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#08-5067 (Retech) A G R E E MEN T 08-5067 for Real Estate Appraisal Services THIS AGREEMENT, made and entered into on this ~ day of De1 ",-,kr; 2008, by and between ReTech, Inc., authorized to do business in the State of Florida, whose business address is 6221 Iroquois Court, Odessa, Florida 33556, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal Services", Appraiser shall provide a written fee proposal to the County for each service, hereinafter "Work", to be performed under this Agreement. Upon approval by the Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the service as specified in the proposal. The Appraiser shall then provide the specified service to the County. The Agreement shall be for a one (1) year period, effective on the date the Agreement is approved by the Board of County Commissioners. The County may, at its discretion and with the consent of the Appraiser, 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 Appraiser written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Appraiser shall provide real estate appraisal services in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of Services, and the Appraiser's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Appraiser and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Appraiser for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this agreement, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Page I of 15 Appraiser 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". Reimbursable expenses shall be invoiced for the expenditures incurred by the Consultant as follows: 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 approved in advance by the County. The time reported by the Appraiser 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. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. The Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three (3) years from the date of the final invoice for appraisal services rendered relative to a Property. Fees for the services of any and all subcontractors and sub consultants employed by Appraiser must be authorized in advance by County Purchase Order. Reimbursement rates as provided in Section 112.061, Florida Statutes, currently: Mileage: $ 44.5 per mile Breakfast: $ 6.00 Lunch: $11.00 Dinner: $19.00 Airfare: Actual ticket cost of Coach Fare Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking 4. COMPLETION/CORRECTION. 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 USP AP, or which report contains errors or omissions from within either the body or the addenda, Appraiser 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 USP AP and/ or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said fourteen (14) day period. Nor shall Appraiser 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. 5. 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 Page 2 of 15 forfeited by the Appraiser and that the following schedule shall govern the deduction for late performance: (a) 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 Appraiser by seven percent (7%) for each week, or portion thereof, for every week the services are past due; or (b) In the event that circumstances beyond the control of Appraiser 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 Appraiser, County 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. 6. SALES TAX. Appraiser 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. 7. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition Manager or the Manager's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the parties to this Agreement. 9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of Appraisal shall be signed by Ron Tegenkamp, MAL In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. Page 3 of 15 11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate this Agreement immediately without financial obligation, or to pursue any other available remedies. 12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if mailed or faxed to the Appraiser at the following Address: Ron Tegenkamp, MAl, President ReTech, Inc. 6221 Iroquois Court Odessa, FL 33556 Phone: 813-920-2345; Fax: 813-920-2345 All Notices from the Appraiser to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Appraiser 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. 13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Appraiser or to constitute the Appraiser as an agent of the County. Page 4 of 15 14. 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 Appraiser. 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 Appraiser. The Appraiser shall also be solely responsible for payment of any and all taxes levied on the Appraiser. In addition, the Appraiser 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 Appraiser agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Appraiser. 15. NO IMPROPER USE. The Appraiser 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 Appraiser or if the County or its authorized representative shall deem any conduct on the part of the Appraiser to be objectionable or improper, the County shall have the right to suspend this Agreement. Should the Appraiser 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 Appraiser further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. TERMINATION. Should the Appraiser 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 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. 17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 18. INSURANCE. The Appraiser shall provide insurance as follows: A. Commercial General Liabilitv: 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 Premises and Operations; Independent Appraisers; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Page 5 of 15 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liabilitv Insurance: Professional Liability Insurance shall be maintained by the Appraiser to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Appraiser waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County 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 Appraiser during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Appraiser shall insure that all sub consultants or subcontractors comply with the same insurance requirements that he is required to meet. The same Appraiser shall provide County with certificates of insurance meeting the required insurance provisions. 19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser 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 Appraiser or anyone employed or utilized by the Appraiser 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. 20. CONFLICT OF INTEREST: Appraiser 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. Appraiser further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 15 21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of Services and two (2) Addenda. 22. 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. 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, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Appraiser is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Appraiser 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. 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. 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 Agreement to other governmental entities at the discretion of the successful proposer. 27. 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. 28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this Agreement upon satisfactory negotiation of price by the Contract Manager and Appraiser. Page 7 of 15 29. 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 Appraiser 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 Appraiser 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. 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. 30. KEY PERSONNEL/PROJECT STAFFING: The Appraiser's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the Agreement. Selected firm shall assign as many people as necessary to complete the Work on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 8 of 15 IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST" ". ""j,. \) '. ~t _court, ~By:. . .....~ Dated: .. .... , tSEAL)" ..' . Attest "fUt.Cb4'lrtI4fl , "gA1t'" 0111.'. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPRAISER ReTech, Inc. ~:;;;{~ tSu/i]: .h/{~ namet I By: ~~ '" Signature~ Ron Tegenkamp, President Second Witness .... 5'lL~(U) i?JJ(1(Jw/'J tType/ print witness name t Typed signature and title Approved as to form and legal sufficiency: ~Jh~ . / ASSIstant County Attorney CD/leefJ Greene Print Name Page 9 of 15 EXHIBIT A Scope of Services 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. PagelOofl5 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. 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. Page I 1 of 15 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 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. Page 12 of 15 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 Page 13 of 15 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. Page 14 of 15 EXHIBIT B RATE SCHEDULE Personnel Category Appraiser Staff Appraiser Technical Assistance/Clerical Researcher Expert Witness Rate per hour $150.00 $125.00 $ 60.00 $ 85.00 $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 15 of 15 From: Ben Brown Ins -6597 ACORQ, CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDfYYYY) 12/17/2008 PRODUCER (941)366 9373 FAX (941) 365 3143 THIS CERTIFICATE IS ISSUED AS A MA TiER OF INFORMATION Ben Brown Insurance Agency Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 3731 S Tuttle Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sarasota, FL 34239-6410 Lynn Wri ght INSURERS AFFORDING COVERAGE NAIC# INSURED Retech Inc INSI_RER A Southern OwnersMlnsurance Co 10190 6221 Iroquois Ct -.--^..--.. -- INSlRER 8 Odessa, FL 33556 INSURER C ----- _._~_..._- ..._-----_.~--_.- INSURER D ----,---.----- INSURER E 941-365-3143 Date: 12/17/2008 Page: 001 Time: 12:35 PM To: @ 1-239-252 ....."".,,"'A.....""'~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTl-iSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR "Obi -. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P~~I~,EXPIRATiON -- LIMITS GENERAL LIABILITY APPLIED FOR 12/05/2008 12/05/2009 EACH OCCURRENCE i $ 1 000 OOC X COMMERCIAL G::;NERAL LIABILITY DM1A.GE TO RENTED $ 50,oor - p :::LAIMS MADE [8] OCCUR MED EXP (.Any (ne perSJn) I 5,oor - ._"..~.._---- 060 A X PERSONAL & ACV INJU"IY $ 1 000 - (;l:~JER!\L AGGREGI\TE $ 1,000,000 - .- GEI~'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 1,000,000 Xl f " n PRO nLOC I -- X POLICY JECT AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT - I MY AUTO (=ddCcidloHII) - C- AlL OWNED AUTOS BODILY INJURY (Per I-'e'~oll) , !- SCHEDULED AUTOS HIRED AUTOS i_ BODILY INJURY , NON O',^JNED AUTOS (Per <lccid8111) - - ! PROPERTY DAMAGE , (Pm accirJ811l) ~",:GE LIABILITY i AUTO ONI. Y - EA ACCIDEr-H , ANY AUTO OTHER THAN EA,ACC , ! !\UTO O~JL Y ,'I,GG , EXCESS/UMBRELLA LIABILITY EACr OCCU;;::RENCE I ~ OCCUR D CLAMS MADE AGGf,'cGAlc , -------..- --- i._.... ~ ~EDUCTI8LE , RETENTION , I WORKERS COMPENSATION AND JJ~6~l(~T'~~ I _ I i)J~ EMPLOYERS' LIABILITY .ANY PROPRIETORfPARTNER/FXEClJTIVF E L EACli ACCIDErJT $ OFFICER/MEMBER EXCLUUE:U? I ..~. L. DISEASE - E/'-. flV~'LOYEE -'--- If YOS, joscribL' under -'_.""_"_-~'_,_,_-_,~,- SPECIAL PRCVISIONS beiow E L. DISEASE - POLICY LIMIT , OTHER ! , i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Real Estate Apprai ser ::erti ficate Holder is Listed as additional insured , ATlnN SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Collier County Board of County Commissioners ~ DAYS WRtTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Contract Administration, Pu rchasi ng Dept. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3301 E Tamiami Trail OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Naples, FL 34112 AUTHORIZED REPRESENTATIVE ~/4-- Michael Brown/MIKE ACORD 25 (2001/08) FAX: (239)252-6597 @ACORD CORPORATION 1988 From: Ben Brown Ins -6597 941-365-3143 Date: 12/17/2008 Time: 12:35 PM To: Page: 002 @ 1-239-252 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policY(les) must be endorsed. A statemenl on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract betv./een the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Additional Coverages and Factors 12/08/2008 Line of Business Coverages for Coverage General Aggregate Products/Completed Ops Agg reg ate Personal & Advertising Injury Each Occurrence Fire Damage Medical Expense General Liability Limits 1,000,000 1,000,000 1,000,000 1,000,000 50,000 5,000 Ded/Ded Type Rate Premium Factor CERTIFICATE OF INSURANCE ISSUE DATE 11/24/2008 I I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NOI RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENDI OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I COMPANIES AFFORDING COVERAGE General Star National PRODUCER Herbert H. Landy Ins. Agency, Inc. 75 Second Avenue, #410 Needham, MA 02494-2876 INSURED Ronald E. Tegenkamp 6221 Iroquois Court Odessa FL 33556 COVERAGES 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 'JESCRIBED HEREIN IS SUBJECT I TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NO. NJA 974268B POLICY TERM: 07/21/2008 - 07/21/2009 LIMITS OF LIABILITY: $ 1,000,000.00 each claim; $ 2,000,000.00 annual aggregate; DEDUCTIBLE: $ 500.00 1 $ 1,000.00 each claim/annual aggregate; PRIOR ACTS DATE: 07/21/2005 Coverage is on a claims-made basis. DESCRIPTION OF OPERATIONS Real Estate Appraisers Professional Liability. CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIESI BE CANCELLED BEFORE THE EXPIRATION DATE I THEREOF, THE ISSUING COMPANY WILL ENDEAVOR I TO MAIL 60 DAYS WRITTEN NOTICE TO THEI CERTIFICATE HOLDER NAMED TO THE LEFT, BUTI FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE I NO OBLIGATION OR LIABILITY OF ANY KINDI UPON THE COMPANY, ITS AGENTS ORI REPRESENTATIVES. I I CERTIFICATE HOLDER I ICollier County 3301 E. 1famiami Trail Naples, FL 34112 AUTHORIZED REPRESENTATIVE ~y~~ ALEX SINK It -."" ~' " .'. . 1/ . '~..,~. ..~-_..," 08-22-2008 ST ATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * CHIEF FINANCiAl OFFICER NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 08/22/2008 EXPIRATION DATE: N/A E PERSON: TEGENKAMP FEIN: 592678196 BUSINESS NAME AND ADDRESS: RETECH INC 6221 IROQUNDIS COURT ODESSA FL 33556 SCOPES OF BUSINESS OR TRADE: 1- APPRAI SAL RONALD 2- REAL ESTATE / PROPERTY MGMT IMPORTANT: Pursuant 10 Chapler 440 . 05(4), F.S., an ollicer 01 8 corporation wllo elects exemption Irom Ihis chapler by filing a certificate of election under Ihis seelion may nOI recover benefits Of compensation Iloder Ihls chapter. Pursuanl 10 Ch.pler 440.05(121, F.S., Certilicates 01 election 10 be exempt.. .pply only wilhin tile scope of the business or trade lisled on Ihe nolice 01 election 10 be exempt. Pursuanl to [Il.pter 440.05(13), F.S., Notices of election to be exempt and certificates of election to be exempt shall be subject 10 revocation ii, al any lime aller the liling 01 the notice or the issuance 01 the certificate, the person named on the nolice or certificate no longer meets the requirements 01 this secllon for issuance 01 I certilicate. The department shIll revoke a certificate at IllY time lor failure of the person named on the cerliliclle to meet the requirements 01 this section. lWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISEO 09-06 QUESTIONS? (8501 413-1601 PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE STATE OF FlORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION NON-CONSTRUCTION INDUSTRY CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW . EFFECTIVE: 08/22/2008 EXPIRATION DATE: N/A PERSON: RONALD E TEGENKAMP FEIN: 592678196 BUSINESS NAME AND ADDRESS: RETECH tHC 6221 IROQUNOIS COURT ODESSA, Fl 33556 SCOPE OF BUSINESS OR TRADE: 1- APPRAISAL 2- REAL ESTATE I PROPERTY MGMT F IMPORTANT o Pursuant to Chapter 440.05(14). F.S., an officer of a corporation who L elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensatIOn under this D chapter. H Pursuant to Chapter 440.05(12), F.S., Certificates of election to be exempt... apply only within the scope of the business or trade listed on E the notice of election to be exempt. R E Pursuant to Chapter 440.05031. F.S., Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. QUESTIONS? (8501 413-1609 CUT HERE . Carry bottom portion on the job. keep upper portion for your records. WC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISEO 09-06 ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ," 12/08/2008 PRODUCER (941)366-9373 FAX (941)365-3143 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ben Brown Insurance Agency Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3731 5 Tuttle Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sarasota, FL 34239-6410 Ginger Ramsey INSURERS AFFORDING COVERAGE NAIC# INSURED Ronald E & Alison A Tegenkamp INSURER A Auto-Owners Insurance Co 18988 INSURER B 6221 Iroquois Ct INSURER C Odessa, FL 33556-3325 INSURER 0 INSURERE COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 'ri~ N~~i TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ [- COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ I I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ ! C- GENERAL AGGREGATE $ C- -_.._-~~--- GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ II (nPRO n POLICY JECT LOC ~TOMOBILE LIABILITY 4113436100 09/20/2008 03/20/2009 COMBINED SINGLE LIMI1 (Eaaccident) $ 500,000 ANY AUTO C- ALL OWNED AUTOS BODILY INJURY 'x $ SCHEDULED AUTOS (PerperSQn) A C- HIRED AUTOS BODILY INJURY C- $ NON-OWNED AUTOS (Per accident) C- C- PROPERTY DAMAGE $ (Peraccidenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EAACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA UABllITY EACH OCCURRENCE $ P OCCUR o CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- IOJ~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE- EA EMPLOYE $ Ilyes, describe under SPECIAL PROVISIONS below EL OISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /lOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT / SPECIAL PROVISIONS eal Estate Appraiser rERTIFICA TE HOLDER rAN'':J:'1 1 A T1nN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Coll ier County --.!lL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Contract Administration, Purchasing Dept. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3301 E. Tamiami Trail OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES Naples, FL 34112 AUTHORIZED REPRESENTATIVE k-#'L-- Michael Brown/MIKE ACORD 25 (2001108) @ACORDCORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nOf does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)