Consultant
By:
Consultant's First Witness Signature
Type/print signature and title
Type/print witness name
Consultant's Second Witness
Type/print witness name
Approved as to Form and Legality:
Assistant County Attorney
Print Name
Page 11
#15-6423-Real Estate Appraisal Services
Consultant-Maxwell,Hendry&Simmons,LLC
Packet Page -875-
9/22/2015 16.A.18.
EXHIBIT "A" - SCOPE OF SERVICES
Services to be provided by the Consultant may include,but are not limited to the following:
• Developing and reporting of real estate appraisals as described above.
• Undertaking and reporting on the results of damages studies.
• Attending and consulting at mediation and settlement conferences.
• Testifying in eminent domain proceedings (hearings, depositions and trials).
• Performing market rate and rent studies.
• Site selection studies and related consultation.
It shall be understood and agreed that any and all services, materials and equipment shall
comply fully with all Local, State and Federal laws and regulations.
Page 12
#15-6423-Real Estate Appraisal Services
Consultant-Maxwell,Hendry&Simmons,LLC
Packet Page-876-
9/22/2015 16.A.18.
EXHIBIT"B" -RATE SCHEDULE
Category Rate Per Hour
Principal Consultant $225.00
Associate Consultant $175.00
Administrative Assistant $50.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed.
Page 113
#15-6423-Real Estate Appraisal Services
Consultant-Maxwell,Hendry&Simmons,LLC
Packet Page -877- \;
9/22/2015 16.A.18.
AGREEMENT15-6423
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this day of 2015, by
and between RKL Appraisal and Consulting, PLC, authorized to do business in the State of
Florida, whose business address is 4500 Executive Drive, Suite 300, Naples, FL 34119, (the
"Consultant") and Collier County, a political subdivision of the State of Florida, (the
"County„):
WITNESSETH:
1. CONTRACT TERM. The Agreement shall be for a one (1) year period, commencing
on Date of Board award and terminating one (1) year from that date, or until such time
as all outstanding Purchase Orders issued prior to the expiration of the Agreement
period have been completed or terminated.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1)year periods. The County shall give the Consultant written notice
of the County's intention to renew the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to 180 days.
The County Manager, or his designee, shall give the Consultant written notice of the
County's intention to extend the Agreement term not less than thirty (30) days prior to
the end of the Agreement term then in effect.
2. COMMENCEMENT. In accordance with this Agreement and with RFP 15-6423 "Real
Estate Appraisal Services,” the Consultant shall commence services, hereinafter
"Work," upon approval by the County Project Manager, or Designee, and the issuance
of a Purchase Order.
3. STATEMENT OF WORK. The Board of County Commissioners deemed ten (10)firms
to be pre-qualified and awarded an Agreement to each firm. Each awardee will enter
into an Agreement to provide complete services for real estate appraisal services on an
as-needed basis as may be required by the County.
Page I 1
#15-6423-Real Estate Appraisal Services
Consultant-RKL Appraisal and Consulting,PLC
Packet Page -878- ! y
9/22/2015 16.A.18.
3.1 The Consultant shall provide real estate appraisal services in accordance
with Exhibit "A" Scope of Services as attached, the terms and conditions of Request
for Proposal (RFP) #15-6423 and the Consultant's proposal,which is referred to herein
and made an integral part of this Agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Parties, in compliance with the County
Procurement Ordinance and Procurement Procedures in effect at the time such
services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the
Consultant that any Work will be awarded to the Consultant. Rather, this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next
paragraph and all Work undertaken by Consultant for the County pursuant to this
Agreement and that procedure during the term and any extension of the term of this
Agreement.
3.2.1 Prior to the issuance of a Purchase Order, the County Project
Manager, or Designee, shall solicit competitive quotes from a minimum of three (3)
Consultants' currently under contract and provide a summary of Work to be
performed. The County reserves the right to select a Consultant for a project that
might have had prior experience with that parcel and for reasons that are in the best
interest of the County. The Consultants' will respond with the information sought
within seven (7) working days; the County will negotiate favorable terms and
conditions, and issue a numbered Purchase Order to initiate the Work. In each
Request for Quotation, the County reserves the right to specify: the period of
completion; deduction of non-performance and in the event of late completion; and
time and materials or lump sum.
4. COMPENSATION. The County shall pay the Consultant for the performance of this
Work pursuant to the prices offered by the Consultant in response to RFP# 15-6423 per
Exhibit B, attached herein and incorporated by reference or subsequent quotes.
4.1 The Consultant shall be paid upon completion or partial completion of
the work tasks as accepted and approved by the County Project Manager, or Designee,
together with the Travel and Reimbursement Expenses as defined in this Agreement.
Payments shall be made to the Consultant when requested as services are rendered,
but not more frequently than once per month, on an estimated percentage complete
for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will
he made upon receipt of a proper invoice and in compliance with Section 218.70, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act".
Page 12
#15-6423-Real Estate Appraisal Services
Consultant-RKL Appraisal and Consulting,PLC
Packet Page -879-
9/22/2015 16.A.18.
4.1.1 The time reported by the Consultant to perform specific Work related to
litigation is subject to final approval by the County Attorney/Assistant County
attorney, or by an attorney employed by and representing the County. Consultant's
invoice must contain a description of the service provided, project and parcel number
(or name), and the amount of fee payable.
4.1.2 Travel and Reimbursable Expenses must be approved in advance in
writing by the County Project Manager, or Designee. Travel expenses shall be
reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties
are expressly excluded.
Reimbursements shall be at the following rates:
Mileage $0.445 per mile
Breakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard-size vehicles
Lodging Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
night
Parking Actual cost of parking
Taxi or Airport Actual cost of either taxi or airport
Limousine limousine
4.1.2.1 Reimbursable items other than travel expenses shall be limited to
the following: telephone long-distance charges, fax charges, photocopying charges
and postage. Reimbursable items will be paid only after Consultant has provided all
receipts. Consultant shall he responsible for all other costs and expenses associated
with activities and solicitations undertaken pursuant to this Agreement.
4.1.2.2 Expenses of transportation and living when traveling in
connection with each Purchase Order, except for local travel within Collier or Lee
Counties, as provided in Section 112.061, F.S., and all Agreement-related mileage for
trips that are from/to destinations outside of Collier or Lee Counties as approved in
advance by the County Project Manager, or Designee.
4.3 Payments will be made for services furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within six
(6) months after completion of Agreement Any untimely submission of invoices
Page 3
#15-6423-Real Estate Appraisal Services
Consultant-RKL Appraisal and Consulting,PLC
Packet Page -880-
9/22/2015 16.A.18.
beyond the specified deadline period is subject to non-payment under the legal
doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with
respect to the timely submission of invoices under this Agreement.
5. COMPLETION/CORRECTION. All appraisal reports provided to the County are
required to comply with the current Uniform Standards of Professional Appraisal
Practice (USPAP) and the Collier County Supplemental Appraisal Standards attached
as Exhibit A in RFP 15-6423. Any non-appraisal activities shall be compliant with
respect to the consulting standards in USPAP and consistent with the specified
summary of Work for the assignment, If a substantially completed written appraisal
report (original) is delivered to the County by the due date, or by a date mutually
agreed upon, but which report fails to comply with the Uniform Standards of
Professional Appraisal Practice (USPAP), or which report contains errors or omissions
from within either the body or the addenda, Consultant shall, within fourteen (14)
calendar days from the date of notification by the County Project Manager, furnish
such corrected and/or additional pages which will bring the appraisal report into
compliance with the USPAP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Consultant within said
fourteen (14) day period. Nor shall Consultant charge the County any additional fees
from bringing written appraisal reports into compliance with the USPAP, for correcting
any errors, or for providing previously omitted materials.
6. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would
be forfeited by the Consultant and that the following schedule shall govern the
deduction for late performance:
6.1 In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Consultant by seven percent (7%) for each
week, or portion thereof,for every week the services are past due; or
6.2 In the event that circumstances beyond the control of Consultant cause
completion of the services to be delayed beyond the due date as set forth in a County
Purchase Order, and prior to said due date there is a mutual understanding between
the parties to this Agreement that such delays were beyond the control of Consultant,
the County Manager or designee may issue an written extension of the due date
without penalty deduction. Said extension shall cite the reason for delay in completion
of the appraisal report and shall set a new due date for submission of the report.
Deductions as described above shall apply to the revised due date.
7. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
Page j4
#15-6423-Real Estate Appraisal Services
Consultant-RKL Appraisal and Consulting,PLC
f',
Packet Page -881-
9/22/2015 16.A.18.
p___
Prformance of the Work. collier County, Florida as a political subdivision of the State
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes, Certificate of Exemption#85-8015966531C-2.
8. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
RKL Appraisal and Consulting,PLC
4500 Executive Drive, Suite 300
Naples, FL 34119
Attention: Rachel M.Zucchi,MAI,CCIM
Telephone: 239-596-0800
Fax: 239-596-0801
Email:rzucchi@rklac.com
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
Attention:Joanne Markiewicz, Director,Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
9. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. The
County will not be obligated to pay for any permits obtained by SubConsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Consultant. The Consultant shall also be solely
responsible for payment of any and all taxes levied on the Consultant. In addition, the
Consultant shall comply with all rules, regulations and laws of Collier County, the State
of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant
Page 5
it15-6423-Real Estate Appraisal Services
Consultant-RKL Appraisal and Consulting,PLC
Packet Page -882-
9/22/2015 16.A.18.
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Consultant.
11. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
12. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
In the event that the County terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Consultant shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
13. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
14. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles; Hired and Non-Owned Vehicles and
Employee Non-Ownership.
Page 6
#15-6423-Real Estate Appraisal Services
Consultant-P.KL Appraisal and Consulting,PLC
Packet Page -883-
9/22/2015 16.A.18.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (10) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverage or Iimits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all sub-Consultants comply with the same insurance
requirements that the Consultant is required to meet.
15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic Ioss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County,
15.1 The duty to defend under this Article 15 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Consultant, County and any indemnified party. The duty to defend arises immediately
Page � 7
#15-6423-Real Estate Appraisal Services
Consultant-RKL Appraisal and Consulting,PLC
Packet Page -884-
9/22/2015 16.A.18.
upon presentation of a claim by any party and written notice of such claim being
provided to Consultant. Consultant's obligation to indemnify and defend under this
Article 15 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the County or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Growth Management Department.
17. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit "A" Scope of Services, Exhibit "B" Rate Schedule, Consultant's
Proposal, Insurance Certificate(s), RFP # 15-6423, "Real Estate Appraisal Services"
including any Addenda and exhibits, and subsequent Quotations/Purchase Orders.
19. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
20. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not Iimited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
21. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Consultant is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 L.S.C. 1324, et seq. and regulations relating thereto, as either may be
Page 18
#15-6423-Real Estate Appraisal Services
Consultant-RKL Appraisal and Consulting,PLC
Packet Page -885- �=
9/22/2015 16.A.18.
amended; taxation, workers' compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida
Public Records Law Chapter 119 (including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(d)and (3))) stated as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the Consultant to comply
with public records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Consultant upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
(3) If a Consultant does not comply with a public records request, the public agency
shall enforce the contract provisions in accordance with the contract.
If Consultant observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Consultant to comply with the
laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
23. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
Page
#1.5-6423-Real Estate Appraisal Services
Consultant-RKL Appraisal and Consulting,PLC
Packet Page -886-
9/22/2015 16.A.18.
24. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
25. DISPUTE RESOLUTION, Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Consultant with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
26. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
27. CONTRACT STAFFING. The Consultant's personnel and management to be utilized
for this agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the contract. The Consultant
shall assign as many people as necessary to complete the required services on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
28. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contact Documents, the terms of the Request for Proposal, the Consultant's
Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
29. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Consultant does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Consultant all of the
obligations and responsibilities that Consultant has assumed toward the County.
Page I10
#15-6423-Real Estate Appraisal Services
Consultant-RKL Appraisal and Consulting,PLC
Packet Page-887- �,1,.
9/22/2015 16.A.18.
IN WITNESS WHEREOF, the parties hereto,have each, respectively,by an authorized
person or agent,have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tim Nance, Chairman
Dated:
(SEAL)
RKL Appraisal and Consulting, PLC
Consultant
By:
Consultant's First Witness Signature
Type/print signature and title
Type/print witness name
ConsuItant's Second Witness
Type/print witness name
Approved as to Form and Legality:
, •
Assistant County Attorney
Print Name
Page 11
#15-6423-Real Estate Appraisal Services
Consultant-RKL Appraisal and Consulting,PLC
Packet Page -888- 1,j,
9/22/2015 16.A.18.
EXHIBIT "A" - SCOPE OF SERVICES
Services to be provided by the Consultant may include,but are not limited to the following:
• Developing and reporting of real estate appraisals as described above.
• Undertaking and reporting on the results of damages studies.
• Attending and consulting at mediation and settlement conferences.
• Testifying in eminent domain proceedings (hearings, depositions and trials).
• Performing market rate and rent studies.
• Site selection studies and related consultation.
It shall be understood and agreed that any and all services, materials and equipment shall
comply fully with all Local,State and Federal laws and regulations.
Page 112
#15-6423-Real Estate Appraisal Services
Consultant-RKL Appraisal and Consulting,PLC
Packet Page -889- 'n()`.
9/22/2015 16.A.18.
EXHIBIT"B"-RATE SCHEDULE
Category Rate Per Hour
Appraisals $150.00
Litigation Support $200.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed.
Page 113
#15-6423—Real Estate Appraisal Services
Consultant-RKL Appraisal and Consulting.PLC
Packet Page -890- �r1 �
9/22/2015 16.A.18.
AGREEMENT15-6423
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this day of 2015,by
and between T.A. Tippett, Inc., authorized to do business in the State of Florida, whose
business address is 1061 Collier Center Way, Suite 3, Naples, FL 34110, (the "Consultant")
and Collier County, a political subdivision of the State of Florida,(the "County"):
WITNESSETH:
1. CONTRACT TERM. The Agreement shall be for a one (1) year period, commencing
on Date of Board award and terminating one (1) year from that date, or until such time
as all outstanding Purchase Orders issued prior to the expiration of the Agreement
period have been completed or terminated.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one(1)year periods. The County shall give the Consultant written notice
of the County's intention to renew the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to 180 days.
The County Manager, or his designee, shall give the Consultant written notice of the
County's intention to extend the Agreement term not less than thirty (30) days prior to
the end of the Agreement term then in effect.
2 COMMENCEMENT. In accordance with this Agreement and with RFP 15-6423 "Real
Estate Appraisal Services," the Consultant shall commence services, hereinafter
"Work," upon approval by the County Project Manager, or Designee, and the issuance
of a Purchase Order.
3. STATEMENT OF WORK. The Board of County Commissioners deemed ten (10) firms
to be pre-qualified and awarded an Agreement to each firm. Each awardee will enter
into an Agreement to provide complete services for real estate appraisal services on an
as-needed basis as may be required by the County.
Page 1
#15-6423-Real Estate Appraisal Services
Consultant-TA.Tippett,Inc.
Packet Page -891- ,
9/22/2015 16.A.18.
3.1 The Consultant shall provide real estate appraisal services in accordance
with Exhibit "A" Scope of Services as attached, the terms and conditions of Request
for Proposal (RFP) #15-6423 and the Consultant's proposal, which is referred to herein
and made an integral part of this Agreement This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Parties, in compliance with the County
Procurement Ordinance and Procurement Procedures in effect at the time such
services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the
Consultant that any Work will be awarded to the Consultant Rather, this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next
paragraph and all Work undertaken by Consultant for the County pursuant to this
Agreement and that procedure during the term and any extension of the term of this
Agreement.
3.2.1 Prior to the issuance of a Purchase Order, the County Project
Manager, or Designee, shall solicit competitive quotes from a minimum of three (3)
Consultants currently under contract and provide a summary of Work to be
performed. The County reserves the right to select a Consultant for a project that
might have had prior experience with that parcel and for reasons that are in the best
interest of the County. The Consultants' will respond with the information sought
within seven (7) working days; the County will negotiate favorable terms and
conditions, and issue a numbered Purchase Order to initiate the Work. In each
Request for Quotation, the County reserves the right to specify: the period of
completion; deduction of non-performance and in the event of late completion; and
time and materials or lump sum.
4. COMPENSATION. The County shall pay the Consultant for the performance of this
Work pursuant to the prices offered by the Consultant in response to RFP# 15-6423 per
Exhibit B,attached herein and incorporated by reference or subsequent quotes.
4.1 The Consultant shall be paid upon completion or partial completion of
the work tasks as accepted and approved by the County Project Manager,or Designee,
together with the Travel and Reimbursement Expenses as defined in this Agreement.
Payments shall be made to the Consultant when requested as services are rendered,
but not more frequently than once per month, on an estimated percentage complete
for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will
be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla,
Stats.,otherwise known as the"Local Government Prompt Payment Act".
4.1.1 The time reported by the Consultant to perform specific Work related to
litigation is subject to final approval by the County Attorney, or by an attorney
employed by and representing the County. Consultant's invoice must contain a
Page 2
#15-6423-Real Estate Appraisal Services
Consultant-T.A.Tippett,Inc.
Packet Page -892- ,,�
L..
9/22/2015 16.A.18.
description of the service provided, project and parcel number (or name), and the
amount of fee payable.
4.1.2 Travel and Reimbursable Expenses must be approved in advance in
writing by the County Project Manager, or Designee. Travel expenses shall be
reimbursed as per Section 112.061 Fla.Stats. Any trips within Collier and Lee Counties
are expressly excluded.
Reimbursements shall be at the following rates:
Mileage $0.445 per mile
Breakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard-size vehicles
Lodging Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
night
Parking Actual cost of parking
Taxi or Airport Actual cost of either taxi or airport
Limousine limousine
4.1.2.1 Reimbursable items other than travel expenses shall be limited to
the following: telephone long-distance charges, fax charges, photocopying charges
and postage. Reimbursable items will be paid only after Consultant has provided all
receipts. Consultant shall be responsible for all other costs and expenses associated
with activities and solicitations undertaken pursuant to this Agreement
4.1.2.2 Expenses of transportation and living when traveling in
connection with each Purchase Order, except for local travel within Collier or Lee
Counties, as provided in Section 112.061, F.S., and all Agreement-related mileage for
trips that are from/to destinations outside of Collier or Lee Counties as approved in
advance by the County Project Manager,or Designee.
4.3 Payments will be made for services furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within six
(6) months after completion of Agreement Any untimely submission of invoices
beyond the specified deadline period is subject to non-payment under the legal
doctrine of"lathes" as untimely submitted. Time shall be deemed of the essence with
respect to the timely submission of invoices under this Agreement.
Page I 3
#15-6423-Real Estate Appraisal Services
Consultant-T.A.Tippets,Inc.
Packet Page-893- C
9/22/2015 16.A.18.
5. COMPLETION/CORRECTION. All appraisal reports provided to the County are
required to comply with the current Uniform Standards of Professional Appraisal
Practice (USPAP) and the Collier County Supplemental Appraisal Standards attached
as Exhibit A in RFP 15-6423. Any non-appraisal activities shall be compliant with
respect to the consulting standards in USPAP and consistent with the specified
summary of Work for the assignment. If a substantially completed written appraisal
report (original) is delivered to the County by the due date, or by a date mutually
agreed upon, but which report fails to comply with the Uniform Standards of
Professional Appraisal Practice (USPAP), or which report contains errors or omissions
from within either the body or the addenda, Consultant shall, within fourteen (14)
calendar days from the date of notification by the County Project Manager, furnish
such corrected and/or additional pages which will bring the appraisal report into
compliance with the USPAP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Consultant within said
fourteen (14) day period. Nor shall Consultant charge the County any additional fees
from bringing written appraisal reports into compliance with the USPAP,for correcting
any errors,or for providing previously omitted materials.
6. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would
be forfeited by the Consultant and that the following schedule shall govern the
deduction for late performance:
6.1 In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Consultant by seven percent (7%) for each
week,or portion thereof,for every week the services are past due;or
6.2 In the event that circumstances beyond the control of Consultant cause
completion of the services to be delayed beyond the due date as set forth in a County
Purchase Order, and prior to said due date there is a mutual understanding between
the parties to this Agreement that such delays were beyond the control of Consultant,
the County Manager or designee may issue an written extension of the due date
without penalty deduction. Said extension shall cite the reason for delay in completion
of the appraisal report and shall set a new due date for submission of the report.
Deductions as described above shall apply to the revised due date.
7. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
of Florida,is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes,Certificate of Exemption#85-8015966531C-2.
Page 14
5715-64M-Real Estate Appraisal Services
Consultant-T.A.Tippett,Inc.
Packet Page -894- ?�'
9/22/2015 16.A.18.
8. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
T.A.Tippett,Inc.
1061 Collier Center Way,Suite 3
Naples,FL 34110
Attention:Thomas A.Tippett,MAI
Telephone:239405-8551 Ext.1
Fa= 239-405-8547
Email:tom@tatippett.com
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail,East
Naples,Florida 34112
Attention:Joanne Markiewicz,Director,Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
9. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant The
County will not be obligated to pay for any permits obtained by SubConsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Consultant The Consultant shall also be solely
responsible for payment of any and all taxes levied on the Consultant. In addition, the
Consultant shall comply with all rules, regulations and laws of Collier County, the State
of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Consultant.
Page 5
#15-6423-Real Estate Appraisal Services
Consultant-T.A.Tippett,Inc.
Packet Page-895-
9/22/2015 16.A.18.
11. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever,County facilities for any improper,immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
12. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
In the event that the County terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Consultant shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
13. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race,sex,color,creed or national origin.
14. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 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.
Page I 6
#15-6423-Real Estate Appraisal Services
Consultant-T.A.Tippett,Inc.
Packet Page-896-
9/22/2015 16.A.18.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and induded as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of ten (10) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all sub-Consultants comply with the same insurance
requirements that the Consultant is required to meet.
15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
15.1 The duty to defend under this Article 15 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Consultant, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Consultant. Consultant's obligation to indemnify and defend
under this Article 15 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the County or
Page I 7
#15-6123-Real Estate Appraisal Services
Consultant-TA Tippett,Inc
Packet Page -897- ��
9/22/2015 16.A.18.
an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Growth Management Department.
17. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit "A" Scope of Services, Exhibit "B" Rate Schedule, Consultant's
Proposal, Insurance Certificate(s), RFP # 15-6423, "Real Estate Appraisal Services"
including any Addenda and exhibits,and subsequent Quotations/Purchase Orders.
19. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
20. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
21. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Consultant is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances,rules, regulations and requirements applicable to this Agreement,including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida
Public Records Law Chapter 119 (including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(d) and (3))) stated as follows:
Page I 8
#15-6423-Real Estate Appraisal Services
Consultant-T.A.Tippett,Inc.
Packet Page 498-
9/22/2015 16.A.18.
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the Consultant to comply
with public records laws,specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Consultant upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
(3) If a Consultant does not comply with a public records request, the public agency
shall enforce the contract provisions in accordance with the contract.
If Consultant observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Consultant to comply with the
laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
23. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
24. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
25. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties,the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
Page J 9
##15-64Z-Real Estate Appraisal Services
Consultant-T.A.Tippet,Inc.
Packet Page -899-
9/22/2015 16.A.18.
attended by representatives of Consultant with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement,the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102,Fla. Stat.
26. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
27. CONTRACT STAFFING. The Consultant's personnel and management to be utilized
for this agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the contract. The Consultant
shall assign as many people as necessary to complete the required services on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
28. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal, the Consultant's
Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
29. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof,without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Consultant does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Consultant all of the
obligations and responsibilities that Consultant has assumed toward the County.
Page 10
#15-6423-Real Estate Appraisal Services
Consultant-T.A.Tippett Inc.
Packet Page-900- 6",
9/22/2015 16.A.18.
IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized
person or agent,have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLORIDA
Dwight E. Brock,Clerk of Courts
By: By:
Tim Nance,Chairman
Dated:
(SEAL)
T.A. Tippett,Inc.
Consultant
By:
Consultant's First Witness Signature
Type/print signature and title
Type/print witness name
Consultant's Second Witness
Type/print witness name
Approved as to Form and Legality:
�i
Assistant County Attorney
Print Name
Page 1 11
#15-6423-Real Estate Appraisal Seivices
Consultant-T.A.Tippett,Inc.
c=AC
Packet Page -901-
9/22/2015 16.A.18.
EXHIBIT"A" -SCOPE OF SERVICES
Services to be provided by the Consultant may include,but are not limited to the following:
• Developing and reporting of real estate appraisals as described above.
• Undertaking and reporting on the results of damages studies.
• Attending and consulting at mediation and settlement conferences.
• Testifying in eminent domain proceedings(hearings,depositions and trials).
• Performing market rate and rent studies.
• Site selection studies and related consultation.
It shall be understood and agreed that any and all services, materials and equipment shall
comply fully with all Local,State and Federal laws and regulations.
Page I12
#15-6423-Real Estate Appraisal Services
Consultant-T.A Tippett,Inc.
Packet Page -902- �t�
9/22/2015 16.A.18.
EXHIBIT"B" -RATE SCHEDULE
Category Rate Per Hour
T.A.Tippett,Inc. $175.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed.
Page 13
#15-6423-Real Estate Appraisal Services
Consultant-T.A Tippett,Inc.
Packet Page -903-
9/22/2015 16.A.18.
AGREEMENT15-6423
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this day of 2015,by
and between Wilcox Appraisal Services, Inc., authorized to do business in the State of
Florida, whose business address is 1633 S.E. 41st Street, Cape Coral, FL 33904, (the
"Consultant") and Collier County, a political subdivision of the State of Florida, (the
"County"):
WITNESSETH:
1. CONTRACT TERM. The Agreement shall be for a one (1) year period, commencing
on Date of Board award and terminating one (1)year from that date,or until such time
as all outstanding Purchase Orders issued prior to the expiration of the Agreement
period have been completed or terminated.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1)year periods. The County shall give the Consultant written notice
of the County's intention to renew the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
The County Manager, or designee, may, at his discretion, extend the Agreement under
all of the terms and conditions contained in this Agreement for up to 180 days. The
County Manager, or his designee, shall give the Consultant written notice of the
County's intention to extend the Agreement term not less than thirty (30) days prior to
the end of the Agreement term then in effect.
2. COMMENCEMENT. In accordance with this Agreement and with RFP 15-6423 "Real
Estate Appraisal Services," the Consultant shall commence services, hereinafter
"Work," upon approval by the County Project Manager, or Designee, and the issuance
of a Purchase Order.
3. STATEMENT OF WORK. The Board of County Commissioners deemed ten (10) firms
to be pre-qualified and awarded an Agreement to each firm. Each awardee will enter
into an Agreement to provide complete services for real estate appraisal services on an
as-needed basis as may be required by the County.
Page t
#15-6423—Real Estate Appraisal Services
Consultant-Wilcox Appraisal Services,Inc.
Packet Page -904-
9/22/2015 16.A.18.
3.1 The Consultant shall provide real estate appraisal services in accordance
with Exhibit "A" Scope of Services as attached, the terms and conditions of Request
for Proposal (RFP) #15-6423 and the Consultant's proposal,which is referred to herein
and made an integral part of this Agreement This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Parties, in compliance with the County
Procurement Ordinance and Procurement Procedures in effect at the time such
services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the
Consultant that any Work will be awarded to the Consultant Rather,this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next
paragraph and all Work undertaken by Consultant for the County pursuant to this
Agreement and that procedure during the term and any extension of the term of this
Agreement
3.2.1 Prior to the issuance of a Purchase Order, the County Project
Manager, or Designee, shall solicit competitive quotes from a minimum of three (3)
Consultants currently under contract and provide a summary of Work to be
performed. The County reserves the right to select a Consultant for a project that
might have had prior experience with that parcel and for reasons that are in the best
interest of the County. The Consultants will respond with the information sought
within seven (7) working days; the County will negotiate favorable terms and
conditions, and issue a numbered Purchase Order to initiate the Work. In each
Request for Quotation (RFQ), the County reserves the right to specify: the period of
completion; deduction of non-performance and in the event of late completion; and
time and materials or lump sum.
4. COMPENSATION: The County shall pay the Consultant for the performance of this
Work pursuant to the prices offered by the Consultant in response to RFP# 15-6423 per
Exhibit B,attached herein and incorporated by reference or subsequent quotes.
4.1 The Consultant shall be paid upon completion or partial completion of
the work tasks as accepted and approved by the County Project Manager, or Designee,
together with the Travel and Reimbursement Expenses as defined in this Agreement.
Payments shall be made to the Consultant when requested as services are rendered,
but not more frequently than once per month, on an estimated percentage complete
for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will
be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act".
Page¶2
#15-6423—Real Estate Appraisal Services
Consultant-Wilcox Appraisal Services,Inc.
Packet Page -905-
9/22/2015 16.A.18.
4.1.1 The time reported by the Consultant to perform specific Work related to
litigation is subject to final approval by the County Attorney/Assistant County
Attorney, or by an attorney employed by and representing the County. Consultant's
invoice must contain a description of the service provided,project and parcel number
(or name), and the amount of fee payable.
4.1.2 Travel and Reimbursable Expenses must be approved in advance in
writing by the County Project Manager, or Designee. Travel expenses shall be
reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties
are expressly excluded.
Reimbursements shall be at the following rates:
Mileage $0.445 per mile
Breakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard-size vehicles
Lodging Actual cost of lodging at single occupancy
rate with a cap of no more than $150.00 per
night
Parking Actual cost of parking
Taxi or Airport Actual cost of either taxi or airport
Limousine limousine
4.1.2.1 Reimbursable items other than travel expenses shall be limited to
the following: telephone long-distance charges, fax charges, photocopying charges
and postage. Reimbursable items will be paid only after Consultant has provided all
receipts. Consultant shall be responsible for all other costs and expenses associated
with activities and solicitations undertaken pursuant to this Agreement.
4.1.2.2 Expenses of transportation and living when traveling in
connection with each Purchase Order, except for local travel within Collier or Lee
Counties, as provided in Section 112.061, F.S., and all Agreement-related mileage for
trips that are from/to destinations outside of Collier or Lee Counties as approved in
advance by the County Project Manager,or Designee.
4.3 Payments will be made for services furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within six
Page(3
#15-6423—Real Estate Appraisal Services
Consultant-Wilcox Appraisal Services,Inc.
O
Packet Page -906- c.)
9/22/2015 16.A.18.
(6) months after completion of Agreement 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. COMPLETION/CORRECTION:, All appraisal reports provided to the County are
required to comply with the current Uniform Standards of Professional Appraisal
Practice (USPAP) and the Collier County Supplemental Appraisal Standards attached
as Exhibit A in RFP 15-6423. Any non-appraisal activities shall be compliant with
respect to the consulting standards in USPAP and consistent with the specified
summary of Work for the assignment If a substantially completed written appraisal
report (original) is delivered to the County by the due date, or by a date mutually
agreed upon, but which report fails to comply with the Uniform Standards of
Professional Appraisal Practice (USPAP), or which report contains errors or omissions
from within either the body or the addenda, Consultant shall, within fourteen (14)
calendar days from the date of notification by the County Project Manager, furnish
such corrected and/or additional pages which will bring the appraisal report into
compliance with the USPAP and/or correct such errors and omissions (if any). No
penalty for late performance will be charged against the Consultant within said
fourteen (14) day period. Nor shall Consultant charge the County arty additional fees
from bringing written appraisal reports into compliance with the USPAP, for correcting
any errors, or for providing previously omitted materials.
6. DEDUCTIONS FOR NON-PERFORMANCE: It is acknowledged that time is of the
essence. The County reserves the right to deduct portions of the (monthly) invoiced
amount for items not completed within the expressed time frame. These funds would
be forfeited by the Consultant and that the following schedule shall govern the
deduction for late performance:
6.1 In the event that the services are not completed and submitted to County in
accordance with the due date as set forth in a County Purchase Order; then County at
its discretion may reduce the fee payable to Consultant by seven percent (7%) for each
week, or portion thereof, for every week the services are past due; or
6.2 In the event that circumstances beyond the control of Consultant cause
completion of the services to be delayed beyond the due date as set forth in a County
Purchase Order, and prior to said due date there is a mutual understanding between
the parties to this Agreement that such delays were beyond the control of Consultant,
the County Manager or designee may issue an written extension of the due date
without penalty deduction. Said extension shall cite the reason for delay in completion
of the appraisal report and shall set a new due date for submission of the report.
Deductions as described above shall apply to the revised due date.
Page 14
#15-6423—Real Estate Appraisal Services
Consultant-Wilcox Appraisal Services,Inc.
O
Packet Page -907- C>
9/22/2015 16.A.18.
7. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County,Florida as a political subdivision of the State
of Florida,is exempt from the payment of Florida sales tax to its vendors under Chapter
212,Florida Statutes,Certificate of Exemption#85-8015966531C-2.
8. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Wilcox Appraisal Services,Inc.
1633 S.E.41st Street
Cape Coral,FL 33904
Attention:R.Alan Wilcox,MAI,SRA
Telephone:239-542-2311
Fax:239-542-4995
Email:awilcoxmaisra @comcast.net
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Joanne Markiewicz,Director,Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
9. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant The
County will not be obligated to pay for any permits obtained by SubConsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Consultant The Consultant shall also be solely
Page!5
#15-6423—Real Estate Appraisal Services
Consultant-Wilcox Appraisal Services,Inc.
Packet Page -908-
9/22/2015 16.A.18.
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.
11. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever,County facilities for any improper,immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
12. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
In the event that the County terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Consultant shall not be entitled to any other or further recovery
against the County, including,but not limited to, any damages or any anticipated profit
on portions of the services not performed.
13. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race,sex, color,creed or national origin.
14. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants;
Products and Completed Operations and Contractual Liability.
Page 16
#15-6423—Real Estate Appraisal Services
Consultant-Wilcox Appraisal Services,Inc.
Packet Page -909-
9/22/2015 16.A.18.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 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.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of ten (10) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all sub-Consultants comply with the same insurance
requirements that the Consultant is required to meet
15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
Page 17
#15-6423—Real Estate Appraisal Services
Consultant-Wilcox Appraisal Services,Inc.
Packet Page -910- �.
9/22/2015 16.A.18.
15.1 The duty to defend under this Article 15 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Consultant, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such claim
being provided to Consultant. Consultant's obligation to indemnify and defend under
this Article 15 will survive the expiration or earlier termination of this Agreement until
it is determined by final judgment that an action against the County or an indemnified
party for the matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Growth Management Department.
17. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit "A" Scope of Services, Exhibit "B" Rate Schedule, Consultant's
Proposal, insurance Certificate(s), RFP # 15-6423, "Real Estate Appraisal Services"
including any Addenda and exhibits,and subsequent Quotations/Purchase Orders.
19. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
20. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
21. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Consultant is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
Page 18
t 15-6423—Real Estate Appraisal Services
Consultant-Wilcox Appraisal Services,Inc.
Packet Page-911- j
9/22/2015 16.A.18.
ordinances,rules,regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida
Public Records Law Chapter 119 (including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(d)and (3))) stated as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the Consultant to comply
with public records laws,specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Consultant upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
(3) If a Consultant does not comply with a public records request, the public agency
shall enforce the contract provisions in accordance with the contract.
If Consultant observes that the Contract Documents are at valiance therewith, it shall
promptly notify the County in writing. Failure by the Consultant to comply with the
laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
Page 19
#15-6423—Real Estate Appraisal Services
Consultant-Wilcox Appraisal Services,Inc.
Packet Page -912- e-cs
9/22/2015 16.A.18.
23. AGREEMENT TERMS. If any portion of this Agreement is held to be void,invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
24. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
25. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties,the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Consultant with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102,Fla. Stat.
26. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
27. CONTRACT STAFFING. The Consultant's personnel and management to be utilized
for this agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the contract. The Consultant
shall assign as many people as necessary to complete the required services on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
28. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal, the Consultant's
Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
29. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof,without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Page 110
#15-6423—Real Estate Appraisal Services
Consultant-Wilcox Appraisal Services,Inc.
Packet Page -913- `'
9/22/2015 16.A.18.
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.
IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized
person or agent,have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLORIDA
Dwight E. Brock,Clerk of Courts
By: By:
Tim Nance,Chairman
Dated: _
(SEAL)
Wilcox Appraisal Services, Inc.
Consultant
By:
Consultant's First Witness Signature
Type/print witness name Type/print signature and title
Consultant's Second Witness
Type/print witness name
Approved as to Form and Legality:
Assistant County Attorney
Print Name
Page 11
#15-6423—Real Estate Appraisal Services
Consultant-Wilcox Appraisal Services,Inc.
Packet Page -914- ��
9/22/2015 16.A.18.
EXHIBIT "A" - SCOPE OF SERVICES
Services to be provided by the Consultant may include,but are not limited to the following:
• Developing and reporting of real estate appraisals as described above.
• Undertaking and reporting on the results of damages studies.
• Attending and consulting at mediation and settlement conferences.
• Testifying in eminent domain proceedings(hearings,depositions and trials).
• Performing market rate and rent studies.
• Site selection studies and related consultation.
It shall be understood and agreed that any and all services, materials and equipment shall
comply fully with all Local,State and Federal laws and regulations.
Page 112
#15-6423—Real Estate Appraisal Services
Consultant-Wilcox Appraisal Services,Inc.
Packet Page -915- ��`'
9/22/2015 16.A.18.
EXHIBIT"B" - RATE SCHEDULE
Category Rate Per Hour
R. Alan Wilcox,MAI,SRA $175.00
Patricia A. Wilcox,SRA $125.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and firm
on a project by project basis as needed.
Page 13
#15.6423—Real Estate Appraisal Services
Consultant-Wilcox Appraisal Services,Inc.
Packet Page -916-
9/22/2015 16.A.18.
REQUEST FOR PROPOSAL
Corer County
Administrative Services Division
Procurement Services
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Solicitation 15-6423, Real Estate Appraisal Services
Evelyn Colon, Procurement Strategist
239-252-2667(Telephone)
239-252-2810 (Fax)
evelyncolon @colliergov.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.
a
..FP .i ,.,. ,,.. .I' JTetT yc•�'I .b;i. H'i^/. Cil _
Packet Page -917-
9/22/2015 16.A.18.
Table of Contents
LEGAL NOTICE 3
EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4
EXHIBIT II:GENERAL RFP INSTRUCTIONS 9
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 13
EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 17
ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 26
ATTACHMENT 2:VENDOR CHECK LIST 27
ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 28
ATTACHMENT 4:VENDOR DECLARATION STATEMENT 29
ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 31
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION 32
ATTACHMENT 7:VENDOR SUBSTITUTE W—9 33
ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS 34
ATTACHMENT 9: REFERENCE QUESTIONNAIRE 36
15-6423, Real Estate Appraisal Services
2
Packet Page -918-
9/22/2015 16.A.18.
Col':Lier County
• Administrative Services Division
Procurement Services
Legal Notice
Sealed Proposals to provide Real Estate Appraisal Services will be received until 3:00PM Naples
local time, on April 27, 2015 at the Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112.
Solicitation
15-6423, Real Estate Appraisal Services
Services to be provided may include, but not be limited to the following:
• The development and reporting of real estate appraisals.
• Undertaking and reporting on the results of damages studies.
• Attendance and consultation at mediation and settlement conferences.
• Testimony in eminent domain proceedings (hearings, depositions and trials).
• Market Rent studies.
• Site selection studies and related consultation.
• Cost Estimating.
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
Director, Procurement Services
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County
Government Center on March 30, 2015.
15-6423, Real Estate Appraisal Services
3
Packet Page -919-
9/22/2015 16.A.18.
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Growth Management Division (hereinafter, the "Division"), the
Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") 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
In order to expedite land acquisition, and extend the time available for negotiations with property owners,
the County intends to enter into annual agreements with a number of appraisers and/or appraisal firms.
This will enable the County to easily engage an appraiser for a specific assignment without going through
a formal bidding process. Historically, County departments have spent approximately $120,000.00
annually.
This solicitation anticipates the selection of approximately six appraisers and/or appraisal firms and
reverses the right to solicit quotes for appraisals under$3,000.00.
Detailed Scope of Work
Collier County has ongoing land acquisition efforts for storm water and road projects, utility projects,
Conservation Collier land preservation efforts and other governmental needs. One of the most
important components of these efforts involves appraisals and appraisal related activities.
As such, the County intends to enter into annual hourly rate agreements with a number of appraisers
and/or appraisal firms to provide a variety of appraisal related services. The types of services
typically required by the County range from short form comparable sales valuations of vacant parcels,
to complex estimates of compensation due property owners arising from partial takings of property by the
County, as well as estimates of any severance damages resulting there from. Appraisals may be
reported either in Summary or Self-contained format, as dictated by the purchase order issued by the
County. While some of the appraisals required by the County will be typical estimates of the market
value of"whole" properties, the majority of the assignments will involve property owner compensation
estimates as a result of partial takings from larger parent tracts.
All appraisals must be submitted first to the County's Real Estate Services Department or TECM/ROW
Department (depending on which department ordered the appraisal) in DRAFT form either electronically
or in hard copy. Once the County has reviewed and approved the appraisal, the appraiser will be asked
to submit three (3) copies of the appraisal report each with original signature(s) and full color
photographs. Once all copies are received in final form, the appraiser's invoice will be approved for
payment.
The purpose of this solicitation is for companies to submit proposals which will include hourly rates for
appraisal services, evidence of appraisal expertise/qualifications and, in some cases, sample appraisal
reports from real estate appraisers who might be interested in providing real estate appraisal services to
Collier County on a contractual basis. Additional references may also be required.
15-6423, Real Estate Appraisal Services
4
Packet Page -920-
9/22/2015 16.A.18.
Services to be provided may include, but are not limited to:
• Developing and reporting of real estate appraisals as described above.
• Undertaking and reporting on the results of damages studies.
• Attending and consulting at mediation and settlement conferences.
• Testifying in eminent domain proceedings (hearings, depositions and trials).
• Performing market rate and rent studies.
• Site selection studies and related consultation.
See Exhibit A
It shall be understood and agreed that any and all services, materials and equipment shall comply
fully with all Local, State and Federal laws and regulations.
All appraisal reports provided to the County are required to comply with the current Uniform Standards
of Professional Appraisal Practice (USPAP). Any non-appraisal activities shall be compliant with
respect to the consulting standards in USPAP and consistent with the specified Scope of Work for the
assignment. ALSO SEE COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS "Exhibit
A"
Term of Contract
The contract term, if an award(s) is/are made will begin upon Board Approval and is intended to
be for: one (1) year with three (3) one year renewal options.
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 Procurement
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.
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 Date
Issue Solicitation Notice March 30, 2015
Last Date for Receipt of Written Questions April 13, 2015 @ 3:00PM
Addendum Issued April 17, 2015
Solicitation Deadline Date and Time April 27, 2015 @ 3:00PM
Anticipated Evaluation of Submittals May 2015
Anticipated Board of County Commissioner's Contract Approval Date June 2015
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
15-6423, Real Estate Appraisal Services
5
Packet Page -921-
9/22/2015 16.A.18.
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, Cover Letter/ Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein. Include the name(s), telephone
number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a
signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this
RFP.
2. Tab II, Firms Credentials, Qualifications and Experience of Personnel (Maximum 20 points)
Proposer shall include a description of the proposer's business history and number of years in
operation. Proposer shall include number of employees, when firm was established, principals of
firm, and any other related information. Provide a narrative describing the role of and introducing
each key individual in your firm's organization. Provide an organization chart showing functional
relationships between the proposer, subcontractors (if any) and the County. Show the lines of
communication, authority and assigned responsibility. For each individual shown on the
organization chart, identify their company affiliation and office location, and provide a brief resume.
Rating will be based on the ability of individuals on the proposed firm team to perform the scope of
services. Resumes of key personnel. as provided, and information presented in this section will
be evaluated for ranking the proposer under this item. Identify the location of the firm's staff and
indicate how they will ensure responsiveness to the County upcoming project requirements.
Identify any working relationships that may exist between the proposed project manager and other
key personnel, including subcontractors. Cite previous projects on which the proposed team
members have worked together and their respective roles. Should subcontractor(s) be listed as a
part of the proposer's team, the proposer shall provide a letter from each subcontractor that
indicates the subcontractor's intent to be a part of the team. Proposals submitted without the
referenced letter(s) may result in the subcontractor qualifications being eliminated from the review
process.
15-6423, Real Estate Appraisal Services
6
Packet Page -922-
9/22/2015 16.A.18.
3. Tab IV, Responsiveness (Maximum 30 Points)
Rating will be based on ease of contract administration and responsiveness both during the
project and after the project is completed. Indicate how your firm will be integrated with the
County to achieve a "Team" approach. Describe how the firm will solicit, receive and incorporate
review comments from County personnel.
4. Experience and Capacity of Firm (Maximum 20 points)
• Provide information related to the County that documents your firms qualifications to
produce the required deliverables, including abilities, capacity, skill, and financial
strength, and number of years of experience in providing the required services.
• Describe the various team members' successful experience in working with one
another on previous County projects.
• List Current Work your firm has recently performed in the format Identified below
Original Final Project Number of
Project Description Start Date End Date Budget Cost Change
Orders
5. Tab V, Cost Proposal (Maximum 10 points)
• Rating will be based on hourly cost for services as provided in proposer response.
6. Tab VI, 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. 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 reference questionnaires and create a
ranking from highest number of points to lowest number of points. References marked
with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not
turn in reference forms will be counted as zero (0).
• 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 the 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.
Vendor Name Vendor Total Reference
Points Awarded
Score
Vendor ABC 445 20
Vendor DEF 435 19.6
15-6423, Real Estate Appraisal Services
7
Packet Page -923-
9/22/2015 16.A.18.
Vendor GHI 425 19.1
Vendor JKL 385 17.3
Vendor MNO 385 17.3
Vendor PQR 250 11.2
Note:Sample chart reflects a 20 point reference criterion.
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.
7. Tab VII, Acceptance of Conditions
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.
8. Tab VIII, Required Form Submittals
• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
• Attachment 5: Affidavit for Claiming Status as a Local Business
• Attachment 6: Immigration Affidavit Certification and E-Verify profile page
• Attachment 7: Vendor Substitute W-9
• Attachment 8: Insurance and Bonding Requirements
• Attachment 9: Reference Questionnaire
• Other: Proof of certification as a State Certified General Real Estate Appraiser must be
provided in your proposal.
15-6423, Real Estate Appraisal Services
8
Packet Page -924-
9/22/2015 16.A.18.
Exhibit Il: 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 3:00PM, Naples local time, on or before April 27, 2015 @
3:00PM to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
15-6423, Real Estate Appraisal Services
9
Packet Page -925-
9/22/2015 16.A.18.
Attn: Evelyn Colon, Procurement Strategist
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 Procurement
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 F disks (CD's/DVD's) 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 2013-69 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 Strategist 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 Strategist shall publicly post prior
notice of such meeting in the lobby of the Purchasing Building.
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 Strategist 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
the meeting. The Procurement Strategist will also post prior notice of all subsequent
15-6423. Real Estate Appraisal Services
10
Packet Page-926-
9/22/2015 16.A.18.
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 final
recommendation will be decided based on review of scores and consensus of committee.
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, Firms Credentials, Qualifications and Experience of Personnel 30
Tab III, Responsiveness 20
Tab IV, Experience and Capacity of Firm 10
Tab V, Cost Proposal 20
Tab VI, References 10
Local Vendor Preference 10
TOTAL Number of Points 100
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
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
15-6423, Real Estate Appraisal Services
11
Packet Page -927-
9/22/2015 16.A.18.
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.
15-6423, Real Estate Appraisal Services
12
Packet Page-928-
9/22/2015 16.A.18.
Exhibit Ill: Collier County Purchase Order Terms and Conditions
1. Offer regulations. Risk of loss of any goods
This offer is subject to cancellation by the sold hereunder shall transfer to the
COUNTY without notice if not accepted by COUNTY at the time and place of
VENDOR within fourteen (14) days of delivery; provided that risk of loss prior
issuance. to actual receipt of the goods by the
COUNTY nonetheless remain with
2. Acceptance and Confirmation VENDOR.
This Purchase Order (including all b) No charges will be paid by the COUNTY
documents attached to or referenced for packing, crating or cartage unless
therein) constitutes the entire agreement otherwise specifically stated in this
between the parties, unless otherwise Purchase Order. Unless otherwise
specifically noted by the COUNTY on the provided in Purchase Order, no invoices
face of this Purchase Order. Each delivery shall be issued nor payments made
of goods and/or services received by the prior to delivery. Unless freight and
COUNTY from VENDOR shall be deemed to other charges are itemized, any
be upon the terms and conditions contained discount will be taken on the full amount
in this Purchase Order. of invoice.
c) All shipments of goods scheduled on the
No additional terms may be added and same day via the same route must be
Purchase Order may not be changed except consolidated. Each shipping container
by written instrument executed by the must be consecutively numbered and
COUNTY. VENDOR is deemed to be on marked to show this Purchase Order
notice that the COUNTY objects to any number. The container and Purchase
additional or different terms and conditions Order numbers must be indicated on bill
contained in any acknowledgment, invoice of lading. Packing slips must show
or other communication from VENDOR, Purchase Order number and must be
notwithstanding the COUNTY'S acceptance included on each package of less than
or payment for any delivery of goods and/or container load (LCL) shipments and/or
services, or any similar act by VENDOR. with each car load of equipment. The
COUNTY reserves the right to refuse or
3. Inspection return any shipment or equipment at
All goods and/or services delivered VENDOR'S expense that is not marked
hereunder shall be received subject to the with Purchase Order numbers.
COUNTY'S inspection and approval and VENDOR agrees to declare to the
payment therefore shall not constitute carrier the value of any shipment made
acceptance. All payments are subject to under this Purchase Order and the full
adjustment for shortage or rejection. All invoice value of such shipment.
defective or nonconforming goods will be d) All invoices must contain the Purchase
returned pursuant to VENDOR'S instruction Order number and any other specific
at VENDOR'S expense. information as identified on the
Purchase Order. Discounts of prompt
To the extent that a purchase order requires payment will be computed from the date
a series of performances by VENDOR, the of receipt of goods or from date of
COUNTY prospectively reserves the right to receipt of invoices, whichever is later.
cancel the entire remainder of the Purchase Payment will be made upon receipt of a
Order if goods and/or services provided proper invoice and in compliance with
early in the term of the Purchase Order are Chapter 218, Fla. Stats., otherwise
non-conforming or otherwise rejected by the known as the "Local Government
COUNTY. Prompt Payment Act," and, pursuant to
4. Shipping and Invoices the Board of County Commissioners
a) All goods are FOB destination and must Purchasing Policy.
be suitably packed and prepared to
secure the lowest transportation rates 5. Time Is Of the Essence
and to comply with all carrier
15-6423, Real Estate Appraisal Services
13
Packet Page -929-
9/22/2015 16.A.18.
Time for delivery of goods or performance of the Occupational Health and Safety Act, the
services under this Purchase Order is of the Federal Transportation Act and the Fair
essence. Failure of VENDOR to meet Labor Standards Act, as well as any law or
delivery schedules or deliver within a regulation noted on the face of the Purchase
reasonable time, as interpreted by the Order.
COUNTY in its sole judgment, shall entitle
the COUNTY to seek all remedies available 9. Advertising
to it at law or in equity. VENDOR agrees to No VENDOR providing goods and services
reimburse the COUNTY for any expenses to the COUNTY shall advertise the fact that
incurred in enforcing its rights. VENDOR it has contracted with the COUNTY for
further agrees that undiscovered delivery of goods and/or services, or appropriate or
nonconforming goods and/or services is not make use of the COUNTY'S name or other
a waiver of the COUNTY'S right to insist identifying marks or property without the
upon further compliance with all prior written consent of the COUNTY'S
specifications. Purchasing Department.
6. Changes
The COUNTY may at any time and by 10. Indemnification
written notice make changes to drawings VENDOR shall indemnify and hold harmless
and specifications, shipping instructions, the COUNTY from any and all claims,
quantities and delivery schedules within the including claims of negligence, costs and
general scope of this Purchase Order. expenses, including but not limited to
Should any such change increase or attorneys' fees, arising from, caused by or
decrease the cost of, or the time required for related to the injury or death of any person
performance of the Purchase Order, an (including but not limited to employees and
equitable adjustment in the price and/or agents of VENDOR in the performance of
delivery schedule will be negotiated by the their duties or otherwise), or damage to
COUNTY and VENDOR. Notwithstanding property (including property of the COUNTY
the foregoing, VENDOR has an affirmative or other persons), which arise out of or are
obligation to give notice if the changes will incident to the goods and/or services to be
decrease costs. Any claims for adjustment provided hereunder.
by VENDOR must be made within thirty (30)
days from the date the change is ordered or 11. Warranty of Non-Infringement
within such additional period of time as may VENDOR represents and warrants that all
be agreed upon by the parties. goods sold or services performed under this
Purchase Order are: a) in compliance with
7. Warranties applicable laws; b) do not infringe any
VENDOR expressly warrants that the goods patent, trademark, copyright or trade secret;
and/or services covered by this Purchase and c) do not constitute unfair competition.
Order will conform to the specifications,
drawings, samples or other descriptions VENDOR shall indemnify and hold harmless
furnished or specified by the COUNTY, and the COUNTY from and against any and all
will be of satisfactory material and quality claims, including claims of negligence, costs
production, free from defects and sufficient and expense, including but not limited to
for the purpose intended. Goods shall be attorneys' fees, which arise from any claim,
delivered free from any security interest or suit or proceeding alleging that the
other lien, encumbrance or claim of any third COUNTY'S use of the goods and/or
party. These warranties shall survive services provided under this Purchase Order
inspection, acceptance, passage of title and are inconsistent with VENDOR'S
payment by the COUNTY. representations and warranties in section 11
(a).
8. Statutory Conformity
Goods and services provided pursuant to If any claim which arises from VENDOR'S
this Purchase Order, and their production breach of section 11 (a) has occurred, or is
and transportation shall conform to all likely to occur, VENDOR may, at the
applicable laws, including but not limited to COUNTY'S option, procure for the COUNTY
15-6423, Real Estate Appraisal Services
14
Packet Page -930-
9/22/2015 16.A.18.
the right to continue using the goods or or threatens to delay timely performance of
services, or replace or modify the goods or this Purchase Order, VENDOR shall
services so that they become non-infringing, immediately give notice thereof, including all
(without any material degradation in relevant information with respects to what
performance, quality, functionality or steps VENDOR is taking to complete
additional cost to the COUNTY). delivery of the goods and/or services to the
COUNTY.
12. Insurance Requirements
The VENDOR, at its sole expense, shall 15. Assignment
provide commercial insurance of such type VENDOR may not assign this Purchase
and with such terms and limits as may be Order, nor any money due or to become due
reasonably associated with the Purchase without the prior written consent of the
Order. Providing and maintaining adequate COUNTY. Any assignment made without
insurance coverage is a material obligation such consent shall be deemed void.
of the VENDOR. All insurance policies shall
be executed through insurers authorized or 16. Taxes
eligible to write policies in the State of Goods and services procured subject to this
Florida. Purchase Order are exempt from Florida
sales and use tax on real property, transient
13. Compliance with Laws rental property rented, tangible personal
In fulfilling the terms of this Purchase Order, purchased or rented, or services purchased
VENDOR agrees that it will comply with all (Florida Statutes, Chapter 212), and from
federal, state, and local laws, rules, codes, federal excise tax.
and ordinances that are applicable to the
conduct of its business. By way of non- 17. Annual Appropriations
exhaustive example, this shall include the The COUNTY'S performance and obligation
American with Disabilities Act and all to pay under this Purchase Order shall be
prohibitions against discrimination on the contingent upon an annual appropriation of
basis of race, religion, sex creed, national funds.
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges 18. Termination
and without exception or stipulation shall be This Purchase Order may be terminated at
fully responsible for complying with the any time by the COUNTY upon 30 days
provisions of the Immigration Reform and prior written notice to the VENDOR. This
Control Act of 1986 as located at 8 U.S.C. Purchase Order may be terminated
1324, et seq. and regulations relating immediately by the COUNTY for breach by
thereto, as either may be amended. Failure VENDOR of the terms and conditions of this
by the awarded firm(s) to comply with the Purchase Order, provided that COUNTY has
laws referenced herein shall constitute a provided VENDOR with notice of such
breach of the award agreement and the breach and VENDOR has failed to cure
County shall have the discretion to within 10 days of receipt of such notice.
unilaterally terminate said agreement
immediately. Any breach of this provision 19. General
may be regarded by the COUNTY as a a) This Purchase Order shall be governed
material and substantial breach of the by the laws of the State of Florida. The
contract arising from this Purchase Order. venue for any action brought to
specifically enforce any of the terms and
14. Force Majeure conditions of this Purchase Order shall
Neither the COUNTY nor VENDOR shall be be the Twentieth Judicial Circuit in and
responsible for any delay or failure in for Collier County, Florida
performance resulting from any cause b) Failure of the COUNTY to act
beyond their control. including, but without immediately in response to a breach of
limitation to war, strikes, civil disturbances this Purchase Order by VENDOR shall
and acts of nature. When VENDOR has not constitute a waiver of breach.
knowledge of any actual or potential force Waiver of the COUNTY by any default
majeure or other conditions which will delay by VENDOR hereunder shall not be
15-6423, Real Estate Appraisal Services
15
Packet Page -931-
9/22/2015 16.A.18.
deemed a waiver of any subsequent 112.061, Per Diem and Travel
default by VENDOR. Expenses for Public Officers, employees
c) All notices under this Purchase Order and authorized persons.
shall be sent to the respective e) In the event of any conflict between or
addresses on the face page by certified among the terms of any Contract
mail, return receipt requested, by Documents related to this Purchase
overnight courier service, or by personal Order, the terms of the Contract
delivery and will be deemed effective Documents shall take precedence over
upon receipt. Postage, delivery and the terms of the Purchase Order. To the
other charges shall be paid by the extent any terms and /or conditions of
sender. A party may change its address this Purchase Order duplicate or overlap
for notice by written notice complying the Terms and Conditions of the
with the requirements of this section. Contract Documents, the provisions of
d) The Vendor agrees to reimbursement of the Terms and/or Conditions that are
any travel expenses that may be most favorable to the County and/or
associated with this Purchase Order in provide the greatest protection to the
accordance with Florida Statute Chapter County shall govern.
15-6423, Real Estate Appraisal Services
16
Packet Page-932-
9/22/2015 16.A.18.
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 and/or 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
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor
15-6423, Real Estate Appraisal Services
17
Packet Page -933-
9/22/2015 16.A.18.
hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
Should at any time e 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 100% 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. Vendor Performance Evaluation
The County has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
7. 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.
15-6423, Real Estate Appraisal Services
18
Packet Page -934-
9/22/2015 16.A.18.
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.
The County's project manager, shall coordinate with the Vendor/ Contractor the return of any surplus
assets, including materials, supplies, and equipment associated with the scope or work.
8. 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�collierclerk.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
15-6423, Real Estate Appraisal Services
19
Packet Page -935-
9/22/2015 16.A.18.
non-payment under the legal doctrine of "Iaches" 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.
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.
9. 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.
10. 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
15-6423. Real Estate Appraisal Services
20
Packet Page-936-
9/22/2015 16.A.18.
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-
2477.
11. 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
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.
12. 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.
13. 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 non-performance.
14. 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 Procurement 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.
15. Public Records Compliance
The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes,
rules, regulations and requirements of any governmental agencies.
16. 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.orq/search.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
15-6423, Real Estate Appraisal Services
21
Packet Page -937-
9/22/2015 16.A.18.
cannot provide the document within the referenced timeframe, the County reserves the right to award
to another firm.
17. 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.
18. Survivability
Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends
beyond the expiration date of the original Solicitation 15-6423, Real Estate Appraisal Services will
survive and remain subject to the terms and conditions of that Agreement until the completion or
termination of this Purchase Order.
19. Protest Procedures
Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with the County's
then current purchasing ordinance and policies.
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 Procurement 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 Procurement Director.
20. 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.
21. Security and Background Checks
15-6423, Real Estate Appraisal Services
22
Packet Page -938-
9/22/2015 16.A.18.
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.
22. 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
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.
23. 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.
24. 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 (DHS) 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.
15-6423, Real Estate Appraisal Services
23
Packet Page -939-
9/22/2015 16.A.18.
For additional information regarding the Employment Eligibility Verification System (E-Verify) program
visit the following website: http://www.dhs.gov/E-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
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
25. 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.
Local business means the vendor has a current Business Tax Receipt issued by the Collier County
Tax Collector for at least one year prior to bid or proposal submission to do business within Collier
County, and that identifies the business with a permanent physical business address located within
the limits of Collier County from which the vendor's staff operates and performs business in an area
zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-
permanent structure such as a construction trailer, storage shed, or other non-permanent structure
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 Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, support and increase to the
County's tax base, and residency of employees and principals of the business within Collier 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. 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.
Under this solicitation proposers desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any proposer who fails to submit sufficient documentation with their
proposal offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
For all purchases of commodities and services procured through a competitive proposal process
and not otherwise exempt from this local preference section, the solicitation shall include a
weighted criterion for local preference that equals 10 percent of the total points in the evaluation
criteria published in the solicitation. Purchases of professional services as defined and identified
under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which
are subject to Section 11.45, F.S.) shall not be subject to this local preference 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.
15-6423, Real Estate Appraisal Services
24
Packet Page -940-
9/22/2015 16.A.18.
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.
15-6423, Real Estate Appraisal Services
25
Packet Page -941-
9/22/2015 16.A.18.
Cofer County
Administrative Services Division
Procurement Services
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 15-6423, Real Estate Appraisal Services 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.)
[-1 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
15-6423, Real Estate Appraisal Services
26
Packet Page -942-
9/22/2015 16.A.18.
Co ier County
Administrative Services Division
Procurement Services
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:
n 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 Tamiami Trail E
Naples FL 34112
Attn: Evelyn Colon, Procurement Strategist
❑ The mailing envelope must be sealed and marked with Solicitation 15-6423, Real Estate
Appraisal Services and April 27, 2015 @ 3:00PM.
n 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.)
7 If submitting a manual bid, include any addenda (initialed and dated noting understanding and
receipt). If submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net/bid. The system will date and time stamp when the addendum files were
downloaded.
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
15-6423, Real Estate Appraisal Services
27
Packet Page-943-
9/22/2015 16.A.18.
Goiter County
Administrative Services Division
Procurement Services
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
Procurement 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
15-6423, Real Estate Appraisal Services
28
Packet Page -944-
9/22/2015 16.A.18.
Cofer County
Administrative Services Division
Procurement Services
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 15-6423, Real Estate Appraisal Services
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: 15-6423, Real Estate Appraisal Services.
(Proposal Continued on Next Page)
15-6423, Real Estate Appraisal Services
29
Packet Page -945-
9/22/2015 16.A.18.
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
15-6423, Real Estate Appraisal Services
30
Packet Page -946-
9/22/2015 16.A.18.
Colter County
Administrative Services Division
Procurement Service
Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 15-6423, Real Estate Appraisal Services(Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
❑ 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:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector
for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the
business with a permanent physical business address located within the limits of Collier County from which the
vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office
Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or
other non-permanent structure 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 Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base,
and residency of employees and principals of the business within Collier 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. 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.
Vendor must complete the following information:
Year Business Established in ['Collier County or ❑ Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ 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
n 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)
15-6423, Real Estate Appraisal Services
31
Packet Page-947-
9/22/2015 16.A.18.
Got: le-r County
Administrative Services Division
Procurement Services
Attachment 6: Immigration Affidavit Certification
Solicitation: 15-6423, Real Estate Appraisal Services
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-Verifv 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.
15-6423, Real Estate Appraisal Services
32
Packet Page -948-
9/22/2015 16.A.18.
coffer County
Administrative Services Division
Procurement Services
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
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
Individual/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
(D =Disregarded Entity, C= Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax identification Number(TIN)
(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
15-6423, Real Estate Appraisal Services
33
Packet Page -949-
9/22/2015 16.A.18.
Go1ev County
Administrative Services Division
Procurement Services
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
Contractor/Vendor/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 Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/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 $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ❑ Other insurance as ❑ 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
❑ Pollution $ Per Occurrence
❑ Professional Liability $ 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
❑ Professional Liability $ per claim and in
Packet Page-950-
9/22/2015 16.A.18.
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ 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. ❑ 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.
Ljb 2/24/2015
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
15-6423, Real Estate Appraisal Services
35
Packet Page -951-
9/22/2015 16.A.18.
col or comity
Administrative Services Division
Procurement Services
Attachment 9: Reference Questionnaire
Solicitation: 15-6423, Real Estate Appraisal Services
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used
in the selection of firms 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."
Project Description: Completion Date:
Project Budget: Project Number of Days:
Change Orders - Dollars Added : Change Orders - Days Added:
Item Citeria 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 Project administration (completed documents, final invoice, 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 contract documents, 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
15-6423, Real Estate Appraisal Services
36
Packet Page -952-
9/22/2015 16.A.18.
EXHIBIT A
COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS
(A Supplement to the Uniform Standards of Professional Appraisal Practice)
The following standards governing the preparation of written appraisal reports for Collier County, Florida, are intended
to clarify the expectations for the content of each and every written appraisal report (whether Self-Contained or
Summary) prepared for the Board of County Commissioners and /or the various Divisions and Departments under the
County Manager. Where there may seem to be a conflict between these standards and the scope of any assignment
undertaken for the County, the appraiser should consult with the Right-of-Way Design and Valuation Coordinator, Real
Property Management Department, for further clarification. Each appraiser and appraisal firm qualified to provide
appraisal services for the Board of County Commissioners of Collier County, Florida, is responsible for obtaining and
maintaining a current copy of the Uniform Standards of Professional Appraisal Practice (USPAP).
DATE OF VALUE
Unless a retrospective appraisal with a previous date of value was specifically ordered by Collier County, or unless the
Appraiser has been specifically instructed otherwise (as for a date-of-deposit appraisal), the date of value of the
appraisal, being the Appraiser's last inspection of the subject property, shall be within two (2) weeks of the date of
submission of the draft appraisal report to the Right-of-Way Design and Valuation Coordinator.
STRUCTURES
Where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the
following information in the narrative description of the property: [a] a statement as to the character (residential or
business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status
of the occupant(tenant with or without lease, owner-occupant, etc.)
SALES LOCATION MAPS
Each written appraisal report shall contain at least one map upon which shall be plotted all of the comparable sales
analyzed during the development of the appraisal. If the comparable sales cover such an extensive geographic area
that a one page map would be illegible, then more than one map is encouraged, each at a scale which is legible to the
reader, i.e., where common streets, rivers, canals, city blocks, etc. are recognizable.
REPORT JACKETS
All appraisal reports (originals and copies) must be bound with front and rear covers made of plastic, heavy card stock.
SALES DATA SHEETS
Sales Data Sheets must be accompanied by a location map which clearly shows the comparable sale property in
relation to its neighborhood (which map may appear on the same page as the sales data). The following information
must be readily apparent from a review of the map and/or the written information provided:
o Date of sale and recording data - Grantor/ Grantee and type of conveyance instrument. If the sale property is
located in a County besides Collier, a copy of the deed of transfer must be provided as well.
o Location and legal description (a copy of the deed of transfer may be included with the sales data sheet
precluding the need to reprint the property's legal description).
o Parcel size, access and road frontage (if applicable).
o Present use and description of improvements (if any).
o Zoning.
o Existing and available utilities.
15-6423, Real Estate Appraisal Services
37
Packet Page -953-
9/22/2015 16.A.18.
o Sale price, financing, cash equivalent price, and unit price.
o Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how
the parties allocated value among the land and various improvements (if available).
o Appraiser's comments.
SALES GRIDS
Each appraisal report shall contain a table of the sales most relied upon by the appraiser in reaching a final value
reconciliation. This table (a/k/a "sales grid") is an effective communication tool, and is of great value to all but the most
casual reader of the appraisal report. The sales grid must identify each sale by number or name, include the date of
the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per dwelling
unit), and a column or row for each item of comparison for which adjustments were made by the appraiser. The sales
grid must also contain a column or row to show the subject's attributes in comparison with the most-relied-upon sales.
ADJUSTMENTS TO COMPARABLE SALES
In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the County shall contain a
detailed narrative explaining the adjustments made to the comparable sales including the appraiser's reasoning and
the data which forms the basis for the extent of each adjustment.
PARENT TRACT
After application of the three common tests to determine the parent tract for the subject property (contiguity, unity of
use, and unity of ownership), the Appraiser must include a sketch of the whole property in the appraisal report; and, in
the case of a partial taking, must show on the sketch the part being acquired by the County. Unless Collier County
provides the Appraiser with a parent tract determination and an area calculation for the parent tract, it is the
responsibility of the Appraiser to calculate the area of the parent tract.
PARTIAL TAKINGS
Areas (in general) -While the area of the part being acquired will be provided by the County, it is the responsibility of
the Appraiser to calculate the area of the remainder tract.
Areas (easements) - Remainder areas should be the same after the taking of easements as the area of the parent
tract prior to the taking. The value after the taking should reflect that a portion of the parent tract is encumbered by the
easement taken by the County.
Cost-to-Cure Severance Damages -There must be damage to the remainder real estate before a cure can be applied.
Damages must be supported with market data and specified in dollar terms. Without this supporting documentation,
Collier County cannot be assured that the cost of the cure will be less than the damages to which the property owner
would otherwise be entitled.
If the cure chosen by the appraiser includes a payment to the property owner to re-establish, construct, or install a
feature upon the remainder, for which the property owner has been compensated in the value of the part taken, then
the compensation for the taken feature shall be deducted from the total compensation due the property owner. For
example: if compensation includes the depreciated replacement cost of fencing located within the take area, and the
proposed "cure" includes the installation of fencing upon the remainder, the purpose of which is essentially to replace
that fencing taken by the County, the depreciated replacement cost of the fencing being taken, for which the property
owner has already been compensated, must be deducted from the total compensation due the property owner.
in addition, if the cure involves the relocation of amenities or parking (or anything else that takes up useable space)
onto the remainder property, the appraisal must address compensation for the loss of that area occupied by the
relocated feature.
As a matter of general policy, in order to avoid disputes over the quality of relocation work performed by the County or
its contractors, Collier County will seek to limit its liability by paying the depreciated replacement cost for everything
15-6423. Real Estate Appraisal Services
38
Packet Page -954-
9/22/2015 16.A.18.
within the take area, and/or by paying the owner to relocate certain improvements onto the remainder at a location of
their choosing. Generally, it is better for the County to purchase anything within the take area, rather than taking it in
good faith that a property owner will relocate an improvement from the right-of-way by that point in time that the right-
of-way should be clear and ready for construction.
Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's judgment that the primary
improvements located upon the remainder property are unaffected by the taking, and after consideration of the
possibility of any damages accruing to the remainder property, the Appraiser may elect to prepare a before and after
estimate of the value of the land only. Such before and after values must be clearly labeled in the appraisal report;
and such an appraisal report must contain an explanation and brief discussion of the factors considered in electing not
to appraise the value of the property as improved in both the before and after situations.
Signs - Should a trade sign or income producing sign be discovered within the taking area, the Appraiser should
consult with the County for specific instructions on valuation and/or compensation regarding the signage. When
preparing an appraisal report for condemnation, the appraiser should include the depreciated replacement cost of the
signage in the total estimate of compensation due the property owner. A cost to cure the damage resulting from the
absence of the sign is then applied in order to make the property owner"whole."
Special Benefits - The Appraiser should consult with the County prior to assigning special benefits to a remainder
property.
Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All numbers above $1,000 and
below $100,000 will be rounded to the nearest $100 increment. Everything over $100,000 will be rounded to the
nearest$1,000 increment.
DATA BOOKS
GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in accordance with the terms of
the Appraisal Agreement between the Appraiser and Collier County, Florida. Should the County desire that a data
book be prepared for an appraisal project, such will be stipulated in the bid solicitation generated by County staff, and
it shall be made a specific condition in the Appraisal Agreement between the Appraiser and Collier County. Absent
any such stipulation, a data book will not be required.
All of the sales sheets as well as the narrative discussion of the appraiser's market observations and adjustments
should be on 8 1/2" x 11" paper bound by a three ring binder to accommodate the easy insertion of new sales sheets
into the data book. A cover page identifying the project for which the data book is prepared, the name of the appraiser,
and the date of its compilation, should be followed by a Table of Contents which must identify the major sections into
which the data book is divided. The data book must contain the following:
1. Regional and neighborhood description and analysis. This information may be omitted from each individual
appraisal report as long as the written report directs the reader's attention to the fact that this information is presented
in the data book.
2. A "Sales Map" or "Location Map" showing the location of each comparable sale property for which a Sales
Data Sheet is contained in the Data Book. Such maps must be of a scale, and produced with clarity, such that the
location of each comparable sale property is discernible by the reader. Any Listings employed by the appraiser must
also be shown on the maps.
Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings based upon highest and
best use, with listings grouped together within each sub-group; (2) improved property Sales Data Sheets, subdivided
into separate groups based upon present use, with listings grouped together within each sub-group; (3) market
adjustment studies; (4) income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the
agreement between Collier County and the Appraiser specifically exclude regional analysis from the scope of the
assignment(s); (6) neighborhood analysis; (7) applicable excerpts from zoning regulations or such other reference
materials upon which the Appraiser has specifically relied in developing the appraisals; and (8) any special studies
and/or comparative analyses made during the development of the appraisals, and/or which were already in existence
and upon which the Appraiser relied during the development of the appraisals.
15-6423, Real Estate Appraisal Services
39
Packet Page -955-