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Agenda 01/14/2014 Item # 16B4 1/14/2014 16.B.4. 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, F.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. Page 3 of 9 C,q Packet Page -857- - -- of 1/14/2014 16.B.4. 12. INSURANCE. The Consultant shall provide insurance as follows: 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 Requirements: 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/Contractors 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 Page 4 of 9 Packet Page -858- ,.c �( I 1/14/2014 16.B.4. claimed breach of this Agreement by Consultant, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the 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 Page 5 of 9 Packet Page-859- �_ _ 6 of �__. 1/14/2014 16.B.4. 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. 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 at 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 9 Packet Page -860- v c LIP 1/14/2014 16.B.4. 25. KEY PERSONNEL/CONTRACT 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 7 of 9 Packet Page-861- _. 7- 0C �1 1/14/2014 16.B.4. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: , OTbNTY,FLORIDA Dwight E Brck;Clerk of Courts 1 ()1+, 1 ; : -,,.: to: 0.- -"--i\--15K-* By: ` 'r Dat •: -4-- t. i 3 Georgia W. Hiller, Esq.,Chairwoman (SEAL) ."•(SEAL), s;', ,o Ccr.cirii}a( s signatu',t O'iUY`•/ Premiere Plus Realty Company isaili r By: (a Qdeati4 Fir kitness J� Signature J-Pt yr. l 2)U '4 Z:KUM ff. (�,4aI '• 1'Type/prin witness nameT TType/print signature and titleT Secon a ttness C itl- ii � 1'Type/print witness namet Approved as to Form and Legality: a Assistant County orney Print Name Page 8 of 9 Packet Page-862- ` c 0 1: f 1/14/2014 16.B.4. EXHIBIT A Fee Schedule 13-6099 Residential Real Estate Consultants Real Estate Fee 1. Residential-real estate fee percentage applied to all real estate transactions 6% Page9of9 • Packet Page-863- (� C, 1 Off. t 1/14/2014 16.8.4. APPRAISAL OF 17.89 ACRES OFVACANT MIXED USE LAND BAYSHORE DRIVE NORTH OF JEEPERS DRIVE 4265&4315 BAYSHORE DRIVE NAPLES,COLLIER COUNTY,FLORIDA PREPARED FOR: JEAN JOURDAN, INTERIM DIRECTOR BAYSHORE GA"1'EWAY TRIANGLE CRA 4069 BAYSHORE DRIVE NAPLES,FL 34112 REQUESTED BY: JEAN JOURDAN, INTERIM DIRECTOR DATE OF APPRAISAL: APRIL 23,2013 PROJECT NUMBER:2013-03 PREPARED BY: KENNETH R. DEVOS,MAI, SRA 303 DONORA BOULEVARD FORT MYERS BEACH,FLORIDA 33931 Packet Page-864- 1a c 3 1/14/2014 16.B.4. KENNETH R. DEVOS, MAI, SRA State-Certified General Real Estate Appraiser#703 303 Donora Boulevard Fort Myers Beach,Florida 33931 (239)463-0074 FAX(239)244-3398 May 10,2013 Jean Jourdan,Interim Director Bayshore Gateway Triangle CRA 4069 Bayshore Drive Naples,Fl 34112 Re: Appraisal of 17.89 Acres of Vacant Land Bayshore Gateway CRA Bayshore Drive at Jeepers Drive Naples,Collier County,Florida PO#4500143171 Dear Ms.Jourdan: In accordance with your request,I have made an appraisal of the above captioned property for the purpose of estimating the"Market Value" of the fee simple interest in the property as described within the report. By Market Value is meant the most probable price in terms of money that a property should bring in a competitive and open market under all conditions requisite to a fair market sale;the buyer and seller,each acting prudently,knowledgeably and assuming the price is not affected by undue stimulus. This property is valued based upon its use as a vacant mixed use (residential and commercial)tract. The function of this report is to serve in part as the basis for the sale of the property.The intended user is Bayshore Gateway Triangle CRA.This is a Complete Appraisal in Summary Format. The date of the value estimate is April 23, 2013 which was the date of final property inspection. I have thoroughly analyzed the physical, sociological, economic, and governmental factors which influence the property's value. Based on my investigation and analyses, it is my opinion that the market value of the fee simple interests of the subject property was: THREE MILLION DOLLARS ($3,000,000) The following pages present the data and discussions which form the basis for our value conclusions. REAL ESTATE APPRAISERS&CONSULTANTS Packet Page -865- 2 0 1/14/2014 16.B.4. LETTER OF TRANSMITTAL PAGE TWO Information and statements furnished to the appraisers and contained in this report were obtained from sources considered to be reliable and believed to be true and correct. However,no responsibility for the accuracy of such items furnished the appraiser can be assumed by the appraiser. Disclosure of the contents of this report is governed by the By-Laws and Regulations of the professional appraisal organizations with which the appraiser is affiliated. Neither all nor any part of the contents of this report or copies thereof shall be used for any purpose by anyone but the client specified in this report. To the best of my ability,the analysis, opinions and conclusions were developed and the report was prepared in accordance with the standards and report writing requirements of the Appraisal Institute and USPAP. This appraisal is also subject to the underlying assumptions and contingent conditions contained in the attached report. I appreciate this opportunity to have been of service to you. If you have any questions with regard to this matter,please let me know. Respectfully submitted, • Kenneth R. Devos,MAI,SRA State-Certified General Real Estate Appraiser #703 REAL ESTATE APPRAISERS&CONSULTANTS Packet Page -866- 3 © �f 3