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Backup Documents 02/09/2021 Item #16A13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO � { THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR i Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management Z/q/Z! 2. County Attorney Office County Attorney Office 441 �� 4. BCC Office Board of County Commissioners t9'16-0)-1 4. Minutes and Records Clerk of Court's Office RS a 38S1 r a:aaapn-- 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/Department Agenda Date Item was February 9th,2021 Agenda Item Number 16.A.13 Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 20-7778 FLORIDA number if document is FLORIDA ACQUISITION & to be recorded ACQUISITION & APPRAISAL, INC APPRAISAL, INC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/09/2021 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by th- : N/A is not BCC, all changes directed by the BCC have been made,and the document is ready fo ` D an option for Chairman's signature. FE , ` , 02)1 this line. Risk Man-•ement 26A13 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, February 15, 2021 8:41 AM To: SuarezJessica Subject: Item #16A13 (2-9-21 BCC Meeting) Hi Jessica, Contract #20-7778, with Florida Acquisition & Appraisal, Inc. (Itew► #16A13 2-9-21 13CC Meeting) has been processed and is available on the Clerk's website. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II ��<<, Clerk to the Value Adjustvnent Board Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Avui_JetAtiejohA@CollierClerk.com rr'6. A" Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tavniami Trail, Suite #401 Naples, FL. 34112-5324 www.CollierClerk.com 16A13 FIXED FEE PROFESSIONAL SERVICE AGREEMENT # 20-7778 for RIGHT-OF-WAY ACQUISITION SERVICES THIS AGREEMENT, made and entered into on this -llAk day of fQ.kx-V,(,L'-`\ 20 21 , by and between Florida Acquisition &Appraisal, Inc. authorized 16 do business in the State of Florida, whose business address is 410 S. Ware Blvd., Suite 700, Tampa, Florida 33619 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be for a three (3 ) year period, commencing n upon the date of Board approval I I on and terminating three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term 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 one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a "' Purchase Order Notice-to Proceed: 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ■ Request for Proposal (RFP) I I Invitation-to Bid 07-6) I I Other _____ _ ___.m._ (_.__. } # 20-7778 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.1) 16A13 3.1 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's Procurement Ordinance, as amended, 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 Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): n p4 -cat .ct-ice armed- ■ Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. n -rpm- - t Page 2 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) 1 6 A 1 3 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 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 the 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. 4.4 *Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats and in accordance to Exhibit B. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine • activities and soltc' greement 5. SALES TAX. Contractor 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. Page 3 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.l) O Q` 16A13 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Florida Acquisition &Appraisal, Inc. Address: 410 S. Ware Blvd., Suite 700 Tampa, FL 33619 Authorized Agent: John (Jack) J. Curatelli, Jr., President Attention Name & Title: David C. Montalvo Telephone: (813) 241-6354 E-Mail(s): jcuratelli@flaa.com /dmontalvo@flaa.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Transportation Engineering Division Division Name: Jay Ahmad Address: 2885 Horseshoe Drive S Naples, Florida 34104 Administrative Agent/PM: Robert Bosch, Manager Telephone: (239) 252-5843 E-Mail(s): Robert.Bosch@colliercountyfl.gov The Contractor 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. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. 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 Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor 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 Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) CAS) 16A13 9. NO IMPROPER USE. The Contractor 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 Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor 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 Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor 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 the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. I■I 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 Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non- Owned Vehicles and Employee Non-Ownership. C. El Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 5 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) CAS 16A13 The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. II Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. ❑Gyber : Coverage shall have minimum limits of —Fer l=- ❑Tethnolog y E rrors-and-O issians:-Coverage-shalt aava ui -limits-of $ per occurrence- ❑_ ecc'arre41ce- sscuc-rense- l- . $ per occurrence. 1. ❑ fotherl;-Gsverage-malt--have Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor 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 Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 6 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) 16A13 Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, 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 Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, 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 Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Transportation Engineering Division 15. CONFLICT OF INTEREST. Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑■ Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑■ RFP/❑ ice❑ Other #20-7778 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes; and ❑ Other Exhit3it/Atta et4 Page 7 of 15 Fixed Price Professional Service Agreement#2017-00I (Ver.2) 16A13 17. APPLICABILITY. Sections corresponding to any checked box (N) will expressly apply to the terms of this Agreement. 18. 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. 19. 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 Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor 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)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. Page 8 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) 1 6 AI 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor 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. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. 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. 23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 24. 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 Contractor 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 Page 9 of 15 Fixed Price Professional Service Agreement 42017-001(Ver.2) 0 16A13 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 Contractor 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. 25. 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. 26. n KEY PERSON14E The Co }a.nag this-.project-shall-be-1 nowledgeabfe-in-their-areas-of--expertise-The_Counfy..reserves the-...right-to perform--investigations as-may-be-deemed-necessary-_to.-.ensure-that con tent p_er-sons wiJi-be-ut regiment. The-Contractor shall--assign-as-rany-people-as-fnecessary-to-colptete-the-services on a timely basis; a-nd-each-person-assigned-shall-be-available for an amount of time-adequate-to-meet the-required-se tractor-sh e-lie-y-personnel-unless-the n AGREEMENT STAFFING. The Contractor'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 Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 27. • ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. I I ORDER-OF-PRECEDENCE-4G rant tF..un.ded4.----l.n--the eventof-any.conflict-between :r among- r d!$r-the-County°s l eard approved Ex he-Agreementshail4ake-precedence-aver the-terms of all--other Contract-Documents, except the terms of--any-Supplemental Conditions-skean-tale precedence-ou e-extent✓any-conflict in-the terms of the Contract Documents cannot be resolved by anion of the Page 10 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) 0.0 16A13 irxv str t-o ontract-Besum® o r ty's- iscretion 28. ASSIGNMENT. Contractor 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 Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division 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. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. (Intentionally left blank-signature page to follow) Page 11 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) c�0 16A13 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD F COUNTY COMMISSIONERS COLLI R NTY, FLORID Crystal K. Kinzel. Clerk of Courts & Comet Iler By: By: _ o� l r , Chairman Dated: a-'v �/:ls r (sketValo Ch�airman's, Contra&lurvvtsses: Florida Acquisition & Appraisal, Inc. Contractor Irak VCC> By ��;i��or's First Witness Signatu - J,,hn J. j:telli Jr Jill Allen tT •- .rint sli.ture and titlet tType/print witness nametAn aCeA-a( ki Contractor's Second_/Witness Jana Curatelli tType/print witness namet roved s o m d gality: Count Y orr e /..ft lc Print Name Item# L LOk 3 Date ���a Date Rec' L ec epu lerk Page 12 of 15 lid Prirc I'rore,,iunal Sre ire.\crrrmrm 42017.001(Ver2) 16A13 Exhibit A Scope of Services ❑■ following this page (pages 1 through 2) ❑ this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement 112017-001 (Ver.2) GPO 16A13 RFP#20-7778 "Right-of-Way Acquisition Services" Exhibit A SCOPE OF SERVICES BACKGROUND The Right-of-Way Acquisition Section of the Transportation Engineering Division and the Real Property Management Section of the Facilities Management Division of Collier County have identified a need for assistance in the acquisition of property,right-of-way and easements needed for public purposes,by an experienced acquisition consulting service to supplement the in-house staff on an as-needed basis. DETAILED SCOPE OF WORK The terms"Contractor"and"Consultant"will be used interchangeably throughout the Agreement. The County will request a written proposal for a not to exceed fee for each work assignment prior to issuing a Purchase Order or Notice to Proceed.The following tasks are representative of the types of assignments the Consultant may be employed to perform: A. Establish a file folder, in accordance with County policies and procedures, for each ownership related to an assignment. B. Review and compare right-of-way /parcel maps to legal descriptions and advise County staff if there are any inconsistencies in bearings and distances between the two. C. Compare bearings and distances in legal descriptions to bearings and distances in sketches and advise County staff if there are any inconsistencies between the two. D. Prepare and mail project notification letters to property owners. E. Follow-up project notice letters with personal contacts and negotiations. F. Prepare and process utility subordinations(FPL,CenturyLink,Comcast, etc.). G. Develop right-of-way acquisition cost estimates which shall include the estimated value of the land rights necessary to construct the project, the value of the improvements within the take areas,the severance damages accruing to the remainder properties, business damage exposure, an estimate of the percentage of negotiated settlements vs. litigated settlements and the percentage increase over the appraiser's estimate of full compensation for each settlement category, an estimate of the County's appraisal and other expert fees, an estimate of the Owners' attorney and expert witness fees which the County will be obligated to pay under Section 73.091 and 73.092,F.S.,and an estimate of the cost of title commitments and title policies. H. Meet and/or teleconference with staff to discuss negotiation strategies, offer amounts and terms of settlement with property owners, in addition to project progress and status. I. Conduct site inspections and interview occupants to determine businesses operating from parent tract properties. J. Using the format approved by the County, prepare and mail Section 73.015, F.S., statutory written offer letters and business owner notices. K. Provide copies of maps, plans and/or appraisals as requested by property owners and/or their representatives, explain the appraiser's methodology as necessary, and describe the improvements the County proposes to construct, and how they will or will not impact the subject property. L. Negotiate within pre-authorized settlement limits on behalf of and in the best interests of Collier County with property owners and/or their representatives for the purchase of the right-of-way and associated easement parcels. Actively solicit counteroffers from property owners and/or their representatives. Recommend settlements to the County based upon cost avoidance and exposure to jury awards. M. Inspect properties,interview property owners and occupants,and check with Occupational Licensing and Sunbiz to determine the names and contact information for any businesses operating from properties from which right- of-way and easements are being required. N. Prepare agreements for the purchase of land and easements using Collier County format documents and submit to staff for review. O. Prepare administrative settlement justifications in MS Word format for incorporation into executive summaries for the Board of County Commissioners. Page 1 of 2 Exhibit A-Scope of Services 1 6 A 13 P. Organize and copy parcel files for preparation of eminent domain lawsuits(by others),prepare file summaries in accordance with County policy,and submit to staff. Q. Maintain accurate written accounts of meetings and conversations (owner names and addresses, dates, dollar amounts,recording data,etc.). R. Close-out parcel files by eliminating duplicate and incomplete paperwork, double-checking that copies of all closing dots pertaining to each parcel are in each file, scanning the agreements and conveyance documents and e-mailing to County staff,and submitting each parcel file to the County. S. Search available public records and retired project and parcel files for information related to right-of-way, easements,property owners and the terms of prior agreements. T. Miscellaneous— 1. Consultant's staff may be required to testify in eminent domain proceedings if requested by County Attorney's Office. 2. Consultant will be subject to public records law and will be provided County's document retention policy and expected to follow it. All documents shall be considered County records. In particular,all reports are exclusive property of Collier County and copies may not be provided to third parties except property owners or their duly authorized agents,attorneys or representatives. Moreover,all studies and/or appraisals are limited to the uses for which they were prepared and may not be used for any purposes other than the acquisition of an identified Right-of-Way parcel. Dissemination of this information to unauthorized third parties shall be grounds for immediate termination. Page 2 of 2 Exhibit A-Scope of Services 16A13 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 14 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) 16 13 RFP#20-7778 "Right-of-Way Acquisition Services" Exhibit B FEE SCHEDULE Hourly Rate schedule: Principal $135.00 Project Manager $125.00 Real Estate Appraiser(State Certified General) $125.00 Senior(Property Acquisition Specialist—R/W Agent) $115.00 Staff(Property Acquisition Specialist—R/W Agent) $105.00 Administrative Assistant/Clerical $45.00 Pricing shall be inclusive of all costs and shall be full compensation for all services,labor,materials,equipment,local travel(within Lee and Collier County)and any other items required for project completion and/or completion of services. Travel expenses outside of Lee and Collier County shall be reimbursed at the rates used by Collier County for its employees as per Section 112.061 Fla.Stats. 1 C,Q,C�i 16A13 Other Exhibit/Attachment Description: ❑ following this page (pages through ) ❑■ this exhibit is not applicable Page 15 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) Aco o CERTIFICATE OF LIABILITY INSURANCE D 12 3 /30/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amanda Lewis Doug Croley Insurance Services PHONE FAX P.O. Box 13619 (A/C.No.Ext): (850) 386-1922 (A/C,No):(850) 385-1685 E-MAIL commercial@dou crole ins.com Tallahassee FL 32317 ADDRESS: 4 Y INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Philadelphia Indemnity Insurance 18058 INSURED (813) 241-6354 INSURER B:Depositors Insurance Company 42587 Florida Acquisition & Appraisal, Inc. INSURER C:Nationwide Insurance Company o 25453 PO Box 89007 INSURERD:ALLIED Property and Casualty I 42579 Tampa FL 33689 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 2743 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRPOLICY EFF POLICY EXP LTR INSD TYPE OF INSURANCE INSD WVD SUER POLICY NUMBER (MM/DD/YYYY) (MM DD/YYYY) LIMITS LT B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGERENTED CLAIMS-MADE X OCCUR Y ACPBPOD5904706484 01/01/2021 01/01/2022 PREM SESO(Eaoccurrrence) $ 300,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) C ANY AUTO ACPBAZ5904706484 01/01/2021 01/01/2022 BODILY INJURY(Per person) $ X OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) D UMBRELLA LIAB X OCCUR ACPCAP5904706484 01/01/2021 01/01/2022 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Errors & Omissions PHSD1598423 01/01/2021 01/01/2022 Each Claim $ 1,000,000 Per Claim $ 5,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners is an additional insured in regard to the general liability on a primary & non-contributory basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail E AUTHORIZED REPRESENTATIVE Naples FL 34112 S Qs ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 16A13 ACURli' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 12/22/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arthur J.Gallagher Risk Services for CoAdvantage PHONE 866 854-5423 FAX Jeffrey Rendel E-MAILo.EMI: ( ) (A/C,Not: 250 Tequesta Drive ADDRESS: coi@coadvantage.com Tequesta, FL 33418 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A: American Zurich Insurance Company 40142 INSURED INSURER B: CoAdvantage Corporation Alt.Emp:Florida Acquisition&Appraisal,Inc. 3350 Buschwood Park Drive#200 INSURER C: Tampa,FL 33618 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:20FL090908328 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP/Y LIMITS LTR INSD WVD POLICY NUMBER (MM/DDYYY) (MM/DDIYYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE D $ CLAIMS-MADE OCCUR PREMISESO(EaENTE occu occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE OTH- ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 2,000,000 A OFFICER/MEMBER EXCLUDED? N/A WC 56-11-942-06 04/01/2020 04/01/2021 --------- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 Location Coverage Period: 04/01/2020 04/01/2021 Client# 20902-FL DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Florida Acquisition&Appraisal, Inc. Coverage is provided for 410 S.Ware Blvd. Suite 700 only those co-employees of,but not subcontractors tampa, FL 33619 to: Endorsements:30 days written cancel notice(10 days for non payment of premium) CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3295 Tamiami Trail E. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Naples, FL 34112 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and loco are reaistered marks of ACORD