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Agenda 09/08/2015 Item #14B19/8/2015 14. B.1. EXECUTIVE SUMMARY Recommendation for the CRA (Community Redevelopment Agency) Board to review and discuss options to market and sell, or develop through a public - private partnership, the CRA - owned property identified in the Redevelopment Plan for development of a catalyst project and provide the proper authorizations to facilitate the same. OBJECTIVE: To encourage and facilitate redevelopment within the Bayshore Gateway Triangle Community Redevelopment Area. CONSIDERATIONS: In 2009, the Community Redevelopment Agency Board (CRA Board) authorized staff to purchase 5.27 acres of commercial property in the Gateway Mini - Triangle for $6,386,000. A Fifth Third Bank loan was secured to purchase the land. The Collier County Community Redevelopment Plan identified this location as a Project Catalyst Area that would spark surrounding development and redevelopment of the Gateway Triangle Area. Staff presented a developer's purchase agreement from Fortino Construction & Development, LLC for $5.2 million to the CRA Board at their regular October 28, 2014 meeting and finalized the terms of the agreement at the November 18, 2014 meeting. The sale was required to close on July 13, 2015. The developer notified the CRA staff and the County Manager's Office on July 13, 2015 that he did not have funds to close the contract. Since the developer did not close on the property the County received $152,000 from the contract. Recent Interest During the summer recess, the County Manager's staff was contacted by several interested parties. In addition to selling the subject property outright, at least one interested party has expressed interest in entering into a public - private partnership to develop the property. Although the details of the proposal are not yet fully developed, staff believes this approach may be worthy of Board consideration. In consideration of this expressed interest and the prior direction of the Board, staff has identified the following three options for Board consideration. All options would be in accordance with Florida Statute 163.380 as outlined in the Collier County Community Redevelopment Plan and bring back any and all offers to the Board. Land Disposition The CRA Advisory Board and staff are providing two (2) options for the Board to consider in the disposition of the property. Option 1 - List the property for sale with Commercial Real Estate Consultants LLC dba CRE Consultants, LLC. At the April 23, 2013 Board meeting (Agenda Item# 10G), the Board authorized the Purchasing Department to solicit through a Request for Proposal (RFP13 -6099) to enlist services of a residential and commercial real estate and property management firm for the purchase, sale, lease and management of the county's significant. real estate holdings. The County entered into a contract with Commercial Real Estate Consultants, dba as CRE, LLC on June 25, 2013 (Agenda Item #16E2). The agreement between Collier County and Commercial Real Estate Consultants, LLC dba CRE Consultants, LLC is Attachment 1.Commercial Real Estate Consultants, LLC dba CRE Consultants, LLC is a. local commercial real estate firm that has been in Southwest Florida since 1998. They have five offices located in Naples, Bonita Springs, Fort Myers and Stuart, Florida. They employ more than 50 professionals, including five employees that hold the Certified Commercial Investment Member (CCIM) designation. The CCIM designation indicates these agents/brokers are "recognized experts in the commercial and Packet Page -399- 9/8/2015 14.B.1. investment real estate industry". Commercial Real Estate Consultants, LLC dba CRE Consultants, LLC will market the Gateway Triangle property through a number of methods such as property flyers, email campaigns, offering memorandums, property web page, direct mail campaigns and signage (see pages 5 and 6 of Attachment 2). In addition, the property will be listed on LoopNet (an online commercial listing service), CoStar (subscription based property database available through many US markets, the company website (www.CREConsultants.com) and through social media (Facebook and Twitter). Staffs day -to -day contact will be with Raymond Sandelli (Managing Partner) while the Broker Associate, Biagio Bernardo, will assist in locating buyers for the property. See Attachment 3 for their professional profiles. The attached Exclusive Right of Sale Listing Agreement for Commercial Property is the typical agreement used by Naples Area Board of Realtors ( NABOR) and approved by the County Attorney's Office (See Attachment 4). The highlights of the listing agreement are: • Contract period is defined by the Board (Section 1 second paragraph) • Sales price is defined as $5,272,500 (Section 1B) • Buyer's and seller's agent will equally split 6% commission (Section 3B and Section 4A) • If sale does not close and deposit from buyer is forfeited, Commercial Real Estate Consultants, LLC dba CRE Consultants, LLC will receive 50% of deposit, including cost expended by CRE to market property (Section 4C) • Property shall be listed on Multiple Listing Service (MLS) in addition to the other avenues identified (Section 7) • Should the County terminate the contract prior to the termination date, Commercial Rea 1 Estate Consultants, LLC dba CRE Consultants, LLC will receive a $500.00 cancellation fee (Section 9) Option 2 - Over the last several weeks CRA staff has had a number of inquiries regarding the potential purchase of the property. If it is the desire of the Board, CRA staff would market the property for sale through the County identified process by completing the following steps: • Place a "For Sale" sign on the property facing both Tamiami Trail and Davis Boulevard • List the property for sale on the CRA's website and directly notify commercial brokers • Work with Purchasing and Real Property Management Section to list the property on their webpage • Send e -mail blasts to interested parties from t he CRA, Real Property, and Procurement Services regarding the property Based on a commission of 6 %, the approved real estate contract used by NA 3OR provides Real Estate Agents who secure a Buyer other than the listing agent a commission in the amount of 3 %. The other 3% goes to the listing agent for a total of 6% commission. It is very likely if CRA staff markets the property a real estate agent may bring a Buyer for consideration. Therefore, if it is the desire of the Board for staff to market and sell the property, staff recommends the Board approve compensation in the amount of 3% as deemed standard by the Real Estate Industry and set -forth in the NABOR contract as an incentive for Agents to bring Buyers to the CRA. Option 3 - The third option is for the CRA Board to open a window for interested parties to submit their proposals for price and concept for developing the subject property. This option would allow the CRA Board to consider not only outright purchases, as in the prior two options, but also provides an opportunity to consider public - private partnerships. CRA staff, working with CRE Consultants, LLC would then rank these proposals and bring the rankings back to the CRA Board for further consideration. Packet Page -400- 9/8/2015 14.B.1. Land Development Regulations Florida Statutes, Chapter 163, Part III, governs the use and disposition of the property acquired for community redevelopment purposes. Florida Statutes 163.380(1) - The County adopted the Collier County Community Redevelopment Plan for Immokalee and Bayshore Gateway Triangle Redevelopment Areas at the March 14, 2000 Board meeting (Item412CI). Section 5.7 — Redevelopment Area Goals (page 82) articulate the redevelopment goals for the Bayshore and Gateway Triangle Area. The development components were designated as a "Mixed Center /Corridor Development Concept" through the public participation process. The proposed land use pattern for the Triangle Area was proposed to suggest the basic regulatory framework that will support the redevelopment of the project area. The uses include the following: "Mixed Use/Hotel /Office /Commercial: the western apex of the Triangle as defined by the Tamiami Trail, Davis and Commercial... featuring hotel, restaurant, and other related commercial uses. The site is well situated to provide a significant entry statement for the redevelopment area" (Page 83). See Attachment 5 — Figure 11, Illustration VIII -1 Land Use Plan from the Community Redevelopment Plan dated spring 2000. In order to implement the land use plan outlined in the Redevelopment Plan for the Gateway Triangle parcel, CRA staff implemented a Bayshore and Gateway Triangle Mixed Use Overlay District (Chapter 2.03.07, Collier County Land Development Code [LDC]), along with Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area (Chapter 4.02.16, Collier County LDC), last updated on September 25, 2012. LDC Section 2.03.07.1 defines the purpose and Intent of the Gateway Triangle Mixed Use Overlay District ( GTMUD): "The purpose and intent of this District is to encourage revitalization of the Gateway Triangle portion of the Bayshore Gateway Triangle Redevelopment Area with human- scale, pedestrian - oriented, interconnected projects that are urban in nature and include a mix of residential types and commercial uses. Development in this District should encourage pedestrian activity through the construction of mixed -use buildings, an interconnected street system, and connections to adjacent neighborhoods. When possible, buildings are located near the street with on- street parking and off -street parking on the side or in the rear of the parcel." The Bayshore /Gateway Triangle Redevelopment Overlay outlined in the Growth Management Plan (updated May 28, 2013) and the Land Development Code regulations outlined to implement the uses in the GTMUD are tied either to the underlying zoning classifications, which at this location is C-4 or if developed as a Mixed Use Development would allow uses as C -1 through C -3. Attachment 6 indicates the uses allowed in the C -1 district through the C-4 district. Appraisal Information and Florida Statute Regulations The most recent sales offer ($5.2 million) was based on an appraisal completed by the County's Real Property Management Section on April 22, 2014. An updated appraisal was completed on August 4, 2015 having an estimate value of $5,272,500 (Attachment 7). Since this property is located within the CRA, certain caveats to sell the land are required by Florida Statute 163.380(2) - Florida Statute 163380(3)(a) requires that the CRA publicly advertise the disposition of the land "in a newspaper having a general circulation in the community "(i.e., Naples Daily News)...at least 30 days prior to the execution of any contract to sell..." In order to streamline the process, once staff has a contract with a potential buyer, staff Packet Page -401- 9/8/2015 14. B.1. will advertise the disposition of the property as outlined above, prior to presenting the contract to the CRA Board. This action will have no impact on the negotiation of the contract or the sale. It will allow the sales process to be expedited. The property would be listed for sale in an amount not less than the appraised value of $5,272,500. As stated in previous paragraphs, this parcel is identified as a Catalyst Project in the redevelopment plan. The intent of the redevelopment plan is to encourage the revitalization of the area by involving the private sector, creating joint ventures /partnerships and furthering the goals, objectives, and policies within the County. The sale of this property will allow for more development in an urban area where urban services are currently available. The redevelopment intent of this parcel is meant to be pedestrian- oriented and to provide access to nearby neighborhoods. LEGAL CONSIDERATIONS: The listing agreement was prepared using a standard fonn created by the "FloridaRealtors" organization. The standard form was provided by Naples Area Board of Realtors. This item is approved for form and legality and requires a majority vote for Board approval. - JAB FISCAL IMPACT: The cost to advertise and associated fees are available in the Bayshore /Gateway CRA Fund (187) budget. Net proceeds from any future sale of the subject property- will be applied to the prepayment of the principal outstanding under the Collier County Community Redevelopment Agency Taxable Note, (Fifth Third Bank), Series 2013. GROWTH MANAGEMENT IMPACT: The redevelopment of the Gateway Triangle Project will further the goals, objectives and policies outlined in the Future Land Use Element — Bayshore /Gateway Triangle Redevelopment Overlay. RECOMMENDATION: Recommendation for the CRA (Community Redevelopment Agency) Board to review and discuss options to market and sell, or develop through a public - private partnership the CRA - owned property identified in the Redevelopment Plan for development of catalyst project and provide the proper authorizations to facilitate the same. Prepared by: Elly Soto McKuen, Project Manager; Community Redevelopment Agency Due to the size of the back -up the following links have been provided: http: / /www.colliergov. net / ftp /AgendaSeptO8l5/ AdmServices /Attachment2- CRACompanyReview pdf http: / /www.colliergov. net / ftp /AgendaSept08l5/ AdmServices/ AttachmentB- RealtorBrokerProfiles pdf http: / /www.colliersov.net /ftp /AgendaSeptO8lS /AdmServices /Attachment4- AmendedListingAgreement.pdf http: / /www.colliergov. net / ftp /AgendaSept08l5/ AdmServices /Attachment5- LandUsePlan pdf http: / /www.colliergov net/ ftp /AgendaSept08l5 /AdmServices /Attachment6- PermittedandConditionalUsesClthruC4 .pdf http://www.colliergov.net/ ftp /AgendaSept08l5 /AdmServices /Attachment7- AmendedAppraisalforTriangleParcels .pdf Packet Page -402- 9/8/2015 14.6.1. Attachments: (1) Commercial & Industrial Real Estate & Property Management Services Agreement, (2) Commercial Real Estate Consultants, LLC dba CRE Consultants, LLC Company Overview, (3) Professional Profile for Raymond Sandelli and Biagio Bernardo (4) Exclusive Right of Sale Listing Agreement for Commercial Property, (5) Figure 11, Illustration VIII - 1 Land Use Plan from the Community Redevelopment Plan dated Spring 2000, (6) C -1 through C-4 Tables of Uses, (7) Collier County Real Property Management Section Updated Appraisal, dated August 4, 2015 Packet Page -403- 9/8/2015 14. B.1. COLLIER COUNTY Board of County Commissioners Item Number: 14.14.13.14.1.1. Item Summary: Recommendation for the CRA (Community Redevelopment Agency) Board to review and discuss options to market and sell, or develop through a public- private partnership the CRA -owned property identified in the Redevelopment Plan for development of catalyst project and provide the proper authorizations to facilitate the same. Staff is proposing three options: 1) Authorize the Chair to sign the Listing Agreement between Collier County and Commercial Real Estate Consultants, LLC dba CRE Consultants, LLC; 2) Authorize CRA and the appropriate County staff to market and sell CRA owned property; or 3) Authorize a solicitation that would allow consideration for price and concept proposals. All options would be in accordance with Florida Statute 163.380 as outlined in the Collier County Community Redevelopment Plan and bring back any and all offers to the Board. Meeting Date: 9/8/2015 . Prepared By Name: McKuenElly Title: Grants and Housing Coordinator, Senior, Public Services Department 8/10/2015 1:54:05 PM Submitted by Title: Grants and Housing Coordinator, Senior, Public Services Department Name: McKuenEliy 8/10/2015 1:54:06 PM Approved By Name: JourdanJean Title: CRA Operations Manager, County Redevelopment Agency Date: 8/18/2015 12:23:26 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 8/19/2015 8:01:26 PM Packet Page -404- Name: MottToni 9/8/2015 14.8.1. Title: Manager - Property Acquisition & Const M, Administrative Services Department Date: 8/21/2015 8:11:38 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 8/27/2015 11:20:03 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 8/28/2015 6:11:17 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/1/2015 10:23:34 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/1/2015 11:43:55 AM Packet Page -405- 9/8/2015 14.6.1. Attachment 1 AGREEMENT13 -6099 for Commercial & Industrial Real Estate & Property Management Services THIS AGREEMENT, made and entered into on this ; `day of Jk " e 2013, by and between Commercial Real Estate Consultants, LLC, authorized to do business in the State of Florida, whose business address is 12140 Carissa Commerce Court, Suite 102, Fort Myers, FL 33966, (the " (the "Consultant ") and Collier County, a political subdivision of the State of Florida, (the "County "): WITNESSETH: 1. COMMENCEMENT. The Agreement shall commence upon Board approval in accordance with RFP 13 -6099 Commercial and Residential Real Estate and Property Management. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. CONTRACT TERM. The contract shall be for a two (2) year period, commencing on date of Board award and terminating two (2) years from that date. The County may, at its discretion and with the consent of the Consultant, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Consultant 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. 3. STATEMENT OF WORK. The Consultant shall provide Commercial /Industrial Real Estate and Property Management Services in accordance with the terms and conditions of RFP #13 -6099 and the Consultant'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 Consultant and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Page 1 of I 1 . GA Packet Page -406- - - - -- -- -- - - ___- 9/8/2015 14.6.1. 4. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement in accordance with Exhibit A, Fee Schedule, attached herein and incorporated by reference, together with the cost of any other charges /fees submitted in the proposal. Any County agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla, Stats., otherwise known as the "Local Government Prompt Payment Act ". 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted, Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement, 5. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Commercial Real Estate Consultants, Inc. 1100 5th Avenue, Suite 100, Naples, FL 34102 239/659 -1447 Telephone; 239 /659 -4028 Fax Raymond Sandelli, Managing Partner Ray.sandelli@creconsultants.com All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tarniami Trail, East Naples, Florida 34112 Attention: Purchasing & General Services Director Telephone: 239 -252 -8407 Facsimile: 239 -252 -6480 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 2 of 11 6) : Packet Page -407- 9/8/2015 14.B.1. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, P.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non- County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Consultant shall provide insurance as follows: Page 3 of 1 ] cg Packet Page -408- 9/8/2015 14. B.1. _ -- r A, Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $1,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $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: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Reciuirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Consultant shall ensure that all subConsultants /Consultants comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant, any statutory or regulatory violations, Page 4 of 11 . CA Packet Page -409- 9/8/2015 14.6.1. or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Real Estate Services Department. 15. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal, Insurance Certificate, RFP #13- 6099 - Commercial and Residential Real Estate and Property Management Scope of Services and Addenda. 17. 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. 18. 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 Page 5 of 11 CA O Packet Page -410- - - - 9/8/2015 14.B.1. quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Consultant 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 of 8 U.S.C. 1324, et seq. and regulations relating thereto, as either ' may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 20, OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms_ and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. 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. 22. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract in compliance with the Purchasing Policy. 23, DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision- making authority and by. County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44:102, Fla. Stat, 24. 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. Page 6 of 11 CAU Packet Page -411- 9/8/2015 14.B.1. 25. KEY PERSONNEUCONTRACT STAFFING: The Consultant'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 ensure that competent persons will be utilized in the performance of the contract. The Consultant shall assign as many people as necessary to complete the required . services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the service delivery dates. 26. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal, RFP and /or the Consultant's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the RFP and the Consultant's Proposal, the language in the RFP would take precedence. 27. ASSIGNMENT: Consultant shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Consultant does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. Page 7of11 CA Packet Page -412- —__; -- 9/8/2015 14.B.1. IN WITNESS WHEREOF, the Consultant 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: Dwi t E. Bx.oc ClL�k of Courts Dated: 2'9 ' 'i SI�AL) Agess o Chaintn'S signa`tufe`��ly First Witness 1'Type/ print witness namet Second Witness n� r�Y) 1Type /pr nt witne s namet Approved as to Form and Legality: Assist —a. nCounty Att ney Print Name BOARD OF COUNTY COMMI IC COLLIER COUN , FLORID ;� I . A By: 1 Georgia A. Hil r Es Chairwoman Commercial Real Estate Consult ts, LLC �BV• Si attire f Type /print signature and titlel Page 8 of I 1 Packet Page -413- 9/8/2015 14.B.1. EXHIBIT A Fee. Schedule 13 -6099 Commercial Real Estate Consultants Real Estate Fees 1. Commercial/Industrial - real estate fee percentage applied to all real estate transactions 6% 2. Leasing Fee - real estate leasing percentage 6% I PropeM Management Fees 3. Property Management - Property Management hourly rate $60.00 /hr 4. Management Fee: Consultant shall be paid three percent (3.0%) of Gross Revenue actually collected in respect of the Property or a minimum monthly fee of three thousand five hundred dollars ($3,500.00), whichever amount is greater, during the applicable month. The term "Gross Revenue" means base rent, percentage rental, percentage rent, and all revenues for operating expenses prescribed by the leases from the property tenants. i Property management services and reimbursable expenses shall be payable monthly in arrears. Reimbursable and management fees shall be payable from the operating account as incurred. 5. Management Fees - Transition: If owner enters into a Purchase and Sales Agreement to purchase a property and requests Property Management S e r v i c e s f o r t h a t p r o p e r t y, upon the sale of the Property closing, Consultant shall be paid by Owner post- closing Management Fees to assist in the initial ninety (90) day transition period. The post - closing Management Fees .will be equal to a full month's Management Fee for the first thirty (30) days and Five Hundred Dollars ($500.00) for each additional tlurty (30) day period. Page 9 of I 1 Packet Page -414- the Property that Owner has directed Manager to provide construction management services. Owner shall pay Consultant as compensation for any construction or project management services requested by Owner asset forth in any related statement of work agreed upon by the parties from time to time, provided Manager shall be entitled to a minimum Project Management Fee of one thousand dollars ($1,000.00) on any Project requested. If Consultant is not paid for such services, neither Consultant nor its employees shall have an obligation to supervise, bid capital or tenant improvement work, collect lien releases, or obtain certificates of insurance from general contractors and/or subcontractors for construction and related matters. j 7. Reimbursable Expenses: Expenditures incurred by Consultant in performing its duties shall be subject to reimbursement, and no others, but only to the extent the same have been included in the Operating Budget or otherwise expressly approved by Owner. 8. Reimbursement by Owner/Property: Maintenance personnel shall be billed at a flat hourly rate of forty dollars ($40.00) per hour (regular time), sixty. dollars ($60.00) per hour ,(overtime). Maintenance cost may be adjusted with the annual renewal. Real Estate Property Manager shall be billed at a flat monthly rate of $0.015 per square foot. Supplies specific for the property and mileage for maintenance personnel and assigned property manager (billable at the current IRS mileage rate) shall be reimbursable by the Owner. These reimbursements shall be payable from the operating account as incurred. 9. Maintenance Personnel: 'Manager shall employ maintenance personnel who will perform maintenance services at Owner's Property at the outlined hourly rate above. Collier County Reserves the right to contract with other maintenance .providers or provide maintenance services utilizing County. staff. Page 10 of 11 Packet Page -415- O C� 9/8/2015 14.B.1. 10. Real Estate Property Manager: Manager shall employ a property manager who will perform management services at Owner's Property at the outlined monthly rate above. 11. Software Costs: Fees for standard accounting are included in the management fees outlined. However, if owner requests manager to perform non- standard accounting services, additional charges will apply. The cost shall be mutually agreed upon in writing prior to the delivery of these additional services. 12. Office Expenditure Reimbursements: All Office expenses (assigned manager's hand- held devices, postage, etc.) shall be paid by the property. 13. Bank Fees and Accounting Extras: Outside banking costs such as lockbox fees and other bank- generated costs will be billed back to ownership based on actual cost, and no administration fee will be charged by manager. Completion of 1099's for ownership will be billed as an extra cost if ownership instructs Manager to complete. Audit fees, due to tenant audits, will be billed as an extra cost. 14. Transition Fees: Owner shall pay Consultant additional compensation for accounting and management set -up costs in the amount of one thousand ( $1,000.00) which will be expensed as a common area maintenance expenses, pursuant to the terms and conditions of existing leases. This fee shall be due and payable on the fifteenth (15th) day of the first month of the contract. 9/8/2015 143.1. Collier County BCC 4/8/2015 11:20:23 AM PAGE 3/004 Fax Server C;0#Ut Administrative Servioes Department Procurement Services Division April 7, 2015 Mr. Raymond Sandell!, Managing Partner Commercial Real Estate Consultants, Inc. 11005 1h Ave., Ste 100 Naples, FL 34102 FAX: 659 -4028 Email: ray.sandell! @creconsultants.com RE: Contract Renewal for #13 -6099 "Commercial & Industrial Real Estate & Property Management Services" Dear Mr. Sandelli: Collier County would like to renew the above agreement under the same terms and conditions for one (1) additional year in accordance with the renewal clause in the agreement. This renewal is contingent upon Project Manager approval. If you are agreeable please indicate your intentions by providing the information as requested below: V� 1 am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract, The following attached documentation must be provided with response. • Provide updated and current insurance certificate • Provide a copy of the company's Department of Homeland Security executed E- Verify profile page or memorandum of understanding, I am not agreeable to renewal of this contract. By signature this contract will be in effect from June 25, 2015 until June 24, 2016. Please take a moment to review the Collier County Online Bidding System and refresh your business profile information. Log into the County's site at: http : /Ibid.colliemov.net/bid /, select My Profile and My Commodities, and review information and commodities to ensure they accurately reflect your business. Procuremert So vices Division• 3327 Tamiami Trail East • Naples, Florida 34112 -4901 - 239.252.8407 -wm eolliergov netlprocurementservices LRECEIVE: N0. 6148 04/ Packet Page - 417 -01AM CREC Naples 9/8/2015 143.1. Collier County BCC 4/8/2015 11 :20:23 AM PAGE 2/004 Fax Server Good morning, Please see the attached contract renewal for contract Contract Renewal for #13 -6099 "Commercial & Industrial Real Estate & Property Management Services" expiring on 06/24/15. Please review and return it signed at your earliest convenience. Also, when you submit an updated insurance certificate, please note the following changes from your insurance carrier: • On all certificates, the Certificate holder should read as follows: Collier County Board of Commissioners 3327 Tamiami Trail East Naples, FL 34112 • The Description box should include the following verbiage: "For any and all work performed on behalf of Collier County." (Vendors who have multiple contracts no longer require a separate insurance certificate for each contract.) You can return the signed contract renewal with the requested documentation, if any, by either email, fax, or mail. Respectfully, Contracts Technician Procurement Services Phone: (239)252 -6020 Fax: (239)252 -6592 U,Idv Plorda 1.ev,•, r -ir.eif :Iddres�,es R e alUfic re tf iotj io Ifol or pure - :nail rW c re;L1R!;C r 7 til: n Ilo.;r m;•. t. ti p jtdi.7 ryc :rJs ue;Qest. do nvl Livid a f ?afouk,, uYu uli q ir-Ov!;U. C06tiwl thl"i V+lice GJ [ri.:;phCIS 01 it I w-INv; RECEIVE: N0.6148 0 4 /0E Packet Page -418- AM CREC Naples 9/8/2015 14.B.1. Collier County BCC 4/8/2015 11:20:23 AM PACE 4/004 Fax Serve Page 2 of 2 RE: Contract Renewal for #13 -0099 "Cornrriercial & Industrial Real Estate & Property Management Services" Please return this Ietler to the Purchasing Department with your response:, insurance certificate E- Verify or MOU at your earliest convenience. If you have any questions you may contact Lissett De La Rosa at 239- 252 -6020; email net or FAX 239.252- U92. or 239- 732 -0844, Respectfully, Company Signature (Corporate Officer) Print Corporate Officer Name - -. --- — ------------ * .................... Signature Date U:ptlated Cnn .ct fttiormat on {Itt ordPi t�+ make sir our contact ltjtarrn�zeon �s cirrnt; Contact Name T" Telephone Number 2n__W�lm FAX plumber ............... ................._. . .......... !_Ua 1....1�4... ..... ........... _._._ .................................. _....... Email Address ............. .:........._- ___............. Ya �.....�. r.....���'10........... -- Address _ G'. Joanne MarkiewiC2, Project Manager, Procurement Services RECEIVE: N0.6148 04/0 Packet Page - 419 -iAr' CREC Naples 9/8/201514.13.1. CERTIFICATE OF LIABILITY INSURANCE D DATH(MMIDDIYYYY) 05/2112015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED. REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the polley(ies) must be endorsed. If SU ROGATION IS WAIVED,-subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER N NAMEACT June Hunter - Clarke PHONE FAX ',.(239) 542.0693___ E-MAIL jhc@premierinsurancecorp.com INSURER(Sl AFFORDING COVERAGE N NAIC u I SURE • American Slates Insurance � 19704 INSURED � C INSURER C: IhISORER D: INSURER E: INSURER F - — ncrwwry PIUIrIOCIN; 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 CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB p0L ICY EFF POLICY EXP LIMITS POLICY NUMBER YY, X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S1,000,000 A CLAIMS-MADE V7 OCCUR DAMAGE TO RENTED $200,000 01 -CI. 803179.10 0412312015 04/23/2016 MEDExP An one erson $10,000 PERSONAL R ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 62,000,0 0 X POLICY ❑ PRO. El LOC PRODUCTS - COMP/OP AGG s2,000,000 i AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO BODILY INJURY (Par person) s ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S HIRED AUTOS AUTOS PROPERTY DAMAGE $ S X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $3,000.000 A EXCESS LIAR ctwMS•MAOE 01 -SU= 433371 -10 0412312015 04/23/2016 AGGREGATE $ 3,000,000 DED I X I RETENnON $10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY I FR ANY PROPRIETORIPARTNER/tXECUTIVE 1! E.L.EACHACCIDENi $ OFFICER/MEMBEREXCLUDEDT NIA (Mandatory a unl E.L DISEASE - EA EMPLOYE S U yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: For any and all work performed on behalf of Collier County Collier County Board of County Commissioners is named as additional insured on the General Liability as required by written contract per form CG8674 (12107). COLLIER COUNTY BOARD OF COMMISSIONERS 3327 TAMIAMI TRAIL E NAPLES, FL 34112 Phone. (239)252 -8839 Fax: (239)252.8048 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. / <JI1> h v , 000-Av IN nwruw UUrcrurw I wN. All rights reserved. ACORD 25 {2014101) The ACORD name and logo are registered marks of ACORD Packet Page -420- COLLIER COUNTY BOARD OF COMMISSIONERS 3327 TAMIAMI TRAIL E NAPLES, FL 34112 Phone. (239)252 -8839 Fax: (239)252.8048 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. / <JI1> h v , 000-Av IN nwruw UUrcrurw I wN. All rights reserved. ACORD 25 {2014101) The ACORD name and logo are registered marks of ACORD Packet Page -420- 9/8/201514.B.1. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 13 -6099 Commercial and Residential Real Estate and Property Management Joanne Markiewicz, Interim Purchasing Director 239 - 252 -8975 (Telephone) 239 - 252 -6480 (Fax) joannemarkiewicz @colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Wojd format. Any alterations to this document . made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. PtrJmir9 Dom? • 3377 Tarriami Trail East - Nam, FAirida 341124901 rtrsr mC�rgov.ne�r�aa ng Packet Page -421- -- -. 9/8/2015 143.1. Table of Contents LEGALNOTICE .............................................................................................................. ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ......................... ............................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS .................................................................... ............................... 16 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ................. ............................... 20 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP ....................................... ............................... 24 ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ........................................... ............................... 32 ATTACHMENT 2: VENDOR CHECK LIST ........................................................................ ............................... 33 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT .................................................... ............................... 34 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ................................................ ............................... 35 ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ................. ............................... 37 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION ........................................ ............................... 38 ATTACHMENT 7: VENDOR SUBSTITUTE W — 9 ............................................................. ............................... 39 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS .................................... ............................... 40 13 -6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATemplate_0101 /2013 2 Packet Page 7422- 9/8/2015 14.9.1. Legal Notice Sealed Proposals to provide real estate and property management services will be received until 12 Noon Naples local time, on May 16, 2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 13 -6099 Commercial and Residential Real Estate and Property Management Services to be provided may include, but not be limited to the following: the review of the Airport management, organizational, fiscal (including the debt service), operational and service structures and provide recommendations as described in the Scope of Work. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.collierciov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.coiliergov.net/purchasing and in the Lobby of Purchasing Building "G ", Collier County Government Center on 4/24/13. Pad'a Rg Deparrrent• 331)1 TanaamiTrail East - Nantes, Florida 34112 - vnrrr cdhergov,neVp=hasing 13 -6099 Commercial and Residential Real Estate and Property Management R FP_Non_CCNATemplate_0101 /2013 Packet Page -423- 9/8/2015 14.6.1. Exhibit l: Scope of Work, Specifications and Response Format As requested by the Collier County Board of Commissioners, the Purchasing Department has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The County is interested in receiving proposals from residential and commercial (including industrial) real estate and property management firms to assist the county with the purchase, sale, lease and management of the county's significant real estate holdings. Background Collier County (County) covers a large area of Southwest Florida and is accessible from the East (Miami) and the North (Tampa) via Interstate 75. A non - charter county, Collier encompasses three (3) municipalities: Naples, Marco Island, and Everglades City. A seaside paradise tucked into Southwest Florida's gulf coast, with a total area of 2,305 square miles, makes Collier County the largest county in Florida. With such a large economic market and featuring one of the best business climates in the nation, it provides opportunities for unparalleled growth to new and expanding businesses, and premier real estate. s With its geographic location, diverse demographics, affluent tourism, international trade, efficient education and transportation systems and strong industrial workforce, Collier County is a premier business destination in Florida. Detailed Scope of Work The County has "shelf' contracts with professionals in a variety of fields such as engineering and appraisal services, where staff has the ability to call upon these professionals to assist with projects when the county's in -house professionals need assistance. This arrangement allows the county to deal with variable demands on its staff without the need to hire additional FTEs. The professionals are called upon only when needed. Further, hiring real estate professionals allows the county to have the benefit of broader market exposure which will result in more competitive pricing in all real estate transactions. At their April 26, 2013, meeting (Agenda Item 10 G) the Board authorized the issuance of a Request for Proposals for real estate and property management discipline / service areas to provide: 1. Marketing & disposition of County -owned assets in accordance with applicable Florida Statutes, including, but not limited to Chapter 125, Florida Statute. 13 -6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATemplate_0101 /2013 Packet Page -424- 9/8/2015 14.6.1. 2. Identify, negotiate and acquire lands and/or buildings for specific County purposes in accordance with applicable Florida Statutes and local governing Ordinances, including, but not limited to 3. Identify, negotiate and lease lands and /or buildings for specific County purposes in accordance with applicable Florida Statutes, including, but not limited to Chapter 125, Florida Statute. 4. Oversight & management of County -owned assets ensuring compliance with all State, Federal and local laws and ordinances. Nothing shall preclude the county from contracting with other real estate brokerage /management firms should the need arise, i.e., need for specialized knowledge as to a specific project. If travel expenses are incurred as a result of the completion of the Scope of Service, the County will pay those travel and meal per diem expenses according to Section 112.061 Florida Statutes. Reimbursable items other than travel expenses shall be limited to the following: telephone long - distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. Reimbursements shall be at the following rates: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard -size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Term of Contract The contract term, if an award(s) is /are made shall be for two (2) years with two (2) possible one (1) year renewal periods. Fees /prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 Packet Page -425- - - = 9/8/2015 14.6.1. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice Aril 24, 2013 Last Date for Receipt of Written Questions 512/13, 12 Noon, Naples Local Time Addendum Issued Resulting from Written Questions (if needed 5/6/13 Solicitation Deadline Date and Time 5/16/13, 12 Noon, Naples Local Time Anticipated Board of County Commissioner's Contract Approval Date June 2013 Anticipated Completion of Contract Negotiations June - July 2013 Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non - responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Management Summary and Project Understanding In a maximum of two (2) pages provide: • A cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of providing the services stated herein; 13 -6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATem plate_010112013 Packet Page -426- 9/8/2015 14.6.1. • A brief overview of the company's goals and objectives of the project and how the firm will accomplish the scope of work; • Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal; and • List all proposed qualified professionals who may participate on the team. • Select the disciplines /fields /specialties that the firm is proposing on: 1. Commercial Real Estate (Insert yes if interested in su plying these services) 2. Residential Real Estate (Insert yes if interested in supplying these services 3. Property Management Services (Insert yes if interested in supplying these services 2. Tab 2, Firm's Experience (20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Commercial Real Estate Submittals Only 1. Indicate the number of years the proposer has been in commercial real estate business. ' number of ears 2. Provide the total number of licensed agents in the firm. (number of licensed agents) • Provide brief resumes / overview of staff members who may be assigned to this contract. 3. IProvide the total number of specialized "buyer — brokers" or "buyers- agents" in the firm. kifuiuuci vi specialized agents) • Provide brief resumes / overview of staff members who may be assigned to this contract. • Provide a listing contract with the minimum number of days for the property listing. • Provide sample purchase and sale contracts. TOTAL Add items 1 —'3 to determine the proposer's Experience. TOTAL 13 -6099 Commercial and Residential Real Estate and Property Management R FP_N on_CC NATem plate_0101 /2013 7 Packet Page -427- 9/8/2015 14.B.1. Residential Real Estate Submittals Only 1. Indicate the number of years the proposer has been in residential real estate business. (number of ears 2. Provide the total number of licensed agents in the firm. (number of licensed agents) • Provide brief resumes / overview of staff members who may be assigned to this contract. 3. Provide the total number of specialized "buyer — brokers" or "buyers- agents" in the firm. (number of specialized agents) • Provide brief resumes / overview of staff members who may be assigned to this contract. • Provide a listing contract with the minimum number of days for the property listing. • Provide sample purchase and sale contracts. TOTAL Add items t — 3 to determine the proposers Experience. TOTAL Property Management Submittals Only Int�ex Property Managemenf Experience:Information'` Response 1. Indicate the number of years the proposer has been in property management business. (number of years) 2. Provide the total number of clients served by the firm in the past five (5) years from January 1, (number of clients 2008 through December 31, 2012. served 3. Provide the total number of certified / licensed staff members in the firm. (number of licensed agents) • Provide brief resumes / overview of staff members who may be assigned to this contract. • Provide sample management contract. TOTAL Add items 1 — 3 to determine the proposer's Experience. TOTAL The consultant/vendor /proposer may supplement information regarding this criterion; however, the County will use the following methodology to score proposals. By discipline /service area and prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATem plate_0101 /2013 8 Packet Page -428- 9/8/2015 14.6.1. The County shall total the proposer's Minimum Qualifications and create a ranking from highest number to lowest number. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the highest score. • The next highest proposer's number of points will be divided by the highest proposer's points which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a "whole" number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. =Proposer "Name PropQuoser Total Minimum Points Awarded 1. alification Score Vendor ABC 445 20 Vendor DEF 435 20 Vendor GHI 425 19 VendorJKL 385 17 Vendor MNO 385 17 Vendor PQR 250 11 The points awarded by proposer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the proposer's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per proposer. The Selection Committee Members may, at their sole discretion, modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3. Tab 3, Firm's Fiscal Stability and Florida Real Estate Commission Compliance (20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. .;Index Fiscal Stability Infor'maM ion °' ' "Response 1. Provide the primary proposer's Dun and Bradstreet Composite Credit Appraisal rating.. . • Provide a copy of the Dun and Bradstreet report for primary proposer and all companies affiliated with (number) the resultant proposal. 2. Indicate the number of times the proposer or their principals have filed for bankruptcy during the past five year (January 1, 2008 - December 31, 2012). (number) 3. Provide the average number of days the firm pays its accounts payable transactions. (average number of days) 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 Packet Page -429- 9/8/2015 143.1. 4. Provide the number of external audit "management Response 1. comments / letters" received during the past five year (January 1, 2008- December 31, 2012). (number) • Provide a copy of all management comments / letters during that period. (Percent expressed as ,x) 5. Indicate the number of complaints, notices of non- compliance, or citations from the Florida Real Estate Commission. TOTAL Add item- s 1 — 5 to determine`the proposer's Fiscal Stability. (TOTAL) The consultant /vendor /proposer may supplement information -regarding this criterion; however, the County will use the following methodology to score proposals. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total the proposer's Fiscal Stability and create a ranking from lowest total to highest total. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest score. • The highest proposer's number of points will be divided by the next highest proposer's points which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a "whole" number (per Microsoft Excel). 4. Tab 4, Fees / Costs (20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Commercial Real Estate Submittals Only Index` Cost/Fee' Information, Response 1. Provide the commercial real estate fee percentage applied to all real estate transactions. • Provide resumes of the individuals who will be assigned to complete this scope of service. (Percent expressed as ,x) Residential Real Estate Submittals Only Index! Cost/Feeanformation L' ,. Response 1. Provide the residential real estate fee percentage applied to all real estate transactions. 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_010112013 10 Packet Page -430- 9/8/2015 14.B.1. (Percent • Provide resumes of the individuals who will be expressed as assigned to complete this scope of service. xx) Property Management Submittals Only By discipline /service area and prior to the Selection Committee reviewing proposals the following methodology will be applied to each vendor's information provided in this area: • The County shall total the proposer's Costs and create a ranking from lowest dollar to highest dollar. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest dollar. • The highest proposer's number of dollars will be divided by the next highest proposer's dollars which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a "whole" number (per Microsoft Excel). • See example below of scoring method. Pro oser:Name dl§ F_ee, Information, '„ ..: ..... , ;> I espanse 1. Provide the property management hourly rate. 20 Vendor DEF 12,000 4 Vendor GHI • Provide resumes of the individuals who will be assigned to complete this scope of service, (Hourly rate) By discipline /service area and prior to the Selection Committee reviewing proposals the following methodology will be applied to each vendor's information provided in this area: • The County shall total the proposer's Costs and create a ranking from lowest dollar to highest dollar. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest dollar. • The highest proposer's number of dollars will be divided by the next highest proposer's dollars which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a "whole" number (per Microsoft Excel). • See example below of scoring method. Pro oser:Name Proposer Total :Cost Points Awarded Vendor ABC $2,500 20 Vendor DEF 12,000 4 Vendor GHI 15,500 3 Vendor JKL 15,500 3 Vendor MNO 20,000 3 Vendor PQR 102,000 0 5. Tab 5, Service Information (20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Commercial Real Estate Submittals Only Index ---.4 M.Serwce ! nformation i ., Res" onse t 1. Provide the total number of commercial properties listed in Collier County from January 1, 2008 through December 31, 2012. (Total number of properties 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 11 Packet Page -431- 2. Provide the total number of commercial properties sold /rented /closed in Collier County from January 1, 2008 through December 31, 2012. Residential Real Estate Submittals Onlv 1. Provide the total number of residential properties listed in Collier County from January 1, 2008 through December 31, 2012. 2. Provide the total number of residential properties sold /rented /closed in Collier County from January 1, 2008 through December 31, 2012. Property Management Submittals Only 9/8/2015 14.B.1. liste (Total number of properties sold / rented) (Total number of properties. (Total number of properties sold / rented) 1. Provide the total number of contracts in place for property managed in Collier County from January 1, (Total number 2008 through December 31, 2012. of properties listed) 2. Provide the total number of recurring contracts that the firm has retained. (i.e. the initial contract expired and the firm was rehired for another contract period) (Total number of recurring contracts) By discipline /service area and prior to the Selection Committee reviewing proposals the following methodology will be applied to each vendor's information provided in this area: 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATem plate_010112013 12 Packet Page -432- 9/8/2015 14.6.1. • The County shall total the proposer's Preliminary Cost Assessment and create a ranking from lowest dollar to highest dollar. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest number of days. • The highest proposer's number of dollars will be divided by the next highest proposer's dollars which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a "whole" number (per Microsoft Excel). 6. Tab 6, References (10 Points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal, as described below. The County will only use the methodology calculations for the first five (5)references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five (5) reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to a "whole" number (per Microsoft Excel). The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and /or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 13 -6099 Commercial and Residential Real Estate and Property Management R FP_Non_CCNATemplate_0101 /2013 13 Packet Page -433- cow county Ado;rgst s !)Msl«r PuRh2" 9/8/2015143.1. Reference Questionnaire Solicitation: 13 -6099 Commercial and Residential Real Estate and Property Management Reference Questionnaire for: (Name of Company Requesting Reference Information) Name of Individuals Requesting Reference Information Evaluator completing reference questionnaire: Evaluator's Company completing reference: Email FAX Telephone: _ Collier County is requesting reference information on firms or their key personnel to be used in the selection of a firm to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Name of Project Completed by Firm: Project Description Score 1 Project Start Date (from Notice to Proceed) Project End Date (2 weeks past implementation) Total Number of Days (over Schedule) Item Criteria Score 1 Ability to manage the project costs minimize change orders to scope), 2 Ability to maintain project schedule complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc. 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow agency's olicies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 14 Packet Page -434- 9/8/2015 14.B.1. 7. Tab 7, Local Vendor Preference (10 Points) and Other Information to Submit Complete the following information as requested and return all completed materials below. • Attachment 5: Local Vendor Preference: Firms who do not provide the completed Attachment 5: Local Vendor Preference at the time of submittal shall receive zero (0) points for this criterion. • Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and /or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination. shall be at the sole discretion of the County and Selection Committee. • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W -9 • Attachment 8: Insurance and Bonding Requirements 13 -6099 Commercial and Residential Real Estate and Property Management RF P_Non_CCNATemplate_0101 /2013 IN Packet Page -435- - -- -- _ 7. 9/8/2015 14.B.1. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre - Proposal Conference The purpose of the pre - proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre - proposal conference for this solicitation. If this pre - proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any.ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 12 Noon, Naples local time, on or before May 16, 2013: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Joanne Markiewicz, Interim Purchasing Director - 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 16 Packet Page -436- 9/8/2015 14.B.1. The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and /or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Purchasing /General Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and six (6) electronic media (CD's /DVD's /lump drives) with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number 2006 -268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Professional will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Professional shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members will review each Proposal individually and score each proposal. based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Professional will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 17 Packet Page -437- 9/8/2015 14.B.1. the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top- ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The Selection Committee's final ranking will be presented to the Board of County Commissioners. The County Commissioners shall determine the final awardees of the three services: commercial real estate, residential real estate and property management firms to be awarded a contract. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and /or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Firm's Experience Tab III, Firm's Fiscal Stability Tab IV, Fees / Costs Tab V, Service Information Tab VI, References Local Vendor Preference TOTAL 20 20 20 20 10 10 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there.is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re- solicit for proposals, if desired, and upon recommendation and justification by 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 18 Packet Page -438- 9/8/201514.6.1. Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. in the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re- advertise using the same or revised documentation, at its sole discretion. 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATem plate_0101 /2013 19 Packet Page -439- 9/8/201514.6.1. Exhibit 111: Collier County Purchase Order Terms and Conditions 1. Offer and to comply. with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and /or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the, full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and /or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and /or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and /or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full .defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and /or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non - conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates 13 -6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATemplate_0101 /2013 20 Packet Page -440- 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien,'encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production 9/8/2015 14.6.1. and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a)• 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 21 Packet Page -441- If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause - 9/8/2015 14.B.1. beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to ' cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 22 Packet Page -442- b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be 9/8/201514.6.1. associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any . Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 23 Packet Page -443- 9/8/2015 14.6.1. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified.in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 24 Packet Page -444- 9/8/2015 14. B.1. notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and /or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work. S. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities /project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts /agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and /or service agreements or other documents provided by the Vendor. 13 -6099 Commercial and Residential Real Estate and Property Management . RFP Non_CCNATemplate_0101 /2013 25 Packet Page -445- _ : -- 9/8/2015 14. B.1. 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a-)collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and /or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 13 -6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATemplate_0101 /2013 26 Packet Page -446- 9/8/2015 14. B.1. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This provision is non - negotiable by any department and /or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non - responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252- 2477. 10. Principals /Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is /are named therein and that no person 13 -6099 Commercial and Residential Real Estate and Property Management R FP_Non_CCNATemplate_0101 /2013 27 Packet Page -447- 9/8/2015 14.B.1. other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction,-luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may sere as grounds for disqualification for award of this contract to the firm. 14. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1601) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org /search.htmi) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 15. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non - responsive and rejected from further consideration. 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CC NATemplate_0101 /2013 28 Packet Page -448- 9/8/2015 14.B.1. 16. Survivability Bids (ITBs /RFPs): The Consultant/ContractorNendor agrees that any Work Order /Purchase Order that extends beyond the expiration date of Solicitation 13 -6099 Commercial and Residential Real Estate and Property Management resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order /Purchase Order. 17. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director, 18. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 19. Security and Background Checks If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 20. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review 13 -6099 Commercial and Residential Real Estate and Property Management R FP_N on_CCNATemplate_0101 /2013 29 Packet Page -449- 9/8/2015 143.1. and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 21. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 22. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder /Vendor does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. . For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs..qov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award 13 -6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_0101 /2013 4 Packet Page -450- 9/8/2015 14. B.1. agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 23. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 13 -6099 Commercial and Residential Real Estate and Properly Management RFP_Non_CCNATemplate_0101 /2013 31 Packet Page -451- 9/8/2015 14.8.1. co MY county Adr inis5-ative SerAoes Division Purchasing Attachment 1: Vendor's Non - Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 13 -6099 Commercial and Residential Real Estate and Property Management for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 13 -6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATemplate_0101 /2013 32 Packet Page -452- _9/8/2015 14.6.1. Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Joanne Markiewicz, Interim Purchasing Director ❑ The mailing envelope must be sealed and marked with Solicitation 13 -6099 Commercial and Residential Real Estate and Property Management and May 16, 2013, 12 Noon, Naples Local Time. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 33 Packet Page -453- 9/8/2015 14. B.1. Caer C iv ty Administrative Seroioes Division Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this 20 by identification Notary Public My Commission Expires day of , who is personally known to me to be the for the Firm, OR who produced the following 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 34 Packet Page -454- 9/8/2015 14.B.1. •. , :, - . -tit .. -.. Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 13 -6099 Commercial and Residential Real Estate and Property Management Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 13 -6099 Commercial and Residential Real Estate and Property Management. (Proposal Continued on Next Page) 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 35 Packet Page -455- 9/8/201514.B.1. 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATem plate_0101 /2013 36 Packet Page -456- PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 20 in the County of in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax identification Number CCR # or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATem plate_0101 /2013 36 Packet Page -456- N v 9/8/2015 14.6.1. Attachment 6: Affidavit for Claiming Status as a Local Business Solicitation: 13 -6099 Commercial and Residential Real Estate and Property Management (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Collier or Lee County Address: Signature: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Date: Title: Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of 120 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 13 -6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATemplate_0101 /2013 Packet Page -457- 37 - 9/8/2015 14.B.1. Coder County AdrdrdstraM sew Division Pursing Attachment 6: Immigration Affidavit Certification Solicitation: 13 -6099 Commercial and Residential Real Estate and Property Management This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program, may deem the Vendor/ Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of , 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 13 -6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATemplate_0101 /2013 38 Packet Page -458- 9/8/2015 14.6.1. Attachment 7: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to. your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address State Telephone FAX Order tnformatioi Address City FAX Email State Zip 2. Company Status (check only one) City Zip Email Remit / Payment Information Address City State FAX Email Zip _Individual /Sole Proprietor _Corporation Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, l certify that the information shown on this form is correct to my knowledge.. Signature Date Title Phone Number 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101 /2013 39 Packet Page -459- - _ - - _ - -- 9/8/2015 14.6.1. co y Adrrinistradve SeMoes Division purchasing Attachment 8: Insurance and Bonding Requirements Insurance / Bond Type 'Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability 3. ® Commercial General Liability (Occurrence Form) patterned after the current ISO form $500,000 single limit per occurrence Bodily Injury and Property Damage $1,000000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $ 1,000,000 Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate Packet Page -460- 9/8/2015 14. B.1. ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name Date Telephone Number 13 -6099 Commercial and Residential Real Estate and Property Management RFP_Non_CC NATemplate_0101 /2013 Packet Page -461- M Cafer Comity Administrative Services Division Purchning Date: 5/3/13 9/8/2015 14.6.1. Email: joannemarkiewicz @colliergov.net Telephone: (239) 252 -8975 FAX: (239) 252 -8340 Addendum 1 From: Joanne Markiewicz, Interim Purchasing Director To: Interested Suppliers Subject: 13 -6099 Commercial and Residential Real Estate and Property Management The following clarification is made to the above mentioned Collier County solicitation: 1. Page 3: Bold and underlined language added; strikethrough language modified: Services to be provided may include: residential and commercial (including industrial) real estate and property management firms to assist the county with the purchase, sale, lease and management of the county's significant real estate holdings. 2. Page 18, Item 7: Bold and underlined language added; strikethrough language modified: The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top- ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final staff recommendation will be decided based on review of scores and consensus of the committee. The Selection Committee's final ranking will be presented to the Board of County Commissioners. The County Commissioners shall determine -the final awardees of the three services: commercial /industrial real estate, residential real estate and property management firms to be awarded a contract. 3. Please describe the County's real estate portfolio? Answer: Please refer to the question, and response at the Online Bidding System. Packet Page -462- 9/8/2015 14.B.1. Addendum 1 13 -6099 Commercial and Residential Real Estate and Property Management Page 2 4. Please provide more detail on the expected scope of work for the Airport? Please provide more information the airport itself and any "gaps? Answer: The Board of County Commissioners has recently issued a solicitation for consulting services for an Airport Management Consultant; the recommendation for an award will be taken before the Commissioner in late May 2013. More specific information on the airport may be found at http: / /www.colliergov.net/index.aspx ?page =20. 5. Please further describe the residential real estate uses and needs? Answer: The County attempts to acquire easements via donations. In the event the County is unsuccessful, the County acquires fee and easement interests for above ground and below ground infrastructure for parks, public utilities, roads, libraries, Conservation Collier, EMS, Solid Waste, Beach renourishment, Tax Collector, Property Appraiser, etc. 6. Please describe the real estate transactions (acquisition & disposition) which took place during 2012 and 2013 to date. Answer: In fiscal year 2012, the County's Real Estate and Property Management office acquired 52 property interests (fee and easement) valued in excess of $548,398 (paid $307,853 in compensation) as follows: • Three (3) for Parks & Recreation including Bollt canals /reservoir, Ann Olesky Park and Bluebill sewer from CC to CCWSD; • Thirty six (36) for Public Utilities including reclaimed water, master pump stations, sewer lines, groundwater monitoring, future well field ; • Thirteen (13) properties classified as Other: Temporary Construction Easements and Rights -of -Entry for Hammerheads and Designated Driveways, easements and Bills of Sale between Collier County & Collier County Water & Sewer District, fee land purchase for Immokalee CRA. In fiscal year 2012, the County's Real Estate and Property Management processed fifty -nine (59) sales & easements that consisted of the following: sold NSP properties, processed FPL & LCEC easements, easements between Collier County & Collier County Water & Sewer District. Fiscal year 2013 to data, there have been nineteen (19) transactions. Packet Page -463- -- -� - - = = - 9/8/2015 14.6.1. Addendum 1 13 -6099 Commercial and Residential Real Estate and Property Management Page 3 7. Does the County's overall strategy include using real estate as a revenue - raising (i.e., sale - leasebacks). Answer: In the past, the County has sold surplus properties that were no longer needed for County projects. The sales process is governed by Florida Statutes. 8. Is a partnership comprising the real estate vendor acceptable (Le.,. two firms joining together for his account work)? Answer: In this solicitation, there is nothing that precludes two firms from 'Jointly" establishing a relationship as long as that relationship is well documented and acknowledged by both companies in the proposal. 9. Does the County consider overall asset performance in the evaluation of vendors? IE - Energy performance / quality of preventive maintenance / quality of facility safety programs? Answer: Evaluation criteria (and points) for this solicitation is identified on pages 7 -15. There is nothing that precludes a proposer from identifying this information to assist the Selection Committee members with the overall evaluation of the proposer. 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