CN-370000-PL357-T165CO1.pdf

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Master Agreement FL|PL357|f77bceb1331d31337598cb2957a7d07d
Contract number
PL357
Issued by
Florida

About this file

This document is a Task Assignment Notification Form (Change Order 1) under DIP Contract No. PL357 issued by the Florida Department of Environmental Protection (DEP). The contract involves American Government Services Corporation as the primary contractor, with DEP serving as the contracting agency. The task assignment covers multiple ownership projects across various counties in Florida and is managed by Mary K. Thurmond (DEP Designated Task Manager) and Sandra D. Ray (DEP Contract Manager), with Wendi McAleese and Tammy Mehl serving as Contractor Contract Managers.

The contract extends title insurance and closing services for an additional six-month period from January 11, 2020 through July 11, 2020, with a total task assignment value of $35,000.00. Services include post-closing issues resolution for Florida Forever project sites, with the contractor providing an on-site closer at an hourly rate of $40.80, not to exceed 46 hours weekly. The contract specifies a maximum combined work week of 40 hours for this task and a cross-referenced Task 166. Additional services covered include ownership and encumbrance reports ($250.00 per parcel), title search reports ($325.00 per parcel), title search updates ($50.00 per parcel), closing services fees ($200.00 per closing), and various endorsements. The contractor must submit weekly time allocation reports and progress reports as requested, with deliverables subject to DEP review and approval. The contract includes fixed pricing for title products and closing services, rebate percentages based on insurance coverage amounts ranging from $0 to over $10 million, and hourly rates for specialized services such as senior closer on-site ($60.00) and general title research ($55.00).

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Text version

TASK ASSIGNMENT NOTIFICATION FORM

DIP CONTRACT NO. PL.357

Tuk Assignment Number. PL3S7.J65

Projecl Na111e: Variom Projeds <hmer's Name: Ma.ltiple Owatmipi

Claaa&eOrder l Date: Ja■uary 9, 1016

Couty: VaricMls fTs ID: M""1ek-TIP I Mavri,rgAg,-c,: DSLIAau«,· TBP I A~md Ygh,t I TBDI BU#: LVIAJ

Contractor: American Govcnment Services Corponttioo Conuactor Contract Manager: Wendi McAleese / Tammy Mehl

DEP Designa~ Task Manager: Ma,y K. Thunnond Subcontractors: (List, if any) ____ _

DEP Contract Manager: Sandra 0 . Ray

FEID No: 59-2346160 Phone Number: 813-933-3322

Phone Number: 850-245-2669 MBE: _ _ Yes _L_ 'No MBE: Yes X No Phone ~ber: ~◄S.2669

Task Dgcrlptjon (Use additional sheets ifnecessazy): This Cbange Order is to extcod th Time Frame ofthb Task for an addltiooal 6 moetbs. The Contnctor will anist U1e Division or State Lands with the Post Closing• luues for the Florida Forever project 1lk$. Thi~ Task is a c;roa rdeTence to Task 166, Total hoa rs for both Task should NOT EXCEED the total hour work week or 40 Hours. The Contractor Is to provide• closer (on site) at the hourly rate ol $40.80 - NOT to exceed 46 hours weekly. Contractor will provide a Time Allocation 'Report to tfle DEP dcsi&uted Task Mau ager on the I"' d■y of ucb week. (See Exhibit "B") Contractor wm pro\'ide progress reports u reqaested by the DEP design11ted Contract Manager.

Deliverable: Contractor will provide proaras report, u requested by the DEP

Perform111cc Measure: DEP Contract Maaager will review deliverable to ensure specificationll were met.

Flngrd■t Cogseguenc9: DEP wftl not pay for unutlsfactory delwerables. Contractor shall be ginn the right to Rhledy at no c~t to DEP.

The Time Frame for Service of this Task Assignment is 6 month, from- Ja■uary 11, 2020 tbn1 July 11, 2020

Task Assiglllllent £ad Date: July I J, 2020 Liquidated Damages Per Day Charges: NIA

Ink 6V:iprncm I)a:;· Amm,01 Not To Excre:d· Fee Schedule

Weekly Rate 40 x MO.~ S 1,'81.00

6 MOlltlas Talk

Total Task Aaipmeat Value

AMERICAN OOV~RNMENT SERVICES CORPORATiON

~ d - Alllhorm:cl to cxcarte Task Assiaffl1cnts

Varioas Projects Pqe loflPllfl

$35.000,0!

FLORIDA DEPARTMENT OF

ENVIRONMENT ~L PROTs,CT)Ol~ 1

~ ·· ,.i.1.1(_ ; J.u·,_.,~1 _;_""' ,...!;(t:........:../---Jl---.!-- · / -· D£P Contract M11111gcr or ddeitn.ee Dale

APPROVED:

~ Y-~ ~ Aulbority

FOR DEPARTMENT USE ONLY:

F d' Int; un mg ormation:

Org. Code E.O. Fund

37102000000 NE 348014

cc: Procurement Section (MS93)

Various Projects Page I of 2 Pages

Object Code

132600

Budget Module Category Project# Year Amount Entity

37100400 NIA 084108 80034 16 $0.00

ATTACHMENT B

CONTRACTOR'S RESPONSE FORM

The compensable Contract price for each of the following services is listed below. Such price includes, but is not limited to, Contractor's personnel and labor costs, travel and incidental expenses (with the exception of the hourly rates for reso1ution of closing issues and problem-solving), miscellaneous expenses (i.e. postage), MyFloridaMarketPlace Transaction Fee, and the application of any multipliers (i.e. overhead, fringe benefits, etc.).

Section 1: Title Products/Closing Services Fees:

Title ProductsJClo.sfog Senr•~e·s-Fees

.f ixe~ Price/Fee Amount

Ownership & Encumbrance Reports $ 250.00

(Fixed Price Pei Parcel)

Title Search Report/ Commitment Unrelated to a Closing $ 325.00 (Fixed Price Per Parcel)

Title Search Updates unrelated to a Closing $ 50.00 (Fixed Price Per Parcel where Fee is not included in Original Search Fee)

Title Search/Commitment for a Closlng (Fixed Price Per Parcel, includes Closing Check down and Clos~ut Search through $ 275.00 Date of Recording)

Closing Services Fee $ 200.00

(Fixed Price per Closing)

*Endorsements for which the Insurance Commissioner Has Promulgated Promulgated Rate

Rates

*Endorsements Occasioned by Contractor's Error $ 0.00

Other Endorsements $ 30.00 (Fixed Fee per Endorsement)

- Remainder of Page Intentionally Left Blank -

DEP Contract No. PL357, Attachment B, Page 15 of 30

Section 2: Rebate or Credit Percentage:

Agent's share of the promulgated rate approved by the Insurance Commissioner by which the Contractor will reduce the agent's retention of the risk premium and rebate or credit such amount to the party paying the premium, if any ...

Minim·um ~g_eht~s %Rebate or (nsurer Retention of C~d-it to the party

Amount of Title Insurance Retention of roia, :. . · pa,ying· th~

C<>verage io1a1 Pi-omu1,gated pref!!lurn_ from .f>~c;>mulg!ilted Risk Agent's Retention R\s'k Prem1um {coininoniy ' Premium · known as the

._ . . . ·- ,' ~ Butler Discount)

Reissue Rates:

Any tier of coverage 30% 70% • 10% of 70%

Original Rates:

From $0 to $100,000 of insurance 30% 70% • 5% of70% written

From $100,000 to $1 million, add 30% 70% • 5% of70%

Over $1 million to and up to $5 35% 65% • 10% of 65% million, add

Over $5 million and up to $10 million, 40% 60% • 15% of 60% add

Over $10 million, add 40% 60% • 20% of60%

OEP Contract No. PL357, Attachment B, Page 16 of 30

Section 3: Special Services - Unrelated to the Issuance of Title Insurance:

Department may pay for specialized services on an hourly basis. Travel associated with specialized services authorized by Department shall be compensated in accordance with Section 112.061, Florida Statutes.

Special services and associated travel shall be authorized by an executed Task Assignment Notification Form.

_ -. S_pedal Services .:.. Unr:elated-to the l~suance .of Title Insurance -Hourly Ra_te Quick Response Products

$ 50.00 Responding to the Department's need for Quid( Response Products (not indudino the cost of issuino the resulting title oroducts\

Resolution of Closing Issues and Problem-Solving Rates for the following:

Senior Closer" on site $ 60.00

Closer - on site . $ 40.00

Senior Closer" off site $ 75.00

Closer ,.. off site $ 55.00

Oil, Gas and Mineral Estate Determination* off site $ 50.00 'Not to e.xceed the maximum

On-site personnel are those who, .at the request of the DEP, are provided with office space, furniture, supplies, access to copiers and mail services by DEP at DEP headquarters in Tallahassee, Florida. Capital equipment, such as computers, shall be supplied to on-site personnel at the selected contractor's cost.

Off-site personnel are those who are provided with office space, furniture and supplies, copying and mailing facilities by the selected contractor at a location other than the DEP headauarters.

General TitJe Research $ 55.00

Expert Witness Services $ 55.00

DEP Contract No. PL357, Attachment B. Page 17 of 30

TRAVEL: Travel by the selected contractor(s), requested by the DEP, shall be compensated in accordance with Section 112.061, Florida Statutes and shall be authorized by an executed Task Assignment Notification Form. The OEP shall not compensate the selected contractor for travel undertaken which was not authorized by an executed Task Assignment. In the event that a contractor's employee or employees are traveling to property pursuant to an executed Task Assignment in a vehicle owned by Contractor, to save money and to encourage the efficient use of both Contractor's and the DEP's time, DEP employees shall be allowed to ride in said vehicle during said travel with prior notice from DEP (assuming the vehicle has sufficient capacity to comfortably add the DEP employee(s).

Contractor shall not be reimbursed for travel to necessary meetings requested by DEP (i.e., orientation, face to face meetings pertaining to closing issues).

Note:

Senior Closer must have the training and experience necessary to efficiently close on complex real estate transactions and to efficiently resolve complex title, survey and environmental issues.

Closer must have the training and experience necessary to efficiently facilitate routine closing.

DEP Contract No. PL357, Attachment B, Page 18 of 30

ATTACHMENT F-MINIMUM REQUIREMENTS FOR TITLE INSURANCE COMMITMENTS

AND TITLE INSURANCE POLICIES

Title Commitments:

1. Contractor must submit two hard copies of the executed owner's title insurance commitments (AL TA Form B with

Florida revisions or equivalent) and three (3) copies on CD. The proposed insured will be the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. The documents being submitted must be neat and organized, and the CDs must be submitted in a vinyl CD holder. The Schedule 8 - II documents and all documents required by these specifications will be submitted in hard copy (two sets and the three CDs), or if the DEP Contract Manager provides his/her prior written approval, by hyperlink to the appropriate reference on the CD. Title insurance commitments must be accompan,ed by a statement regarding the status of legal access to the subject property with documentation evidencing access from the subject property to the nearest public right-of-way. The statement must answer the following questions:

a. Does the property abut a public street or highway, or, is the property connected to a public street or highway by contiguous state-owned property or via i;in interest arising under a recorded document s.uch as a private easement? If yes, is the access limited or restricted, and is public street or highway: i) deeded right of way;

ii) dedica,ed right of way; iii) right of way by maintenance map; or iv) right of way by maintenance? A copy of the reporded document which establishes the public street, road or highway must be provided with the statement, and DEP may require that appurtenant easements be insured under the commitment.

b. Is there a document in the public records which connects the parcel to a public street, road or highway?

Document(s).recorded in: _______ Book(s) _______ Page(s).

Original and copies to be distributed according to a distribution list furnished along with_ the task assignment.

2. The proposed amount of insurance shall be in accordance. with the purchase or option agreement supplied, or shall be based upon the tax-assessed value if the subject property is being donated by the grantor. The Premium for the insurance must be determined in accordance with the Cost Proposal completed and submitted by the Contractor and the law governing the issuance of title insurance.

3. A copy of the deed(s) by which the present owner obtained title (the vesting deed) must be attached to the title commitment (and included in the copies of title work provided). Schedule A, Paragraph 3, of the title commitment shall specify the type of estate or interest held by the grantor, and, specify the deed or other instrument which vests the grantor with ownership of the subject property by instrument recording reference:

"3. Title to the ____ estate or interest in the Land is at the Effective Date vested in:

ABC Company, a ___ corporation, by virtue of the ___ _. recorded in Official Records Book__, Page _,of the public records of ___ County, Florida.·

The same level of detail shall be broken out and provided by parcel, if multiple parcels are encompassed within the land being conveyed and insured pursuant to the commitment.

The legal description of the land being conveyed and insured shall be subject to the approval of the DEP's Bureau of Surveying and Mapping.

4. A report of any sales record of the subject property for the preceding five (5) years must accompany the title commitment (and be included in the CQ.pies of the title work provided) .. Such sales history report must set forth all parties to the transaction(s) and the consideration involved. If there have been no sales of the property during the preceding five (5) years, the report must so state.· However, if the subject property is within a project where federal guidelines must be used about which Division of State Lands (DSL) will advise you when the task assignments is issued, a report of any sales record of the subject project for the preceding ten (10) years must accompany the title commitment (and be included iri the title work provided). Such sales history report must set forth all parties to the transaction(s) and the consideration involved. If there have been no sales of the property during the preceding ten (10} years, the report must so state.

5. If a third party owns oil, gas and mineral interests, state whether any notices preserving a right of entry have been duly recorded or if t the right of entry is barred by the Marketable Record Title Act. A Marketable Record Title Act analysis must be perfom,ed for each oil, gas and mineral interest set forth on Schedule B-11 of the title commitment If the identity of the current owners of the mineral estate is required by DSL a separate task assignment will be

DEP Contract No. PL357, Attachment F, Page 24 of 30 issued for that information. No mineral chain will be searched and charged wi,thout prior express direction to do so from DSL.

6. All exceptions under Schedule B - Section II of the title commitment must be-examined and clearly written to indicate the nature, holder and extent of the encumbrance, and if multiple parcels are being insured then what specific parcels are affected by the encumbrance. For example, if the subject property is affected by an easement, it would not be sufficient for the exception to read "Easement as recorded in Official Records Book 1212, Page 311 of the Public Records of Leon County, Florida.fl The exception must also indicate the nature, holder and extent of the encumbrance (i.e., Easement for ingress and egress in favor of ABC, Inc. over the south 30 feet of the insured parcel (or specific Parcel#, if applicable) as recorded in Official Record Book 1212, Page 311 of the Public Records of Leon County, Florida").

7. Legible copies of all documents referenced as exceptions in Schedule B - Section JI and any specifically requested documents referenced in Schedule B - Section I must be attached to the title commitment (and be included with the copies of the title work provided). The hard copies of each document must be tabbed to reference the applicable recording information of the document and the associ;:ited Schedule B - Section I or II item number reference.

8. If the legal description of the insured property or any of the documents referred to in number 7 above references or leads to pther documents, interests, or claims which must be examined to sufficiently complete the title commitment's review, then legible copies of those documents must also be tabbed and attached to the title commitment (and be included with the copies of the title work provided) or be promptly provided.

9. Copies of the Property Appraiser's property record card(s) for each parcel must be attached to or accompany the title commitment (and be included with the copies of the title work provided).

10. Requests to provide original documents not included in the original submission of closing documents, or to correct errors in the closing documents, must be compiled by Contractor, at no cost to DEP, within fourteen (14) days.of receiving the written notice of such a request from the DEP. This time may be extended, in writing, by the DEP prior to the original due date.

11 . Closing updates/check-downs shall be provided to DEP; such check-downs shall not result in the addition of new B-11 exceptions with9ut the DEP's prior written consent. As a condition to closing: (a) all 8-1 requirements shall be satisfied at or prior to closing, (b) the title commitment shall be marked-up and approved by DEP in writing; and (c) Contractor shall not be authorized to consummate the closing unless and until the title commitment is marked-up to the date and time of closing to DEP's written satisfaction.

12. All closing documents shall be satisfactory to DEP, with pre-execution copies containing DEP's stamp of approval.

13. Post Closing - Closing documents (including originals of all documents that were executed or recorded in favor of the Board c;>f Trustees) and the final title policy, with all endorsements, must be received by the DEP within forty five (45) days of closing, unless the timeframe is extended, in writing, by the DEP prior to the original due date.

Title Insurance Policies:

1. An issued title insurance policy (and any required endorsements) shall conform in all respects to the marked-up title commitment approved in writing by DEP for closing after receipt of the closing search/check-down, unless specifically otherwise approved by DEP in writing, in its sole discretion, under extraordinary circumstances.

2. At no cost to DEP, Contractor shall correct errors in the title policy, and otherwise return an endorsement to conform the title insurance policy to the DEP-approved title commitment marked-up for closing, or arising from an error on Contractor's part, within fourteen (14) days of receiving DEP's written request. This time may be extended, in writing, by the DEP prior to the original due date.

3. Schedule A of the policy shall include the recording reference of the vesting deed.

4. Contractor shall not issue a contract of title insurance in violation of the limits of risk under F.S. section 627.778, as such section may be amended from time to time, and in such instance, shall provide a title insurer satisfactory to the DEP to provide reinsurance or coinsurance for the transaction.

DEP Contract No. PL357, Attachment F, Page 25 of 30

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