Naples Florida Real Estate

					09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”




                       COLLIER COUNTY PURCHASING DEPARTMENT
                       3301 Tamiami Trail East, Building “G”, Naples, Florida 34112
                       (239) 252-8407, Fax (239) 732-0844, www.colliergov.net/purchasing

                                            INVITATION TO BID


                                         INVITATION TO BID
        DATE:            February 25, 2009

        TO:              Prospective Bidders

        FROM:            Brenda Brilhart
                         Purchasing Agent

        RE:              ITB# 09-5185 -- “Preparation & Delivery of Title Commitments and Real
                         Estate Closing Services”


        As requested by the Transportation Division, the Collier County Board of County
        Commissioners Purchasing Department has issued this ITB for the sole intent and
        purpose of obtaining fair and competitive bid responses on the above referenced ITB.

        Please refer to the Public Notice included in this document for the time and date of the
        opening date and any applicable pre-ITB conference.

        Any and all questions regarding this ITB must be asked online on the Collier County
        Purchasing Department E-Procurement website: www.colliergov.net/bid. All answers to
        questions will be posted on the noted website with electronic notification to all
        prospective bidders.

        We look forward to your participation in Collier County’s competitive procurement
        process.




        cc: Kevin Hendricks, Project Manager

        Note: All Bid Responses submitted manually must be submitted as one original,
        and one exact duplicate copy, including any required forms.




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                          BIDDERS'S NON-RESPONSE STATEMENT
                                      ITB # 09-5185
     “Preparation & Delivery of Title Commitments and Real Estate Closing Services”

The sole intent of the Collier County Purchasing Department is to issue solicitations that
are clear, concise and openly competitive. Therefore, we are interested in ascertaining
reasons why prospective Bidders did not wish to respond to this ITB.

If your firm is not responding to this ITB, please indicate the reason(s) by checking any
appropriate item(s) listed below and return this form via email, fax (239) 252-6697 or
mail to: Collier County Purchasing Department, 3301 Tamiami Trail East, Naples,
Florida 34112.

We are not responding to this ITB for the following reason(s):

        Services requested not available through our company.

        Our firm could not meet specifications/scope of work.

        Specifications/scope of work not clearly understood or applicable (too vague,
        rigid, etc.)

        Project is too small.

        Insufficient time allowed for preparation of response.

     Incorrect address used. Please correct mailing address:
________________________________________________
________________________________________________
________________________________________________

      Other reason(s):__________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________

Name of Firm: __________________________________________________
Mailing Address: ________________________________________________
City, State, Zip: _________________________________________________
Telephone No: _________________________________________________
Email: ________________________________________________________

By: ________________________________________________
    Signature of Representative




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                                            PUBLIC NOTICE


Sealed bid responses for ITB #09-5185, “Preparation & Delivery of Title Commitments
and Real Estate Closing Services” will be received electronically or manually only at the
Collier County Purchasing Department Director’s Office, 3301 Tamiami Trail East,
Building “G”, Naples, Florida 34112 until 2:30 p.m. Collier County local time on March
19, 2009. ITB responses received after the stated time and date will not be accepted.

                                              ITB #09-5185
     “Preparation & Delivery of Title Commitments and Real Estate Closing Services”

No pre-bid conference will be held for this solicitation

Any and all questions regarding this ITB must be asked online on the Collier County
Purchasing Department E-Procurement website: www.colliergov.net/bid. All answers to
questions will be posted on the noted website with electronic notification to all
prospective bidders.

All ITB responses must be made on the official ITB response form included as part of
this ITB and only available for download from the Collier County Purchasing Department
E-Procurement website noted herein. ITB Documents obtained from sources other
than Collier County Purchasing may not be accurate or current.

Collier County encourages bidders to utilize recycled paper on all manual bid response
submittals.

Collier County does not discriminate based on age, race, color, sex, religion, national
origin, disability or marital status.

                                             BOARD OF COUNTY COMMISSIONERS
                                                 COLLIER COUNTY, FLORIDA

                                              BY: /s/ Steve Carnell______
                                                  Steve Carnell, C.P.M.
                                                  Purchasing/General Services Director


Publicly posted on the Collier County Purchasing Department website and in the lobby
of the Purchasing Building on February 25, 2009.




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                             GENERAL BIDDING REQUIREMENTS

1. All bids must be made on the Bid form furnished by the County. No bid will be
   considered unless the Bid form is properly signed.

2. Bidders must provide unit prices any time unit prices are requested in the units
   requested. These unit prices must be proper and balanced so as to allow fair
   adjustments in quantities as required by the County. All prices will remain firm for a
   period of one hundred and eighty (180) calendar days from date of bid opening.

3. Any transportation and/or any other charges incurred in delivering the product as
   specified must be included in the bid price. FOB destination shall apply unless
   exception is made in the specifications.

4. Any discounts or terms must be shown on the Bid form. Such discounts, if any, may
   be considered in the award of tie bids. In no instance should payment terms less
   than fifteen (15) calendar days be offered.

5. Bidders taking exception to any part or section of these specifications shall indicate
   such exceptions on a separate sheet entitled “EXCEPTIONS TO
   SPECIFICATIONS”. Failure to indicate any exceptions shall be interpreted as the
   Bidders intent to fully complies with the specifications as written. Exceptions taken
   by the Bidder may be deemed grounds for rejection of bid response.

6. Bidders who qualify their bids will be rejected. Examples of bid qualification include,
   but are not limited to: prices submitted are based on an all-or-none award, prices
   submitted based on receiving other awards firm is in contention for, prices submitted
   as today’s price and changeable at time of delivery.

7. The County reserves the right to formally amend and/or clarify the requirements of
   the bid specifications where it deems necessary. Any such addendum/clarification
   shall be in writing and shall be distributed electronically to all parties who received
   the original bid specifications prior to the deadline for submission of Bids.

8. The County reserves the right to reject any and all bids, to waive defects in the form
   of bid, also to select the bid that best meets the requirements of the County.

9. All bids shall be submitted manually or electronically to the County Purchasing
   Director, Collier County Government Complex, Purchasing Building “G”, Naples, FL
   34112, by the date and time as stated in the Legal Notice. The County assumes no
   responsibility for bid responses received after the due date and time, or at any office
   or location other than that specified herein, whether due to mail delays, courier
   mistakes, mishandling, inclement weather or any other reason. Late bid responses
   shall be returned unopened, and shall not be considered for award.

10. All bids submitted manually must be an original and one exact duplicate copy and
   placed in a sealed envelope, and plainly marked as follows:
    The due date and time of receipt of the bids by the County Purchasing Director.

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    The number of the bid and the bid title.
   However, under no circumstances shall any part of, or pertaining directly to the
   Bidder’s offer, be exposed on the outside of the bid offer. Special Note: All bids
   sent by courier service must have the bid number and title on the outside of the
   courier packet.

11. Collier County, Florida as a political subdivision of the State of Florida is exempt
   from the payment of Florida sales tax to its vendors under Chapter 212, Florida
   Statutes. A copy of Collier County’s Certificate of Exemption (#85-8012621830C2)
   is available upon request.

   Corporations, individuals and other entities are impacted by Chapter 212, Florida
   Statutes according to the type of service, sale of commodity or other contractual
   agreement to be made with Collier County. By submittal of a properly executed
   response to a Bid from Collier County, Florida, the bidder is acknowledging that he is
   aware of his statutory responsibilities for sales tax under Chapter 212, Florida
   Statutes.

   Collier County is also exempt from most Federal excise taxes. By submittal of a
   properly executed response to a bid from Collier County, Florida, the bidder is
   acknowledging that he is aware of his responsibilities for Federal excise taxes.
   Contractor shall pay all sales, consumer, use and other similar taxes associated with
   the Work or portions thereof, which are applicable during the performance of the
   Work. No markup shall be applied to sales tax.

12. Tangible personal property purchased by Contractors in the performance of realty
   construction for the County is taxable, though the County is exempt on its own
   purchases.

13. In case of identical bids tying as low bid, the County shall ask vendors to submit
   certification that they have a drug-free workplace in accordance with Section
   287.087 Florida Statutes. Should all vendors provide said certification; the County
   will give local vendor preference.

14. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of
   the Work shall be obtained by the Contractor. In addition, the Contractor shall
   comply with all rules, regulations and laws of Collier County, the State of Florida or
   the U.S. Government now in force or hereafter adopted.

15. When it is deemed by the County that a bid cannot be awarded as intended, the
   County reserves the right to award this bid through an approach which is the best
   interest of the County.

16. Alternate bids will not be considered unless authorized by the Invitation for Bids.

17. Bidders on any project must be qualified and directly responsible for 30% or more of
   the Bid amount for said work.


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18. Payment will be made by the County in accordance with the requirements of the
   Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Collier
   County, at its sole discretion, will determine the method of payment for goods and/or
   services as part of this agreement. Payment methods include:
      1. Traditional – payment by check, wire transfer or other cash equivalent.
      2. Standard – payment by purchasing card. Collier County’s Purchasing Card
          Program is supported by standard bank credit suppliers (i.e. VISA and
          MasterCard), and as such, is cognizant of the Rules for VISA Merchants and
          MasterCard Merchant Rules.

    Collier County cautions Vendors to consider both methods of payment when
    determining pricing as no additional surcharges or fees will be considered (per Rules
    for VISA Merchants and MasterCard Merchant Rules). The County will entertain bids
    clearly stating pricing for standard payment methods. An additional separate
    discounted price for traditional payments may be provided at the initial bid submittal
    if it is clearly marked as an “Additional Cash Discount.”

19. Any Contractor who is a recipient of County funds, or who proposes to perform any
   work or furnish any goods under this bid shall not discriminate against any worker,
   employee or applicant or any member of the public because of age race, color, sex,
   religion, national origin, disability or marital status nor otherwise commit an unfair
   employment practice.

20. Bidders who wish to receive copies of bids after the bid opening may view and
   download from the Collier County Purchasing Department E-Procurement site.

21. Any actual or prospective respondent to an ITB, who is aggrieved with respect to the
   ITB, shall file a written protest with the Purchasing Director prior to the opening of
   the bid or the due date for acceptance of bid. All such protests must be filed with the
   Purchasing Director no later than 11:00 a.m. Collier County time on the advertised
   date for the opening of the bid.

22. ITB award selection criteria is as follows:
    a. All questions on the Bid document shall be answered as to price(s), time
       requirements, required document submissions and electronic acknowledgment
       of addenda received by download.
    b. Award shall be based upon the responses to all questions on the Bid Response
       Page(s).

    c. Further consideration will include but not be limited to references, completeness
       of bid response and past performances on other County bids/projects.
    d. Prices will be read in public exactly as input on the electronic bid response form
       or written on the manually submitted Bid Response Page(s) at the time of the bid
       opening; however, should an error in calculations occur whenever unit pricing
       and price extensions are requested, the unit price shall prevail. Mathematical
       miscalculations may be corrected by the County to reflect the proper answer.




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23. Award of contract will be made by the Board of County Commissioners in public
   session. Awards pertaining to the Collier County Airport Authority will generally be
   made by that agency’s approval Board.        Award shall be made in a manner
   consistent with the County’s Purchasing Policy. Award recommendations will be
   posted outside the offices of the Purchasing Department as well as the Collier
   County Purchasing Department website on Wednesdays and Thursdays.

    Any actual or prospective respondent who desires to formally protest the
    recommended contract award must file a notice of intent to protest with the
    Purchasing Director within two (2) calendar days (excluding weekends and County
    holidays) of the date that the recommended award is posted. Upon filing of said
    notice, the protesting party will have five (5) days to file a formal protest and will be
    given instructions as to the form and content requirements of the formal protest. A
    copy of the “Protest Policy” is available at the office of the Purchasing Director.

24. All firms are hereby placed on NOTICE that the County Commission does not wish
   to be lobbied…either individually or collectively…about a project for which a firm has
   submitted a bid. Firms and their agents are not to contact members of the County
   Commission for such purposes as meetings of introduction, luncheons, dinners, etc.
   During the bidding process, from bid opening to final Board approval, no firm or their
   agent shall contact any other employee of Collier County with the exception of the
   Purchasing Department.

25. The Contractor shall employ people to work at County facilities who are neat, clean,
   well-groomed and courteous.

26. If the bidder should be of the opinion that the meaning of any part of the Bidding
   Document is doubtful, obscure or contains errors or omissions he should report such
   opinion to the Purchasing Director before the bid opening date.

27. Bidder acknowledges, and without exception or stipulation, any firm(s) receiving an
   award shall be fully responsible for complying with the provisions of the Immigration
   Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
   relating thereto, as either may be amended. Failure by the awarded firm(s) to comply
   with the laws referenced herein shall constitute a breach of the award agreement
   and the County shall have the discretion to unilaterally terminate said agreement
   immediately

28. Any suit or action brought by either party to specifically enforce any of the terms and
   conditions of this contract shall have venue in the Twentieth Judicial Circuit in and
   for Collier County Florida, which has sole and exclusive jurisdiction on all such
   matters.




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                                            Invitation to Bid
                                              ITB #09-5185
     “Preparation & Delivery of Title Commitments and Real Estate Closing Services”

                                1) General Introduction/Overview

Thank you for your interest in doing business with Collier County. We look forward to a
very successful procurement process.

Please take notice of the bid submittal requirements outlined in the solicitation. Make
sure you read and follow the instructions very carefully, as any misinterpretation or
failure to comply with these instructions could lead to your bid submittal being rejected
as non-responsive.

Any and all changes to this ITB will be conveyed electronically through a notice of
addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those
vendors who downloaded the ITB document. Additionally, all addendums are posted on
the Collier County Purchasing Department E-Procurement website: www.colliergov.
net/bid. Before submitting a bid response, please make sure that you have read all,
understood clearly and complied completely with any changes stated in the addendums
as failure to do so may result in the rejection of your submittal. Bidding Documents
obtained from sources other than Collier County Purchasing may not be accurate
or current.

                                        2) Purpose/Objective

As requested by the Transportation Division (hereinafter, the “Division, or Department”),
the Collier County Board of County Commissioners Purchasing Department
(hereinafter, the (“County”) has issued this Invitation to Bid (hereinafter, the “ITB”, or
“Bid”) with the sole purpose and intent of obtaining bid responses from interested and
qualified firms offering title commitment and real estate closing services in accordance
with the terms, conditions, and specifications stated and/or attached herein/hereto. The
successful bidder will hereinafter be referred to as the “Contractor”

                                       3) Pre- ITB Conference

A pre-bid conference will not be held for this solicitation

                                              4) Questions

Direct questions related to this ITB only to the Collier County Purchasing Department E-
Procurement website: www.colliergov.net/bid. Questions will not be answered after the
date noted on the ITB. Bidders must clearly understand that the only official answer or
position of the County will be the one stated on the Collier County Purchasing
Department E-Procurement website. For general questions, please call the referenced
Purchasing Agent at (239) 252-8446.


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                                  5) Method of Source Selection

The County is using the competitive sealed bid methodology of source selection for this
procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution
Number 2008-181 establishing and adopting the Collier County Purchasing Policy. The
Collier County Board of County Commissioners has adopted a Local Preference “Right
to Match” policy to enhance the opportunities of local businesses to receive awards of
Collier County contracts.

A “local business” is defined as a business that has a valid occupational license issued
by either Collier or Lee County for a minimum of one (1) year prior to a Collier County
bid or proposal submission that authorizes the business to provide the commodities or
services to be purchased, and a physical business address located within the limits of
Collier or Lee Counties from which the vendor operates or performs business. Post
Office Boxes are not verifiable and shall not be used for the purpose of establishing said
physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of either
Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and
increase to either Collier or Lee County's tax base, and residency of employees and
principals of the business within Collier or Lee County. Vendors shall affirm in writing
their compliance with the foregoing at the time of submitting their bid or proposal to be
eligible for consideration as a "local business" under this section.

When a qualified and responsive, non-local business submits the lowest price bid, and
the bid submitted by one or more qualified and responsive local businesses is within ten
percent (10%) of the price submitted by the non-local business, then the local business
with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity
to submit, an offer to match the price(s) offered by the overall lowest, qualified and
responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder
and the lowest local bidder are in fact qualified and responsive bidders. Next, the
Purchasing Department shall determine if the lowest local bidder meets the
requirements of Section 287.087 F.S.

If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing
Department shall invite the lowest local bidder to submit a matching offer to the
Purchasing Department which shall be submitted within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid
from the lowest non-local bidder tendered previously, then award shall be made to the
local bidder.

If the lowest local bidder declines or is unable to match the lowest non local bid price(s),
then award will be made to the lowest overall qualified and responsive bidder. If the
lowest local bidder does not meet the requirement of Section 287.087 F.S. and the
lowest non-local bidder does, award will be made to the bidder that meets the
requirements of the reference state law. Bidder must complete and submit with their
bid response the Affidavit for Claiming Status as a Local Business which is included as
part of this solicitation.

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Failure on the part of a Bidder to submit this Affidavit with their bid response will
preclude said Bidder from being considered for local preference on this
solicitation. A Bidder who misrepresents the Local Preference status of its firm in a
bid submitted to the County will lose the privilege to claim Local Preference status for a
period of up to one year.

The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to solicitation
requirements.

                                                 6) Award

It is the intent of Collier County to award the lowest, qualified and responsive bidder(s)
in accordance with the terms and conditions of this solicitation; and on a Multiple
Awardees basis, and determined by unit price per line item. If Bid cannot be awarded
as noted herein, the Collier County Board of County Commissioners shall make an
award that best suits the needs and is in the interest of Collier County. The contract will
be in the form of a standard County Purchase Order.

Bidders whose bids, past performance or current status do not reflect the capability,
integrity or reliability to fully and in good faith perform the requirements denoted may be
rejected as non-responsible. Bids that do not meet all necessary requirements of this
solicitation or fail to provide all required information, documents or materials may be
rejected as non-responsive.

                                           7) Contract Term

The contract term, if an award(s) is/are made is intended to be one (1) year with three
(3) one (1) year renewal options. Prices shall remain firm for the initial term of this
contract. Requests for consideration of a price adjustment must be made on contract
anniversary date, in writing, to the Purchasing Director and must be based upon
Industry-Wide increases. Verification of these increases, other than CPI, shall be
furnished to the Purchasing Director with the written request for increase. Any upward
price adjustment, dependent upon budget availability and approved by the Project
Manager shall impose upon the vendor the requirement to advise and extend credit to
the County when costs’ similarly decrease.

Surcharges, if applicable, will not be accepted in conjunction with this contract, and
such charges should be incorporated into the pricing structure.

                        8) Inability to Provide Goods and/or Services

In the event circumstances arise in which the Contractor is unable to supply the
required goods and/or services within the County’s needs. Contractor shall advise the
Purchasing Director in writing of the circumstance and duration. The County may select
an alternate supplier to provide required goods and/or services until such time that the
Contractor is again able to supply these requirements.

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                                             9) Termination

Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County, the County may terminate this Agreement immediately for
cause; further the County may terminate this Agreement for convenience with a seven
(7) day written notice. The County shall be sole judge of non-performance.

                                10) Specifications/Scope of Work

                                             See Exhibit A

                             11) Equal Product Can Be Considered

Manufacturer’s name, brand name and/or model number are used in these
specifications for the sole purpose of establishing minimum requirement of level of
quality, standards of performance and design required, and is in no way intended to
prohibit the bidding of other manufacturer’s items of equal or similar material.

An equal or similar product may be bid, provided that the product is found to be equal or
similar in quality, standard of performance, design, etc. to the item specified. Where an
equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results of unit bid as
equal or similar.

Samples, if required for evaluation and at no cost to the County, must be submitted with
the Bid; provided, however, that the bidder must be given the opportunity to submit the
samples to the County during the bid evaluation period if the submission is in the best
interest of the County. The County shall be sole judge of equality or similarity, and its
decision shall be final in the best interest.

                                             12) Quantities

Quantities, if listed in this solicitation are estimated annual quantity subject to
increase/decrease depending on County’s need and are for evaluation purposes only.

                                    13) Insurance Requirements

The Insurance Requirements are included in this solicitation. Since this solicitation has
insurance requirements, it should be noted by the bidder that in order to meet the
County’s insurance requirements, there may be additional insurance costs to the bidder.
It is therefore imperative that the bidder discuss these requirements with their insurance
agent so as any additional cost to bidder can be included in bid cost.

                              14) Assignment, Sublease, Sale, Etc.

Should the Contractor sell or sublet this contract or any part thereof to any person or
entity other than the awardee, the BCC shall be notified in writing immediately upon the
transfer of ownership. The assignment of this contract or any part thereof shall require

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that its assignee be bound to it and to assume all of the obligations and responsibilities
that the original Contractor has assumed toward the County. In the County’s best
interest, and at its option, the service/commodity may be re-solicited, delivering a sixty
(60) day written notice to the new owner(s).

                              15) Additional Items and/or Services

During the contract term, Collier County reserves the right to delete and/or add items
and/or services of like nature with the satisfactory price negotiated by the Project
Manager and Contractor.

                                        16) Conflict of Interest

Bidder shall provide a list of any businesses and/or organizations to which the firm has
any affiliation or obligations within the past five (5) years; whether paid or donated,
which could be construed by the County as a conflict of interest. Disclosure of any
potential or actual conflict of interest is subject to County staff review and does
not in and of itself disqualify a firm from consideration. These disclosures are
intended to identify and or preclude conflict of interest situations during contract
selection and execution.

                               17) Vendor Performance Evaluation

Collier County has implemented a Vendor Performance Evaluation System for all
contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of agreement.

                              18) Deductions for Non-Performance

The County reserves the right to deduct a portion of any invoice for goods not delivered,
or services not performed in accordance with requirements, including required
timeframe. The County may also deduct, or chargeback the Contractor the costs
necessary to correct the deficiencies directly related to the Contractor’s non-
performance.

                    19) Offer Extended to Other Governmental Entities:

Collier County encourages and agrees to the successful bidder/proposer extending the
pricing, terms and conditions of this solicitation or resultant contract to other
governmental entities at the discretion of the successful bidder/proposer.

                                                20) Safety
All contractors and subcontractors performing service for Collier County are required
and shall comply with all Occupational Safety and Health Administration (OSHA), State
and County Safety and Occupational Health Standards and any other applicable rules
and regulations. Also all Contractors and subcontractors shall be responsible for the
safety of their employees and any unsafe acts or conditions that may cause injury or


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damage to any persons or property within and around the work site. All firewall
penetrations must be protected in order to meet Fire Codes.

                                              21) Licenses

The Contractor is required to possess the correct occupational license, professional
license, and any other authorizations necessary to carry out and perform the work
required by the project pursuant to all applicable Federal, State and Local Law, Statute,
Ordinances, and rules and regulations of any kind. Additionally, copies of all the
required licenses must be submitted with the bid response indicating that the
entity bidding, as well as the team assigned to the County account, is properly
licensed to perform the activities or work included in the contract documents.
Failure on the part of any bidder to supply this documentation with their bid
response may be grounds for deeming bidder non-responsive. A Contractor with
an office within Collier County is also required to have an occupational license.

If you have questions regarding professional licenses, please contact the Contractor
Licensing, Community Development and Environmental Services at (239) 252-2431,
252-2432 or 252-2909. Questions regarding required Occupational licenses, please
contact the Tax Collector’s Office at (239) 252-2477.

                                     22) Protection of Property

The Contractor shall ensure that the service is performed in such manner as to not
damage any property. In the event damage occurs to any property as a direct result of
the Contractor or their Subcontractor in the performance of the required service, the
Contractor shall repair/replace, to the County’s satisfaction, damaged property at no
additional cost to the County. If the damaged caused by the Contractor or their
Subcontractor has to be repaired/replaced by the County, the cost of such work will be
deducted from the monies due the Contractor.

                        23) Prohibition of Gifts to County Employees

No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and
County Administrative Procedure 5311. Violation of this provision may result in one or
more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids and/or quotes; and,
c. immediate termination of any contract held by the individual and/or firm for cause.

                                              24) Invoicing

To ensure payments are made in accordance with the Local Government Prompt
Payment Act, Chapter 218, Florida Statutes, Contractor’s invoices should:
    Include the Purchase Order Number

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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”



       Specify the goods delivered and/or services rendered

Invoices shall be sent to:       Board of County Commissioners
                                 Attn: Accounts Payable
                                 PO Box 413016
                                 Naples, Florida 34101-3016

                                25) Special Terms and Conditions

Special Terms and Conditions supersede an applicable General Terms and Conditions.

                                         Alternate Bid Pricing

In the event that alternate pricing is requested, it is an expressed requirement of the bid,
to provide pricing for all alternates as listed. The omission of a response of a no-bid or
lack of a submitted price will be the basis for the rejection of the submitted bid response.
All bids responses received without pricing for all alternates as listed will be considered
technically non-responsive and will not be considered for award.

                                          Grant Compliance

The purchase of any goods and/or services that are funded through Federal Grant
Appropriations shall be subject to the compliance and reporting requirements of the
Federal Granting Agency.




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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”



                          THIS SHEET MUST BE SIGNED BY BIDDER

                   Board of County Commissioners Purchasing Department
                                 Collier County, Florida

                                       BIDDERS CHECK LIST

IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your bid.

Bidder should check off each of the following items as the necessary action is
completed:

     1. The Bid has been signed.
     2. The Bid prices offered have been reviewed.
     3. The price extensions and totals have been checked.
     4. The payment terms have been indicated.
     5. Any required drawings, descriptive literature, etc. have been included.
     6. Any delivery information required is included.
     7. If required, the amount of bid bond has been checked, and the bid bond or
        cashiers check has been included.
     8. Any addenda have been signed and included.
     9. Affidavit for Claiming Status as a Local Business, if applicable.
     10. The mailing envelope has been addressed to:

                         Purchasing Director
                         Collier County Government Center
                         Purchasing Building
                         3301 East Tamiami Trail
                         Naples, Florida 34112

     11. The mailing envelope must be sealed and marked with:
                      Bid Number
                      Bid Title
                      Opening Date

     12. The bid will be mailed or delivered in time to be received no later than the
        specified opening date and time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET.




                                                  Company Name

                                                  Signature & Title

                                                  Date



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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”



                                   COLLIER COUNTY GOVERNMENT
                                      CONTRACT INSURANCE
                                          REQUIREMENTS
              TYPE                                                LIMITS (Check)
X   Workers’ Compensation            Statutory Limits of Florida Statutes 440 and Federal Government
                                     Statutory Limits and Requirements
X   Employer’s Liability             X $500,000                              $1,000,000
    Commercial General                   $500,000 per occurrence         X $1,000,000 per occurrence
    Liability (Occurrence Form)          bodily injury and property          bodily injury and property
    patterned after the current          damage                              damage
    ISO forms.
    Business Automobile              X     $500,000 per occurrence          $1,000,000 per occurrence
    Insurance                              bodily injury and property       bodily injury and property
                                           damage                           damage
     Pollution Liability Insurance         $500,000 per occurrence          $1,000,000 per occurrence
                                           bodily injury and property       bodily injury and property
                                           damage                           damage
     Professional Liability            X $1,000,000 per occurrence          $2,000,000 per occurrence
     Insurance                             $1,000,000 aggregate             $2,000,000 aggregate
INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier County.
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The
"Certificate Holder" should read as follows:
                                Collier County Board of County Commissioners
                                                 Naples, Florida
No County Division, Department, or individual name should appear on the Certificate. No other format will
be acceptable.
Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
and number shall be included on the certificate of insurance.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability and/or Airport Liability where required.



BIDDER’S AND INSURANCE AGENT STATEMENT:
We understand the insurance requirements contained in these specifications, and that the
evidence of said insurance may be required within five (5) business days of the award of bid.


Bidder                                                     Insurance Agency


Signature of Bidder                                        Signature of Bidder’s Agent




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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”



                                       BID RESPONSE FORM

                                                           FROM:


Board of County Commissioners
Collier County Government Center
Naples, Florida 34112

RE:     BID No. 09-5185 - “Preparation & Delivery of Title Commitments and Real
        Estate Closing Services”

Dear Commissioners:

The undersigned, as bidder, hereby declares that he/she has examined the
specifications and informed himself/herself fully in regard to all conditions pertaining to
the work to be performed for providing title commitments and real estate closing
services as per the scope of work. The Bidder further declares that the only persons,
company or parties interested in this Bid or the Contract to be entered into as principals
are named herein; that this Bid is made without connection with any other person,
company or companies submitting a Bid; and it is all respects fair and in good faith,
without collusion or fraud.

The Bidder proposes and agrees if this Bid is accepted, to contract, either by a County
issued purchase order or formal contract, to comply with the requirements in full in
accordance with the terms, conditions and specifications denoted herein, according to
the following unit prices:

                                * * * SEE FOLLOWING PAGES * * *

Any discounts or terms must be shown on the Bid Response Form. Such discounts, if
any, will be considered and computed in the tabulation of the bids. In no instance
should terms for less than fifteen (15) days payment be offered.

Prompt Payment Terms: _____% _____ Days; Net                         Days




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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”



                                            BID RESPONSE
                                             BID# 09-5185

          Bid Response Form is electronic. Please input your prices online.


The Bidder proposes and agrees, if this Bid is accepted, to contract with the County to
furnish work in full, in complete accordance with the attached specifications, according
to the following unit prices:

Title Commitment                                                            $
(Upon policy issuance, a credit will be given                                         (flat rate)
to County in the amount of $______________)

Update of Commitment                                                        $
(Endorsement to Initial Commitment)                                             (flat rate)

Risk Premiums for Title Insurance (Over & above minimum $100 rate set forth in
law) (Note: Insurance amounts will be rounded up to the next multiple of $100 for
purposes of all premium calculations)

$           0 to $     100,000 real property value                          $_________/$1,000

$ 100,001 to $ 1,000,000 real property value                                $_________/$1,000

$1,000,001 to $ 5,000,000 real property value                               $_________/$1,000

$5,000,001 to $10,000,000 real property value                               $_________/$1,000

Over $10,000,000 real property value                                        $_________/$1,000

Real Estate Closing Services                                                $_________ per Parcel



Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY
of your bid response pages. The undersigned agrees that should this Bid be
accepted, to execute a formal contract, if required, and present the formal contract to
the County Purchasing Director for approval within fifteen (15) days after being notified
of an award.




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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”




BID RESPONSE CONTINUED

IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of
______________, 2009 in the County of _______________, in the State of ______.


Firm’s Complete Legal Name

(Address)

(City, State, ZIP)
Phone No:                                                          Check one of the following:
Fax No:                                                               Sole Proprietorship
                                                                      Corp or P.A. State of ____
                                                                      Limited Partnership
                                                                      General Partnership
By:
      Typed and Written Signature


Title
     ****************************************************************************************************
                               ADDITIONAL CONTACT INFORMATION
Send Payments To:
(REQUIRED ONLY if different from above)
                                                           (Company Name used as Payee)


                                                           (Address)


                                                           (City, State, ZIP)

Contact Name:                                              Phone No:
Title:                                                     Fax No:
                                                           Email address:

Office Servicing Collier County Account
/Place Orders/Request Supplies (REQUIRED ONLY if different from above)

                                                           (Address)

                                                           (City, State, ZIP)
Contact Name
Title
Phone No:
Fax No:
Email Address:




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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”




              AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS

ITB#: 09-5185 – “Preparation & Delivery of Title Commitments and Real Estate
Closing Services”
                               STATE OF FLORIDA
                                       And
                     COUNTY OF COLLIER          COUNTY OF LEE

BIDDER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE
PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AND THE REGULATIONS THERETO.

AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY;

A “local business” is defined as a business that has a valid occupational license issued
by either Collier or Lee County for a minimum of one (1) year prior to a Collier County
bid or proposal submission that authorizes the business to provide the commodities or
services to be purchased, and a physical business address located within the limits of
Collier or Lee Counties from which the vendor operates or performs business. Post
Office Boxes are not verifiable and shall not be used for the purpose of establishing said
physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of either
Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and
increase to either Collier or Lee County's tax base, and residency of employees and
principals of the business within Collier or Lee County. Vendors shall affirm in writing
their compliance with the foregoing at the time of submitting their bid or proposal to be
eligible for consideration as a "local business" under this section.

Please provide the following information for the Bidder:

Year Business Established in            Collier County or         Lee County: ________

Number of Employees (Including Owner(s) or Corporate Officers):_________

Number of Employees Living in     Collier County or     Lee (Including Owner(s) or
Corporate Officers):_________
If requested by the County, bidder will be required to provide documentation
substantiating the information given in this affidavit. Failure to do so will result in
bidder’s submission being deemed not applicable.



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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”




______________________________________________
                Bidder Name


______________________________________________
                          Signature


______________________________________________
                             Title

STATE OF FLORIDA

    COUNTY OF COLLIER                         COUNTY OF LEE

Sworn to and Subscribed Before Me, a Notary Public, for the above State and County,
on this __________ Day of ______________, 20_____.


_____________________________________________
                        Notary Public


My Commission Expires: ________________________

(AFFIX OFFICIAL SEAL)




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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”



                                              EXHIBIT A
                                           SPECIFICATIONS

These specifications are intended to provide the information by which prospective
bidders may understand the requirements of Collier County relative to Preparation and
Delivery of Title Commitments, issuance of Title Policies, and Real Estate Closing
Services.

Title Commitments and Title Policies:

Unlike the manner in which title commitments are normally ordered, Collier County
(County) usually does not find the property it needs already listed for sale by its current
owner. For each major land rights acquisition project (utility mains, roadway expansions,
etc.), the County must contact the record title holders of the property and inform them
as to how much of their property is sought for the construction of the contemplated
improvements.

Step One in the County’s acquisition process is the preparation of legal descriptions of
parcels of land or easements which the engineers and surveyors have determined are
necessary in order to construct the proposed improvements. Once these legal
descriptions are received by the acquisition department, copies are supplied to the real
estate appraiser(s) selected for the project; and at the same time, they are supplied to
the title company(s) selected for the project. For this reason, the dollar value of the
property is not yet known at the time the commitment order is placed. Proposed policy
values, therefore, are usually “TBD” (To Be Determined).

In addition, the County rarely purchases entire subdivided lots in platted subdivisions.
The greatest volume of work will be in support of roadway expansion projects, where
strips of land from the frontage of properties must be acquired to expand the right-of-
way corridor.

Also, because the County rarely finds just these “strip takings” already listed for sale,
our purchase negotiations take far longer than the average real estate transaction. It
can often be ten (10) or twelve (12) months, or longer, between the time that the County
first places an order for a title commitment, and the time that the County closes on the
purchase of the property and orders a title policy.

Because the County must order its title commitments in advance of reaching an
agreement in order to ensure the County is, in fact, negotiating with the persons and/or
companies with the lawful authority to sell, the County does not know at that time
whether or not the County will be able to close the transaction. When the asking price
of the property simply cannot be justified in the public interest, the County may change
the design and consider locating its improvements elsewhere. When this happens, or
when the County condemns property, there will be no order for a title policy.
Condemnation also becomes inevitable when the project schedule does not allow
enough time to resolve a complex title problem, such as the need for an estate to go
through probate before the land can be disposed of through a typical real estate closing.


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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”



While the County occasionally requires a title commitment on a single property, more
than likely, the County will be involved in a major public works project which affects
many properties at the same time. For this reason, title commitments are often ordered
in numbers (sometimes as many as twenty (20) to forty (40) at once). This is why the
specifications for Preparation and Delivery of Title Commitments address the staggered
delivery of title commitments where large numbers are ordered at once (See paragraph
11 below).

Real Estate Closing Services:
Collier County desires to receive fixed-rate bids on the actual preparation of the legal
instruments necessary to comply with the Schedule B-1 “Requirements” portion of the
title commitment, and for those services required to obtain the proper execution of all
necessary instruments including, but not limited to, conveyance instruments, releases,
subordinations, affidavits, requests for estoppel, special assessments, tax prorations,
and the preparation of closing statements required to close the real estate transaction
and issue the title policy.

The actual offer letters and official notices will be sent to the property owners by County
staff; all negotiations will be conducted by County staff; and the preparation of all
purchase agreements or easement agreements will be drafted by County staff. Upon
the bilateral execution of a purchase agreement or easement agreement by the owner
and County, the file may be turned over to the title company to close the transaction.

Title Commitment Preparation
1. Unless a prior title insurance policy is obtained, title Commitments must be based on
    no less than a 30-year search and are to be prepared as follows:

    a. Schedule “A” must identify the specific interest in real property to be acquired by
       the County, the current record title holder of the fee simple interest in said real
       property, and the exact manner in which said title is currently held;
    b. Schedule “B-1” must list only those requirements necessary to guarantee
       insurability in the event a title policy is to be purchased. Requirements should be
       listed in reverse chronological order, beginning with the particular instrument
       which must be executed by the current title holder in order to vest that particular
       real property interest with the County; and
    c. Schedule “B-2” must list only those easements and other exceptions to which
       any title policy would be subject (see Paragraph 3). These must be listed in
       reverse chronological order.

2. In addition to the title commitments issued pending a fee simple acquisition,
   Company shall provide title commitments for easement acquisition, and shall NOT,
   in such cases, require the execution of a warranty deed, but shall instead itemize as
   a requirement the recording of an easement for the purpose(s) specified in the
   County’s NOTICE TO PROCEED.
3. The County may request Company to issue a title commitment for the entire parent
   tract, or for only a portion of the parent tract. In the case of the latter, Schedule B-II
   shall list only those exceptions applicable to the subject parcel (and shall not include
   those exceptions applicable to the remainder of the parent tract). County will

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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”



    provide Company with a legal description of the subject parcel simultaneously with
    the Notice to Proceed.

4. All title commitments issued by Company to County must contain verification that
   Company has checked the names of all “relevant parties to the transaction” (defined
   in this case as sellers, buyers and any non-traditional lenders) against the “Specially
   Designated Nationals and Blocked Persons” (SDN) list published by the Office of
   Foreign Assets Control (OFAC). If Company’s search discloses a “match,” the
   commitment must include, in Schedule B-1, a statement that a match against the
   SDN list was found.

5. At the request of County, Company shall issue an endorsement or update of a title
   commitment; and upon County’s compliance with the requirements as set forth in
   Schedule “B-1” and payment of the risk premium at the contract rate, Company shall
   issue County a title policy for levels of coverage equivalent to the values of the
   interest in real property sought by County.

6. Reissue credit will be given toward the cost of County’s title policy whenever
   possible. Therefore, Company shall make every reasonable effort to ascertain
   whether a previous policy exists and secure a copy of any prior policies for which
   reissue credit can be given.

6. “Owner’s Amount” (property value) shall state, “TO BE DETERMINED” upon the
   initial issuance of the title commitment. Unlike typical real estate purchasers, the
   County often seeks title information long before the valuation of the interest to be
   acquired is complete.

7. In addition to the terms and conditions governing invoicing contained in Paragraph 3
   of the Annual Agreement for Title Commitments, all invoices, bills and/or statements
   must specify the exact service performed, i.e., issuance of title commitment,
   issuance of title policy, etc. All invoices submitted for payment must be originals on
   Company letterhead; must list Company as “payee”; and must reference the PO
   number, Project Number and Parcel number provided to Company by County.
   Copies of invoices and invoices from entities other than the Company under annual
   contract with the County will not be paid.

8. County shall pay no penalty, fee or other charge for failure to order a title
   policy or utilize the closing services of Company. In such instances,
   payments made by the County for title commitments and updated search
   reports shall be payment in full for title services rendered by Company related
   to the subject real estate.

9. Title commitments and updated search reports shall include as attachments legible
   copies of all state and federal tax liens, ad valorem tax deficiencies, mechanic’s and
   materialmen’s liens, mortgages and financing statements, judgments, lis pendens,
   contracts for deed, recorded leases, easements and any and all covenants and
   restrictions of record affecting the real property sought by the County. (Copies of


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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”



    encumbrances that affect the parent tract but which do not affect the subject parcels
    being acquired by County are not to be included.)

    Where the portion of property sought by the County is part of the common elements
    of any homeowner’s association, property owner’s association or civic association,
    Company shall include with the title commitment a copy of all recorded instruments
    pertinent to said association, including but not limited to, declarations or protective
    covenants and restrictions, articles of incorporation, and corporate by-laws.

    Where the portion of the real property sought by County is part of the common
    elements of a condominium, Company shall include with the title commitment a copy
    of the declaration of condominium and any amendments thereto. Recognizing that
    these association documents can be quite voluminous, Company shall contact
    County if there is doubt as to whether said copies are necessary.

    Copies of instruments should be attached to the title commitment in the same
    reverse chronological order as listed in Schedules “B-1” and “B-2”. After the copy of
    the instrument that evidences the current record title holder, there should be
    attached in reverse chronological order copies of all those instruments listed in
    Schedule “B-1”, followed by all of those instruments listed in Schedule “B-2” in
    reverse chronological order.

10. Delivery of the title commitments shall be in accordance with the schedule below,
   where “delivery schedule” constitutes the total number of business days lapsing
   between issuance of Notice to Proceed by County and delivery by company of
   completed title commitments.

    Number of Title
      Commitments Ordered                                          Delivery Schedule **
             1 to 3                                                 6 Business Days
             4 to 6                                                10 Business Days
             7 to 12                                               15 Business Days
            13 to 25                                               20 Business Days
            26 to 35                                               25 Business Days
            Over 35                                                To be negotiated
            Update                                                  6 Business Days
**This delivery schedule shall govern unless an alternate schedule is submitted with Bid.

11. Company shall NOT require a certified survey as a pre-condition to issuance of a
   title policy.

12. Certificates of Good Standing from the office of the Secretary of State shall NOT be
   listed as a B-I requirement. County shall provide a copy of the Corporate Detail
   Record showing current corporate status, along with the Directors/Officers of the
   corporation from the Florida Department of State, Division of Corporations web site.

13. The recording of corporate resolutions in the public records shall NOT be listed as a
   B-I requirement.

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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”



14. Schedule B-1, Requirements, may call for an Amended Notice of Commencement
   OR a Partial Termination, but shall not require total termination of the Notice of
   Commencement unless all intended improvements have been completed.

15. Company shall provide the Property Appraiser’s folio number for the parent tract
   from which County seeks an interest in real property. Ad Valorem taxes, both
   current and delinquent, if any, shall be itemized in the title commitment.

16. Initial orders for title commitments shall be in writing either on County letterhead, fax
   transmittal form or email, and must include the name of the County employee
   placing the order. Updates and endorsements may be ordered by phone.

17. Company will immediately notify County of any determinations made by its
   underwriter that newly enacted Florida Statutes, Florida Department of Financial
   Services (“DFS”) guidelines or federally mandated restrictions affect Company’s
   ability to comply with the terms of this contract proposal.

Real Estate Closing Services: Company will be provided electronic copies in Microsoft
WORD format of the County’s format instruments which have been approved by the
Office of the County Attorney.

Upon reaching an agreement with the Property Owner, and obtaining the execution of
same by the Chairman of the Board of County Commissioners, the parcel file can be
turned over to the Title Company for the preparation of legal instruments and the
assemblage of all releases, subordinations, estoppels, prorations and other required
documents. The Right-of-Way office will forward an email to Company with an attached
“Request for Closing Services” and fully executed copy of the Agreement, together with
any “specific” instructions that may be required. Company will work with the property
owners to set a timely closing date.

Company must email the closing statement to the Property Specialist for review and
approval. Within four (4) weeks following County’s approval of the Closing Statement,
County will provide Company all funds required to Close.

When conducting real estate closing services for the County, Company shall ascertain
the status of any existing title policies and attempt to secure a copy of said policy for
purposes of reissue credit against the cost of any owner’s title policy to be issued to
County (The percentage of available reissue credit given for “partial acquisitions” will
directly correspond with percentages of the insured property being conveyed to
County). Company shall record the appropriate documents in the public records and
notify the Property Specialist that the closing has occurred. Copies of all executed
closing documents, including any B-I requirements, will be provided to County.
In order to comply with both the purchasing policy of County and requirements of most
title underwriters, Company will email to County a “pdf” copy of the original title policy
simultaneously with submission of the original invoice for services. Company will then
deliver the original executed title policy immediately upon receipt of payment from
County. (As an alternative, Company can deliver the original title policy simultaneously
with submission of the original invoice for services)

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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”



                                  EXHIBIT “B”
                         Sample of Terms & Conditions
     A complete copy of the proposed contract will be provided upon request.

                            ANNUAL AGREEMENT FOR TITLE COMMITMENTS

                                AND FOR REAL ESTATE CLOSING SERVICES


1.   NOTICE TO PROCEED – The Company shall not begin work on any assignment unless a
     Notice to Proceed with that particular assignment has been issued by the County. Notices
     to Proceed with all new assignments shall be in writing. Facsimile transmissions shall be
     deemed to fulfill this requirement. Requests for updates and endorsements may be made
     verbally.

2.   INVOICING – Company shall submit a separate “original” bill or invoice for services
     rendered (or for policies issued and premiums due) along with each billable work product
     delivered to the County. Each Invoice must contain the County Project and Parcel Number
     in addition to the Title Commitment, or Title Policy Number. The Company’s invoices must
     comply with the fees and rates as set forth on the “Contract Proposal” attached hereto and
     incorporated herein.

3.   PAYMENTS – The County shall make payments to the Company within thirty (30) days of
     receipt of an “original” invoice, unless the provisions of this Agreement governing
     Completion/Correction of Assignments, Paragraph 8 below, are exercised by the County.

4.   QUALITY REVIEW – Determination and judgment as to the quality/acceptability of the
     services provided by the Company shall be the sole province and responsibility of the
     County.

5.   COMPLETION/CORRECTION OF ASSIGNMENTS – Should the completion of
     assignments and/or services provided by the Company be found unacceptable as to quality
     and/or completeness, on the basis of common and customary standards for such services,
     as may be found in the community, or governed by law, or regulated by standards or
     professional practice, the County shall have the sole discretion to take any one or a
     combination of the following measures:

     a. Require the Company to complete the assignment(s) forthwith at the Agreement rate, if
        payment for such assignment(s) has not yet been made. In the event that the County
        has already made payment to the Company for completion of the assignment(s), the
        County may require the Company to complete the assignment forthwith at the expense
        of the Company.

     b. Require the Company to correct or revise the work product(s) forthwith at the
        Agreement rate, if payment for such assignment(s) has not yet been made. In the event
        that the County has already made payment to the Company for the work product(s), the
        County may require the Company to correct or revise the work product(s) forthwith at
        the expense of the Company.

     c. Complete the assignment(s), and/or revise/correct the work product(s) using County
        forces or other Agreements, and bill the Company as follows:


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09-5185 Preparation & Delivery of Title Commitments & Real Estate Closing Services”



        (1) In the event the County has already paid for the completion of the assignment, the
            County shall charge the Company either the Agreement rate to complete the
            assignment utilizing the County forces, or the rate charged by another title company
            engaged by the County to complete the assignment.
        (2) In the event the County has already paid for the work product, the County shall
            charge the Company either the Agreement rate to revise/correct the work product
            utilizing the County forces, or the rate charged by another title company engaged by
            the County to revise or correct the work product.

6.   UNLAWFUL SOLICITATION – The Company warrants that no part of the fees or premiums
     set forth in the Contract Proposal shall be paid directly or indirectly to any office or
     employee of the County as wages, compensation, or gifts in exchange for acting as office
     agent, employee, subcontractor or consultant to the Company in connection with any work
     contemplated or performed in connection with this Agreement.

7.   ASSIGNMENT PROHIBITED – The Company warrants that there shall be no assignment of
     any part of this Agreement without the written consent of the County.

8.   NON-DISCRIMINATION – No person, on the grounds of handicap, race, color, religion, sex
     or national origin, shall be excluded from participation in, be denied the benefits of, or be
     otherwise subjected to discrimination in the performance of this Agreement, or in the
     employment practices of the Company. The Company shall, upon request, show proof of
     such non-discrimination, and shall post in conspicuous places, available to all employees
     and applicants, notices of non-discrimination.

9.   INTERPRETATION AND CONSTRUCTION – This Agreement shall be governed by, and
     construed in accordance with, the laws of the State of Florida; and this written Agreement,
     including all exhibits hereto, constitutes the entire Agreement and understanding of the
     parties, and there are no other prior or contemporaneous, written or oral agreements,
     provisions, conditions, or premises other than those so stated above.




Revised 01/09                                                                                  28

				
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Description: Naples Florida Real Estate document sample