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Backup Documents 04/23/2019 Item #16A 1 (Vendor #6 - Anderson & Carr) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOluawa6eueW Ns1l THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to girtc.9uAtuA is r, y Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in thellididapAit 14,• Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP n n n zaComplete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docum q:+' `.! ..•" the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management /Z� 2. County Attorney Office County Attorney Office Q 4. BCC Office Board of County 9 Commissioners \AVS/ Sk\k'CN 4. Minutes and Records Clerk of Court's Office Sl t 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHASING Contact Information 239-252-8950 Contact/ Department Agenda Date Item was APRIL 23,2019 / Agenda Item Number 16.A.1. Approved by the BCC �/ l Type of Document CONTRACT Number of Original 2 j Attached Documents Attached (/ PO number or account N/A 18-7482 Vendor# 6 number if document is (8 VENDORS IN Anderson to be recorded TAL) ' Carr, Inc. INSTRUCTIONS & CHEC ST Initial the Yes column or mark"N/A"in the Not Applicab o u ,whiche er is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency fbr additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Ade'-ss;Phone)on ary attached sheet. 3. Original document has been signed/initialed for legal. ffrciency. (A documents to be AR signed by the Chairman,with the exception of most -tt- s,must reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have be, initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman . d the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 04/23/2019 and all changes made during A Is not the meeting have been incorporated in the attached document. The County option for Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the k, `\w Chairman's signature. '� , 16A1 MEMORANDUM Date: May 1, 2019 To: Ana Reynoso, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Contract #18-7482 "Real Estate Appraisal and Consulting Services" Contractor: Anderson & Carr, Inc. Attached for your records is an original of the referenced document above, (Item #16A1) adopted by the Board of County Commissioners on Tuesday, April 23, 2019. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 16A1 PROFESSIONAL SERVICE AGREEMENT # 18-7482 for Real Estate Appraisal and Consulting Services THIS AGREEMENT, made and entered into on this a3ay of F'` ' '�'L 2019 , by and between Anderson & Carr, Inc. authorized to do business in the State of Florida, whose business address is 521 South Olive Avenue, West Palm Beach, Florida 33401 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be for a three (3 ) year period, commencing ■ upon the date of Board approvalfl-or on and terminating three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 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 and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a !•1 Purchase Order I I Is. e-te-meed (l Werk -Order. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions • Request for Proposal (RFP) tnvitatiee---to Bid (IT-} Othef ( ) # 18-7482 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 1E1 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 14 Professional Service Agreement#2019-011 16A1 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 . The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. 3-4 I The eeed r-e-f -etta leF - _ 8tef Exhibit/Attachment: E -_ - -. - gyp_ - - .- -- :: elf-- erapdeettieR;eellee':.,._... •:_•:..- .. :.,....-.�. •,,. .- - -_... ._.. ..,te-ee pfefie +;-af d-t-he RFiee"i'4e.the+".: :..:.. .-.: •_ A,. . 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): • Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑ T-im-and-Mete ats+-T-- _:.. . -.:_ -- the-c--eet a r-for-the-ameunt-eef-FFaber --. . ' - - .. _ _ _-.:_.. .- _ _- e€-1 Fs-times--he- • - _ , Y.: .,_ .,_ - -: .. - .:.•set Eeeet-e# : ' -.. _ --- - - -- •. - •. k is chef�asei l :eeted t-he se eoRtfaets-+n6 .- .., : .: ...-- at:. : -: ; d eget eeefde- aeter-iat-er-egt pfeg y• - ,..: : .- _-• -. } for the project. Page 2 of 14 Professional Service Agreement#2019-011 16A1 - _ r-m-total-€►axed-pie-Eisive-af-atl-costs; including—labs .._. - •- -:-•:..-- : - -: - -., - delivered--0.e. in-itallatiea--price-per-te el+very- ice-per-pa age-er---earton or--east verification), 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 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 the Agreement. 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. 4-4 I-1 -avell-andd-Reimbursabte Expenses:—Tray le Expenses reimia,esed-es-pe - •-- •_ Reimbursements-shall be...at-the following rates: Mileage er-mile Breakfast $6•-89 hunch $4-1-99 Dinner $4-9-89 Aif€are Aet al-tic-k- -= -: _ ,. • coach-class-fare Rental car : •--•s-., ,_: �. standard-C.'-sizes :eh'icl'C Ledgifvg Asthal cost of lodging at ale Parking Actual-Best-o p'arking T-ax+--er Airport-Limousine Actual--cost of either taxi--or air-pert limousine 'Rce'imbtreab4e-I•tems•-ether-•-tl a'n4ravel'e"xpense h l-1 b i ted • .-rr.��.�sSJ'rri 'n'�Cs'�`YY9"P'ti' L -- :. 9 - -3.-... ..,:.- long-distance charges, fax chargee,--phetoe-op4ing-el af:- .-: :: .:- -•_,-,- :_- items-will—be--paid only after Coftfaeter--bas-p - .s-, _ __ :- _ - ti - - - -- - --. _- -- _ ao+tatlor�s -.s...-.e -.- __. __2-this-Agreement, 5. SALES TAX. Contractor 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. Collier County, Florida as a political subdivision of the State of Florida, is Page3of14 Professional Service Agreement#2019-011 16A1 exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Anderson & Carr, Inc. Address: 521 South Olive Avenue West Palm Beach, Florida 33401 Authorized Agent: Robert B. Banting, President Attention Name & Title: Telephone: (561) 883-1661 E-Mail(s): Rbanting@andersoncarr.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Jay Ahmad Division Name: GMD- Transportation Engineering Division Address: 2885 S. Horseshoe Drive Naples, Florida 34104 Administrative Agent/PM: Harry Henderson Telephone: (239) 252-5847 E-Mail(s): Harry.Henderson@colliercountyfl.gov The Contractor 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. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor 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 Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. 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 Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor 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 Contractor agrees to comply with Page 4 of 14 Professional Service Agreement#2019-011 16A1 all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor 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 Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor 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 Contractor 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 Contractor 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 the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor 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 Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. n Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 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. B. • Bueiness Auto hiabitity4 Coverage s#af4 have minimumfi+ its of $ Per Occurrence, Combined Single Limit for Bodily Injury Liability and C. [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$ 1,000,000 for each accident. Page 5 of 14 Professional Service Agreement#2019-011 16A1 D. IU Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor 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 aggregate. & ❑ pef occurrence. $ per-eeeurr-eRee- ❑ - - - - - AM. . .. .. limits of$ per occurrence. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor 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 Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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 Contractor, 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 Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other Page 6 of 14 Professional Service Agreement#2019-011 16A1 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 Contractor, 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 Contractor. Contractor'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. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the GMD- Transportation Engineering Division 15. CONFLICT OF INTEREST. Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), (■I Exhibit A Scope of Services, n RFP/ I-T-Bin Other— #18-7482 , including Exhibits, Attachments and Addenda/Addendum, n subsequent quotes; and _ Othef € ibo-tiAttaehment. 17. APPLICABILITY. Sections corresponding to any checked box ( ■ will expressly apply to the terms of this Agreement. 18. 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. 19. 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, as amended, 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 Agreement held by the individual and/or firm for cause. Page 7 of 14 Professional Service Agreement#2019-011 CAO 16A1 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. Page 8 of 14 Professional Service Agreement#2019-011 16A1 If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor 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. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. 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. 23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 24. 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 Contractor 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 Contractor 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. 25. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 26. U JE-Y l-ERS IEL--T ae-Can-traatorls-personnel-end-management to-ka tifized-€er-th+s project shall be-k-r wl able--ire--their ,. - - _. - ,. to perform-ire ttga ieas-any-bei--d/�e�,erred--heoess yt nsure--that-oompet�a[�at�per-sayn�apa/ y�t�il4--b�aC ���I w. w..- .Y, w.,�..w�.�, .. e- .h - mow.-.. A..- y:.a... - -er....s-shaltJ..7'I..f�p'C.op l U V LAW eeaa y--to--oar-x�n pl ete--the--semis-e s-o --a--timely--bas-io end--eV ao a-- aemen-as igne shalt-be nt-e- e-ad - - u.ireeEl-sewicc dates. The Contractor �.�r...- •..e..y ,— —'w i y,..... ., �..,— .?v_.... .__y r r .... y rs,...... ,x.75-@, .._.. p.— —... Y�'ti t4 ount --i ified-,4n-w'ri tinag-ae : , - y y: _, , w s _ T Page 9 of 14 Professional Service Agreement#2019-011 CA0 16A1 coma er-eiall-y-4eason-ab - _ i $ttr +-wail -se - , - The Cc.- - -: : . _ . :crsonnel. ISI AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement 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 Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 27. ■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ORDEROF-R OE-I ENCE4G n-t Fu led ;"e-ewe -ef-ay-soafl g t eterms-orf-ani, -ef4hc Gon4tee eats ane e+--the untfs--Beaf-d-appfeve—Ex t e Stiffiffia-n. •, - _ A. - .donee over the- „s-of-a -o ther Omntract Doo"umeRtsexce- th" - „. _. _., - -mental ', ,.. - - - r - e, he-(.?.gfee.L21.-,.... .. .. -.. - -- .- • ..• ..-. - y y _ !.-.. --dl - beresolve44Pg-appI1eationOfthe S- _: -..- ,., : ' ., A __..-. - _ sha .- ',,,, '.-. -- •- - g.atie - _,. _ - _ --,___ 43o40414e-Gentf-actor a4 GO ty'-s-diseretien, 28. ASSIGNMENT. Contractor 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 Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division 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. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check Page 10 of 14 Professional Service Agreement#2019-011 16 Al is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. (Intentionally left blank-signature page to follow) Page 11 of 14 Professional Service Agreement#2019-011 CAO 16 A 1 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Crystal kinzel,/ciperk of Courts of the Circt,tit Court & Co *troller B By: C.dAll IW 0 ' , 1,4L, ° k ...n•wii;— - , : -it, Willi L. M D. - r. / , ir airman Dated " (SEAL) A,14tit as to Chairman's signature only, Contractor's Witnesses: Anderson & Carr, Inc. Contractor .... -----------_ '4111" -----_-"IIIIIIIIIMIIII - < 3 - Contrattor's First Witness Wilature ,,,, ,/ ./101--7 ( At,///e7P* 4,7 1 L ,476 %\Q --u.X\ c•IR-K,N-- ifypeibrint signature anctieT TType/print wi ess nameT 'I?, Contractor's Se •nd Witness IStatae. • Pj(-t(--t, TTypeiprint witness nameT Ap roydir to FT and Legality: ....., L i1 b4-f lj County Attorney . —1:841U*-c,, it le Z L f,c:arlda 4/33 i Print Name Date t9 , Date s-- ki ecd 1 I 1.),74...4 Cierk 21 Page 12 of 14 Professional Service Agreement#2019-01I 4 et 16A1 Exhibit A Scope of Services III following this page (pages 1 through 1) this exhibit is not applicable Page 13 of 14 Professional Service Agreement#2019-011 16 Al 18-7482 "Real Estate Appraisal and Consulting Services" SCOPE OF SERVICES Collier County has ongoing land acquisition efforts for road projects,utility projects,Conservation Collier land preservation efforts and other governmental needs. One of the most important components of these efforts involves appraisals and appraisal related activities. As such, the County established a pool of qualified appraisers who can provide a diverse level of services. Services shall include,but not limited to; • valuation of residential and commercial properties • partial acquisitions • condemnation appraisals • cost estimates, and • expert witness testimony These appraisers will be available to submit quotes on a not-to-exceed lump-sum basis. Quotes will be requested from the pool of appraisers selected for this agreement (solicitation #18-7482) and will be awarded a given assignment based upon a combination of lowest cost and qualifications as to which appraiser is best suited to provide such service. This will be based upon specific experience with similar properties and/or appraisal issues, quoted turn-times for completion of the work and potential litigation related factors associated with a given assignment. Once qualified, County staff will obtain a minimum of three quotes for each assignment. For work requiring unique experience or knowledge the County's Contract Administrative Agent may select a specific appraiser using the direct select method. When direct select is deemed necessary, a letter must be attached to the purchase order with sufficient detail to justify the need for a direct select. Such justification should identify the individual making the request, description of requirement and address why the requirement can only be fulfilled by the identified appraiser. The types of services typically required by the County range from short form comparable sales valuations of vacant parcels, to complex estimates of compensation due property owners arising from partial takings of property by the County, as well as estimates of any severance damages resulting there from. While some of the appraisals required by the County will be typical estimates of the market value of"whole" properties, the majority of the assignments will involve property owner compensation estimates as a result of partial takings from larger parent tracts. All appraisals must be submitted first to the County's Real Estate Services Department or TECM/ROW Department(depending on which department ordered the appraisal)electronically in DRAFT. Once the County has reviewed and approved the appraisal, the appraiser will be asked to electronically submit a final signed copy of the appraisal. Once the final signed version of the appraisal is sent, the appraiser may also submit an invoice to be reviewed/approved and processed for payment. Page 1 of 1 0 16A1 Other Exhibit/Attachment Description: ❑ following this page (pages through ) this exhibit is not applicable Page 14 of 14 Professional Service Agreement#2019-011 16 Al ANDE&CA-01 1JRIBEA CITIft.) CERTIFICATE OF LIABILITY INSURANCE DATEIMMIO°"""' 04/10/2019 ': 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 policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0E67768 CONTACT Annie Uribe NAME: Insurance Office of America,Inc. PHONEFAX Abacaa Town Center IAlc,No,Ext):(561)296-5966 26059 I(Arc.No):(561)776-0670 1200 University Blvd,Suite 200 AAIL DDRESS:Annie,Uribe@ioausa.com Jupiter,FL 33458 —......_....._. INSURERISZAFFORDING COVERAGE INSURER A:Southern-Owners Insurance Company 10190 INSURED INSURER B:Continental Casualty Company 20443 Anderson&Carr,Inc. INSURER C: 521 South Olive Avenue INSURER D: West Palm Beach,FL 33401 — —_ _.._; INSURER E: -- -..._--'-------.— INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES 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 ADDLISUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR NOD:MDIMM,D01YYYY1 IMM!DO/YYYYI A X COMMERCIAL GENERAL LIABILITY I 1,000,000 EACH JRRENCE • • $ CLAIMS-MADE X OCCUR 72632652 04/15/2019 04/15/2020 DA&1AG.airj T 50,000 X i i PREMISES rEa xcunere} $ MED EXP(Any ene person) $ 5,000 PERSONAL&ACV INJURY $ 1,000,000 :MEWL AGGREGATE LIMIT APfPLIES PER: GENERAL AGGREGATE S 2,000,000 r I PR,? l 1,000,000. I X POLICY JEC'T LOC ?fi;1C?i.iC'"S-COM%-IOP a�< 5 - i I OTHER: $ I A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S tEa accident: ANY AUTO 72632652 04/15/2019 04/15/2020 BODILY INJURY(Per person; S OWNED SCHEDULED I AUTOS ONLY I AUTOS BODILY INJURY(Per accident) S PROPERTY DAMAGE X HIRED MASH (Par accident') At,y SON?..Y —_ — HNO 1,000,000 UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS UAB CLAIMS-MADE AGGREGATE CEO RETENTION S $ A WORKERS COMPENSATION I PER OTH- AND EMPLOYERS'LIABILITY Y 7 N = STATUTE ER 1 72607884 0411512019 04/15/2020 1,000,000 ANYOFF PERiMEM ORiPARTNER:'EicECUTIVE I I E.L.EACH ACCIDENT $ FICERIMEMBER EXCLUDED? �J NI 1,000,000 (Alandatory In NH) I E.L.DISEASE-EEA EMPLOYEES if yes,descr-be under 1,000,000 DESCRIPTION OF OPERATIONS below 'E.L.DISEASE-POLICY LIMIT S B Professional Liab RFB28763577118 09/23/2018 09/23/2019;Aggregate/Occurrence 1,000,000 i DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners,Board of County Commissioners in Collier County,Collier County Government,Collier County are named as additional insureds as per 55372(1-07)as required by written contract. CERTIFICATE HOLDER CANEELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Collier County Board of County Commissioners 7 3295 Tamiami Trail E. •A,-,Y 41, 2_4?• rM INapies.FL 34412 h/ ACORD 25(2016/03) C 1988-2015 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD 16A1 ReynosoAna From: Carleton Case Sent: Thursday, January 31, 2019 1:55 PM To: DoriaPriscilla Cc: ReynosoAna Subject: FW: Real Estate Appraiser contracts (business auto insurance requirements) 18-7482 Attachments: 18-7482 Insurance Requirements.pdf; 18-7482 Request for Qualification.pdf Priscilla, Thanks for the feedback from the marketplace. We can remove the auto insurance requirement from the contract requirements. Thanks, Carleton Carleton Case, GBDS,CLTC RISK FINANCE MANAGER Risk Management Collier County Government 3311 Tamiami Trail East Bldg. D Naples, Fl 34112 Voice: (239) 252-8089 Fax: (239) 252-8048 E-Mail: Carleton.Casena,colliercountyfl.gov. TAKE THE SURVEY From: DoriaPriscilla Sent:Wednesday,January 30, 2019 2:02 PM To: Carleton Case <Carleton.Case@colliercountyfl.gov> Cc: GonzalezGreily<Greily.Gonzalez@colliercountyfl.gov>; ReynosoAna <Ana.Reynoso@colliercountyfl.gov> Subject: FW: Real Estate Appraiser contracts (business auto insurance requirements) 18-7482 Good Afternoon Carleton, There is a question about the auto insurance requirement on this. There are 8 Agreements for this solicitation. Please refer to below and advise on how to proceed. Priscilla Doria Procurement Strategist Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. From: HendersonHarry Sent: Wednesday,January 30, 2019 1:53 PM To: DoriaPriscilla <Priscilla.Doria@colliercountyfl.gov> 1 Cc:TeachScott<Scott.Teach@colliercountyfl.gov> Subject: Real Estate Appraiser contracts (business auto insurance requirements) Hi Doria, and Scott I have fielded several phone calls from the prospective appraisers(pending contracts) asking about the County's auto insurance requirements.The contract refers to Business Auto Liability requirements...appraiser's typically use their personal cars to do assignments and have personal auto policies...none of these firms have business owned cars with Business Auto policies as far as I know. In addition, some of these firms have 4-8 appraisers who use their personal cars on assignments...at this point they don't know which of these appraiser's may be doing work on a given County assignment; so it would seem onerous to have each of those appraiser's adjust their personal auto insurance policies for a client they may never do work for. I assume that Auto Insurance requirement is just for companies which have company vehicles...so it would not apply to these guys...correct? Harry Henderson Review Appraiser Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2