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#08-5067 (Real Estate Appraisal & Litigation, LLC) A G R E E MEN T 08-5067 for Real Estate Appraisal Services THIS AGREEMENT, made and entered into on this L day of he..a.",-~v:- 2008, by and between Real Estate Appraisal & Litigation, LLc, authorized to do business in the State of Florida, whose business address is 14281 Cemetery Road, Fort Myers, Florida 33905, 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.5., 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 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 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 William H. Reeve, III, MAl, SRA. 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 Page 3 of 15 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: William H. Reeve, III, MAl, SRA Real Estate Appraisal & Litigation, LLC 14281 Cemetery Road Ft. Myers, FL 33905 Phone: 239-694-5940; Fax: 239-694-5942 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. Page 4 of 15 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.5., 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. Page 5 of 15 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. Page 6 of 15 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 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. Page 7 of 15 28. ADDITIONAL ITEMS/SERVICES. Additional items andj 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 andj 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA g, an . ':_;' ,", APPRAISER Uv~ C J>~~ First Witness Real Estate Appraisal ~.I:.~' LLC ~ ' , /; . ,,/ Bda ~ -~- Igna re r /v ,', &//ev tTypejprint witness na et ~ (,J)'Ch.. Se ond WItness ~ ~eD. S"^-"-f\.,l-......W".cl.1 tTypej print witness name t Approved as to form and 'cgillt"i;:tL Assistant County Attorney Sc..i/- R.. 7~L Print Name Page 9 of 15 EXHIBIT A Scope of Services COLLIER COUNTY SUPPLEMENTAL APPRAISAL ST ANDARDS (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 (USP AP). 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 10 of 15 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 11 01'15 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, andj 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 1201'15 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 1401'15 EXHIBIT B RATE SCHEDULE Personnel Cate~ory 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 1501'15 ACORD~ CERTIFICA TE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 12/31/2008 PRODUCER (407) 849 0333 FAX: (407)425 5694 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION George Eidson Agency, Inc. dba Eidson ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 540209 ALTER THE COVERAGE AFFORDED BY THE POLICIES 8ELOW. 2807 Edgewater Dr Orlando FL 32854 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Indemnity of 25660 The Appraisal Group INSURER B- 378 CenterPointe Circle INSURER c: Sui te 1286 INSURER D: Altamonte Springs FL 32701 INSURER E 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 AG' ;REGATE LIMITS SHOWN MAY HAVE BEEN RED' ,rEn BV PAID ClAIMS. II~~: ~~~~ TYPE OF INSURANCE POLICY NUMBER P.5'''}+~~J~~gg,wIE Pg~~:I~':l;~J,gN LIMITS GENERAL LIABILITY EN'I-l ()rrIIRRENCE $ , 1,000,000 -=- ~~~~~J9E~~~J~~enCJ1) 1,000,000 X COMMERCIAL GENERAL LIABILITY $ IA -.- rl CLAIMS MADE lliJ OCCUR I-680-8468H753-TIA-09 1/20/2009 1/20n010 MED EXP An one ersQDl. $ 5,000 t- PER<::nNAL & ADV INJL RY $ 1,000,000 t- GENERAL AGGREGATE $ 2,000,000 GEN'L AGG~nE LIMIT APPLIES PER: PRODI JrT<:: - r:nMP.LQ.E p.GG $ 2,000,000 Xl ~t'PT n X POLICY LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT / - (Ea accident) $ 1,000,000 ANY AUTO - 1/20/2009 1/20/2010 A - ALL O'I'.'TIIED AUTOS I-680-8468H753-TIA-09 BODILY INJURY (Per person) $ X SCHEDULED AUTOS HIRED AUTOS BODILY INJURY ~ (Peraccidenl) $ NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANv AUTO OTHER THAN EA~ $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY FACH $ 1,000,000 P.OCCUR D CLAIMS MADE AGGREGATE $ 1,000,000 $ A 8 DEDUCTIBLE ISFCUP8468H753IND09 1/20/2009 1/20/2010 $ X RETENTION $ 5,000 $ WORKERS COMPENSATION AND _LrfC STATU-i.L1lH- El'.~::'L::rri:r..S' ...tABiUTY ..__ .QR,(llMlIS..~ fR ANY PROPRIETORJPARTNERlEXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ Iryes, describe under SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCA TIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 Days for Non Payment of Premium Certificate holder is listed as an Additional Insured as respects the General Liability policy. org_ 50h1 SHOULD ANY OF THE ABOVE DESCRIBED POLJCIES BE CANCELLED BEFORE THE Collier County Government EXPIRATION DATE THEREOF, THE ISSUING INSURER WlLL ENDEAVOR TO MAIL Purchasing Building 30- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 3301 E. Tamiami Trail FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LJABILITY OF ANY KINO UPON THE Naples, FL 34112 INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE C~_~~ Carroll Frazier/CMP ._---~._._----._- CERTIFICATE HOLDER ACORD 25 (2001/08) INS025 (0108}.08a CANCELLATION @ ACORD CORPORATION 1988 Page 1 of2 ~,--_._,--~,"......_- '_._,.----------~._...,~.~-_._. 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 lerms and condilions 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 endorsemenl(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the i~srJi!1!J insurer(s), authorized representative or producer, and Ihe certificate holder, nor does it affirmalively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25 (2001/08) INS025 (0108).08a Page2of2 -'~'...._... -"-"'-'-"~"-'---__'-"--_'''_~__~_'___.''~h___''__~__"'"._._.__.