1310 Triece Company1310
City Of Sanford
Agreement With The Triece Company
For Professional Real Estate Services (Piggyback)
This Agreement made and entered into this day of l v a , 2010 by and
between the:
City of Sanford, Florida
City Hall
300 North Park Avenue
Sanford, Florida 32771
a municipal corporation of the State of Florida, holding tax exempt status, hereinafter
referred to as the "City," and:
The Triece Company
Post Office Box 530598
DeBary, Florida 32753 -0598
a Florida corporation, authorized to do business in the State of Florida, hereinafter referred
to as the "Provider ".
The City and the Provider are collectively referred to herein as the "parties ".
Witnesseth:
Whereas, the Provider has entered an agreement to provide services to the City of
Oviedo, Florida pursuant to an Agreement which Agreement continues to be in effect
(hereinafter the "Oviedo Agreement "; and
Whereas, the City desires to retain the Provider for the work identified in the
specifications outlined in the Oviedo Agreement and for the periods set forth in the Oviedo
Agreement; and
Whereas, the Oviedo Agreement is attached hereto as Exhibit "A" along with the
certain other documents relating thereto to include, but are not limited to, the documents
relating to RFQ -09 -01 which are incorporated herein by this reference thereto; and
Whereas, the City desires to employ the Provider for the performance to support
the activities, programs, and projects of the City upon the terms and conditions hereinafter
set forth and in the Oviedo Agreement, and the Provider is desirous of performing and
providing such services upon said terms and conditions; and
Whereas, theProvider hereby warrants and represents to the City that it is
competent and otherwise able to provide professional and high quality services to the City;
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— Oviedo Piggyback Agreement
Page No. 1
Now, Therefore, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
Section 1: Extent Of Agreement/Integration /Amendment.
(a). This Agreement, together with the exhibits, constitutes the entire integrated
Agreement between the City and the Provider and supersedes all prior written or oral
understandings in connection therewith. This Agreement, and all the terms and provisions
contained herein including, without limitation, the exhibits, constitute the full and complete
agreement between the parties hereto and supersede and controls over any and all prior
agreements, understandings, representations, correspondence and statements regardless
of whether written or oral; provided, however, that the benefits arising from the provisions
of this Agreement and the Oviedo Agreement ensure to the benefit of the City.
(b). This Agreement may only be amended, supplemented, or modified by a formal
written amendment.
(c). Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
Section 2: No General City Obligation.
(a). In no event shall any obligation of the City under this Agreement be or constitute a
general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of
the City or a general obligation or indebtedness of the City within the meaning of the
Constitution of the State of Florida or any other applicable laws, but shall be payable solely
from legally available revenues and funds.
(b). The Provider shall not have the right to compel the exercise of the ad valorem taxing
power of the City.
Section 3: General Provisions.
(a). Each party hereto represents to the other that it has undertaken all necessary
actions to execute this Agreement and that it has the legal authority to enter into this
Agreement, and to undertake all obligations imposed on it. The person(s) executing this
Agreement for the Provider certifies /certify that he /she /they is /are authorized to bind the
Provider fully to the terms of this Agreement.
(b). This Agreement is for the services as described in this Agreement and are to be
accomplished in accordance with the controlling provisions of law and as directed by the
City to include all labor and materials that may be required.
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— Oviedo Piggyback Agreement
Page No. 2
(c). The Provider acknowledges that the City may retain other contractors to provide the
same types of services for City projects. The City reserves the right to select which
contractor shall provide services for City projects.
(d). The Provider acknowledges that the City has retained, or may retain, other
contractors and the coordination between said contractors and the Provider may be
necessary from time -to -time for the successful completion of each Work Order. The
Provider agrees to provide such coordination as necessary.
(e). The Provider agrees to provide and ensure coordination between goods /services
providers.
(f). Time is of the essence of the lawful performance of the duties and obligations
contained in this Agreement to include, but not be limited to, each Work Order. The parties
covenant and agree that they shall diligently and expeditiously pursue their respective
obligations set forth in this Agreement and each Work Order.
(g). The Provider shall maintain an adequate and competent staff and professionally
qualified persons throughout the performance of this Agreement to ensure acceptable and
timely completion of each Work Order.
(h). Requirements for signing and sealing plans, reports and documents prepared by the
Provider shall be governed by the laws and regulations of Seminole County and State
regulatory agencies.
(i). No claim for services furnished by the Provider not specifically provided for herein
shall be honored by the City.
Section 4: Commencement/Implementation Schedule Of Agreement.
(a). The Provider shall commence the provision of services as described in this
Agreement immediately upon execution of this Agreement and a Work Order thereunder.
(b). The Provider and the City agree to make every effort to adhere to the schedules
established for the various Work Orders as described in each Work Order. However, if the
Provider is delayed at any time in the provision of services by any act or omission of the
City, or of any employee of the City, or by any other Provider employed by the City, or by
changes ordered by the City, or by strikes, lock outs, fire, unusual delay in transportation,
unavoidable casualties, or any other causes of force majeure not resulting from the
inactions or actions of the Provider and beyond the Provider's control which would not
reasonably be expected to occur in connection with or during performance or provision of
the services, or by delay authorized by the City pending a decision, or by any cause which
the City shall decide to justify the delay, the time of completion shall be extended for such
reasonable time as the City may decide in its sole and absolute discretion. It is further
expressly understood and agreed that the Provider shall not be entitled to any damages or
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— Oviedo Piggyback Agreement
Page No. 3
compensation, of any type or nature, or be reimbursed for any losses on account of any
delay or delays resulting from any of the aforesaid causes or any other cause whatsoever.
Section 5: Length Of Agreement.
(a). The term of this Agreement is coextensive with the term of the Oviedo Agreement.
(b). The Provider's services shall begin upon written notification to proceed by the City
as set forth in a Work Order.
(c). The Provider's services shall be on a Work Order basis and may include matters
such as serving as an expert witness.
Section 6: Description Of Services.
(a). The Provider agrees to provide the services as outlined and described in this
Agreement all of which are to be provided to the City in accordance with the controlling
provisions of law as more specifically outlined in Exhibit "A" and Work Orders issued
hereunder.
(b). The Provider shall diligently and in a professional and timely manner perform and
provide the services outlined herein or as included in each subsequently entered Work
Order. Unless modified in writing by the parties hereto, the duties of the Provider shall not
be construed to exceed the provision of the services pertaining to this Agreement.
(c). The City and Provider agree that there may be certain additional services required
to be performed by the Provider during the performance of the Work Orders that can not
be defined sufficiently at the time of execution of this Agreement. Such services shall be
authorized in writing as a Change Order. The Work Orders may contain addititonal
instructions or provide specifications upon certain aspects of this Agreement pertinent to
the work to be undertaken. Such supplemental instructions or provisions shall not be
construed as a modification of this Agreement.
Section 7: Notices.
(a). Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified, and the place for
giving of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this Section.
(b). For the present, the parties designate the following as the representative places for
giving of notice, to -wit:
(1). For the City:
City Manager
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— Oviedo Piggyback Agreement
Page No. 4
City of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
(2). For the Provider
Mr. Steve Triece
The Triece Company
Post Office Box 530598
DeBary, Florida 32753 -0598
(c). Written notice requirements of this Agreement shall be strictly construed and such
requirements are a condition precedent to pursuing any rights or remedies hereunder. The
Provider agrees not to claim any waiver by City of such notice requirements based upon
City having actual knowledge, implied, verbal or constructive notice, lack of prejudice, or
any other grounds as a substitute for the failure of the Provider to comply with the express
written notice requirements herein. Computer notification (e -mails and message boards)
shall not constitute proper written notice under the terms of the Agreement.
Section 8: Work Orders.
(a). The provision of services to be performed under this Agreement may commence
immediately upon the execution of this Agreement or a Work Order as directed and
determined by the City. Services to be provided by the Provider to the City shall be
negotiated between the Provider and the City. Each Work Order shall reference this
Agreement by title and date, include a detailed description of quantities, services, and a
completion schedule, and will be provided on Provider letterhead. Services described in
said Work Order will commence upon the issuance of a City Notice -to- Proceed.
(b). If the services required to be performed by a Work Order is clearly defined, the
Work Order shall be issued on a "Fixed Fee" basis. The Provider shall perform all services
required by the Work Order but in no event shall the Provider be paid more than the
negotiated Fixed Fee amount stated therein.
(c). The Provider and the City agree to make every effort to adhere to the schedule
established for the various Work Orders described in the Work Order.
(d). If the services are not clearly defined, the Work Order may be issued on a "Time
Basis Method" and contain a Not -to- Exceed amount. If a Not -to- Exceed amount is
provided, the Provider shall perform all work required by the Work Order; but in no event
shall the Provider be paid more than the Not -to- Exceed amount specified in the applicable
Work Order.
(e). For Work Orders issued on a "Fixed Fee Basis," the Provider may invoice the
amount due based on the percentage of total Work Order services actually performed and
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The Triece Company
— Oviedo Piggyback Agreement
completed; but in no event shall the invoice amount exceed a percentage of the Fixed Fee
amount equal to a percentage of the total services actually completed.
(f). For Work Orders issued on a "Time Basis Method" with a Not -to- Exceed amount,
the Provider may invoice the amount due for actual work hours performed; but in no event
shall the invoice amount exceed a percentage of the Not -to- Exceed amount equal to a
percentage of the total services actually completed.
(g). Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a Not -
to- Exceed amount shall be treated separately for retainage purposes. If the City
determines that work is substantially complete and the amount retained, if any, is
considered to be in excess, the City may, at its sole and absolute discretion, release the
retainage or any portion thereof.
(h). For Work Orders issued on a "Time Basis Method" with a Limitation of Funds
amount, the Provider may invoice the amount due for services actually performed and
completed. The City shall pay the Provider one hundred percent (100 %) of the approved
amount on Work Orders issued on a "Time Basis Method" with a Limitation of Funds
amount.
Section 9: Change Orders.
(a). The City may revise the description of services set forth in any particular Work
Order.
(b). Revisions to any Work Order shall be authorized in writing by the City as a Change
Order. Each Change Order shall include a schedule of completion for the services
authorized. Change Orders shall identify this Agreement and the appropriate Work Order
number. The Change Orders may contain additional instructions or provisions specific
upon certain aspects of this Agreement pertinent to the services to be provided. Such
supplemental instructions or provisions shall not be construed as a modification of this
Agreement. An agreement between the parties on and execution of any Change Order
shall constitute a final settlement and a full accord and satisfaction of all matters relating to
the change of work and /or services and to the impact of the change on unchanged goods
and /or work including, but not limited to, all direct and indirect costs of whatever nature
and all adjustments to the Provider's schedule.
(c). If instructed by the City, the Provider shall change or revise work that has been
performed, and if such work is not required as a result of error, omission or negligence of
the Provider, the Provider may be entitled to additional compensation. The Provider
must submit for City approval a revised proposal with a revised fee quotation. Additional
compensation, if any, shall be agreed upon before commencement of any such additional
work and shall be incorporated into the work by Change Order to the Work Order.
Section 10: Compensation.
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The Triece Company
— Oviedo Piggyback Agreement
(a). Compensation to the Provider for the services performed on each Work Order shall
be as set forth the Work Order /Change Order or as set forth in the Seminole Count y
Agreement which enumerates rates and charges of the Provider.
(b). The City shall not pay for reimbursable items such as gas, tolls, mileage, meals, etc.
and other items not directly attritbutable to items produced for each Work Order.
(c). Work performed by the Provider without written approval by the City's designated
representative shall not be compensated. Any work performed by the Provider without
approval by the City is performed at the Provider's own election.
(d). In the event the City fails to provide compensation under the terms and conditions of
this Agreement, the Provider shall notify the City's designated representative in order that
the City may take remedial action.
Section 11: Invoice Process.
(a). Payments shall be made by the City to the Provider when requested as work
progresses for services furnished, but not more than once monthly. Each Work Order shall
be invoiced separately. The Provider shall render to the City, at the close of each
calendar month, an itemized invoice properly dated, describing all services rendered, the
cost of the services, the name and address of the Provider, Work Order Number, Contract
Number and all other information required by this Agreement.
(b). Invoices which are in an acceptable form to the City and without disputable items will
be processed for payment within thirty (30) days of receipt by the City.
(c). The Provider will be notified of any disputable items contained in invoices submitted
by the Provider within fifteen (15) days of receipt by the City with an explanation of the
deficiencies.
(d). The City and the Provider will make every effort to resolve all disputable items
contained in the Provider's invoices.
(e). Each invoice shall reference this Agreement, the appropriate Work Order and
Change Order if applicable, the billing period, and include the Project Status Report for the
period being billed.
(f). The Florida Prompt Payment Act shall apply when applicable.
(g). Invoices are to be forwarded directly to:
Finance Director
City Hall
City of Sanford
300 North Park Avenue
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The Triece Company
— Oviedo Piggyback Agreement
Sanford, Florida 32771
Section 12: Severability /Construction.
(a). If any term, provision or condition contained in this Agreement shall, to any extent,
be held invalid or unenforceable, the remainder of this Agreement, or the application of
such term, provision or condition to persons or circumstances other than those in respect
of which it is invalid or unenforceable, shall not be affected thereby, and each term,
provision, and condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law when consistent with equity and the public interest.
(b). All provisions of this Agreement shall be read and applied in pari materia with all
other provisions hereof.
(c). Violation of this Agreement by the Provider is recognized by the parties to constitute
irreparable harm to the City.
Section 13: Indemnity.
(a). To the fullest extent permitted by law, the Provider shall indemnify, hold harmless,
and defend the City, its agents, servants, officers, officials, and employees, or any of them,
from and against any and all claims, damages, losses, and expenses including, but not
limited to, attorneys fees and other legal costs such as those for paralegal, investigative,
and legal support services, and the actual costs incurred for expert witness testimony
arising out of or resulting from the performance or provision of services required under this
Agreement, provided that same is caused in whole or part by the error, omission, negligent
act, failure to act, malfeasance, misfeasance, conduct, or misconduct of the Provider, its
agents, servants, officers, officials, employees, or subcontractors. The City does not waive
its right to assert consquential damages against the Provider.
(b). In accordance with Section 725.06, Florida Statutes, adequate consideration has
been provided to the Provider for this obligation, the receipt and sufficiency of which is
hereby specifically acknowledged.
(c). Nothing herein shall be deemed to affect the rights, privileges, and immunities of the
City as set forth in Section 768.28, Florida Statutes.
(d). In claims against any person or entity indemnified under this Section by an
employee of the Provider or its agents or subcontractors, anyone directly or indirectly
employed by them or anyone for whose acts they may be liable, the indemnification
obligation under this Section shall not be limited by a limitation on amount or type of
damages, compensation, or benefits payable by or for the Provider or its agents or
subcontractors, under workers compensation acts, disability benefits acts, or other
employee benefit acts.
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The Triece Company
— Oviedo Piggyback Agreement
(e). The execution of this Agreement by the Provider shall obligate the Provider to
comply with the indemnification provision in this Agreement; provided, however, that the
Provider shall also comply with the provisions of this Agreement relating to insurance
coverages.
Section 14: Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which, taken together, shall constitute one and the same
document.
In Witness Whereof, the parties hereto have made and executed this Agreement
on the respective dates under each signature with the City acting through its City
Commission and the Provider signing by and through its duly authorized corporate officer
having the full and complete authority to execute same.
Attest:
The Triece Company
k ::::� By:_
Authorized Corporate Attesting Authorized Corporate Officer
Corporate Officer e t4 ' 6 to
Date
Attest:
City Of Sanford
CA r
anet Dougherty, CiN Clerk Linda 1<4n, Mayor
Date
For use and reliance of the
Sanford City Commission only.
Approved to form and legali
rolber ' -
DA/A/.Gr /L l
I f
The Triece Company
— Oviedo Piggyback Agreement
we
The City of
O vie.do FLORIDA lE,#A
400 ALEXANDRIA BOULEVARD • OVIEDO, FLORIDA 32765
March 13, 2009
Mr. Steve Triece
The Triece Company
P.O. Box 530598
DeBary, FL 32753 -0598
RE: Professional Real Estate Services, RFQ No. 09 -01
Dear Mr. Triece:
The City of Oviedo would like to congratulate you and your firm for being recommended and
approved by City Council for a continuing services contract for Professional Real Estate Services.
A copy of Resolution 1950 -09 is enclosed for your records.
Please review and sign both copies of the enclosed Professional Service Agreement and replace
the sample Exhibits A, C and D with the requested information /documents. Return both originals
of the agreement and replaced Exhibits to the City in the enclosed envelope. One fully- executed
document will be returned to you once they have been signed by the City Manger.
The initial term of the agreement is from the approval date of March 2, 2009 for a period of one
year. After the initial term, the agreement will automatically renew for two additional one -year
periods, for a total of three years.
Please contact me at (407) 971 -5650 or via email at ssheikh(a if you have any
questions or concerns. We look forward to working with you.
Sincerely,
usan
Contract Manager
Public Works, Engineering
www.cityofoviedo.net
LEGAL AD
CITY OF OVIEDO, FLORIDA
RFQ # 09-01
Request for Qualifications (RFQ)
Professional Real Estate Services
The City of Oviedo is seeking qualifications from individuals or firms interested in providing
Professional Real Estate Services pursuant to the "Consultants Competitive Negotiation Act,"
Florida Statutes 287.055. This contract for services shall be for a one year contract with two
possible one year extensions. The RFQ guideline package will be - available through
DemandStar.Com at 1- 800 -711 -1712 or www.demandstar.com, document number 0901. RFQ's
are due on or before 2:00 p.m., February 10, 2009 to:
Purchasing Office
400 Alexandria Boulevard, First Floor
Oviedo, Florida 32765.
The City of Oviedo reserves the right to accept or reject any and all submittals, to waive
irregularities, and to re- advertise as may be determined to be in the best interest of the City of
Oviedo. The City accepts no responsibility for any submittal not reaching the prescribed point
within the time period stipulated.
End of Advertisement
Advertise one time: January 25, 2009
END OF SECTION
Request For Qualifications for 4crvices»
CITY OF OVIEDO, FLORIDA
REQUEST FOR QUALIFICATIONS # 09 -01
PROFESSIONAL REAL ESTATE SERVICES
GUIDELINES FOR SUBMrrI 1 NG QUALIFICATIONS FOR
PROFESSIONAL REAL ESTATE SERVICES
1. INTRODUCTION:
The City of Oviedo is seeking the services of individuals or firms interested in providing for
Professional Real Estate Services for the City of Oviedo. It is anticipated that up to three
individuals or firms may be selected for a contract period of one year, with the possibility of two
one -year extensions. During this period, the City of Oviedo shall reserve the right to seek
qualifications and/or proposals from other individuals or firms for specialized projects, as
deemed to be in the best interest of the City of Oviedo.
2. SERVICES:
Negotiate the purchase /sale/lease of all parcels assigned to the Contractor by the City. Obtain
executed purchase agreements in accordance to the form and content as directed by the City.
Advise the City, and its staff in matters regarding the purchase, offers, claims, counteroffers,
discussions, and issues pertaining to the purchase/sale/lease of the assigned property(ies).
Attend closings scheduled on purchases by the City, at the request of the City.
Attend meetings and/or public hearings with City staff, their agents, City officials, property
owners, and other parties involved in the project, at either the request of the City or as part of the
Contractor's work effort.
Assist the City with efforts of obtaining plans, right -of -way maps, title searches, title
commitments, owner's title policies, appraisals, acquisition and/or eminent domain use in a
project -
Provide other real property services requested by the City to plan, implement, negotiate,
purchase, sell, lease and acquire the property assigned by the City.
Maintain professional courtesy in all contacts with property owners.
Provide the City with the original and/or a copy of all documents produced by the Contractor as
a result of the work assigned, if requested.
Request For Qualifications for aServices)� 2
3. INFORMATION:
For information pertaining to this Request For Qualification (RFQ), contact the Purchasing
Department as shown in Section 8; Submittal of Qualifications. Such contacts shall be for
clarification purposes only. Material changes, if any, to the scope of services or proposal
procedures will be transmitted only by written addendum.
4. ANTICIPATED RFQ TIMETABLE:
a) Release of Request For Qualifications January 25, 2009
b) Deadline for Written Questions February 4, 2009
c) Proposal Due Date February 10, 2009
d) Evaluation of Proposals and Short Listings Completed March 4, 2009
e) Staff Recommendation and Anticipated Award by City Council March 16, 2009
All dates are tentative. The City reserves the right to change scheduled dates.
5. STATEMENT OF QUALIFICATIONS:
All individuals or firms shall include Statement of Insurance Compliance, Non - Collusion
Affidavit of Bidder, Disputes Disclosure Form, and Drag Free Workplace Certification Form. In
addition, all individuals or firms shall submit the following information for their submittal to be
considered:
a)
License
b)
Location
c)
Service Area
d)
Years of Experience
e)
Track Record of Service
f)
Resume of Key Personnel
g)
Ability to Perform Work
h)
Business and Financial References
6. SUBMITTAL OF QUALIFICATIONS:
All individuals or firms shall submit one (1) original and three (3) copies of their documents in a
sealed enveloped or package. The left front of the envelope or package shall read:
Request for Qualifications for Professional Real Estate Services
RFQ # 09-01
Due Date: February 10, 2009
Company Name:
Documents must be mailed or hand delivered to:
Request For Qualifications for (Sere em
Barbara Taylor
Purchasing Coordinator
City Of Oviedo
400 Alexandria Boulevard, First Floor
Oviedo, FL 32765
Fax Number: 407 - 971 -5806
Email: btaylor@cityofoviedo.net
All documents must be delivered to or received in the mail by the due date and time. Any
documents submitted after this date and time will not be considered and will be returned to
sender unopened. The City takes no responsibility for late mail or late delivery services.
7. SELECTION CRITERIA:
A team of City Employees will evaluate and rank each submittal based on required information
provided as indicated in Section 5; Statement of Qualifications. A ranked short list will be
presented to City Council for approval.
Evaluation factors are based on the abilities of the proposer to efficiently perform the Scope of
Services as generally outlined in this Request for Qualifications. The City will be seeking to
identify the submittal(s) which will best meet the needs of the City of Oviedo as determined from
the responses to this Request for Qualifications.
A selected group of proposers Mal be required to make an oral presentation to the Selection
Committee. Such presentation will provide an opportunity for the proposers to clarify the
information provided in their RFQ. Oral presentations, if any, will be considered in conjunction
with submitted data by the Selection Committee. The Selection Committee will present its
recommendation to the City Council, which has the authority to make the final determination and
award contracts.
Submissions will be evaluated on a total score basis, with a maximum score of one hundred
(100) points. The following criteria will be used in the evaluation process to determine the
successful respondent(s):
Evaluartlon Criteria . ; ;
Maximum Points
Work History—
■ References and past performance related to providing quality service
50
(25 points)
• Related work experience 25 points
Staffing and Equipment —
■ Ability and capacity of the proposer to perform and comply with
25
r equired services.
Administrative b Staff Experience —
• Educational background and training of key personnel that are related
25
to required services.
Total Points
100
Request For Qualifications for ((Services» 4
8. QUESTIONS:
All questions shall be submitted in writing only before February 4, 2009 to:
Barbara Taylor
Purchasing Coordinator
400 Alexandria Boulevard, First Floor
Oviedo, FL 32765
Fax: (407) 971 -5806
E -mail: btaylor@cityofoviedo.net
Any contact made with any other employee of the City Of Oviedo regarding this "RFQ" may be
grounds for the disqualification of your submittal.
9. LEGAL REQUIREMENTS:
All Federal, State, County and Local Laws, Ordinances, Rules and Regulations that in any
manner affect this "RFQ" herein apply. Lack of knowledge by the submitting firms will in no
way be cause for relief from responsibility.
10. CONFLICT OF INTEREST:
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes.
Offerors must disclose with their Proposal the name of any officer, director, partner, proprietor,
associate or agent who is also an officer or employee of City or any of its agencies. Further, all
Offerors must disclose the name of any officer or employee of City who owns, directly or
indirectly, any interest in the Offeror's film or any of its branches or affiliate companies.
11. LIABILITY:
The City Of Oviedo assumes no responsibility to any submitting firms for the cost of preparing
this Request for Qualifications. The City Of Oviedo reserves the right to accept or reject any and
all submittals, to waive information, or to re- advertise as may be in the best interest of the City
Of Oviedo. The City Of Oviedo will not accept any mail or delivery service that is late, and will
return all late submittals unopened.
END OF SECTION
Request For Qualifications for (Services»
CITY OF OVIEDO
STANDARD INSURANCE REQUIREMENTS
The selected Firm or Individual for all Bids, Requests for Qualifications (RFQ), and Requests for
Proposals (RFP) will be required to name the City as an additional name insured with the
following minimum coverages.
A. Workers Compensation shall be maintained by the selected firm or individuals for all
employees engaged in the work under this Bid, RFQ, or RFP in accordance with the laws
of the State of Florida Employer's Liability Insurance shall be maintained by the
selected firm or individual at limits not less than the following.
$100,000 Each Accident
$100,000 Disease Each Employee
$500,000 Disease Aggregate
B. Comprehensive General Liability Insurance shall be maintained by the selected firm
or individual with limits not less than the following:
$1,000,000 Bodily Injury & Property Damage -each occurrence
$1,000,000 Personal & Advertising Injury-each occurrence
$2,000,000 General Aggregate
$2, 000,000 Products/Completed Operations Aggregates limit
$ 5,000 Medical Payments
$ 100,000 Fire Damage Legal Liability
Coverage shall include Contractual Liability and Independent Contractors Liability.
C. Automobile Liability Insurance shall be maintained by the selected firm or individual
with a combined single limit of not less than $1,000,000 Bodily Injury and Property
Damage in accordance with the laws of the State of Florida, as to the ownership,
maintenance, and use of all owned, non - owned, lease or hired vehicles.
D. Professional Liability Insurance shall be maintained by the selected firm or individual
with a combined single limit of not less than $1,000,000, protecting the selected firm
against claims of the City for negligence, errors, mistakes, or omissions in the
performance of services to be performed and furnished by the selected firm or individual.
E. Other Required Insurance Coverage is needed where unusual operations are necessary
to complete the work, such as Longshoremen and Harbor Workers Exposures, use of
aircraft or watercraft, use of explosives, or any other high risk circumstances. No
aircraft, watercraft, or explosives shall be used without the express advance written
approval of the City.
All insurance minimum coverages extend to any subcontractor. The General Contractor
is responsible for all sub - contractors.
END OF SECTION
Request For Qualifications for ((Services*
CITY OF OVIEDO
PROFESSIONAL SERVICES AGREEMENT FOR
Professional Real Estate Services With
The Triece Company
THIS AGREEMENT made and entered into the 2nd day of March, 2009 by and
between the:
City of Oviedo, Florida
400 Alexandria Blvd.
Oviedo, Florida 32765
a municipal corporation of the State of Florida, holding tax exempt status, hereinafter
referred to as the City and:
The Triece Company
P.O. Box 530598
DeBary, FL 32753 -0598
a corporation, authorized to do business in the State of Florida, hereinafter referred to as
the Consultant.
The City and the Consultant are collectively referred to herein as the Parties.
WITNESSETH:
WHEREAS, the City desires to retain the Consultant for the work identified in the RFQ and description
of services outlined in Exhibit A; and
WHEREAS, the City desires to employ the Consultant for the performance to support the activities,
programs, and projects of the City upon the terms and conditions hereinafter set forth, and the Consultant is
desirous of performing and providing such services upon said terms and conditions; and
WHEREAS, the Consultant hereby warrants and represents to the City that it is competent and
otherwise able to provide professional and high quality services to the City; and
WHEREAS, all submissions submitted by the Consultant in the proposaWRFQ's submitted to the City
are hereby incorporated to the extent not inconsistent with the terms and conditions as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is
agreed by and between the parties hereto as follows:
Table Of Contents:
SECTION1: DEFINITIONS ............................................................................................ ..............................
SECTION2: CAPTIONS. ............................ ................................................................... ..............................
Professional Services Agreement for Professional Real Estate Services
Page 1
SECTION 3: EXTENT OF AGREEMENT / INTEGRATION / AMENDMENT ................ ..............................3
SECTION 4: NO GENERAL CITY OBLIGATION ........................................................... ..............................
SECTION 5: CONSULTANT UNDERSTANDING OF SERVICES REQUIRED ............ ..............................4
SECTION6: GENERAL PROVISIONS .......................................................................... ..............................
SECTION 7: CODES AND DESIGN STANDARDS ....................................................... ..............................5
SECTION8: SUBCONSULTANTS ................................................................................ ..............................
SECTION9: ASSIGNABILITY ........................................................................................ ..............................
SECTION 10: COMMENCEMENT / IMPLEMENTATION SCHEDULE OF AGREEMENT .........................5
SECTION 11: LENGTH OF AGREEMENT .................................................................... ..............................
SECTION 12: DESCRIPTION OF SERVICES ............................................................... ..............................
SECTION 13: CONSULTANT RESPONSIBILITIES ...................................................... ..............................
SECTION 14: CITY RIGHTS AND RESPONSIBILITIES ............................................... ..............................
SECTION15: WAIVER .................................................................................................. ..............................
SECTION16: FORCE MAJEURE .................................................................................. ..............................
SECTION17: STANDARDS OF CONDUCT ................................................................. ..............................
SECTION18: NOTICES ................................................................................................ ...............................
SECTION 19: DESIGNATED REPRESENTATIVES . .................................................................................
SECTION20: WORK ORDERS ................................................................................. ...............................
SECTION21: CHANGE ORDERS ................................................................................ .............................
SECTION22: COMPENSATION .................................................................................. .............................
SECTION23: INVOICE PROCESS .............................................................................. .............................
SECTION 24: TERMINATION OF AGREEMENT ......................................................... .............................
SECTION 25: TERMINATION BY CONSULTANT FOR CAUSE ................................. .............................13
SECTION 26: TERMINATION BY THE CITY WITHOUT CAUSE ................................ .............................13
SECTION 27: PAYMENT IN THE EVENT OF TERMINATION .................................... .............................13
SECTION 28: ACTION FOLLOWING TERMINATION ................................................. .............................
SECTION29: SUSPENSION ........................................................................................ .............................
SECTION 30: ALTERNATIVE DISPUTE RESOLUTION ( ADR) ................................... .............................13
SECTION31: SEVERABILITY ...................................................................................... .............................
SECTION 32: CONTROLLING LAWS /VENUE/ INTERPRETATION ........................ .............................14
SECTION33: INDEMNITY ............................................................................................ .............................
SECTION34: INSURANCE .......................................................................................... .............................
SECTION 35: EQUAL OPPORTUNITY EMPLOYMENT / NON - DISCRIMINATION .... .............................16
SECTION 36: ACCESS TO RECORDS / AUDIT / PUBLIC RECORDS ....................... .............................16
SECTION37: COUNTERPARTS .................................................................................. .............................
SECTION38: SUBMITTALS ......................................................................................... .............................
SECTION39: EXHIBITS ............................................................................................... .............................
SECTION 1: DEFINITIONS.
Ad valorem - In proportion to the estimated value of the goods taxed.
Agreement — This eighteen page document and all subsequent Work Orders between the City and
Consultant. Each Exhibit, as identified below, even if not physically attached, shall be treated as if they were
part of this Agreement. The effective date of this Agreement is the date City Coucil approves a resolution
approving the selection of the Consultant.
Billing Period — The period of time between project commencement to the close of the current period,
(inclusive); or from the close of the previous billing period, (exclusive), to the close of the current period,
usually concurrent with the month. In no case shall this period be less than one calendar month except for
the final Billing Period.
Bona Fide - Made or carried out in good faith; sincere.
City - A municipal corporation of the State of Florida holding tax exempt status.
Professional Services Agreement for Professional Real Estate Services
Page 2
Consultant - To include all principals of the Consultant including, but not limited to, full and part time
employees, professional or otherwise, and all other agents employed by or for Consultant to perform its
obligations hereunder.
Description of Services - Shall be written in paragraph form resonably describing those services the City
can expect the Consultant to provide. The description shall be written in such a manner that the type of
service is clearly provided, but broad enough that all services reasonably expected of the Consultant, including
services provided by partners, Subconsultants, and other supporting professionals, can be provided to the
City.
Designated Representative — A person who administers, reviews, and coordinates the provision of
services. This definition applies equally to the City and to the Consultant.
Exhibit A — Description of Services.
Exhibit B — Project Status Report Form.
Exhibit C — Professional Hourly Rates and Fees Schedule.
Exhibit D — Certificate of Liability Insurance.
Force Maieure - Force Majeure shall include, but not be limited to, hostility, revolution, civil commotion, strike,
epidemic, fire, flood, wind, earthquake, explosion, any taw, proclamation, regulation, or ordinance orotheract
of government, or any act of God or any cause whether of the same or different nature, existing or future;
provided that the cause whether or not enumerated in this Agreement is beyond the control and without the
fault or negligence of the party seeking relief under this Agreement.
Law - Said phrase shall include statutes, codes, rules, and regulations of whatsoever type or nature enacted
or adopted by a governmental entity of competent jurisdiction.
Pari Materia — of the same matter, on the same subject. taws pad materia must be construed with reference
to each other /together when related to the same matter or subject. The provisions of a contract/agreement
are to be construed together with no isolated construction of a particular provision such that it would defeat the
overall intent of the contractlagreement.
Submittals — Any item required by this agreement that the Consultant must provide the City either for
inclusion as part of this agreement or not.
Type of Service - Professional Real Estate Services
Work Order - A detailed description of quantities, services, and a completion schedule provided on
Consultant letterhead describing all work associated with the service to be provided by the Consultant to
the City for an agreed price referencing this agreement by title and date.
SECTION 2: CAPTIONS.
The Section headings and captions of this Agreement are for convenience and reference only and in no way
define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this
Agreement or construe any provision of this Agreement.
SECTION 3: EXTENT OF AGREEMENT / INTEGRATION 1 AMENDMENT.
(a). This Agreement, together with the Exhibits, if any, constitutes the entire integrated Agreement
between the City and the Consultant and supersedes all prior written or oral understandings in connection
therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the
Exhibits attached, constitute the full and complete agreement between the parties hereto to the date hereof,
Professional Services Agreement for Professional Real Estate Services
Page 3
and supersedes and controls over any and all prior agreements, understandings, representations,
correspondence, and statements, whether written or oral.
(b). This Agreement may only be amended, supplemented, or modified by a formal written amendment.
(c). Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid
only when expressed in writing and duly signed by the parties.
(d). The Exhibits made part of this Agreement are as follows:
Exhibit A -
Description of Services
Exhibit B -
Project Status Report Form
Exhibit C -
Professional Hourly Rates and Fees Schedule
Exhibit D -
Certificate of Liability Insurance
SECTION 4: NO GENERAL CITY OBLIGATION.
(a). In no event shall any obligation of the City under this Agreement be or constitute a general obligation
or indebtedness of the City, a pledge of the ad valorem taxing power of the City or a general obligation or
indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable
laws, but shall be payable solely from legally available revenues and funds.
(b). The Consultant shall not have the right to compel the exercise of the ad valorem taxing power of the
City.
SECTION 5: CONSULTANT UNDERSTANDING OF SERVICES REQUIRED.
(a). Execution of this Agreement by the Consultant is a representation that the Consultant is familiar with
local conditions and with the services to be performed. The Consultant shall make no claim for additional time
or money based upon its failure to comply with this Agreement The Consultant has informed the City, and
hereby represents to the City, that it has extensive experience in performing and providing the services and/or
goods described in this Agreement and to be identified in the Work Orders, and that it is well acquainted with
the components that are properly and customarily included within such projects and the requirements of laws,
ordinances, rules, regulations, or orders of any public authority or licensing entity having jurisdiction over City
Projects. Execution of a Work Order shall be an affirmative and irrefutable representation by the Consultant to
the City that the Consultant is fully familiar with any and all requisite work conditions of the provisions of the
services.
(b). The recitals herein are true and correct in form and constitute a material part of this Agreement upon
which the parties have relied.
(c). It is agreed that nothing herein contained is intended or should be construed as in any manner
creating or establishing a relationship of co- partners between the parties, or as constituting the Consultant
(including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the
City for any purpose, or in any manner, whatsoever. The Consultant is to be and shall remain forever an
independent Consultant with respect to all services performed under this Agreement.
(d). The Consultant and persons employed by the Consultant in the provision and performance of the
services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation,
unemployment compensation, civil service or other employee rights or privileges granted to the City's officers
and employees either by operation of law or by the City.
SECTION 6: GENERAL PROVISIONS.
(a). Each party hereto represents to the other that it has undertaken all necessary actions to execute this
Agreement, and that it has the legal authority to enter into this Agreement, and to undertake all obligations
Professional Services Agreement for Professional Real Estate Services
Page 4
imposed on it. The person(s) executing this Agreement for the Consultant certifies/certify that he/she/they
is/are authorized to bind the Consultant fully to the terms of this Agreement
(b). This Agreement is for services pertaining to Professional Real Estate Services needed for the City's
operations as set forth herein and as otherwise directed by the City to include all labor and materials that may
be required.
(c). The Consultant acknowledges that the City may retain other Consultants to provide the same types of
services for City projects. The City reserves the right to select which Consultant shall provide services for City
projects.
(d). The Consultant acknowledges that the City has retained other consultants and the coordination
between said consultants and the Consultant may be necessary from time to time for the successful
completion of each Work Order. The Consultant agrees to provide such coordination as necessary within the
Scope of Services as contained in Section 12; Description of Services.
(e). The Consultant agrees to provide and ensure coordination between goods / services providers.
(f). Time is of the essence of the lawful performance of the duties and obligations contained in this
Agreement to include, but not be limited to, each Work Order. The parties covenant and agree that they shall
diligently and expeditiously pursue their respective obligations set forth in this Agreement and each Work
Order.
(g). Consultant will maintain an adequate and competent staff or professionally qualified persons
throughout the performance of this Agreement to ensure acceptable and timely completion of each Work
Order.
(h). Requirements for signing and sealing plans, reports, and documents prepared by the Consultant shall
be govemed by the laws and regulations of Seminole County and State Regulatory agencies.
(i). The Consultant hereby guarantees the City that all material, supplies, services, and equipment as
listed on a Purchase Order meet the requirements, specifications, and standards as provided for under the
Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date
hereof.
0). No claim for services furnished by the Consultant not specifically provided for herein shall be honored
by the City.
SECTION 7: CODES AND DESIGN STANDARDS.
(a). All the services to be provided or performed by the Consultant shall in the minimum be in
conformance with commonly accepted industry and professional codes and standards, standards of the City,
and the laws of any Federal, State, or local regulatory agencies.
(b). The Consultant shall be responsible for keeping the City apprised of any changing laws applicable to
the services to be performed under this Agreement.
SECTION 8: SUBCONSULTANTS.
(a). Any Consultant proposed Subconsultant shall be submitted to the City for written approval prior to the State
Consultant entering into a subcontract. Subconsultant information shall include, but not be limited to,
registrations, business address, occupational license tax proof of payment, and insurance certifications.
(b). The Consultant shall coordinate the provision of services and work product of any City approved
Subconsultant and remain fully responsible for such services and work under the terms of this Agreement.
Professional Services Agreement for Professional Real Estate Services
Page 5
(c). Any subcontract shall be in writing and shall incorporate this Agreement and require the
Subconsultants to assume performance of the Consultant duties commensurately with the Consultants duties
to the City under this Agreement, it being understood that nothing herein shall in any way relieve the
Consultant from any of its duties under this Agreement. The Consultant shall provide the City with executed
copies of all subcontracts.
SECTION 9: ASSIGNABILITY.
The Consultant shall not sublet, assign, or transfer any interest in this Agreement, or claims for the money due
or to become due out of this Agreement to a bank, trust company, or other financial institution without written
City approval. When approved by the City, written notice of such assignment or transfer shall be fumished
promptly to the City.
SECTION 10: COMMENCEMENT / IMPLEMENTATION SCHEDULE OF AGREEMENT.
(a). The Consultant shall commence the provision of services as described in this Agreement immediately
upon execution of this Agreement. The City may seek other firms to provide the same services.
(b). The Consultant and the City agree to make every effort to adhere to the schedules established for the
various Work Orders as described in each Work Order. However, if the Consultant is delayed at any time in
the provision of services by any act or omission of the City, or of any employee of the City, or by any other
Consultant employed by the City, or by changes ordered by the City, or by strikes, lock outs, fire, unusual
delay in transportation, unavoidable casualties, or any other causes of Force Majeure not resulting from the
inactions or actions of the Consultant and beyond the Consultants control which would not reasonably be
expected to occur in connection with or during performance or provision of the services, or by delay authorized
by the City pending a decision, or by any cause which the City shall decide to justify the delay, the time of
completion shall be extended for such reasonable time as the City may decide in its sole and absolute
discretion. It is further expressly understood and agreed that the Consultant shall not be entitled to any
damages or compensation, or be reimbursed for any losses on account of any delay or delays resulting from
any of the aforesaid causes or any other cause whatsoever.
SECTION 11: LENGTH OF AGREEMENT.
(a). The initial term of this Agreement shall be for a period of one (1) year.
(b). After initial term, this Agreement shall automatically renew for two (2) additional terms of one (1) year
each.
(c). The maximum term for this Agreement and all renewals is a cumulative term of three (3) years.
(d). Should the City wish to not have the contract automatically renewed, the City shall provide written
notice to the Consultant ninety (90) days prior to the automatic renewal subject; however, to the completion of
all pending Work Orders.
(e). Should the Consultant wish to not have the contract automatically renewed, the Consultant shall
provide written notice to the City ninety (90) days prior to the automatic renewal subject; however, to the
completion of all pending Work Orders.
SECTION 12: DESCRIPTION OF SERVICES.
(a). The Consultant agrees to perform professional consulting services to the City. Services include, but
are not limited to, general consulting services. The Description of Services is to be defined further hereto as
Exhibit A.
(b). The Consultant shall diligently and in a professional and timely manner perform and provide the
services included in each subsequently entered Work Order. Unless modified in writing by the parties hereto,
Professional Services Agreement for Professional Real Estate Services
Page 6
the duties of the Consultant shall not be construed to exceed the provision of the services pertaining to this
Agreement.
(c). The City and Consultant agree that there may be certain additional services required to be performed
by the Consultant during the performance of the Work Orders that can not be defined sufficiently at the time of
execution of this Agreement. Such services shall be authorized in writing as a Change Order in accordance
with Section 21. The Work Orders may contain addititonal instructions or provide specifications upon certain
aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instructions or
provisions shall not be construed as a modification of this Agreement.
SECTION 13: CONSULTANT RESPONSIBILITIES.
(a). The Consultant shall be responsible for the professional quality, accepted standards, technical
accuracy and the coordination of all services fumished by the Consultant under this Agreement as well as the
conduct of its staff, personnel, employees, and agents. The Consultant shall work closely with the City on all
aspects of the provision of the services. With respect to services, the Consultant shall be responsible for the
professional quality, technical accuracy, competence, methodology, accuracy, and the coordination of all of
the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports,
data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature
furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation,
correct or revise any errors or deficiencies in his plans, analysis, data, reports, designs, drawings,
specifications, and any and all other services of whatever type or nature.
(b). The Consultant shall furnish a Consultant Designated Representative to administer, review, and
coordinate the provision of services under each Work Order.
(c). Neither City review, approval, or acceptance of, nor payment for, any of the services required under
this Agreement shall be construed to operate as a waiver of any rights or of any cause of action arising out of
the performance of this Agreement. The Consultant shall be and shall remain liable to the City in accordance
with applicable law for all damages to the City caused by the Consultant's negligent or improper performance
or failure to perform any of the services fumished under this Agreement.
(d). The rights and remedies of the Consultant, provided for under this Agreement, are in addition to any
other rights and remedies provided by law.
(e). In the event the Consultant fails to comply with the terms and conditions of this Agreement, the City
shall notify the Consultant's Designated Representative in writing so that the Consultant may take remedial
action.
(f). Time is of the essence in the performance of all services provided by the Consultant under the terms
of this Agreement and each and every Work Order.
SECTION 14: CITY RIGHTS AND RESPONSIBILITIES.
(a). The City shall reasonably cooperate with the Consultant in a timely fashion at no cost to the
Consultant as set forth in this Section.
(b). The City shall furnish a City Designated Representative to administer, review, and coordinate the
provision of services under each Work Order.
(c). The City shall make City personnel available where, in the City's opinion, they are required and
necessary to assist the Consultant. The availability and necessity of said personnel to assist the Consultant
shall be determined solely at the discretion of the City.
(d). The City shall furnish the Consultant with exisitng data, records, maps, plans, specifications, reports,
fiscal data, and other engineering information that is available in the City's files that is necessary or useful to
Professional Services Agreement for Professional Real Estate Services
Page 7
the Consultant for the performance of the Work. All such documents conveyed by the City shall be, and
remain the property of, the City and shall be returned to the City upon completion of the Work to be performed
by the Consultant.
(e). The City shall examine all Consultant reports, sketches, drawings, estimates, proposals, and other
documents presented to the City and indicate the City's approval or disapproval within a reasonable time so as
not to materially delay the provisions of the services of the Consultant.
(f). The City shall provide access to and make provisions for the Consultant to enter upon public and
private lands as required for the Consultant within a reasonable time to perform work as necessary to
complete the Work Order.
(g). The City shall transmit instructions, relevant information, and provide interpretation and definition of
City policies and decisions with respect to any and all materials and other matters pertinent to the services
covered by this Agreement.
(h). The City shall give written notice to the Consultantwhenever the City designated representative knows
of a development that affects the services provided and performed under this Agreement, timing of the
Consultant's provision of services, or a defect or change necessary in the services of the Consultant.
(i). The rights and remedies of the City provided for under this Agreement are in addition to any other
rights and remedies provided by law; the City may assert its right of recovery by any appropriate means
including, but not limited to, set -off, suit, withholding, recoupment, or counterclaim, either during or after
performance of this Agreement.
0). The City shall be entitled to recover any and all legal costs including, but not limited to, attomey fees
and other legal costs that it may incur in any legal actions it may pursue in the enforcement of the terms and
conditions of this Agreement or the responsibilities of the Consultant in carrying out the duties and
responsibilities deriving from this Agreement.
(k). The failure of the City to insist in any instance upon the strict performance of any provision of this
Agreement, or to exercise any right or privilege granted to the City hereunder shall not constitute or be
construed as a waiver of any such provision or right and the same shall continue in force.
(I). Neither the City's review, approval or acceptance of, nor payment for, any of the services required
shall be construed to operate as a waiver of any rights under this Agreement nor any cause of action arising
out of the performance of this Agreement and the Consultant shall be and always remain liable to the City in
accordance with applicable law for any and all damages to the City caused by the Consultant's negligent or
wrongful provision or performance of any of the services furnished under this Agreement.
(m). All deliverable analysis, reference data, survey data, plans and reports, or any other form of written
instrument or document that may result from the Consutant's services or have been created during the course
of the Consultant's performance under this Agreement shall become the property of the City after final
payment is made to the Consultant.
(n). In the event the City fails to comply with the terms and conditions of this Agreement, the Consultant
shall notify the City's Designated Representative in writing so that the City may take remedial action.
SECTION 15: WAIVER.
The failure of the City to insist in any instance upon the strict performance of any provision of this Agreement,
or to exercise any right or privilege granted to the City hereunder, shall not constitute or be construed as a
waiver of any such provision or right and the same shall continue in force.
SECTION 16: FORCE MAJEURE.
Professional Services Agreement for Professional Real Estate Services
Page 8
Neither party shall be considered in default in performance of its obligations hereunder to the extent that
performance of such obligations, or any of them, is delayed or prevented by Force Majeure.
SECTION 17: STANDARDS OF CONDUCT.
(a). The Consultant warrants that it has not employed or retained any company or person, other than a
Bona Fide employee working solely for the Consultant, to solicit or secure this Agreement and that the
Consultant has not paid or agreed to pay any person, company, corporation, individual, or firm other than a
Bona Fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award of making this Agreement.
(b). If the City determines that any employee or representative of the Consultant is not satisfactorily
performing his or her assigned duties or is demonstrating improper conduct pursuant to any assignment or
work performed under this Agreement, the City shall so notify the Consultant, in writing. The Consultant shall
immediately remove such employee or representative of the Consultant from such assignment.
(c). The Consultant hereby certifies (in writing) that no undisclosed conflict of interest exists with respect to
the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients,
customers or vendees, other contractual relationships of the Consultant, or any interest in property that the
Consultant may have. The Consultant further certifies that any conflict of interest that arises during the term of
this Agreement shall be immediately disclosed in writing to the City. Violation of this Section shall be
considered as justification for immediate termination of this Agreement.
(d). The Consultant shall not engage in any action that would create a conflict of interest for any City
employee or other person during the course of performance of, or otherwise related to, this Agreement or
which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating
to ethics in government.
(e). The City will not intentionally award publicly - funded contracts to any Consultant who knowingly
employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationality Act (INA)]. The City shall
consider the employment by the Consultant of unauthorized aliens, a violation of Section 274A (e) of the INA.
Such violation by the Consultant of the employment provisions contained in Section 274A (e) of the INA shall
be grounds for immediate termination of this Agreement by the City.
(f). The Consultant shall comply with the requirements of the Americans with Disabilities Act (ADA), and
any and all related Federal or State laws which prohibits discrimination by public and private entities on the
basis of disability.
(g). The Consultant shall not discriminate on the grounds of race, color, religion, sex, or national origin in
the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection, or
discrimination.
(h). If the Consultant or an affiliate is placed on a discriminatory vendor list, such action may result in
termination by the City. The Consultant shall certify, upon request by the City that it is qualified to submit a bid
under Section 287.134, Discrimination, (2) (c), Florida Statutes.
(i). If the Consultant or an affiliate is placed on the convicted vendor list following a conviction for a public
entity crime, such action may result in termination by the City. The Consultant shall certify, upon request by the
City, that it is qualified to submit a bid under Section 287.133, Public Entity Crime, (2)(a), Florida Statutes.
(j). The Consultant shall certify, upon request by the City, that the Consultant maintains a drug free
workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may
result in termination.
Professional Services Agreement for Professional Real Estate Services
Page 9
(k). The Consultant agrees to comply with Federal, State, and local environmental, health, and safety laws
and regulations applicable to the services provided to the City. The Consultant agrees that any program or
initiative involving the work that could adversely affect any personnel involved, citizens, residents, users,
neighbors or the surrounding environment will ensure compliance with any and all employment safety,
environmental and health laws.
(1). If applicable, in accordance with Section 216.347, Florida Statutes, the Consultant shall not use funds
provided by this Agreement for the purpose of lobbying the Legislature, the Judicial Branch, or any State
Agency.
(m). The Consultant shall not publish any documents or release information regarding this Agreement to
the media without prior approval of the City.
(n): The Consultant shall ensure that all services are provided to the City after the Consultant has
obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar
consents.
(o). The Consultant shall ensure that all taxes due from the Consultant are paid in a timely and complete
manner including, but not limited to, occupational license tax.
SECTION 18: NOTICES.
(a). Whenever either party desires to give notice unto the other, it must be given by written notice, sent by
registered United States mail, with return receipt requested and addressed to the party for whom it is intended,
at the place last specified. The place for giving of notice shall remain as such until it has been changed by
written notice in compliance with the provisions of this Section.
(b). For the present, the parties designate the following as the representative places for giving of notice,
to -wit:
(1). For the City:
Richard Gestrich
City Manager
400 Alexandria Blvd.
Oviedo, FL 32765
(2). For the Consultant
Steven Triece
The Triece Company
P.O. Box 530598
DeBary, FL 32753 -0598
Telephone Number: 386 -668 -2553
E -mail Address: striece @bellsouth.net
(c). Written notice requirements of this Agreement shall be strictly construed and such requirements are a
condition precedent to pursuing any rights or remedies hereunder. The Consultant agrees not to claim any
waiver by City of such notice requirements based upon City having actual knowledge, implied, verbal or
constructive notice, lack of prejudice, or any other grounds as a substitute for the failure of the Consultant to
comply with the express written notice requirements herein. Computer notification (e -mails and message
boards) shall not constitute proper written notice under the terms of the Agreement.
SECTION 19: DESIGNATED REPRESENTATIVES.
Professional Services Agreement for Professional Real Estate Services
Page 10
(a). The City Manager, or his designated representative, represents the City in all matters pertaining to
and arising from the work and the performance of this Agreement
(b). The City Manager or his designated representative shall have the following responsibilities:
(1). Examination of all work and rendering, in writing, decisions indicating the City's approval or
disapproval within a reasonable time so as not to materially delay the work of the Consultant;
(2). Transmission of instructions, receipt of information, and interpretation and definition of City's
policies and decisions with respect to design, materials, and other matters pertinent to the work covered by
this Agreement;
(3). Giving prompt written notice to the Consultant whenever the City knows of a defect or change
necessary in the project; and
(c). Until further written notice, the City's Designated Representative for this Agreement is:
Tony Segreto
Public Works Director
City of Oviedo
400 Alexandria Blvd
Oviedo, Florida 32765
(d). Prior to the start of any work under this Agreement, the Consultant shall submit to the City detailed
resumes of key professional personnel that will be involved in performing services described in the work. The
City hereby acknowledges its acceptance of such personnel to perform services under this Agreement At any
time hereafter that the Consultant desires to change key professional personnel in an active assignment, it
shall submit the qualifications of the new professional personnel to the City for prior approval. Key
professional personnel shall include the principal -in- charge, project managers, and others interfacing with City
personnel.
(e). Until further written notice, the Consultant's Designated Representative for this Agreement is:
Steven Triece
The Triece Company
P.O. Box 530598
DeBary, FL 32753 -0598
Telephone Number: 386 -668 -2553
E -mail Address: striece@bellsouth.net
SECTION 20: WORK ORDERS.
(a). The provision of services to be performed under this Agreement may commence immediately upon
the execution of this Agreement. Services to be provided by the Consultant to the City shall be negotiated
between the Consultant and the City. Each Work Order shall reference this agreement by title and date,
include a detailed description of quantities, services, and a completion schedule, and will be provided on
Consultant letterhead. Services described in said Work Order will commence upon the issuance of a City
Notice- To-Proceed.
(b). If the services required to be performed by a Work Order is clearly defined, the Work Order shall be
issued on a "Fixed Fee" basis. The Consultant shall perform all services required by the Work Order but in no
event shall the Consultant be paid more than the negotiated Fixed Fee amount stated therein.
(c). The Consultant and the City agree to make every effort to adhere to the schedule established for the
various Work Orders described in the Work Order.
(d). If the services are not clearly defined, the Work Order may be issued on a "Time Basis Method" and
contain a Not -to- Exceed amount. If a Not -to- Exceed amount is provided, the Consultant shall perform all work
required by the Work Order; but in no event shall the Consultant be paid more than the Not- to-Exceed amount
Professional Services Agreement for Professional Real Estate Services
Page 11
specified in the applicable Work Order.
(e). For Work Orders issued on a °Fixed Fee Basis,' the Consultant may invoice the amount due based on
the percentage of total Work Order services actually performed and completed; but in no event shall the
invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services
actually completed.
M. For Work Orders issued on a'Time Basis Method" with a Not- to-Exceed amount, the Consultant may
invoice the amount due for actual work hours performed; but in no event shall the invoice amount exceed a
percentage of the Not- to-Exceed amount equal to a percentage of the total services actually completed.
(g). Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a Not- to-Exceed amount
shall be treated separately for retainage purposes. If the City determines that work is substantially complete
and the amount retained, if any, is considered to be in excess, the City may, at its sole and absolute discretion,
release the retainage or any portion thereof.
(h). For Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount, the Consultant
may invoice the amount due for services actually performed and completed. The City shall pay the Consultant
one hundred percent (100 %) of the approved amount on Work Orders issued on a "Time Basis Method' with a
Limitation of Funds amount.
SECTION 21: CHANGE ORDERS.
(a). The City may revise the Description of Services set forth in any particular Work Order.
(b). Revisions to any Work Order shall be authorized in writing by the City as a Change Order. Each
Change Order shall include a schedule of completion for the services authorized. Change Orders shall
identify this Agreement and the appropriate Work Order number. The Change Orders may contain additional
instructions or provisions specific upon certain aspects of this Agreement pertinent to the services to be
provided. Such supplemental instructions or provisions shall not be construed as a modification of this
Agreement. An Agreement between the parties on and execution of any Change Order shall constitute a final
settlement and a full accord and satisfaction of all matters relating to the change and to the impact of the
change on unchanged goods and/or work, including all direct and indirect costs of whatever nature, and all
adjustments to the Consultant schedule.
(c). If instructed by the City, the Consultant shall change or revise work that has been performed, and if
such work is not required as a result of error, omission or negligence of the Consultant, the Consultant may be
entitled to additional compensation. The Consultant must submit for City approval a revised proposal with a
revised fee quotation. Additional compensation, if any, shall be agreed upon before commencement of any
such additional work and shall be incorporated into the work by Change Order to the Work Order.
SECTION 22: COMPENSATION.
(a). Compensation to the Consultant for the services performed on each Work Order shall be as set forth
the Work Order /Change Order or as set forth in Exhibit C which enumerates hourly rates and other charges of
the Consultant.
(b). The City shall not pay for reimbursable items such as gas, tolls, mileage, meals, etc. and other items
not directly attributable to items produced for each Work Order.
(c). Ali Work Orders are to include a 0.5% line item for reimbursables, an amount to be billed against for
unanticipated costs ordered by the City, such as additional copies, postage, etc. This line item is for use by
the City and shall only be billed against with prior approval of the Designated Representative.
(d). Work performed by the Consultant without written approval by the City's Designated Representative
shall not be compensated. Any work performed by the Consultant without approval by the City is performed at
the Consultant's own election.
Professional Services Agreement for Professional Real Estate Services
Page 12
(e). In the event the City fails to provide compensation under the terms and conditions of this Agreement,
the Consultant shall notify the City's Designated Representative in order that the City may take remedial
action.
SECTION 23: INVOICE PROCESS.
(a). Payments shall be made by the City to the Consultant when requested as work progresses for
services fumished, but not more than once monthly. Each Work Order shall be invoiced separately. The
Consultant shall render to the City, at the close of each calendar month, an itemized invoice properly dated,
describing all services rendered as Exhibit B, the Project Status Report Form, the cost of the services, the
name and address of the Consultant, Work Order Number, Contract Number and all other information
required by this Agreement.
(b). Invoices which are in an acceptable form to the City and without disputable items will be processed for
payment within thirty days of receipt by the City.
(c). The Consultant will be notified of any disputable items contained in invoices submitted by the
Consultant within fifteen days of receipt by the City with an explanation of the deficiencies.
(d). The City and the Consultant will make every effort to resolve all disputable items contained in the
Consultant's invoices.
(e). Each invoice shall reference this Agreement, the appropriate Work Order and Change Order if
applicable, the billing period, and include the Project Status Report for the period being billed. A Project
Status Report form is attached as Exhibit B.
(f). The Florida Prompt Payment Act shall apply when applicable.
(g). Invoices are to be forwarded directly to:
Tony Segreto
Public Works Director
City Of Oviedo
400 Alexandria Blvd
Oviedo, Florida 32765
SECTION 24: TERMINATION OF AGREEMENT.
(a). The City may terminate this Agreement, or any Work Order, for convenience at any time for one or
more of the reasons as follows:
(1). If, in the City's opinion, adequate progress under a Work Order is not being made by the
Consultant; or
(2). If, in the City's opinion, the quality of the services provided by the Consultant is /are not in
conformance with commonly accepted professional standards, standards of the City, the requirements of
Federal or State regulatory agencies, and the Consultant has not corrected such deficiencies in a timely
manner as reasonably determined by the City; or
(3). The Consultant or any employee or agent of the Consultant is indicted or has a direct charge
issued against him for any crime arising out of or in conjunction with any work that has been performed by the
Consultant; or
(4). The Consultant becomes involved in either voluntary or involuntary bankruptcy proceedings,
or makes an assignment for the benefit of creditors; or
(5). The Consultant violates the Standards of Conduct provisions herein or any provision of State
or local law or any provision of the City Code of Conduct.
Professional Services Agreement for Professional Real Estate Services
Page 13
(b). In the event of any of the causes described in this Section, the City's Designated Representative may
send a certified letter requesting that the Consultant show cause why the Agreement or any Work Order
should not be terminated. If satisfactory assurance is not received by the City within fourteen (14) calendar
days of the receipt of the letter that corrective measures will occurwithin a reasonable amount of time, the City
may consider the Consultant to be in default, and may immediately terminate this Agreement or any Work
Order in progress under this Agreement.
(c). In the event that this Agreement or a Work Order is terminated for cause and it is later determined
that the cause does not exist, then this Agreement or the Work Omer shall be deemed terminated for
convenience by the City and the City shall have the right to so terminate this Agreement without any recourse
by the Consultant.
SECTION 25: TERMINATION BY CONSULTANT FOR CAUSE.
(a). The Consultant may terminate this Agreement if:
(1). The City materially fails to meet its obligations and responsibilities as contained in Section 14;
City Rights and Responsibilities; or
(2). The City fails to pay the Consultant in accordance with this Agreement.
(b). In the event of either of the causes described in Subsection (a), the Consultant shall send a certified
letter requesting that the City show cause why the Agreement should not be terminated. If adequate
assurances are not given to the Consultant within fourteen calendar days of the receipt of said show cause
notice, the Consultant may consider the City to be in default, and may immediately terminate this Agreement.
SECTION 26: TERMINATION BY THE CITY WITHOUT CAUSE.
(a). Notwithstanding any other provision of this Agreement, the City shall have the right at any time to
terminate this Agreement in its entirety without cause, or terminate any specific Work Order without cause, if
such termination is deemed by the City to be in the public interest, provided that thirty (30) calendar days prior
written notice is given to the Consultant of the City's intent to terminate.
(b). In the event that this Agreement is terminated, the City shall identify any specific Work Order(s) being
terminated and the specific Work Order(s) to be continued to completion pursuant to the provisions of this
Agreement.
(c). This Agreement will remain in full force and effect as to all authorized Work Order(s) that is/are to be
continued to completion.
SECTION 27: PAYMENT IN THE EVENT OF TERMINATION.
In the event this Agreement or any Work Order is terminated or canceled prior to final completion payment for
the unpaid portion of the services provided by the Consultant to the date of termination and any additional
services shall be paid to the Consultant.
SECTION 28: ACTION FOLLOWING TERMINATION.
Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the
provision of all services, unless the notice provides otherwise.
SECTION 29: SUSPENSION.
(a). The performance or provision of the Consultant services under any Work Order under this Agreement
may be suspended by the City at any time.
Professional Services Agreement for Professional Real Estate Services
Page 14
(b). In the event the City suspends the performance or provision of the Consultants services hereunder,
the City shall so notify the Consultant in writing. Such suspension shall become effective upon the date stated
in the notice. The City shall pay to the Consultant within thirty (30) days all compensation which has become
due to and payable to the Consultant to the effective date of such suspension. The City shall thereafter have
no further obligation for payment to the Consultant for the suspended provision of services unless and until the
City's designated representative notifies the Consultant in writing that the provision of the services of the
Consultant called for hereunder are to be resumed by the Consultant.
(c). Upon receipt of written notice from the City that the Consultants provision of services hereunder are
to be resumed, the Consultant shall continue to provide the services to the City.
SECTION 30: ALTERNATIVE DISPUTE RESOLUTION (ADR).
(a) In the event of a dispute related to any performance or payment obligation arising under this
Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by
the City prior to filing suit or otherwise pursuing legal remedies.
(b) The Consultant agrees that it will file no suit or otherwise pursue legal remedies based on facts or
evidentiary materials that were not presented for consideration to the City in alternative dispute resolution
procedures or which the Consultant had knowledge and failed to present during the City procedures.
(c). In the event that City procedures are exhausted and a suit is filed or legal remedies are otherwise
pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator
selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the
parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation.
SECTION 31: SEVERABILITY.
(a). If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to
persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be
affected thereby, and each term, provision, and condition of this Agreement shall be valid and enforceable to
the fullest extent permitted by law when consistent with equity and the public interest.
(b). All provisions of this Agreement shall be read and applied in Pad Materia with all other provisions
hereof.
(c). Violation of this Agreement by the Consultant is recognized by the parties to constitute irreparable
harm to the City.
SECTION 32: CONTROLLING LAWS I VENUE I INTERPRETATION.
(a). This Agreement is to be governed by the laws of the State of Florida.
(b). Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit
Court in and for Seminole County, Florida.
(c). This Agreement is the result of bona fide arms length negotiations between the City and the
Consultant and all parties have contributed substantially and materially to the preparation of the Contract.
Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than
against any other party.
SECTION 33: INDEMNITY.
(a). To the fullest extent permitted by law, the Consultant shall indemnify, hold harmless, and defend the
City, its agents, servants, officers, officials, and employees, or any of them, from and against any and all
claims, damages, losses, and expenses including, but not limited to, attorneys fees and other legal costs such
as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert
Professional Services Agreement for Professional Real Estate Services
Page 15
witness testimony arising out of or resulting from the performance or provision of services required under this
Agreement, provided that same is caused in whole or part by the error, omission, negligent act, failure to act,
malfeasance, misfeasance, conduct, or misconduct of the Consultant, its agents, servants, officers, officials,
employees, or Subconsultants.
(b). In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the
Consultant for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged.
(c). Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth
in Section 768.28, Florida Statutes.
(d). In claims against any person or entity indemnified under this Section by an employee of the
Consultant or its agents or Subconsultants, anyone directly or indirectly employed by them or anyone for
whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a
limitation on amount or type of damages, compensation, or benefits payable by or for the Consultant or its
agents or Subconsultants, under Workers Compensation acts, disability benefits acts, or other employee
benefit acts.
(e). The execution of this Agreement by the Consultant shall obligate the Consultant to comply with the
indemnification provision in this Agreement; however, the Consultant must also comply with the provisions of
this Agreement relating to insurance coverages.
SECTION 34: INSURANCE.
(a). The Consultant shall obtain or possess and continuously maintain the following insurance coverage,
from a company or companies, with a Best Rating of A- or better, authorized to do business in the State of
Florida and in a form acceptable to the City and with only such terms and conditions as may be acceptable to
the City:
(1). Workers Compensation/Emplover Liability: The Consultant shall provide Worker
Compensation insurance for all employees engaged in the work under this Agreement in accordance with the
laws of the State of Florida. Employers' Liability Insurance at limits not less than the following: S
. ' °�!�
$100,000 Each Accident I°� ,/ Fs. 440 9J Z
�
$100,000 Disease Each Employee S� €� b 4 .
$500,000 Disease Aggregate
(2). Comprehensive General Liability: The Consultant shall provide coverage for all operations
including, but not limited to, contractual, independent Consultant, products and complete operations and
personal injury with limits not less than the following:
$1,000,000 Bodily Injury & Property Damage - each occurrence
$1,000,000 Personal & Advertising Injury - each occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregates limit
$ 5,000 Medical Payments
$ 100,000 Fire Damage Legal Liability
(3). Comprehensive Business Automobile Liability: The Consultant shall provide complete
coverage with a combined single limit of not less than $1,000,000 Bodily Injury and Property Damage in
accordance with the laws of the State of Florida, as to the ownership, maintenance, and use of all owned, non -
owned, leased or hired vehicles.
(4). Professional Liability: The Consultant shall provide professional liability insurance as well as
errors and omission insurance in a minimum amount of $1,000,000 CSL or its equivalent, with a combined
single limit of not less than $1,000,000, protecting the Consultant against claims of the City for negligence,
errors, mistakes, or omissions in the performance of services to be performed and furnished by the
Consultant.
Professional Services Agreement for Professional Real Estate Services
Page 16
(5) Other Required Insurance Coverage: Where unusual operations are necessary to complete
the work, such as Longshoremen and Harbor Workers' Exposures, use of aircraft or watercraft, use of
explosives, and any high risk circumstances. No aircraft, watercraft or explosives shall be used without the
express advance written approval of the City which may, thereupon, required additional insurance coverages.
(b). All insurance other than Workers Compensation and Professional Liability that must be maintained by
the Consultant shall specifically include the City as an additional insured. All insurance minimum coverages
extend to any subconsultant, and the Consultant shall be responsible for all Subconsultants.
(c). The Consultant shall provide Certificates of Insurance to the City evidencing that all such insurance is
in effect prior to the issuance of the first Work Order under this Agreement These Certificates of Insurance
shall become part of this Agreement. Neither approval by the City nor failure to disapprove the insurance
furnished by a Consultant shall relieve the Consultant of the Consultant's full responsibility for performance of
any obligation including the Consultant's indemnification of the City under this Agreement If, during the period
which an insurance company is providing the insurance coverage required by this Agreement, an insurance
company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes,
or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the Consultant shall, as soon as
the Consultant has knowledge of any such circumstance, immediately notify the City and immediately replace
the insurance coverage provided by the insurance company with a different insurance company meeting the
requirements of this Agreement Until such time as the Consultant has replaced the unacceptable insurer with
an insurance acceptable to the City, the Consultant shall be deemed to be in default of this Agreement.
(d). The insurance coverage shall contain a provision that requires that prior to any changes in the
coverage, except increases in aggregate coverage, thirty days prior notice will be given to the City by
submission of a new Certificate of Insurance.
(e). The Consultant shall provide Certificate of Insurance directly to the City's Designated Representative.
The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and
classification required by this Agreement.
(f). Nothing in this Agreement or any action relating to this Agreement shall be construed as the City
waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
(g). The City shall not be obligated or liable under the terms of this Agreement to any party other than the
Consultant. There are no third party beneficiaries to this Agreement.
(h). The Consultant is an independent Consultant and not an agent, representative, or employee of the
City. The City shall have no liability except as specifically provided in this Agreement.
(i). All insurance shall be primary to, and not contribute with, any insurance or self - insurance maintained
by the City.
SECTION 35: EQUAL OPPORTUNITY EMPLOYMENT / NON - DISCRIMINATION.
The Consultant agrees that it will not discriminate against any employee or applicant for employment for work
under this Agreement because of race, color, religion, sex, age, national origin, or disability and will take
affirmative steps to ensure that applicants are employed and employees are treated during employment
without regard to race, color, religion, sex, age, national origin, or disability. This provision shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or
termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship.
The Consultant, moreover, shall comply with all the requirements as imposed by the Americans with
Disabilities Act, the regulations of the Federal government issued thereunder, and any and all requirements of
Federal or State law related thereto.
SECTION 36: ACCESS TO RECORDS I AUDIT / PUBLIC RECORDS.
Professional Services Agreement for Professional Real Estate Services
Page 17
(a). The Consultant shall maintain books, records, documents, time and costs accounts, and other
evidence directly related to its provision or performance of services under this Agreement. All time records
and cost data shall be maintained in accordance with generally accepted accounting principles.
(b). The Consultant shall maintain and allow access to the records required under this Section for a
minimum period of five years after the completion of the provision or performance services under this
Agreement and date of final payment for said services, or date of termination of this Agreement.
(c). The City reserves the right to unilaterally terminate this Agreement if the Consultant refuses to allow
public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida
Statutes, and other applicable law, and made or received by the Consultant in conjunction, in any way, with
this Agreement.
(d). The City may perform, or cause to have performed, an audit of the records of the Consultant before or
after final payment to support final payment under any Work Order issued hereunder. This audit shall be
performed at a time mutually agreeable to the Consultant and the City subsequent to the close of the final
fiscal period in which services are provided or performed. Total compensation to the Consultant may be
determined subsequent to an audit as provided for in this Section, and the total compensation so determined
shall be used to calculate final payment to the Consultant. Conduct of this audit shall not delay final payment
as required by this Section.
(e). In addition to the above, if Federal, State, County, or other entity funds are used for any services
under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State
of Florida, or the County of Seminole, or any representative, shall have access to any books, documents,
papers, and records of the Consultant which are directly pertinent to services provided or performed under this
Agreement for purposes of making audit, examination, excerpts, and transcriptions.
(f). In the event of any audit or inspection conducted reveals any overpayment by the City underthe terms
of the Agreement, the Consultant shall refund such overpayment to the City within thirty days of notice by the
City of the request for the refund.
(g). The Consultant agrees to fully comply with all State laws relating to public records.
(h). The Consultant agrees that if any litigation, claim, or audit is started before the expiration of the record
retention period established above, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved and final action taken.
SECTION 37: COUNTERPARTS.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,
but all of which, taken together, shall constitute one and the same document.
SECTION 38: SUBMITTALS.
The following are items the Consultant must submit to the City as stated in this Agreement
a) Description of Services; Section 12.
b) Worker compensation insurance for all employees; Section 34, Paragraph (a) (1)
c) Certificates of insurance; Section 34, Paragraph (c)
d) Conflict of Interest Statement; Section 17, Paragraph (c)
This Agreement describes each item listed above in detail. All provided to the City must be accurate and
updated certifying the Consultant is proceeding correctly.
SECTION 39: EXHIBITS.
Professional Services Agreement for Professional Real Estate Services
Page 18
Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits
and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are
part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: the City through its City Council taking action on the 2nd day of, March,
2009, and the Consultant signing by and through its duly authorized corporate officer having the full and
complete authority to execute same.
The Triece Company
P.O. Box 530598
DeBary, FL 32753 -0598
Signatory Authority and Title, Signature
Signatory Authority and Title; Typed or Printed
7)�'4,4 /? 200
Date
ATTEST.
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Attesting Authority and Title; Signature
Attesting Authority and Title; Typed or Printed
17 Zosd
Date
City Of Oviedo
Richard Gestrich, City Manager
023, d00
Date
ATTEST:
P'.
ForN , � ,
: -.. L Mwwzweml
Approved s to form and legal sufficiency.
Sandra Ambrose, City Attomey
Date
Professional Services Agreement for Professional Real Estate Services
Page 19
THE TRIECE COMPANY
Real Estate Acquisition
EXHIBIT "N'
SCOPE OF SERVICES
REAL ESTATE BROKER
The City of Oviedo
The Contractor shall provide The City with professional real estate services required to plan,
negotiate the purchase/sale/lease as required, for assigned properties. The Contractor shall
provide the following real estate services as part of this Agreement:
1) Assist The City in their efforts to obtain construction plans, right of way maps, title
searches, title commitments, owner's title policies, appraisals, and appraisal reviews required for
the appraisal, acquisition and /or eminent domain use in the project. These items shall be provided
to The City by other independent contractors for use in the project. The City shall be responsible
for the payment of all charges for these items.
2) Attend meetings with City staff, their agents, City officials including public hearings,
property owners and all other panties involved in the project, at either the request of the City or
as part of the Contractor's work effort
3) Negotiate the purchase/saleAease of all parcels assigned by The City to the Contractor.
Obtain executed purchase agreements in accordance to the form and content as directed by The
City. Furnish The City with suit information in the form and content directed by The City on each
assigned property not purchased and identified by The City for the filing of an action under
Florida law for an order of taking.
4) Advise The City, and its staff in matters regarding the purchase, offers, claims,
counteroffers, discussions, and issues pertaining to the purchase/sale/lease of the assigned
property(ies).
5) Attend closings scheduled on purchases by The City at the request of The City.
6) Provide other real property services requested by The City to plan, implement, negotiate,
purchase, sale, lease and acquire the property assigned by The City.
7) Maintain professional courtesy in all contacts with property owners.
8) Provide The City with the original and/or a copy of all documents produced by The
Contractor as a result of the work assigned, if requested.
9). Attend depositions, trial preparation, act as factual witness, and assist in legal
proceedings under the direction of the City's attorney.
P.O. Box 530598 • DeBary, Florida 32753 -0598 • Telephone / Fax: (386) 668 -2553
E -mail: striece @bellsouth.net
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THE TRIECE COMPANY
Real Estate Acquisition
EXHIBIT "C"
FEES / REAL ESTATE COMMISSIONS
The City of Oviedo
1) Hourly Fee of $90.00 oer hour for all time worked including travel to meetings, site
visits, depositions, testimony, factual witness and appearances at legal proceedings, billed in
increments of no less than .25 hour.
2) Real Estate Commission in the amount of 2% of the gross contract ourchase
price paid by The CRy at closing an the Rurchase of all i;1roR2ft subject to the
WIowina In the event that a property seller has listed the property for sale with a real estate
broker, and/or the seller's real estate broker offers a cooperative real estate commission split to
real estate brokers and/or the seller offers to pay a real estate commission as part of the sale
transaction, then the portion of the real estate commission paid to The Triece Company, at
dosing, that exceeds 2% paid by The City, shall be remitted by the dosing agent to the account
of The City at dosing on the purchase. The remittance of any commission to The City shall be
disclosed to both seller and buyer by written statement contained within the contract for sale
and purchase of the property.
3) If the City of Oviedo either abandons the project, stops real estate acquisition work,
elects not to proceed with the purchase of a property, or for any other reason terminates the
project and does not complete the purchase of a property, then The Triece Company shall be
paid at the hourly rate stated in Item # 1, above, for all real estate services provided to the City of
Oviedo through the date of termination and/or notice to stop work. If the City of Oviedo
terminates the project, stops work, and/or elects not to dose on a purchase, but subsequently
within the following twelve (12) months proceeds to close on the purchase of any property
involved in the project, the real estate commission stated in Item #2, above, shall be paid by The
City to The Tried Company, at dosing on the purchase.
P.O. Box 530598 • DeBary, Florida 32753 -0598 • Telephone / Fax: (386) 668 -2553
E -mail: striece @bellsouth.net
STATE OF FLORIDA 12 - 11 - 2002
DEPARTMENT OF INSURANCE
DIVISION OF WORKERS' COMPENSATION
CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW
NON - CONSTRUCTION INDUSTRY EXEMPTION EXHIBIT "D"
INSURANCE CERTIFICATE /EXEMPTION
This certifies that the individual listed below has elected to be exempt from .
Florida Workers' Compensation Law.
EFFECTIVE 12/07/2002 EXPIRATION DATE N/A
PERSON TRIECE STEVEN M
SSN 242 -82 -1065
FEIN 592763845
BUSINESS THE TRIECE COMPANY
P BOX 530598
DEBARY FL 32753
NOTE: Pursuant to Chapter 440, 100) , (g), 2, F. S. , a sole proprietor, partner, or an
officer of a corporation who elects exemption from the Florida Workers'
Compensation Law may not recover benefits or compensation under Chapter 440.
PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE
STATE OF FLORIDA
DEPARTMENT OF INSURANCE
DIVISION OF WORKERS' COMPENSATION
NON — CONSTRUCTION INDUSTRY
CERTIFICATE OF EXEMPTION FROM FLORIDA
WORKERS' COMPENSATION LAW
EFFECTIVE 1210712002
EXPIRATION NIA
PERSON TRIECE STEVEN
ssNt: 242 -82 -1065
FEIN 592763845
BUSINESS: THE TRIECE COMPANY
P 0 BOX 530598
DEBARY FL 32753
w . F 71
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NOTE: Pursuant to chapter 440A0(1),(g),2, F.S.,
a sole proprietor, partner, or officer of an corporation
who elects exemption from the Florida Workers' Compensation
Law may not recover benefits or compensation under Chapter 440.
CUT HERE
* Carry bottom portion on the job, keep upper portion for your records.
ACORD
_ „, CERTIFICATE OF LIABILITY INSURANCE
3
10 UCER (407) 849 -0333 FAX: (407) 425 -5694
George Eidson Agency, Inc. dba Eidson
P.O. Box 540209
2807 Edgewater Dr
Orlando FL 32854
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
The Triece Company
P O BOX 530598
Debary FL 32753 -0598
INSURER A. Travelers Property
25674
INSURERMCNA - Real Estate Agents
INSURER C:
INSURER D
INSURERS
OVPRAGFS
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.
REG NTE LIMITS SHOWN MAY HALVE BEE 4 REDUCED BY PAID CLAIMS.
INSRADDT
TYPE OF INSURANCE
POLICY NUMBER
DAT M
DATE °WD n ON
LIMITS
A
GENERAL LIABILITY
X MERCIAL GENERAL LIABILITY
COM
CLAIMS MADE ❑X OCCUR
6801201MS82
4/1/2009
4/1/2010
EACH OCCURRENCE
$ 1,000,000
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$ 300,000
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GENE AGGREGATE
$ 2,000,000
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AUTOMOBILE
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COMBINED SINGLE LIMIT
(Esweldert)
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(Per Pam)
$
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(Par accaen9
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WORKERS COMPENSATION AND
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6/1/2009
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DESCRIPTION OF OPERATIONS /LOCATIONSIMICLES7EXCLUSIONS ADDED BY ENDORSEMENTISPECWL PROVISIONS
(407)971 -5822 ssheikh @cityofoviedo.net
City of Oviedo, Florida
Attn: Susan Sheikh / Contract Manager
650 S Central Blvd.
Oviedo, FL 32765
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
AUTHORIZEDREPRESENTATNE
Carroll Frazier /CMP
ACORD 25 (2001/08)
PUPCreated with pdfFactory Pro trial version www.adffactory.com
a ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the 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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
INS025 (=8).wa
Page 2 of 2
PDF created with pdfFactory Pro trial version www.i)dffactory.com
THE TRIECE COMPANY
Real Estate Acquisition
February 5, 2009
To: Barbara Taylor
Purchasing Coordinator
City of Oviedo
400 Alexandria Boulevard, First Floor
Oviedo, Florida 32765
RE: Request for Qualifications for Professional Real Estate Services
RFQ# 09-01
ACCEPTANCE OF ADDENDUM NO. 1
Dear Ms. Taylor:
I have been advised through Onvia Demandstar of the issuance of Addendum No.
1 by the City of Oviedo in response to questions posed by interested responders.
The conditions, statements and information contained therein are acceptable.
Please update my RFO response package previously delivered to your attention
with this acknowledgment.
Thank you for your assistance in this matter.
Respectfully,
The Triece C pa
Steven Triece, President
Licensed Real Estate Broker
Aft: Copy of Addendum No. 1
P.O. Box 530598 • DeBary, Florida 32753 -0598 • Telephone / Fax: (386) 668 -2553
E -mail: striece @bellsouth.net
ADDENDUM NO. 1
CITY OF OVIEDO
RFQ for Real Estate Services
TO: Prospective Bidders and Others Concerned:
This Addendum is in response to questions from interested bidders and forms a part of the
Contract Documents. Acknowledge receipt of this Addendum on the outside of the Proposal
envelope. .
1. Could you identify the projects that will be assigned to the
consultant/consultants under this contract and the approximate number of
parcels to be acquired?
On an as needed basis during the contract. There is no definite amount of
parcels at this time.
2. Will any of the projects involve FDOT participation and following FDOT
acquisition procedures?
Yes, this will apply depending on the funding source of the project.
3. Will the consultant be tasked with subcontracting the appraisal and title
services?
No. In most cases, the City will arrange for needed appraisals.
END OF ADDENDUM NUMBER 1
�cc
U
THE TRIECE COMPANY
Real Estate Acquisition
January 26, 2009
To: Barbara Taylor
Purchasing Coordinator
City of Oviedo
400 Alexandria Boulevard, First Floor
Oviedo, Florida 32765
RE: Request for Qualifications for Professional Real Estate Services
RFQ# 09-01
Dear Ms. Taylor:
Thank you for the opportunity to present this proposal to provide real estate
services required by the City of Oviedo, Florida I have provided real estate services to
local governments since 1987
Steven Triece is the President of The Triece Company and is authorized to conduct
business for the company. Contact information for The Triece Company is:
150 S. Charles Richard Beall Blvd., Suite # 4
PO Box 530598
DeBary, Florida 32753 -0598
Office Telephone and Fax: (386) 668 -2553
Cell: (386) 956 -2020
E -mail : striece @bellsouth.net
I understand that the City of Oviedo desires to contract with a qualified and experienced real
estate broker to provide real estate services necessary for the acquisition of property
required for City projects. The real estate broker will provide real property acquisition or
disposition seances as requested by the City. All contacts with City staff, City
Commissioners and property ownerslagents shall be conducted in a courteous
professional mariner and on a timely basis. All of the terms and conditions of the RFQ are
understood and acknowledged by the Proposer.
I look forward to the opportunity to serve.
Respectfully,
Tpe Triece Company
Seven riece, President
Licensed Real Estate Broker
P.O. Box 530598 - DeBary, Florida 32753 -0598 - Telephone / Fax: (386) 668 -2553
E -mail: striece @bellsouth.net
January 26, 2009
To: Barbara Taylor
Purchasing Coordinator
City of Oviedo
400 Alexandria Boulevard, First Floor
Oviedo, Florida 32765
RE: Request for Qualifications for Professional Real Estate Services
RFQ# 09-01
Dear Ms. Taylor:
Thank you for the opportunity to present this proposal to provide real estate
services required by the City of Oviedo, Florida. I have provided real estate services to
local governments since 1987.
Steven Triece is the President of The Tdece Company and is authorized to conduct
business for the company. Contact information for The Triece Company is:
150 S. Charles Richard Beall Blvd., Suite # 4
PO Box 530598
DeBary, Florida 32753 -0598
Office Telephone and Fax: (386 ) 668 -2553
Cell: (386 ) 956 -2020
E-mail: striece@bellsouth.net
I understand that the City of Oviedo desires to contract with a qualified and experienced real
estate broker to provide real estate services necessary for the acquisition of property
required for City projects. The real estate broker will provide real property acquisition or
disposition services as requested by the City. All contacts with City staff, City
Commissioners and property ownerstagents shat be conducted in a courteous
professional manner and on a timely basis. All of the terms and conditions of the RFQ are
understood and acknowledged by the Proposer.
I look forward to the opportunity to serve.
Respectfully,
The Triece Company
Steven Triece, President
Licensed Real Estate Broker
CORPORATE INFORMATION:
Type of Business:
The Triece Company is a sub chapter S Corporation (small business) organized
and incorporated in the State of Florida in 1987. Corporation records are current and
active with the State of Florida (see addenda for copy of print out).
FEIN:
Federal Employer Indentification Number # 59- 2763845
Principal:
Steven M. Triece, President of The Triece Company and Licensed Real Estate
Broker in the State of Florida will serve as the principal person for all work.
Corporate Information:
The Triece Company is properly registered with the Florida Real Estate
Commission as a licensed real estate brokerage and currentlactive with the
Secretary of State, Division of Corporations.
License Sanctions:
None.
QUALIFICATIONS / EXPERIENCE:
The Triece Company and Steven Triece, a licensed real estate broker/brokerage,
have provided real estate acquisition services since 1987 to governmental and corporate
entities acquiring property in order to constrwOmprove roads, utilities, buildings, airports,
trails, schools, colleges, celluar facilities, conservation land and community redevelopment
areas.
Education:
Master of Business Administration- Stetson University, Deland, Florida
Bachelor of Business Administration - Stetson University, Del-and, Florida
Other Experience:
Prior employment with the Florida Department of Transportation as a right of way specialist
and appraiser, and for Seminole County as their property acquisition coordinator, as well as
assisting Lee County in establishing County Lands office. Site development experience in
resort hotel and family entertainment pprroopp . Real estate lending and foreclosure
management/sale with Security First FedE�Savings and Loan.
License and Associations:
Licensed Real Estate Broker -State of Florida
Member of the Florida Association of Realtors
Member of the Central Florida Commercial Association of Realtors
Office Location:
2nd Floor of the Bank of America Building in DeBary, Florida.
List of Real Estate Projects (Past 5 Years)
Martin Landfill
Anderson Properties -Evans Street Public Works Complex
SR 434/SR426 City/County/FDOT Intedocal Road Project
Easements for Utilities
i • • 1i
Chapman Road -SR 426 to SR 434
Acquisition of twenty parcels for road improvement
Start in August 2008, in process
Cross Seminole Trail -Phase 3
Acquisition of six easements for new pedestrian trail
Start in 2006, Completed in 2007
Seminole Wekiva Trail SR 434 Pedestrian Underpass
Acquisition of easement through FDOT LAP for trail improvement
Start in 2005, Acquisition still in process
Bunnell Road and Eden Park Drive Road Improvement Project
Acquisition of fee /easements involving 46 properties for new road/sidewalks
Start in 2004, Completed in 2005
M W �_ • •
Consult on saWdisposal of Old Post Office Building
December 2008
City Police and Fire Complex
Study and acquisition of properties for new administrative center
Start in 2006, Completed in 2007
Acquisition of 4 properties for improvement of St. Johns Parkway
Start in 2002, Completed in 2003
• - '1
Real Estate Broker for the Community Redevelopment Agency
2002 through 2009
Purchase of site for new Fire Station on Seminola Blvd in 2002
Purchase of Hunterstield Water Plant for City in 2003
Purchase of lots for water retention required for North Winter Park Drive
project in 2004
Summerset Wall easements acquired for new privacy wall constructed
by City along Red Bug Lake Road in 2004
Acquisition of property required for the new extension of North Winter Park Dr.
Start in 2004, Completed in 2005
Purchase of Wilshire property for Fire Station in 2005
Real Estate Broker for the SR 100 Community Redevelopment Project
acquiring 30 properties for City redevelopment project in Town Center area
Start in 2006, Complete in 2008
Real Estate Broker for the Oki Kings Road Project- SR 100 north to
Palm Coast Parkway responsible for planning, coordination and acquisition of
property dedicated for project by property owners
Start in 2007, Complete in 2008
Palm Coast Parkway and Old Kings Hwy- McDonalds Store
Start in 2005, Complete 2006
Cypress Point Parkway Project- 5 parcels for improvement of road acquired by
donation from property owners.
Start in 2005, Completed in 2005
City of Lake Mary
City of Deland
City of Lake Helen
City of Apopka
City of Maitland
School Board of Seminole County
Volusia County Schools
Seminole Community College
St. Johns River Water Management District
Lee County
Osceola County
BellSouth Mobility
Florida Power and Light Company
Pulte Homes Corporation
Catholic Diocese of Orlando
AutoNation
APPROACH TO WORK AND PERFORMANCE
My firm will provide the real estate services to acquire or dispose of property identified by
the City of Oviedo as necessary for projects and services. My firm will be primarily
responsible for contacting property owners and negotiating the purchase of property.
Assistance with title searches, appraisals, consultations with staff, property owners, and
other consultants will be provided as requested. Steven Tdeoe will provide real estate
acquisition, disposition and leasing services.
Cost savings have been achieved in projects by working together with City staff and other
consultants to resolve issues related to property owner concerns, improve design, and
reduce construction costs. Coordination and communication with City staff, quakily review,
and the ability to handle the project work load is evidenced by past performance in local
projects such as the; City of Casselberry Community Redevelopment Area, City of Palm
Coast Town Center Redevelopment Area, St. Johns Parkway for the City of Sanford,
Bunnell Road ,Eden Park Drive and the SR 434 FDOT LAP project for the pedestrian
underpass at SR 434 and Markham Woods Road in Seminole County.
Benefits that my firm offer will offer to the City of Oviedo are:
*Reputation
*Local knowledge as resident and business owner
*Prompt response and service
*Broad experience in govemmental real estate acquisition
*Track record of successful project completion
*Conmkment to saving cost
McCollocb Road Paving A Improvement
Hi -Oaks Meat Purchase for Seminole County lateral Lands (Lockwood/McCulloch Road)
Seminole Community College Oviedo Campos (160 + acres) - Lockwood Road
Econlochhatchee River parcels for Smhwle County Natural Lauds (Lee site)
Red Bug Lake Road Phase 1l- Tuskawila Read to East of SR 417 (6reenway)
Seminole County Environments! Services Utilities Interconned Project
Evans Elementary School
Chiles Middle School
Haggerty High School
Cross Sesiuole Trail Joint 6reeuways and Seminole County 13 mile trail project (oviedo to Wider
Springs -CSII abandoned railroad bed)
Jena Point Traitbead -Joint Seminole County Natural Lands /Fbrida Dept of Community Affairs
Lake Jessup Parcels fur Seminole County Natural Lands Program
Black Hammock Properties for Sumino% County /St. Johns River water Mgt District Conservation
References:
Mark Gisclar
City of Casselberry
Telephone: 407- 262 -7725, ext. 1234
Sherman Yehl
City of Sanford
Telephone: 407-330-5604
Jim Landon
City of Palm Coast
Telephone: 386-986-3702
John Litton
City of Lake Mary
Telephone: 407 -585 -1419
Scott Stegall
Seminole County Public Schools
Telephone: 407- 320-0129
Carol Hunter
Seminole County Environmental Services Department
Telephone: 407 -665 -2021
Lonnie Groot
Stenstrom, McIntosh, Colbert, Whigham, & Partlow, PA
Telephone: 407- 322 -2171
Barbara Lipscomb
City of Casselber y
Telephone: 407- 262 -7700, ext 1100
ATTACHMENTS
Brochure
Brokerage Relationship Disclosure - Single Agent Notice
Statement of Insurance
Non - Collusion of Bidder
Disputes Disclosure Form
Drug -Free Workplace Certification Form
Certificate of Exemption From Florida Workers' Compensation Law
Accord Certificate of Liability Insurance
Certificate of Completion 2008 Quadrennial realtor Ethics Training Course
HUD Fair Housing Statement
Licenses
� F
V
SINGLE AGENT NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND
.
SELLERS THEIR DUTIES. As a single agent, 7 % -/ e- ! R.i e-u_ 0 — v!!IeG4yz
and its associates owe to you the following duties:
1. Dealing honestly and fairly;
2. Loyalty;
3. Confidentiality;
4. Obedience;
5. Full disclosure;
6. Accounting for all funds;
7. Skill, care, and diligence in the transaction;
8. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; and
9. Disclosing all known facts that materially affect the value of residential real property and are not readily observable.
Date
Signature
Copy returned to Customer on the �'6A day of Jan - , n0 by: X personal delivery 0 mail Q E -mail U facsimile.
This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR. REALTOR is a registered collective membership
mark which may be used only by real estate licensees who are members of the National Association of REALTORS and who subscribe to its Code of Ethics.
The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms.
BRD -6sa Rev. 7/06 ® 2006 Florida Association of REALTORs• All Rights Reserved
STATEMENT OF INSURANCE COMPLIANCE
The undersigned agrees to obtain prior to award, if selected, Professional Liability,
General Liability, Automobile Liability, and Worker's Compensation coverages in accordance
with the requirements as set forth in the Invitation for Proposal, Invitation to Bid, or Invitation
for Qualifications, or draft agreement, attached hereto.
Policies other than State Issued Worker's Compensation shall be issued only by companies
authorized by maintaining certificates of authority issued to the companies by the Department of
Insurance of the State of Florida to conduct business in the State of Florida and which maintain a
Rating of "A" or better and a Financial Size category of "VII" or better according to the A.M.
Best Company. Policies for Worker's Compensation may be issued by companies authorized as
a group self-insurer by F.S. 440.57, Florida Statutes.
—r
PROPOSER/BIDDER
AUTHORIZED SI ATURE
p ges-,de-M4
OFFICER TITLE
DAT
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL.
END OF SECTION
Request For Qualifications for iderviceso
NON - COLLUSION AFFIDAVIT OF BIDDER
STATE OF lvr,��
COUNTY OF V
S i Lr 7r 1 K; 2a- , being duly sworn, deposes and says
that:
1. He /She is CY'� r�n of ��C� - �n' the bidder
Title Company Name
that has submitted the attached bid or Request for Qualifications;
2. He/She is fully informed respecting the preparation and contents of the attached bid and
of all pertinent circumstances respecting such bid:
3. Such Bid is genuine and is not a collusive or sham bid;
4. Neither the said bidder nor any of its officers, partners, owners, agents, representative,
employees, or parties in interest, including this affiant, has in any way colluded,
connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit
a collusive or sham bid in connection with such Contract, or has in any manner, directly
or indirectly, sought by agreement or collusion or communication or conference with any
other bidder, firm, or person to fix the price or prices in the attached bid or any other
bidder or to fix any overhead, profit or cost element of the bid price or the bid price of
any other bidder, or to secure through any collusion, connivance, or unlawful agreement
any advantage against the City of Oviedo, Florida or any person interested in the
proposed Contract; and
The price or prices quoted in the attached bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or
any of its agents, representatives, owners, employ , or parties in interest, including this
affiant. f
SIGNED f f
TITLE (&; G4,4
,S UBSCRIBED AND SWORN TO BEFORE ME THIS 24A DAYOF 2009.
Notary Pub k, , State of lq6iida My Commission Expires:A
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL.
END OF SECTION
Request For Qualifications for «Services» M #� A 0
w okMU1
DISPUTES DISCLOSURE FORM
Answer the following questions by placing an "X" after "YES" or "NO". If you answer "YES", please
explain in the space provided, or via attachment.
Has your firmr or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulation or any other regulatory agency or professional
association within the l e ast five (5) years?
YES NO
Has your firm, or any member of your firm, been declared in default, terminated or removed
from a contract or job related to the services your firm provides in the regular course of business
within the last five (5) years?
YES NO X.
Has your firm had against it or filed any requests for equitable adjustment, contract claims, bid
protests, or litigation in the past five (5) years that is related to the services your firm provides in
the regular course of business?
YES NO
If yes, state the nature of the request for equitable adjustment, contract claim, litigation or
protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts or extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement
or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further
consideration of this Request for Qualifications, # 09 -01, Professional Real Estate Services.
ZOO
Finn V Date
kuthorized Signature and Title Printed or Typed Name and Title
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL
END OF SECTION
Request For Qualifications for «Services»
DRUG-FREE WORKPLACE CERTIFICATION FORM
IDENTICAL TIE BIDS -In accordance with Florida State Statutes Section 287.087, preference
- shall -be given to businesses with drug -free workplace programs. Whenever two or more bids
which are equal with respect to price, quality, and service are received by the State or by any
political subdivision for the procurement of commodities or contractual services, a bid received
from a business that certifies that it has implemented a drug -free workplace program shall be
given preference in the award process. Established procedures for processing tie bids will be
followed if none of the tied vendors have a drug -free workplace program. In order to have a
drug -free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services under
the bid a copy of the statement specified in subsection 1 above.
4. In the statement specified in subsection, 1 notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace
no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available to whom is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this entire section.
As the person authorized to sign this statement, I certify that this firm complies fully with the
abyye requirements.
Signature
Print Name and Title
s, Date: �
le
/_
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL -
END OF SECTION
Request For Qualifications for «Services» 10
12 -11 -2002
STATE OF FLORIDA
DEPARTMENT OF INSURANCE
DIVISION OF WORKERS' COMPENSATION
CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW
NON - CONSTRUCTION INDUSTRY EXEMPTION
This cer -tifies that the individual listed below has elected to be exempt from
Florida Workers' Compensation Law.
EFFECTIVE 12/07/2002 EXPIRATION DATE N/A
PERSON TRIECE STEVEN M
SSN 242 -82 -1065
FEIN 592763845
BUSINESS THE TRIECE COMPANY
P 0 BOX 530598
DEBARY FL 32753
NOTE: Pursuant to Chapter 440 . 10(1) , (g) , 2 , F. S . , a sole. pro rietor , partner, or an
officer of a corporation who elects exemption from the Florida Workers'
" ompensation Law may not recover benefits or compensation under Chapter 440.
PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE
STATE OF FLORIDA
DEPARTMENT OF INSURANCE
DIVISION OF WORKERS' COMPENSATION
NON - CONSTRUCTION INDUSTRY
CERTIFICATE OF EXEMPTION FROM FLORIDA
WORKERS' COMPENSATION LAW
EFFECTIVE
1110711001
EXPIRATION:
NIA
PERSON:
TRIECE STEVEN
SSR
141 -82 -1065
FEIN:
592763845
BUSINESS:
THE TRIECE COMPANY
P 0 BOX 530598
DEBARY FL 32753
oil
H
E
R
E
NOTE: Pursuant to chapter 440.10111,(g1,2, F.S.,
a sole proprietor, partner, or officer of an corporation
who elects exemption from the Florida Workers' Compensation
Law may not recover benefits or compensation under Chapter 440.
CUT HERE
* Carry bottom portion on the job, keep upper portion for your records.
M
ACORD CERTIFICATE OF LIABILITY INSURANCE si2oi2'�" o S
PRODUCER (407)849-0333 z139, Faz ( 407) 425 -5694 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
George Eidson en ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
q Agency, Inc. dba Eidson
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Boz 540209 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2807 Edgewater Drive
Orlando " " "'° FL 328540209 INSURERS AFFO DING COVERAGE NAIC 8
NBA°
iNsuRER A: Travelers Indemnity of
The Triece Company
LN"ERB: - Real Estate Agents
P 0 BOY 530598
INSURER
INSURER D:
Debary FL 327530598
INSURER
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED
NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDMON 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
MSR O'L'
Im mm TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVE POLICY EXPUTATLON
DATE 001111DOfM DATE LIMITS
GENERAL LIIABILITY 680120LK582
04/01/2008 04/01/2005 EACH O CC U RREN C E S 1,000,000
COMMERCIAL GENERAL LIABILITY
P MAG Tb RENIED S 300,000
A 3 CLAIMS MADE ® OCCUR
S 5,000
X
1,000,000
GENERAL AGGMATE S 2,000,000
GENL AGGREGATE UMIT APPLIES PER:
S 2
CY mm LOC
AUTOMOBILE
UULBIUrY
COMBINED SINGLE LIMIT
ANY AUTO
(Es mod)
S
BODILY RUURY
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per D"W)
S
BODILY INJURY
S
HIRED AUTOS
NON-OWNED AUTOS
(Per acddard)
PROPERTY DAMAGE
S
(Per acmdaa)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
OTHER THAN
s
ANY AUTO
S
AUTO ONLY:
EXCESSIUMBREL LA LIABILITY
S
AGGREGATE
S
OCCUR a CLAIMS MADE
S
S
DEDUCTIBLE
R ETENTION
WORKERS COMPENSATION AND
WC STATU- OTH-
ER
EMPLOYERS! UABIJTY
E - EACH ACCIDENT
S
ANY PROPRIETOR/PARTNEMEYECUTNE
OFFICER/MEMBER EJ(CLUDEDT
IT y4K delacnbe undo
EL DISEASE - EA EMPLOYE
E.L. DISEASE - POLICY LIMIT Is
jPECIAL PROVIMNS Delaw
B
OTHER Errors A Omissions
RUP27611999307
06/01/2007
06/01/2008
1,000,000 /1,000,000 $5000 dad
DEBCRIPTON OF OPERATIONSI LOCATIONSNENLCLE,7/EACLUIIONa ADDED BY DUCAL PROVISIONS
Certificate holder is listed as additional insured as respects general liability coverage.
Seminole County Government
Attn: Ms. Betsy Cohen, Procurement Super
Seminole County Services Bldg
3rd Floor- 1101 East First St
Sanford, FL 32771
I
ACORD 25 (2001 108)
IMQ"4 ,,..nom, .-.
SHOULD ANY OF THE ABOVE 069CROM POLICIES W CANCELLED I ED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING NBURER WILL ENDEAVOR TO MAIL
10 DAYS WLCrTEH NOTICE TO THE cmtnFICATE HOLDER HAYED To THE LEFT. BUT
FAILURE TO DO SD SHALL BIPOSE NO OBLIGATION OR UABILITY OF ANY HIND UPON THE
I AUTHOR® REPRESENYAIWE
Carroll Frazier /CMP �ie . r -«i..
a ACORD CORPORATION 1988
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E qual Housing Opp
A �: U DFpAR i11AENT OF NgUSING AHD URBAN DEVELOPMENT NATS
CA S �
REALTOR*
F ederal Fair Housing La i Co de for Equal Opportun
We Do Bamaest; In A ®repo— With dw Fair Haan" Act
(The Fair Housing Amendrnrnn Act d.,.
It is Blegal to Discriminate Against Any Person
Because of Rue. Color. Religion. Sex,
Handicap, FamtTial Straus, or National Origin
FORM NW4
s.bcdbes 10 the Policy that eglol OPIRRW itY in the acquiunion d hooting can beat be
ataarrphshd rhrouO lcadersh'A e:aoryle. education. and the maual coopenrwn d the
rW eiRM IrrdWly and the public. In the apry Of IAh erhdcavor. this bond p ada nts the
fdbaillg proreian din Csde for Equal Opponuoiy to.hidt each member a obfiytd to
adhere:
I. In the sale. purdur. exchange, rRWUL or lea -d teat propem. REALTORS• and their
REALTOR- ASSOCIATE•s love the rsspwnibiGn to offerequal xrvioe a all dienn
and pmQma wHhmu regard 10 ram, color. mbgicn, sea. handicap familial sorts or
ratio" —gin. This enmmpaves
A. Srandiry ready m rnmr brtrkerdient - IadorMipa or to allow property equally to
member d all rariat reliyrnu or ethnic grwpa
B. Reeivins all formal wr.lea otfen and mnnmunicatmg them to the uwncr.
C Eu mg tM4 bea eMau io co dude all tramact m
D. Mamtainhhg equal oppommity empbrnentpm.a
'— Members an ividualir and codccumW, in pedorming that agency fanloa have no ntht
or repmnibility to vdunteer idornatuun regarding the Mal. religiaat or ethnic
oampos.ion of any neighborhod or any pan sherd.
3. Member shall na enprge in am arrov.y which has the pure— of inducing pan. aging
I. Member had not print, dnplay, or dt adare any wremrnt or advenaweneru wish respect
m tae ask or rcnW da dwelling the mdiams any pnefenmm. limiratasm. or
di--.— bud on nae. color. religion. -.e hwWk p, lamihaf wttn a national
—P.
3. Member wh. —late the sprit or any provmen d that Cook for Equal Oppnuniny hall
be subject to d'odplinary aaior
77rare wftfd dry have harm dhrr. — daW—
roman an, rmmgenanr nfaro r #sre e,,he Rrra.d.,f
Ad¢ M 1WN ATONAL ASST X 7A'[UoW of REAL L rI IRS ". nrr!
• In the sale or renal d horning or • In the provoion of real estate brokerage
•
1
rtealentud loos ,
'j
. i
• In advcrteing the ak or renal d horsing • In the nppr-W of having
-
• In the finuking d housing . Blodtbau coal is also igeryf
t
'Anyone who feels he or she has been dicimmaad agaimt nav rite a osrnplainl of hawing
dismaunw n -th the:
US Depatvass of Hotraq ad Urban De.ewla—
. ..
A maom Senaasey for Fai Hort tt d Eq..l Oyer .."
W.ra.Vg D.G •AMtO
!tadsrail HUD Hoene
Y I'll
I NO-504M (TDO)
FORM NW4
s.bcdbes 10 the Policy that eglol OPIRRW itY in the acquiunion d hooting can beat be
ataarrphshd rhrouO lcadersh'A e:aoryle. education. and the maual coopenrwn d the
rW eiRM IrrdWly and the public. In the apry Of IAh erhdcavor. this bond p ada nts the
fdbaillg proreian din Csde for Equal Opponuoiy to.hidt each member a obfiytd to
adhere:
I. In the sale. purdur. exchange, rRWUL or lea -d teat propem. REALTORS• and their
REALTOR- ASSOCIATE•s love the rsspwnibiGn to offerequal xrvioe a all dienn
and pmQma wHhmu regard 10 ram, color. mbgicn, sea. handicap familial sorts or
ratio" —gin. This enmmpaves
A. Srandiry ready m rnmr brtrkerdient - IadorMipa or to allow property equally to
member d all rariat reliyrnu or ethnic grwpa
B. Reeivins all formal wr.lea otfen and mnnmunicatmg them to the uwncr.
C Eu mg tM4 bea eMau io co dude all tramact m
D. Mamtainhhg equal oppommity empbrnentpm.a
'— Members an ividualir and codccumW, in pedorming that agency fanloa have no ntht
or repmnibility to vdunteer idornatuun regarding the Mal. religiaat or ethnic
oampos.ion of any neighborhod or any pan sherd.
3. Member shall na enprge in am arrov.y which has the pure— of inducing pan. aging
I. Member had not print, dnplay, or dt adare any wremrnt or advenaweneru wish respect
m tae ask or rcnW da dwelling the mdiams any pnefenmm. limiratasm. or
di--.— bud on nae. color. religion. -.e hwWk p, lamihaf wttn a national
—P.
3. Member wh. —late the sprit or any provmen d that Cook for Equal Oppnuniny hall
be subject to d'odplinary aaior
77rare wftfd dry have harm dhrr. — daW—
roman an, rmmgenanr nfaro r #sre e,,he Rrra.d.,f
Ad¢ M 1WN ATONAL ASST X 7A'[UoW of REAL L rI IRS ". nrr!
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STATE O_F FLORIDA.
LOCATION
- DEPARTMENT OF- BUSINESS -AND PROF'ESS20NAL
REGULATION:
CHM.CM.
•D ?O jw. �t -.-rr
_- SEQ# Z0- 7070201891
-
ty�t i. µ d •r l .
TOO T212.0
3 +"+
ity to perform the service in which he is licensed.
:07 07OQ0:0.915: _
C 2'48599? = ~ _;r: -
,The,- CORPORATZON
AC;f<
J
�•
STATE O_F FLORIDA.
LOCATION
- DEPARTMENT OF- BUSINESS -AND PROF'ESS20NAL
REGULATION:
CHM.CM.
•D ?O jw. �t -.-rr
_- SEQ# Z0- 7070201891
-
ACCOUNT NUMBER
TOO T212.0
DICENSE NBR
AC;f<
-
STATE O_F FLORIDA.
LOCATION
- DEPARTMENT OF- BUSINESS -AND PROF'ESS20NAL
REGULATION:
- -
- - _ DMV=ON OR l REAL. -. ESTATE =_
_- SEQ# Z0- 7070201891
petency card and is not meant to be a certification of the holders abil.
ACCOUNT NUMBER
TOO T212.0
DICENSE NBR
ity to perform the service in which he is licensed.
:07 07OQ0:0.915: _
C 2'48599? = ~ _;r: -
,The,- CORPORATZON
Named below- HAS" REGISTERED
TTnder``the•_'p = ax. 'sions
of. Chapt 4Z5 ES'.�`�
o a
xpiration date: SEP
30, 2009; • i
engage in the business, profession or occupation at address
cow
of Law
stated for period ending on the 30th day of September, - , • • :..
3 C.
THE' : TRIECE:_ COMPANY.
-
The Issuance of this business tax receipt does not con e a
15 0 • V. S HWT'- L7-92 NCNB.
BK- HLDG
DEBART
FL 32713 - 0584,-"'
-
CHARLIE "GRIST':
ordinances.
HOLLY BENSON =
- GOVERNOR
Z DIS PLAY JAS- REQUIRED LAW
SECRETARY - = --
PROPERTYTAX RETURN PRIORTO APRIL 1ST EZZEAR.
STATE OF FLORIDA
VOLUSIA COUNTY BUSINESS TAX RECEIPT
W H
�Y -
TO:
W� !� i
ix°
IJ
STATE NUMBERS. COUNTY NUMBERS I A-A [ CTTY NUMBER
DUE SEPT. 1st.
�
LOCATION
This receipt represents a business tax only. It is not a com-
W -
j 11
petency card and is not meant to be a certification of the holders abil.
ACCOUNT NUMBER
ity to perform the service in which he is licensed.
The individual or firm named below is hereby authorized to
o a
secnoN
engage in the business, profession or occupation at address
cow
of Law
stated for period ending on the 30th day of September, - , • • :..
3 C.
3
+ i p A C;: 5 5 i; i ,t L
The Issuance of this business tax receipt does not con e a
- = o
.) :
permit to act in violation of any county codes, regulations, or
=' W =
U1
• * 1 J ; a L ? : 1 i * x
:; . D '
ordinances.
W H
�Y -
TO:
W� !� i
ix°
IJ
STATE NUMBERS. COUNTY NUMBERS I A-A [ CTTY NUMBER
Request Bid Package - Onvia Demand5tar
User: Triece, Steven Organization:
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TABLE OF CONTENTS
Description Page No.
LEGAL AD .......................................................................................... ...............................
..............
REQUEST FOR QUALIFICATIONS # 09- 01 ............................................... ............................... 2
STANDARD INSURANCE REQUIREMENTS ............................................ ............................... 6
STATEMENT OF INSURANCE COMPLIANCE ........................................ ............................... 7
NON - COLLUSION AFFIDAVIT OF BIDDER ............................................ ............................... 8
DISPUTES DISCLOSURE FORM ................................................................. ............................... 9
DRUG -FREE WORKPLACE CERTIFICATION FORM ......................... ...................:........... 10
Request For Qualifications for «Services»
PURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
To: City Clerk
RE: The Triece Co., Executed Contract
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
Mayor's signature
Recording
Rendering
Safe keeping (Vault)
Once completed, please:
❑ Return original
❑ Return copy
® Original Contract
Special Instructions:
For safe keeping
Payment Bond
City Manager Signature
City Clerk Signature
Please advise if you have any questions regarding the above.
Thank you!
From
Date
TADept_ forms \City Clerk Transmittal Memo - 2009.doc
a.
-1s N
DocumENT APPROVAL
Contract/Agreement Name:
Approval:
J�.)ec e
Department Director
L4-0� A -r.- L,-,.8 s �Lw
Financ Director
X ityttorney
Date
Date
l :5
vVl v
Date