#08-5067 (American Acquisition Group)
A G R E E MEN T 08-5067
for
Real Estate Appraisal Services
THIS AGREEMENT, made and entered into on this ~day of D,'c<<....lau-; 2008, by and
between American Acquisition Group, LLC, authorized to do business in the State of Florida,
whose business address is 5600 Mariner Street, Suite 104, Tampa, Florida 33609, 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
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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 USPAP 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 USP AP, 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
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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 D. Wade Brown, SRjWA, RjW-RAC, RjW-NAC 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
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one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of
any of the Property.
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:
D. Wade Brown, sR/W A, R/W-RAC, R/W-NAC
American Acquisition Group, LLC
5600 Mariner Street, Suite 104
Tampa, FL 33609
Phone: 813-287-8191; Fax: 813-287-8272
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.
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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.
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 Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Appraisers; Products and Completed Operations and Contractual Liability.
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B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liability 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.
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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.
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, andj or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual andj or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, andj or quotes; and, c.
immediate termination of any contract held by the individual andj 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 U.s.e. 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.
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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.
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.
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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:
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Attest Ii to 0Ia1rMt ,
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First Witness (
Barbara J. Fox
tTypel print witness namet
,
Cindy Mabry
---------
iType/print witness narnei
Approved as to form and
legal sufficiency:
C~MP~~
Assistant County Attorney
CiJllr;efl ~___
Print Name
[)ugG') of 15
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPRAISER
By:
D. Wade Brown, SRlWA, RIW-RAC, R/W-NAC
Typed signature and title
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.
Page 100f15
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 II 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 I 5
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 IS
discernible by the reader. Any Listings employed by the appraiser must also be shown on
the maps.
Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings
based upon highest and best use, with listings grouped together within each sub-group; (2)
improved property Sales Data Sheets, subdivided into separate groups based upon present
use, with listings grouped together within each sub-group; (3) market adjustment studies; (4)
income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the
agreement between Collier County and the Appraiser specifically exclude regional analysis
from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from
zoning regulations or such other reference materials upon which the Appraiser has
specifically relied in developing the appraisals; and (8) any special studies and/or
comparative analyses made during the development of the appraisals, and/ or which were
already in existence and upon which the Appraiser relied during the development of the
appraisals.
Page 14 of15
EXHIBIT B
RATE SCHEDULE
Personnel Categorv
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
ACORD. CERTIFICATE OF LIABILITY INSURANCE ~gQI DATE (MMffiDNYVY)
12/01/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF.INFORMATIO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
North American Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5100 N Classen Blvd. Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Oklahoma City OK 73118
Phone: 800-880-0291 Fax: 405-556-2332 INSURERS AFFORDING COVERAGE NAIC#
INSURED --
INSURER A: Traveler. Prop cas Co of AIDer 25674
INSURER B: Federal Insurance Co 20281
American Acquisition Group INSURER c:
Wade Brown
5600 Mariner street, Sui te 104 INSURER 0:
Tampa FL 33609-3443 INSURER E:
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 tAAY 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.
LT' NS' TYPE OF INSURANCE POLICY NUMBER I ~~~IMMlDDNYf- I P8k~"EY,~fJID7f~~~N LIMITS
~NERAL LIABILITY I 07/15/08 EACH OCCURRENCE $1,000,000
A X X COMMERCIAL GENERAL LIABilITY I6602808L911 07/15/09 PREMISES (Ea occurence) $100,000
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5,000
I--- PERSONAL & ADV INJURY $1,000,000
NO DEDUCTIBLE GENERAL AGGREGATE $2,000,000
r-
GEN'L AGGREGATE LIMIT APnS IPER: PRODUCTS - COMPIOP AGG $2,000,000
!xl ' n PRO-
X POLICY JECT LOC
~TOMOBllE LIABILITY COMBINED SINGLE LIMIT $1,000,000
A ~ ANY AUTO BA0608M255 02/05/08 02/05/09 (Eaaccident)
I--- ALL OWNED AUTOS NO DEDUCTIBLE BODILY INJURY
(Per person) $
f--- SCHEDULED AlITOS
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AlITOS (Per accident)
f--- PROPERTY DAMAGE $
(Per3ccident)
~RAGE LIABILITY AlITO ONL V - EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONL V: AGG $
EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000
A ~-OCCUR D CLAIMS MADE CUP8559Y665 07/15/08 07/15/09 AGGREGATE $ 5,000,000
$
~ DEDUCTIBLE I $
X RETENTION $10,000 i I $
WORKERS COMPENSATION AND I IT6,fY'tT~)},s I IV".-
EMPLOYERS' LIABILITY
ANY PROPRIETORlPARTNERlEXECUTlVE E.L EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $
If trc. describe under
S ECIAL PROVISIONS below E.L. DISEASE" POLICY LIMIT $
OTHER
B Prof L:i.abili ty 82086044 07/15/08 07/15/09 Limi ts $lmm/ $lmm
Retention 10,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED AS REPECTS GENERAL
LIABILITY FOR WORK PERFOBMED BY THE NAMED INSURED, IF REQUIRED IN WRITTEN
CONTRACT - SUBJECT TO PROVISIONS AND EXCLUSIONS OF THE POLICY.
CERTIFICATE HOLDER
CANCELLATION
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
NAPLES, FLORIDA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUT RlZ 0 PRE ENTATIVE
NAPLES FL 34112
@ACORD CORPORATION 1
ACORD 25 (2001/08)
~ -,-,--,;,>-~",._'-~----"'---"."--'-"."-' ..-..""._-~---_._-,,_.,
ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID J6 I DATE (MMfDOIYYYY)
AMERI17 12/02/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Heacock Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
P.O. Box 7788 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Sebring FL 33872-7788
Phone: 863-385-5171 Fax: 863-385-4130 INSURERS AFFORDING COVERAGE NAlC#
INSURED INSURER A Zurich Insurance company 19305
INSURER 8:
American Acquisition Group LLC INSURER C
Wade Brown
5600 W Mariner St Ste 104 INSURER 0
'l'ampa FL 33609
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED.A.80VE FOR n1E POLICY PERIOD INDICATED. NOTWITHSTN'JDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, fXCLUSIONS AND CONDITIONS Of SUCH
POLICIES, AGGREGATE LIMITS SHOVlIN MA,Y HAVE BEEN REDUCED BY PAID CLAIMS
~~ TYPE OF INSURANCE POLICY NUMBER DATE (MMlDDfYY) DATE (MMJDDIYY) LIMITS
~NERAL LlABlLrTY EACH OCCURRENCE I
COMMERCiAl GENERAL LIABILITY PREMISES (Ea occurencel I
I CLAI MS MADE D OCCUR MED EXP (Anyone person) I
PERSONAJ... & PDV INJJRY I
GENERf\L AGGREGATE I
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COtv1P/OP AGG I
I POLICY n j~& n LaC
AUTOMOBILE L.1AB1L.1TY COMBINED SINGLE LIMIT
- I
ANYAlJTO (Eaaccident)
-
AlL OWNED AUrOS BODILY INJURY
- I
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BOOIL Y INJURY
f- I
NON-OWNED AUTOS (Peraccidert)
f-
f- PROPERTY DPMA.GE I
(peraccidentJ
RGELIABILm' AUTO ONLY - EA ACCIDENT I
ANY AUTO OTHER THAN EAACC I
AUTO ON... Y """ I
D~SSIUMBRELLA LIABIL.1TY EACH OCCURRENCE I
OCCUR D CLAIMS WIDE AGGREGATE I
I
R DEDUCTIBLE I
RETENTION I I
WORKERS COMPENSATlON AND X ITOOY LIMITS I IO~
EMPt.OYERS' LIABILITY 03043089200 07/12/08 07/12/09 1500000
A fWY PROPRJErORIPARTf'.ERlEXECUTIVE E l:-€ACH ACCIDENT
OffICERlMEM3ER EXCLUDED? EL DISEASE - EA EMPLOYEE 1500000
If yes. deSClibe under EL DISEASE- POLICY LIMIT 1500000
SPECI.l\l PROVISIONS below
OTHER
DESCRJPllON OF OPERATlONS I L.OCATlONS I VEHICLES I EXCL.USIONS ADDED BY ENDORSEMENT f SPECIAL. PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
COLLJ:E1 SHOULD /JJN OF THE ABOVE DESCRIBED POLICIES BE CANCEL.LED BEFORE THE EXPIRATlON
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
Collier county Board of county ~
NOTICE TO THE CERTlFICATE HOLDER NAMED TO TI-lE LEFT, BUT FAIlURE TO DO SO SHALL.
commissioners Naples, Florida M>OSE NO OBL.lGATlON OR LIABIL.1TY OF ANY KIND UPON 'TliE INSURER, rrs AGENTS OR
3301 E Tamiami Trail
Naples FL 34112 REPRESENTATIVES.
Ie ~..~~~
ACORD 25 (2001/011)
@ACORDCORPORATION1988