09/17/2014 AgreementAMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
WNMEMM
DATE: October 3, 2014
TO: Bob Shillinger,
County Attorney
ATTN. • Kathy Peters
FROM. • Lindsey Ballard, D. CS
At the September 17, 2014, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item P6 Agreement with Marr and Associates Appraisal Company,
Inc. for an appraisal of Lot 1, Block 1, Treasure Cove Subdivision No. 2 Key Largo and consultant
services if necessary.
Enclosed are is a duplicate original of the above - mentioned for your handling. Should you have
any questions, please feel free to contact my office.
cc: County Attorney (electronic copy)
Finance (electronic copy)
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 -295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax. 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax. 305- 852 -7146
AGREEMENT FOR APPRAISAL AND EXPERT WITNESS SERVICES
THIS AGREEMENT is made as of this l� day of Z ,
2014, between Monroe County ( "the COUNTY "), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, and Marr and Associates
Appraisal Company, Inc. ( "CONSULTANT"), a Florida corporation, whose address is 2665
Aucilla Road, Monticello, Florida 32344.
WHEREAS, the COUNTY desires to engage CONSULTANT to provide an appraisal on
Lot 1, Block 1 Treasure Trove Subdivision No 2 Key Largo (RE #00438610- 00000) and if it
becomes necessary provide expert witness and consulting services in relation to any eminent
domain proceedings involving this property; and
WHEREAS, CONSULTANT desires to render these Services as described in SECTION
1, Scope of Services;
NOW, THEREFORE, the COUNTY and CONSULTANT, in consideration of the
mutual covenants contained herein, agree as follows:
SECTION 1. SCOPE OF SERVICES
CONSULTANT, by and through its principal officer Trent Marr, shall provide an appraisal of
Lot 1, Block 1, Treasure Cove Subdivision No 2 Key Largo and if it becomes necessary assist
the County in preparing and proceeding with eminent domain proceedings relating to this
property.
A. The appraisal is to provide an estimate of the market value of the property and any other
conditions or evaluations generally provided in such appraisals.
B. The completed report shall comply with the professional and ethical standards of the
Appraisal Institute and Uniform Standards of Professional Appraisal Practice. The report
will be addressed to the County, or, as directed by the County.
C. This appraisal will be prepared for the County, the intended user and may be used in any
eminent domain proceedings that may be initiated by the County. No other use is
intended, and the scope of work may not be appropriate for other uses.
D. Unless otherwise stated, the value appearing in this appraisal represents the opinion of the
Market Value or the Value Defined as of the date specified. Market Value of real estate is
affected by national and local economic conditions and consequently will vary with
future changes in such conditions.
E. The value estimated in this appraisal report is gross, without consideration given to any
encumbrance, restriction or question of title, unless specifically defined.
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F. This appraisal expresses CONSULTANT'S opinion, and employment to make this
appraisal was in no way contingent upon the reporting of predetermined value or
conclusion.
G. CONSULTANT shall advise the County of any indications it becomes aware of at the
time of the appraisal inspection that an evaluation of the presence of hazardous materials
should be conducted. Unless otherwise stated in the appraisal report, the existence of
hazardous substances, including without limitation stachybotrys chartarum (mold),
asbestos, polychlorinated biphenyls, petroleum leakage, "Chinese drywall" or agricultural
chemicals, which may or may not be present on the property, or other environmental
conditions, and which were not called to the attention of, nor did the appraiser become
aware of such during the appraiser's inspection will not be related. The appraiser has no
knowledge of the existence of such materials on or in the property unless otherwise
stated. The appraiser, however, is not qualified to test for such substances or conditions.
If the presence of such substances, such as asbestos, urea formaldehyde foam insulation,
or other hazardous substances or environmental conditions, may affect the value of the
property, the value estimated is predicated on the assumption that there is no such
proximity thereto that would cause a loss in value. CONSULTANT is unaware of very
wet conditions that may have existed for days or weeks which are required to grow mold.
CONSULTANT assumes no responsibility for any such conditions, or for any expertise
or engineering knowledge required to discover them.
SECTION 2. COMPENSATION
Total Compensation for the appraisal report under this agreement shall not exceed Four
Thousand Five Hundred Dollars ($4,500.00). Compensation for CONSULTANT'S Services,
except as otherwise stated for appraisal report fee above, under this Agreement shall be at the
rate of $175.00 per hour.
SECTION 3. PAYMENT
Expenses shall be submitted by CONSULTANT and authorized by the COUNTY in writing with
backup documentation as required by the Clerk of Court.
The COUNTY'S performance and obligation to pay under this Agreement is contingent upon
approval of the Board of County Commissioners at the time of contract initiation and its
duration.
If the CONSULTANT'S duties, obligations and responsibilities are materially changed by
written amendment to this Agreement after execution of this Agreement, compensation due to
the CONSULTANT shall be equitably adjusted, either upward or downward.
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SECTION 4. PERIOD OF SERVICE
The appraisal report is to be completed within Sixty (60) days from the effective date. This
Agreement shall become effective upon signature by all parties, and shall continue in effect until
CONSULTANT'S services are compensated.
SECTION 5. HOLD HARML AND INSURANCE
CONSULTANT covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses which arise out of, in connection with, or by reason of services
provided by CONSULTANT occasioned by the negligence, errors, or other wrongful act of
omission of CONSULTANT, its employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement. Failure of CONSULTANT to comply with the
requirements of this section shall be cause for immediate termination of this agreement.
SECTION 6. NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY
and CONSULTANT in this Agreement and the acquisition of any commercial liability insurance
coverage, self - insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement
entered into by the COUNTY be required to contain any provision for waiver.
SECTION 7. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONSULTANT is an independent
Contractor and not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this agreement shall be construed so as to find CONSULTANT or any of
his employees, subs, servants, or agents to be employees of the Board of County Commissioners
of Monroe County.
SECTION 8. ASSIGNMENT /SUBCONTRACT
CONSULTANT shall not assign or subcontract its obligations under this agreement to others,
except in writing and with the prior written approval of the Board of County Commissioners of
Monroe County and CONSULTANT, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by reference
into any assignment or subcontract and any assignee or sub shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any additional obligation upon the board.
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SECTION 9. COMPLIANCE WITH LAW AND LICENSE REQUIREMMENTS
In providing all services /goods pursuant to this agreement, CONSULTANT shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this Agreement. CONSULTANT shall possess proper licenses to
perform work in accordance with these specifications throughout the term of this Agreement.
SECTION 10. DISCLOSURE AND CONFLICT OF INTEREST
CONSULTANT represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect. 112.311,
et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
COUNTY and CONSULTANT warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONSULTANT
agrees that the COUNTY shall have the right to terminate this Agreement without liability and,
at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
SECTION 11. TERMINATION
The COUNTY or CONSULTANT may terminate this Agreement with or without cause by
giving Sixty (60) days notice. The COUNTY or CONSULTANT may terminate this Agreement
for cause with seven (7) days notice to the other party. Cause shall constitute a breach of the
obligations of either party to perform the obligations enumerated under this Agreement.
SECTION 12.GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement or
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interpretation of this Agreement, the COUNTY and CONSULTANT agree that venue will lie in
the appropriate court or before the appropriate administrative body in Monroe COUNTY,
Florida.
SECTION 13. ACCEPTANCE OF CONDITIONS BY CONSULTANT
CONSULTANT has, and shall maintain throughout the term of this Agreement, appropriate
licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request.
SECTION 14. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions
shall be valid and binding upon the parties. One or more waivers by either party of any
provision, term or condition shall not be construed by the other party as a waiver of any
subsequent breach of the same provision, term or condition.
SECTION 15. NONDISCRIMINATION
CONSULTANT and the COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. CONSULTANT and COUNTY
agree to comply with all Federal and Florida Statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil
Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 U.S.C. ss.
1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973, as amended (20 U.S.C. s. 794), which prohibits discrimination
on the basis of handicaps; 4) the Age Discrimination Act of 1975, as amended (42 U.S.C. ss.
6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
U.S.C. ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. ss. 3601 -3619 et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)
The Americans with Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code
Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or age;
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11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
SECTION 16. NOTICE
Any notices sent by the parties shall be deemed to have been duly served if delivered in person to
the individuals and addresses listed below, or if delivered or sent by first class mail, certified,
return receipt requested, or by courier with proof of delivery. All written correspondence to the
COUNTY shall be dated and signed by an authorized representative of the CONSULTANT.
The correspondence shall be directed to:
FOR COUNTY:
Christine Limbert- Barrows
Assistant County Attorney
1111 12 Street, Suite 408
Key West FL 33040
FOR CONSULTANT:
Trent Marr
2665 Aucilla Road
Monticello, FL 32344
SECTION 17. FINANCIAL RECORDS OF CONSULTANT
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the termination
of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies
paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the CONSULTANT shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONSULTANT.
SECTION 18. PUBLIC ACCESS
The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONSULTANT.
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Pursuant to F.S. 119.0701, Consultant and its subcontractors shall comply with all public records
laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that Monroe
County would provide the records and at a cost that does not exceed the cost provided in Florida
Statutes, Chapter 119 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 Monroe
County all public records in possession of the consultant upon termination of the 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 Monroe
County in a format that is compatible with the information technology systems of Monroe
County.
SECTION 19. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with, or any
rights in favor of, any third party.
SECTION 20. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
SECTION 21. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
SECTION 22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to
be resolved by meet - and - confer sessions between representatives of each of the parties. If the
issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
SECTION 23. COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under
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this Agreement, and that the only interest of each is to perform and receive benefits as recited in
this Agreement.
SECTION 24. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position; conflicting
employment or contractual relationship; and, disclosure or use of certain information.
SECTION 25. EXECUTION
This Agreement, including any exhibits included herein, constitutes the entire Agreement
between CONSULTANT and COUNTY, and supersedes and controls over all prior written or
oral understandings. This Agreement may be amended, supplemented or modified only by a
written instrument duly executed by the parties.
�' ;CLERK OF COURT, AMY HEAVILIN
t'
1 �•�k
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNT FLORIDA
By:
Mayor
Witness to CONSULTANT
MARR AND ASSOCIATES APPRAISAL
COMPANY, INC. ( "CONSULTANT ")
By:
4ren President
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
CHRISTINE M. LIMBERT- BARROWS
ASSIST "T � iNY ATTORNEY
Date
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