CN-370000-PL357-T166CO1.pdf

TASK ASSIGNMENT NOTIFICATION FORM

DEP CONTRACT NO. PL357

Task Assignment Number. PL3S7.166

Project N109e: Save Our Everglades Owller's Name: MuJttple ownerships

Cha■xe Order t

County: Collier

Date: Janaary ~ . 2010

{Ttg JD: M11llfpl,:TIJD / Mq,,asdn, AffllQ'i DSL / Acro,,a; TBD / Agmed Ya{le J TllD /BUfl:N/A)

Contractor: American Government Services Corporation Contractor Contract Manager: Wendi McAlecse / Tammy Mehl

DEP Designated Task Manager: Mary K. Thurmond Subcontrac1ors: (List, if any) __________ _

DEP Contract Manager: Sandra D. Ray

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

Phone Number: S.S0-245-2669 MBE: Yes _L No MBE: Yes X No Phone Number: 850-245-2669

Taslt De,criptioa (Use additional sheets if necessary): This Change Order Is to extend tbe Time Frame or this Task for an addltioul 6 Montbs. Tlte Contractor is to assist tbe Divlsioa or Suite Lands in. Save Our Everxl■des, Army Corps of F.nglneers, Crediting Audit and Contnctor to provide a closer (on site) ■t tbe hourty rate ofS40.00 - NOT to exceed 4'l hovr, wecl5ly also iadodiag T11k 165. Total houn for both Task sllould NOT EXCEED the total llour work w~k or 44J Hours. Contractor will provide a Time Allocation Report to the DEP desi1nated THk Ma11.1iu on the 1"' dJly of each week. (See Exhibit "8") Contractor will provide progress reports as requested by the DEP designated Contract Manaeer.

Deliverable: Contractor wiU provide progreu repons Ill requested by the DEP

PerformHce Mras11re: DEP Contnct Man.ager will rn-lew deliverable to e.asure speclf"icationJ were nut.

Finucial Comeguentq: DEP wm not p■y (or u11111tislactory de.livenibles. Coatractor shall be givea tire right to ~111edy at no cost to DEP.

TIie Time Frame for Semtt orthis Ta,k Assigninent is 6 Months fl'Om)- January t I, 1020 thn July I I, 1010.

Task Assig11111ent Eod Date: July 11, 2020

Task Assiwmenr TYIX" Fee Schedule

RourtyRaCe Weekly Rate

$40.0l s 8- S.320.00 Daily 40 l 540.00-$ l600.0G

Uquldated Dama~s Per Day Charges: N/A

Amnttot Not To Exceed~

6Molltll1T■1k

Total Task AHicAWlatt Vahle - Not To Exceed

AMERICAN GOVERNMENT SERVICES CORPORATION

c~ t f1~.v!-fJ 1/?IM Concrac~:-i ttnagcr Date Authori;,,.ed to cx.ccutc Ta.u Assignments

Save Our Eversl■da P■plof2J>ata

$30.IQO.OO

fl..ORIDA D6P ARTMENT OF ENVIRONMENJAL PROTECTION / f l l J

FOR DEPARTMENT USE ONLY:

F d" Inf◄ un mg ormauon:

Org. Code E.O. Fund

37102000000 NE 348014

cc: Procurement Section (MS93)

Save Our Everglades Page 1 of2 Pages

Object Code

132600

Budget Module Category Project # Year Amount Entity

37100400 NIA 084108 00591 16 $0.00

r.

( 1

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 resolution 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 Products] Closi'ng -Sen.,1ce:s,Fees fixe~ P.rice/Fe~ Amount

Ownership & Encumbrance Reports $ 250.00 (Fixed Price Per Parcel)

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

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

$ 50.00

Title Search/Commitment for a Closing (Fixed Price Per Parcel, includes Closing Check down and CloslK>ut Search through $ 275.00 Date of Record ing)

C10$1ng Services Fee $ 200.00

(Fixed Price per Closing)

•Endorsements for which the Insurance Commissioner Has Promulgated Promulgat~d 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 Agent's %Rebate or tnifurer Retention of Cred.it fo the party

~mount of Tit!e _Insurance Retent'ion of . Tota1 ·. · paying the Total J>r~mul.9ated Pre~lum. from Coverage f'tomulgated Risk Age11t1

~ Retention ~isle Prem1um (~ommonly .

Premium known as the

' ,, . . . · . , . . : .. suuer b;sc:iountJ 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% of 60%

DEP 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_pecial Services :.... Unrelated to the Issuance of Title f nsurance . ·Hourly.Rate Quick Response Products

$ 50.00 Responding to the Department's need for Quick Response Products (not indudina the cost of issuing the resultina title oroductsl

Resolution of Closing Issues and Problem-Solving Rates f or 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 exceed 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 contract~•s cost.

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

General Title 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 Fonn. The DEP 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, D~P employees shall be allowed t_o 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, suNey and environmental issues.

Closer must have the traini11g 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 (ALT A 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 -11 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 accompanied 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 ~n interest arising under a recorded document such 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 re.corded 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 pr'operty 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 granter 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 8ook _ _ .

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 recoro 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) a_nd 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 in 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 performed 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: 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 II 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 associpted 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 other 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 without 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 of 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