2294 PBA 20/21-16 Real Estate and Consult Svcs - piggyback w/TrieceThe item(s) noted below is/are attached and forwarded to your office for the following action(s):
F-1
Development Order
F-1
Mayor's signature
F-1
Final Plat (original mylars)
F-1
Recording
❑
Letter of Credit
❑
Rendering
❑
Maintenance Bond
Z
Safe keeping (Vault)
❑
Ordinance
❑
Deputy City Manager
F-1
Performance Bond
❑
Payment Bond
F-1
Resolution
❑
City Manager Signature
City Clerk Attest/Signature
❑
City Attorney/Signature
Once completed, please:
El Return originals to Purchasing- Department
F-1 Return copies
El
Special Instructions
Li4� 13oja-,kzi4ev-
From
SliarePoiiit—Fitiaiice—PLIrcliasitig_Fornis - 2018.doc
11412-021
Date
The Triece Company Piggyback Contract (PBA 20/21-16)
(Real Estate Brokerage And Consulting Services)
The City of Sanford ("City") enters this "Piggyback" Contract with The Triece
Company, a Florida corporation (hereinafter referred to as the "Vendor"), whose principal
and mailing address is 5037 Bella Terra Drive, Venice, Florida 34293, under the terms
and conditions hereinafter provided. The City and the Vendor agree as follows:
(1). The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a term contract with
the government of Osceola County, Florida, said contract being identified as
"Agreement For Real Estate Brokerage And Consulting Services" (assigned a
procurement number being LOI-18-9796-KR) relating to the procurement of real
estate brokerage and consulting services and related goods and services, as may
have been amended, in order for the Vendor to provide goods and services relating
to the City's need for real estate brokerage and consulting services and related goods
and services (said original contract being referred to as the "original government
contract" which is based upon procurement activity conditions).
(2). The original government contract documents are incorporated herein by
reference and attached as Exhibit "A" to this Contract. All of the terms and conditions
set out in the original government contract are fully binding on the parties and said
terms and conditions are incorporated herein; provided, however, that the City will
negotiate and enter work orders/purchase orders with the Vendor in accordance with
City policies and procedures for particular goods and services.
11 P a g e
(3). Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
(a). Time Period ("Term") of this Contract: (state N/A if this is not applicable).
N/A.
(b). Insurance Requirements of this Contract: (state N/A if this is not
applicable). Same insurance requirements with the City being the beneficiary of the
coverages required.
(c). Notwithstanding anything in the original government contract to the
contrary, the City's terms and conditions relating to the issuance of purchase orders
or work orders, or referenced in such documents, shall prevail over any inconsistent
provisions of the original government contract.
(d). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, City Hall, 300 North Park
Avenue; Sanford, Florida 32771. The City Manager's designated representative for this
Contract is Marisol Ordofiez, Purchasing Manager, Finance -Purchasing Division, City
Hall, 300 North Park Avenue; Sanford, Florida 32771, telephone number (407) 688-5028
and whose e-mail address is Marisol.ordonez@sanfordfl.gov.
(e). Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between
2 1 P a g e
the parties arising out of this Contract shall be in Seminole County, Florida in the Court
of appropriate jurisdiction. The law of Florida shall control any dispute between the parties
arising out of or related to this Contract, the performance thereof or any products or
services delivered pursuant to such Contract.
(f). Notwithstanding any other provision in the original government contract to
the contrary, there shall be no arbitration with respect to any dispute between the parties
arising out of this Contract. Dispute resolution shall be through voluntary and non-binding
mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole
County, Florida, with the parties bearing the costs of their own legal fees with respect to
any dispute resolution, including litigation.
(g). Notwithstanding any other provision in the original government contract to
the contrary, the Vendor shall provide the City with most favored nation pricing.
(h). All the services to be provided or performed shall 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 agency.
(i). Public Records Requirements.
CONTRACTORIVENDOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S
%TJ A g I III*] amm wt gmi!i`•111111 -1 � 1� p 1it1 11111 ; l I z4:10191 :4 1*9
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012$
3 1 P a g e
TRACI HOUCHIN, MMC, FCRM, CITY CLERK, CITY OF
SANFORD, CITY HALL, 300 NORTH PARK AVENUE,
SANFORD, FLORIDA 327711
TRACI.HOUCHIN@SANFORDFL.GOV.
(11). In order to comply with Section 119.070 1, Florida Statutes,
public records laws, the Vendor must:
(A). Keep and maintain public records that ordinarily and
necessarily would be required by the City in order to perform the
service.
(B). Provide the public with access to public records on the
same terms and conditions that the City would provide the records
and at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law.
(C).Ensure that public records that are exempt or
confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
(D).Meet all requirements for retaining public records and
transfer, at no cost, to the City all public records in possession of
the Vendor upon termination of this Contract and destroy any
duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is
compatible with the information technology systems of the City.
4 1 P a g e
(111). If the Vendor does not comply with a public records
request, the City shall enforce the provisions of this Contract in
accordance with the terms and conditions of this Contract.
(IV). Failure by the Vendor to grant such public access and
comply with public records requests shall be grounds for immediate
unilateral cancellation of this Agreement by the City. The Vendor shall
promptly provide the City with a copy of any request to inspect or copy
public records in possession of the Vendor and shall promptly provide
the City with a copy of the Vendor's response to each such request.
0). All other provisions in the original government contract are fully binding on
the parties and will represent the agreement between the City and the Vendor.
Entered on the last date of a signatory hereto as set forth below.
SIGNATURE BLOCKS FOLLOW:
5 1 P a g e
Witnesses:
4,
Witness Signature
Printed Name: be4irc (rica
Attest:
Approved as to form and legal sufficiency.
a
The Triece Company, a Florida
cor ation.
By:
:
Steven M. Triece
Sole Corpora Officer
Date: i �Zl.—
6 1 P �i fl -
Exhibit "N'
[Attach original government contract documents]
7 1 P a g e
THIS AGREEMENT is made by and between OSCEOLA COUNTY, a political
subdivision of the. State. of -Florida, I Courthouse Square, Kiss . i'mmee,'Florida,34741, hereinafter
referred to as the "COUNTY",. and The Triece Company, 214 Chestnut Ridge Street, Winter
Springs, Florida 32708, hereinafter referred to as the "CONSULTANT".
WITNESSETH.
WHEREAS, the COUNTY has competitively solicited for Real Estate Brokerage and
Consulting Services, pursuant to LOI- I 8 -9796 -KR; and
WHEREAS, the CONSULTANT has exhibited by its response to the solicitation that it is
capable of providing the required services; and
WHEREAS, the parties hereto have agreed to the terms and conditions cited herein based
on said solicitation.
NOW, THEREFOREJn consideration of the mutual covenants, terms, and provisions
contained herein, the parties agree as follows:
SECTION 1. TERM.
The term of this Agreement, shall begin on the date of Board approval and continue for a
period of three (3) years, and may be extended when in the best interest of the County.
SECTION 2. SCOPE, OF SERVICES.
The CONSULTANT will furnish and install all necessary labor, materials, and equipment
to complete the services set forth in,'Exhibit "All which is attached hereto and incorporated herein.
SECTION 3. QBLIGATIQNS OF THE CQNSIJLTANT.
Obligations of tbe,CONSULTANT shall include, but not be limited to, the following:
A. It is understood that the CONSULTANT shall provide and pay for all. labor, tools,
materials, permits, equipment, transportation, supervision, and any and all other
items or services, of any type whatsoever, which are necessary to fully complete
and deliver the services rvices requested by the COUNTY, and shall not have the authority
to create, or cause to be filed, any liens for labor and/or materials on, or against, the
COUNTY, or any property owned by the COUNTY. Such lien, attachment, or
encumbrance, until it is removed, shall preclude any and all claims or demands for
any payment expected by virtue of this Agreement.
Rev 07-J61
B. The.CONSULTANT will ensure that all of its employees,, agents, sub -contractors,
representatives, volunteers, and the like, fully comply with all of the terms and
L
conditions set herein, when providing services for the COUNTY in accordance
herewith.
C. The CONSULTANT- shall be a solely responsible for the means, methods,
techniques, sequences, safety programs, and procedures necessary to properly and
fully complete the work set forth in the Scope of Services.
D. The CONSULTANT will 'maintain an adequate and competent staff, and remain
authorized. to do'business within the State of Florida. The CONSULTANT may
subcontract the services requested1by the COUNTY; however, the CONSULTANT
is fully responsible forthe satisfactory completion of all subcontracted work.
SECTION 4. STANDARD OF CARE.
A. The CONSULTANT
ULTANT has represented to the COUNTY that it possesses a level of
knowledge, experience, and expertise that is commensurate with firms in the areas
of practice required for the services to be provided. By executing this Agreement,
the CONSULTANT agrees that the CONSULTANT will exercise that degree of
care, knowledge, skill, and ability, as any other similarly situated CONSULTANT
possessing the degde of skill, knowledge, experience, and expertise within the
local area, workingon similar activities. The CONSULTANT shall perform the
services requested in an efficient manner, consistent with the COUNTY's stated
scope of services and industry standards.
I
B. The CONSULTANT covenants and agrees that it and its employees, agents, sub-
contractors, representatives, volunteers, and the like, shall be bound by the same
standards of conduct as stated abolve.
SECTION 5. COMPENSATION.
A. The amount.to be paid under this Agreement,for serviceswill be in accordance with
approved Task Authorizations as described in Exhibit "B" and the fee schedule set
forth in, Exhibit "Ci which are attached hereto and made a binding part hereof.
B. Compensation for services completed by the CONSULTANT will be paid in
accordance with section 218.70, Florida Statutes, Florida's Prompt PayiTient Act.
C. Services to be performed in accordance with this Agreement are subject to the
annual appropriation of funds by the COUNTY. In its sole discretion, the
COUNTY reserves the right to forego use of the CONSULTANT for any project
which may 'fall within the Scope of Services listed herein. In the event the
COUNTY is not satisfied with the services provided by the CONSULTANT, the
Rev 07-162
COUNTY Will hold any amounts due until such, time, as the CONSULTANT has
appropriately 'addressed the problem.
SECTION 6. TERMINATION.
Either party may terminate this Agreement, with or without cause, given thirty (30) days
written notice to theother party..
SECTION 7. PAYMENT WHEN SERVICES ARE TEIRMMATED.
A. In the event of termination of this Agreement by the COUNTY, and not due to the
fault of the CONSULTANT, the COUNTY shAll',compensate the CONSULTANT
for all services performed prior to the effective date cif termination.
B. In the
e event -of' termination of this Agreement due to the fault of the
CONSULTANT, or at the written request of the CONSULTANT, the COUNTY
shall compensate
iperisate the CONSULTANT for all services completed, prior to the
effective, date of termination, which have resulted'in.'a usable product, or otherwise
tangible benefit to the COUNTY. All such payments,shall be subject to an off -set
for any damages incurred by the COUNTY resulting from any delay occasioned by
early termination. This provision shall in no way be, construed as the sole remedy
available to the, COUNTY in the event of breach by the CONSULTANT.
SECTION 8. INSURANCE.
A. The CONSULTANT shall not commence any work in connection with this
Agreement until it'has obtained all of the following types of insurance and has
provided proof of same to the COUNTY, in the' form of a certificate prior to the
start of any work, nor shall the CONSULTANT allow any subcontractor to
commence work on its subcontract until all similar insurance required of the
subcontractor has been so obtained and approved. All insurance policies shall be
with insurers qualified and doing business in Florida..
Rev 07-163
B. The CONSULTANT shall maintain the following types of insurance, with the
respective minimum limits:
GENERAL LIABILITY_- One Million Pot - lars ($1,000,000) any single
occurrence,
a. Damage to Rented Premises — Fifty, Thousand Dollars ($50,000) any
single occurrence;
b. Medic-AlExpense — Five Thousand Dollars, (55,000) Any one person;
c. Persoplal-kAdvertising Injury — One Million ]Jon Dollars ($ 1,000,000)
2. EXCESS/UMBRELLA COVERAGE — One Million Dollars ($1,000,000);
3. ' PROFESSIONA,L,LIABILITY —One Million. Dollars ($1,000,000);-
C. The CONSULTANT shall name the "Osceola 'County Board of County
Commissioners" as additional insured, to the extent of the services to be Provided
hereunder, on aff requited.insurance policies, and provide the COUNTY with proof
of same.
D. The CONSULTANT shall provide the COUNTY'S Procurement Services with a
Certificate of Insurance evidencing such coverage for the duration of this
Agreement. Said 'Certificate of Insurance shall be dated and show:
1. The nameof the insured CONSULTANT,
2. The specifiedjob by name and job number,.
3. The name
e ofth ' e insurer,
4. The number of the policy,
5. The effective date,
6. The termination date,
7. A statement that the insurer will mail notice to the COUNTY at least thirty
M).days prior to any material changes in the provisions or cancellation of
the p€ticy.
8. The Certificate 'Holders Box must read as follows. Any other wording in
E. Receipt of certificates or other documentation of insurance Or policies Or Copies Of
policies by the COUNTY, or by any of its representatives, which indicates less
coverage than is required, does not constitute a waiver ofthe CONSULTANT's
obligation to fulfill the insurance requirements specified herein.
Rev 07-164
F. The,CONSULTANT shall ensure that any sub-contractof(s), hired to perform any of
the duties -contained in the Scope of Services of this Agreement, maintain the same
insuraineerequirements set forth herein. In addition, the CONSULTANT shall
maintain, proof of same oil file and made readily 'available upon request by the
COUNTY.
H. The COUNTY shall be exempt from, and in no way liable for, any sums of money
which may represent a deductible in any insurance policy. The payment of such
deductible shall be the sole responsibility of 'the CONSULTANT and/or
subcontractor providing such insurance.
All insurance, carriers shall have an AM Best Rating of at least A- and a size of
VII or larger. The General Liability and Workers" Compensation policies shall
have a waiver of subrogation in favor of Osceola County. The liability policies
shall be Primary/Nona-Contributory.
SECTION 9. COUNTY OBLIGATIONS.
At the CONSULTANT's request, the COUNTY agrees to provide, at no cost, all pertinent
information known to be available to the COUNTY to assist the CONSULTANT in providing and
performing the required services.
SECTION 10. ENTIRE AGREEMENT.
This Agreement, including referenced exhibits and attachments hereto, constitutes the
entire agreement between the parties and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matters set forth herein, and any such
prior agreements or understandings shall'have no force or effect whatsoever on this Agreement.
SECTION It. APPLICABLE LAW, VENUE, JURY TRIAL.
The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in
Osceola County, Florida. The parties hereby waive their right to trial by jury in any action,
proceeding or claim,: arisingout,of this Agreement, which may be brought by either of the parties
hereto.
SECTION 12. PUBLICRECORDS.
I I
A. IF I THE CONTRACTOR HAS QUESTIONS REGARDING THI
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGRE9MENT, CONTACT
17HE CUSTODIAN OF PUBLIC RECORDS AT THE
Rev 07.165
Public Information Office
I Courthouse Square, Suite 3 100
Kissimmee, Florida 34741
407-742-0100
BCCPIO@,osceola.ory
B. 'Die CONSULTANT understands that by virtue of this Agreement all of its
documents; records, and materials of any kind, relating to the relationship created
hereby, shall be opcn.to the public for inspection is accordance with Florida law,
If CONSULTANT will act on behalf of the COUNTY, as provided under section
119.011(2), Flori'da:Statutes, the CONSULTANT, subject to the terms of section
287.058(l)(c), Florida Statutes, and any other applicable legal and equitable
remedies, shall:
1. Keep and Maintain public records required by the COUNTY to perform the
service.
2. Upon request1rom the COUNTY'S custodian of public records, provide the
COUNTY with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed
the. cost provided by Florida law.
1 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the CONSULTANT does not transfer the
records to the, COUNTY.
4. Upon completion of the contract, transfer, at no cost, to the COUNTY all
public: records in possession of the CONSULTANT or keep and maintain
public records required by the COUNTY 'to perform the service. If the
CONSULTANT transfers all public records to the COUNTY upon
completion of the contract, the CONSULTANT shall destroy any duplicate
public records that are exempt or confidential and exempt from public
records disclosure requirement. If the CONSULTANT keeps and maintains
public records upon completion of the contract, the CONSULTANT shall
meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the COUNTY, upon request from
the COUNTY'S custodian of public records, in a format that is compatible
with the, information technology systems of the county.
Rev 07-166
5. � if the CONSULTANT does not comply with a public records request, the
QOLNMY shall enforce the contract provisions in accordance with the
contract.
This Agreernenidoes,not create an employeelemployer relationship between the parties. It
is the parties' intention that the CONSULTANT, its employees, sub -contractors, representatives,
volunteers, and the like, will be an independent contractor and not an employee of the COUNTY
for.all purposes, includin&'but not limited to, the application of the following, as amended: the
Fair Labor Standards- Act -minimum wage and overtime payments, the Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of
the Internal Revenue Code, the State of Florida revenue and taxation laws. the State of Florida
workers" compensation iaws,,thc: State of Florida unemployment insurance laws, and the Florida
Retirement System benefits. The CONSULTANT will retain sole and. absolute discretion in the
judgment of the manner and means of carrying out the CONSULTANT's activities and
responsibilities hereunder.
SECTION 14. APPLJCkBL! E, LICENSING.
The CONSULTANT, at, its sole expense, shall obtain all required federal, state, and local
licenses, occupational and otherwise, required to successfully provide the services set forth herein.
SECTION 15. COMPLIANCE WITH ALL LAWS.
The CONSULTANT,, at its:sale expense, shall comply with all laws, ordinances, judicial
decisions, orders, and regulations of federal, state, county, and municipal governments, as well as
their respective departmehts, commissions., boards, and officers, which are in effect at the time of
execution of this Agreernefit,ot are adopted at any time following, the execution of this Agreement.
SECTION 16. INDEMNIFICATION.
The CONSULTANT agrees to be liable for any and all damages, losses, and expenses
incurred, by the COUNTY,, caused by the acts and/or omissions of the CONSULTANT, or any of
its employees,, agents, sub -contractors, representatives, volunteers, or the like. The
CONSULTANT agrees toIndemnify, defend and hold the COUNTY harmless for any and all
-claims, suits, judgments or damages, losses and expenses, including butnot limited to, court costs,
expert witnesses,, consultation services and attorney's fees, arising from any and all acts and/or
omissions of the CONSULTANT, or any of its employees, agents, sub -contractors,
representatives, volunteers; or the like. Said indemnification, defense, and hold harmless actions
shall not be limited by any insurance amounts required hereunder.
Rev 07-167
SECTION 17. SOVEREIGN IMMUNITY.
The COUNTY expressly retains all rights, benefits and immunities of sovereign immunity
in accordance with Section 768.28, Florida Statutes. Notwithstanding, anything set forth in any
section, article or parAgfdph of this Agreement to the contrary, nothing, in this Agreement shall be
deemed as a Nvaiver, of sovereign immunity or limits of liability which may have been adopted by
the Florida Legislature or may. be adopted by the Florida Legislature, and the cap on the amount
and liability of COUNTY for damages, attorney fees and costs, regardless of the number or nature
of claims in tort, equity or contract; shall not exceed the dollar amount set by the Florida
Legislature for tort. Nothing in this Agreement shall inure to the -benefit of any third party for the
purpose of allowing any claim against the COUNTY which would otherwise be barred under the
Doctrine of Sovereign,lmmun.ity or operation of law.
SECTION 18. BANKRUPTCY OR INSOLVENCY.
If the CONSULTANT shall, file a Petition in Bankruptcy, or if the same shall be adjudged
bankrupt or insolvent by any Court, or if a receiver of the propertyofthe CONSULTANT shall be
appointed in any proceeding brought by or against the CONSULTANT, or if the CONSULTANT
shall make an assignment 'for the benefit of creditors, or proceedings shall be commenced on or
against the CONSULTANT's operations of the premises, the COUNTY may terminate this
Agreement immediately notwithstanding the notice requirements of Section 6 hereof.
SECTION 19. BINDING EFFECT.
This Agreement shall be binding upon and ensure to the benefit of the parties hereto, their
heirs, personal representatives, successors, and/or assigns.
SECTION 20. ASSIGNMENT.
This Agreement shall only be assignable by the CONSULTANT upon the express written
consent of the COUNTY.
SECTION 21. SEVERABILITY.
All clauses found,herein shall act independently of each other. If a clause is found to be
illegal or unenforceable, 'it shall have no effect on any other provision of this Agreement. It is
understood by, the parties hereto
o that if any part, term, or provision of this Agreement is by the
courts held to be,illegal or -in conflict with any law of the State of Florida or the United States, the
validity of the remaining.portions or provisions shall not be affected,. and the rights and obligations
of the parties 'Shall be construed and enforced as if the Agreement did not contain the particular
part, term, or provision held to be invalid.
Rev 07-16$
SECTION 22. WAIVER.
Failure of the parties, to insist upon strict performance of any of the covenants, terms,
provisions, or conditions of this Agreement, or to exercise any right or option, herein contained,
shall not be construed as a waiver or a relinquishment for the ffiture of any such covenant, term,
provision, condition, orright of election, but same shall remain in full force and effect.
SECTION 23. NOTIC.R.
The parties hereto agree and understand that written notice, mailed or delivered to the last
known mailing address, shall constitute sufficient notice to the COUNTY and the
CONSULTANT. All notices required and/or made pursuant, to this Agreement to be given to the
COUNTY and the CONSULTANT shall be in writing and given. by way of the United States
Postal Service, first class mail; postage prepaid, addressed to the following addresses of record:
COUNTY: Osceola County
Attention: Procurement Services
I Courthouse Square, Suite 2300
Kissimmee, Florida 34741
CONSULTANT:The Triece Company,
Attention: Steven Triece
'214 Chestnut Ridge Street
Winter Springs, Florida, 32708
SECTION 24. MODIVICAVON.
The covenants, terms, and provisions of this Agreement may be modified by way of a
written instrument, mutually accepted by the parties hereto. In the event of a conflict between the
covenants, terms, and/or provisions of this Agreement and any written Amendnient(s) hereto, the
provisions of the latest executed instrument shall take precedence.
SECTION 25. HEADINGS.
All headings of the sections, exhibits, and attachments contained in this Agreement, are, for
the purpose of convenience only and shall not be deemed to expand, limit, or change the provisions
contained in such sections, exhibits, and attachments.
SECTION 26. ADMINISTRATIVE PROVISIONS.
In the event the COUNTY issues a purchase order, memorandum, letter, or any other
instrument addressing the, services, work, and materials to be provided and performed pursuant to
this Agreement, it is hereby specifically agreed and understood that any such purchase order,
memorandum, letter, or other instrument is for the COUNTY's internal purposes only, and any and
all terms, provisions, and conditions
onditions contained therein, whether printed or written, shall in no way
Rn, 07-169
modify. the covenants, terms, and provisions of this Agreement, and shall have no ford or effect
'thereon.
SECTION 27. CONFLICT OF INTEREST.
The CONSULTANT warrants that the, CONSULTANT has not employed or retained any
company or person, other than a bona fide employee wor.kihg 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 any fee, commission, percentage, gift, or any
other consideration, contingent upon or resulting from the award or malting of this Agreement.
For the breach or violation of this Paragraph, the COUNTY'sball have the rivht to terminate this
Agreement immediately, without liability and without regard to the notice requirements of Section
6 hereof.
SECTION 28, PUBLIC' ENTITY CRIMES.
As required by section 287,03, Florida Statutes, the CONSULTANT warrants that it is
not on the convicted contractor list for a public entity crime committed within the Past thirty six
(36) months. The CONSULTANT further warrants that it will neither utilize the services of, nor
contract with, any supplier,,sub-contractor, or consultant in connection with this Agreement for a
period of thirty six (36) months.from the d . ate of being placed on the convicted contractor list.
SECTION 29. EMPLOYMENT,ELIGIBILITY'VERIFICATION (E-VERIF3D
In accordance with State of Florida, Office of the Governor, 'Executive. Order I I -11.6
(superseding Executive Order 11-02; Verification of Employment Status), in the event
-performance of this Agreement is or will be funded using state or federal funds, the
CONSULTANT must comply,with the Employment Eligibility Verification Program ("E -Verify
Program") developed'by the.federal government to verify the eligibility of individuals to work- in
the United States and 49 .CFR, 52.222-54 (as amended) is incorporated herein by reference. If
applicable, in accordance- with Subpart 22.18 of the Federal Acquisition Register, the
CONSULTANT must (1) enroll in. the E -Verify Program, use E -Verify to verify the
employment eligibility of all new hires working in the United States,,excem-if theCONSULTANT
is a state or local government.,, the CONSULTANT may choose. to verify,onlynew hires assigned
to the Agreement; (3) use E -Verify to verify the employment eligibility of all employees assigned
to the Agreement; and. (4) include these requirement in certain subcontract, such as construction.
Information on registration for and use of the.E-Verify Program'can be obtained via the internet at
the Department of Homeland Security Web site: httli:Hw-v"v.dhs,.gov/E-Vedb.
Rev 07-1610
This Agreement shall be construed as resulting from joint negotiation and authorship. No
part of this Agreement shall be construed as the product of any one of the parties hereto.
SECTION 31. EQUAL OPPORTUNITY EMPLOYER.
The CONSULTANT is an, Equal Opportunity Employer and will comply with all equal
opportunity employment laws; The CONSULTANT will further ensure that all sub -contractors it
utilizes in providing the services required hereunder will comply with all equal opportunity
employment laws.
In the performance of this Agreement, the CONSULTANT shall keep books, records, and
accounts of all activities, related to the Agreement, in compliance with generally accepted
accounting procedures. Throughout. the term of this Agreement, books, records, and accounts
related to the performance of this Agreement shall be open to inspection during regular business
hours by an authorized representative of the COUNTY, and shall be retained by the
CONSULTANT for a period of three years after termination or completion of the Agreement, or
until the full County audit is complete, whichever comes first. The COUNTY shall retain the right
to audit the books during,the three-year retention period. All books, records, and accounts related
to the performance of this Agreement shall be subject to the applicable provisions of the Florida
Public Records Act, chapter 119, Florida Statutes. The COUNTY also has the right to conduct an
audit -within sixty (60) days from the -effective date of this Agreement to determine whether the
CONSULTANT has the ability to fulfill its contractual obligations to the satisfaction of the
COUNTY. The COUNTY has the right to terminate this Agreement based upon its findings in
this audit without regard to the termination provision set forth herein.
SECTION 33. PROJECT.MANAGERS.
The COUNTY and the CONSULTANT have identified individuals as Project Managers,
listed below, who shall 'have the responsibility for managing the work performed under this
Agreement. The person
on or individual identified by the .CONSULTANT to serve as its Project
Manager for this Agreement, or any replacement thereof, is subject to prior written approval and
acceptance of the COUNTY. If the COUNTY or CONSULTANT replace their current Project
Manager with another individual, an amendment to this agreement shall not be required. The
COUNTY will notify the CONSULTANT, in writing, if the current COUNTY Project Manager is
replaced by another individual.
Rev 07-1611
A. The COUNTY Project Manager's contact infort-nation, is as follows:
Sally Myers, Right -of -Way & Asset Manager
Osceola County Public Works Department
I Courthouse Square, Suite 3 100
Kissimmee, FL 34,741
Phone (407) 742-0502
Email sallv.mvers@osceola.org
B. The CONSULT, ANT -Project Manager's contact information is as follows:
Steven Triece, Real Estate Broker and President
The Triete Company,
214 Chestnut Ridge Street
Winter Springs, Florida 32708
Phone (386),95672020
Email steveiriece@)y
,mail.corn
SECTION 34. PUBLIC EMERGENCIES.
It is hereby made a part of thisAgreement that before, during, and after a public emergency,
disaster, hurricane, tornado, flood, or other acts of God, Osceola County shall require a "First
Priority" for goods and services. It- is vital and imperative that the, health, safety, and welfare of
the citizens of Osceola County are protected from any emergency situation that threatens public
health and safety as determined by the COUNTY. The CONSULTANT agrees to rent/sell/lease
all goods and services to the COUNTY or governmental entitieson a "first priority" basis. The
COUNTY expects to pay contractual, prices for all products and/or,serv,ices under this Agreement
in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God. Should the
CONSULTANT provide the COUNTY with products and/or services not under this Agreement,
the COUNTY expects to pay a fair and reasonable price for all products, and/or services rendered
or contracted in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God.
SIGNATURE PAGE TO FOLLOW
Rev 07-1612
INWITNNESS WHEREOF, the parties hereto, by, their duly authorized representativesi
have executed this Agreement effective the day of . 2018.
As authorized, for execution,at the Board of
County Commissioners meeting of.
juLlIg" I&V 0
I
Vol
THE TRIECE COMPANY
Print; Steven M. Triece
Title: President
STATE OF FLORIDA
COUNTY OF SEMINOLE
IV
The forqgoing-,instrument was executed before me this 'day of ELI
20JO e of THETRIECE COMPANY j who I personallyj
, by $t_yqp.M. Triece as the President
swore or affirme"�_t_he/she is authorized to execute this Agreement and thereby bind the
Corporation, and who is personally known to me I OR has 'produced L_ DL_ as
identification.
NOTARY PUgLR�, Statedf�Frids
(stamp) 'KI]ING,
VP ASHLEE E
0
Notary. Public -,State of Florida
4
0
'Comallssion # GG 039384
't 17�
My Comm. Ej(plies Oct 17 � 2020
!"ded l(broo0ftonal hufaty Ass�a,
Rev 07-16
Exhibit "A"
Scope of Services
The CONSULTANT will provide various professional services relating to real estate consulting
services. Such services may include, but is not limited to the following:
A. Brokerage Services:
If tasked, the CONSULTANT Will act as an intermediary between the County and property
owner for the purpose. Of buying and selling real estate.
B. General Consulting Services:
The CONSULTANT may be tasked with providing their expert opinion; market analysis,
guidance regarding Statutory requirements as they may apply to best use of public. property
along with genera I I consulting . ,services of an unspecified, nature that are consistent With real
estate industry best practices and in accordance with established local, state and federal
guidelines.
C. Leasing Scope of Services
If tasked, the CONSULTANT will act as the County7s, leasing .agent for third party leased
space/property, providing services including, but not necessarily limited to, the following:
1. Prepare and implement a marketing plan for the buildi,ng�s available vacant space.
2. Identify, solicit and.recommend prospective tenants, through the CONSULTANT'S
own efforts and in cooperation with tenant brokers:
3. Verify the background, suitability, financial viability and creditworthiness of
prospective tenants,.
4. Negotiate lease terms and conditions With prospective tenants.
5. Negotiate renewal terms and conditions with existing tenants.
6. Coordinate lease preparation and execution.
7. Provide regular reports of leasing efforts/status and_ relevant market conditions.
8. Provide all other services as required in the normal. course of business in managing
the building's leasing program.
D. Property Management Services;
If tasked, the CONSULTANT'S' services may include all aspects of building management
and operations. Services may include, but are not limited to,, the following:
I Tenant management, including lease administration/enforcement; tenant
communications; rent collection; escalations/operating expense administration; and
all related tenant services and issues.
2. Coordination of Tenant build -out, improvements and other capital improvements.
3. Eiigificerifig services, including the operation, maintenance, and repair of 1-leating,
Ventilation
ilation & Air Conditioning systems; Electrical systems; and lighting; Plumbing;
Fire/Life Safety systems; Elevators; and all. other, building systems, equipment,
envelope, exterior, grounds, and structural elements.
4. Jariftorial/dustodial services, including, trash removal; carpet cleaning; window
washing; pest control, and related services.
Rev 07-1614
S: Procurement of all goods and services required for the management and operation of
the leased:space;and common areas associated with the lease space, using competitive
bidding processes for vendor evaluation and .selection, Common areas associated
with the parking garage will be maintained by the COUNTY. The COUNTY reserves
the right negotiate maintenance of common areas adjacent to the lease space but also
used by parking garage operations.
6. Managementladmi"nistration of contracts with vendors, utility companies, and others
as required, (assuming the cost of these utilities are included in the rents collected)
7. Regulatory/legal compliance, coordination and reporting with city, state and federal
agencies, as required.,
8. Compliance with a budget approved by the COUNTY for all goods, services and
activities related to building operations and management.
9. Complete accounting and record keeping for all expenses incurred, income and other
revenue received. 1) Submission of monthly reports .detailing building operation and
expenses, maintenance activities; tenant issues; new and/or expiring leases; and other
information as'required by the COUNTY.
10. All other services. as required in the ordinary course of business in managing and
operating the building.
Rev 15 07.2036
Exhibit "B"
SAMPLE TASK Ai. THORIZ010N FORM
Osceola County
Task Authorization,
In accordance with ,the,terms'drid `and'
of the Agreement
ref.: LOI-18-9796-KR, dated XX-XX-XXXX,
the patties
hereto agree to perform the work itemized
below.
Date:
CONSULTANT:
NOTE! THE CONTRACTORICONSULTANT MAY NOT BEGIN WORKUNTIL.A SIGNED PURCHASE
ORDER IS DELIVtRD TO THE CONTRACTORICONSULTANT.
Rev 07-1616
f.go. TaskAufhorizaCson ggc&M shall include:
Attachment A - Scope of Work.
Attachment 8- Price Breakdown
Attachment C - Schedule
Attachment 0 — Sub -Consultants
Recommended
By:
Date:
Department Administrator or delegate
Reviewed By:
Date:
County Attorney or delegate
1 fqir pLoiects in excess of $50,000)
Reviewed By:
Date:
Commission -Auditor or delegate
(for projects in excess of $100,000)
ContractortConsultant
Approved
County Manager or D,el---*- Approval
Name (print)
Name (print)
Signature:
Signature:
Date:
Date:
Rev 07-1616
1. The COUNTY will. request-wTitten proposals from the CONSULTANT for each individual
project. The task authorization' form will include a summary of the proposed project,
identifying the proposed project -manager and shall include thef6llo 'wing attachments at a
minimum: Attachment A —,Scope of Work, Attachment B. — Price Breakdown, Attachment
C — Schedule and,Attachrrient D — Sub -Consultants.
2. Projects will be assigned, to the individual firms based on current workload, schedule,
availability and expertise, in,the COUNTY'S sole discretion.
Rcv17 OT2016
Exhibit "C"
Fee Schedule
Managementfee for RENTAL, Property
e " iA �Q
Leasing Fee
VACANT UNIT FEE
Set Up fee
Eviction
General Sales Commission
2 % of the gross sale, or, purchase price,
and the Hourly Consulting Fee stated
below, subjecf4o limitation by COUNTY in
the Task Authorization Order Form
approved for each project, or property.
Houilv Consultina Fee Schedule
(President/Principal),
$125.00
Market Analysis
$125.00
Broker Price Opinion
$125.00
Project Manager
$125.,00
Financial Manager
Construction Supervisor
Project Coordinator/ Property Manager
Bookkeeper
AdmiriistrAtive/Clerieal.
TV!F:f`AM r1D ITT• III
CERTIFICATE OF LIABILITY INSURANCE
° 11105 2020 '
111a5/2a2a
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on
this certificate does not confer MLS to the certificate holder in lieu of such endorsemen s .
PRODUCER 407-831-6599
Global insurance Svcs., Inc.
291 Live Oak Blvd.
Casselberry, FL 32707
CL Orlando (MT)
MIAM Michelle Trombly
PHONE 407-831-6599 tFS 407-831-0045
AI No Sell: AIC, No
E I mtrom y servlces.net
X
IING COVERNE.Cit
IN A: Continental Casualpt Co. 09165
04/01/2021
INSURED
The Triece Company
5037 Bella Terra Drive
Venice, FL 34293-6077
INSURER B: National Fire Ins. of Hartford 01505
INSURER c:
INSURER D:
INSURER E:
PRODUCTS - OMPIOP AGG S 4,000,000
INSURER F:
B
COVFRAGFS r:FRTII:IrATF MI IMRFR- pCVlClntu Mi I"MCM.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
fTR WSR
I TYPE OF INSURANCE
AODL
SUB
POLICY NUMBER
POLICY EFF
POLICY EXP ryYyyy
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
cLaINIs MAGE J OCCUR
X
86045307694
04/01/2020
04/01/2021
EACH OCCURRENCE 5 2,000,000
oAMAcaE rO RENTED 300,000
MED P (Any one Teen $ 10,000
PERSONAL & ADV INJURY S 2,000,000
ENL AGGRE LIMIT APPLIES PER:
POUCY " )ER& D LOC
OTHER:
ERAL AGGREGATE 4'000,000
PRODUCTS - OMPIOP AGG S 4,000,000
S
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNS ONLY SCHAUTEDULED
AUTOS
Ap pyyNEp
AU7QS ONLY X AUTOS ONLY
BUA6021448307
04/01/2020
0410112021
COMBINED SINGLE LIMIT 1,000,008
BODILY INJURY Per person)
BODILY iN RY dent S
OP OPERTY GE $
UMBRELLA I"
EXCESS UAB
OCCUR
CLAIMS40DEAGGREGA
EACH
TE
DED RETENTION S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
NEER/EXECUTIVE ENiA
ANY CPEROPPREIETOERR/PEXCLUDED? LT
%R
(M�datary .%%R
s, d��cr be under
PER OTH-
E.L.ACCIDENT
DISEASE -EMPLOYEE
LIMIT
A
Errors & Ommisions
27611898319
06/01/2020
06101/2021
per claim 1,000,000
OESCRIPTION OF OPERATIONS I LOCATION$ t VEHICLES (ACORO 101, Addltlotuq ROMMM Schedule, may be attached N more space Is required)
City of Sanford additional insured status with regard to the general
liability as required by written contract in accordance with attached
form#SB146932-E (ed 06-11)
CFRTIFICATF Hni nFR f%AMI-=1 I ATI^KI
CITYSAN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Sanford
ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 1788
AUTHORIZED REPRESENTATIVE
Sanford, FL 32772-1788
AGORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
The Triece Company Piggyback Contract (PBA 20/21-16)
(Real Estate Brokerage And Consulting Services)
The City of Sanford ("City') enters this "Piggyback" Contract with The Triece
Company, a Florida corporation (hereinafter referred to as the "Vendor"), whose principal
and mailing address is 5037 Bella Terra Drive, Venice, Florida 34293, under the terms
and conditions hereinafter provided. The City and the Vendor agree as follows:
(1). The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a term contract with
the government of Osceola County, Florida, said contract being identified as
"Agreement For Real Estate Brokerage And Consulting Services" (assigned a
procurement number being LOI-18-9796-KR) relating to the procurement of real
estate brokerage and consulting services and related goods and services, as may
have been amended, in order for the Vendor to provide goods and services relating
to the City's need for real estate brokerage and consulting services and related goods
and services (said original contract being referred to as the "original government
contract" which is based upon procurement activity conditions).
(2). The original government contract documents are incorporated herein by
reference and attached as Exhibit "A" to this Contract. All of the terms and conditions
set out in the original government contract are fully binding on the parties and said
terms and conditions are incorporated herein; provided, however, that the City will
negotiate and enter work orders/purchase orders with the Vendor in accordance with
City policies and procedures for particular goods and services.
11 P a g e
(3). Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
(a). Time Period ("Term") of this Contract: (state N/A if this is not applicable).
N/A.
(b). Insurance Requirements of this Contract: (state N/A if this is not
applicable). Same insurance requirements with the City being the beneficiary of the
coverages required.
(c). Notwithstanding anything in the original government contract to the
contrary, the City's terms and conditions relating to the issuance of purchase orders
or work orders, or referenced in such documents, shall prevail over any inconsistent
provisions of the original government contract.
(d). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, City Hall, 300 North Park
Avenue; Sanford, Florida 32771. The City Manager's designated representative for this
Contract is Marisol Ordohez, Purchasing Manager, Finance -Purchasing Division, City
Hall, 300 North Park Avenue; Sanford, Florida 32771, telephone number (407) 688-5028
and whose e-mail address is Marisol.ordonez@sanfordfl.gov.
(e). Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between
2 1 P a g e
the parties arising out of this Contract shall be in Seminole County, Florida in the Court
of appropriate jurisdiction. The law of Florida shall control any dispute between the parties
arising out of or related to this Contract, the performance thereof or any products or
services delivered pursuant to such Contract.
(f). Notwithstanding any other provision in the original government contract to
the contrary, there shall be no arbitration with respect to any dispute between the parties
arising out of this Contract. Dispute resolution shall be through voluntary and non-binding
mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole
County, Florida, with the parties bearing the costs of their own legal fees with respect to
any dispute resolution, including litigation.
(g). Notwithstanding any other provision in the original government contract to
the contrary, the Vendor shall provide the City with most favored nation pricing.
(h). All the services to be provided or performed shall 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 agency.
(i). Public Records Requirements.
(1). IF THE CONTRACTORIVENDOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S
(VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-50121
3 1 P a g e
TRACI HOUCHIN, MMC, FCRM, CITY CLERK, CITY OF
SANFORD, CITY HALL, 300 NORTH PARK AVENUE,
SANFORD, FLORIDA 327711
TRACI. HOUCHIN@SANFORDFL.GOV.
(11). In order to comply with Section 119.070 1, Florida Statutes,
public records laws, the Vendor must:
(A). Keep and maintain public records that ordinarily and
necessarily would be required by the City in order to perform the
service.
(B). Provide the public with access to public records on the
same terms and conditions that the City would provide the records
and at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law.
(C). Ensure that public records that are exempt or
confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
(D).Meet all requirements for retaining public records and
transfer, at no cost, to the City all public records in possession of
the Vendor upon termination of this Contract and destroy any
duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is
compatible with the information technology systems of the City.
4 1 P a g e
(111). If the Vendor does not comply with a public records
request, the City shall enforce the provisions of this Contract in
accordance with the terms and conditions of this Contract.
(IV). Failure by the Vendor to grant such public access and
comply with public records requests shall be grounds for immediate
unilateral cancellation of this Agreement by the City. The Vendor shall
promptly provide the City with a copy of any request to inspect or copy
public records in possession of the Vendor and shall promptly provide
the City with a copy of the Vendor's response to each such request.
0). All other provisions in the original government contract are fully binding on
the parties and will represent the agreement between the City and the Vendor.
Entered on the last date of a signatory hereto as set forth below.
51 Page
Witnesses:
ff gyp/
Witness Signature
Printed Name: 6 (6( i re.
Attest:
Traci Wjn, City Clerk'MMC FCR'
Approved as to form and legal sufficiency.
_A"rfi-L7C-oIbert City Aft-rq�Y
lZOAMIz- /V'6)� Cb/
The Triece Company, a Florida
co
O
By:
Steven M. Triece
Sole Corporate Officer
Date: -/0 eZ 0 2 -0
City Of Sanford
By:
Art Woodruff, Mayor
Date: 12- -Z r ,
Exhibit "N'
[Attach original government contract documents]
7 1 P a g e