Wiregrass Ecological Associates Gopher Tortoise Recipient Site Agreement GOPHER TORTOISE RECIPIENT SITE AGREEMENT
THIS GOPHER TORTOISE RECIPIENT SITE AGREEMENT (hereinafter`'Agreement") is
made this 7 day of /4/9/(tiiy , 2017. by and between Wiregrass Ecological
Associates, LLC, (hereinafter "WEA"), whose mailing address is 2897 South Jefferson Street,
Monticello, Florida 32344 and Collier County Florida. a political subdivision of the State of
Florida (hereinafter "Client") whose mailing address is 3335 Tamiami Trail East. Naples, Florida
34112 (hereinafter collectively the "Parties").
WITNESSETH:
WHEREAS, WEA maintains the Apalachicola National Forest Research Recipient Site
(hereinafter referred to as the "Recipient Site"); a gopher tortoise recipient site located in Leon
County, Florida that has been approved for the release of gopher tortoises and commensal
species by the Florida Fish and Wildlife Conservation Commission:
WHEREAS, WEA agrees to provide area within the recipient site and Client (or approved
agents of the client) agrees to provide gopher tortoises from a permitted relocation project with
the Florida Fish and Wildlife Conservation Commission. Client (or agents of the client) agrees to
the terms and conditions below to be used to relocate gopher tortoises and commensal species
associated with the proposed development of a project known as Gordon River Greenway
Tortoises (hereinafter "Project")
WHEREAS,the acreage of lands to be reserved from WEA has been determined by Client
(or agent of the client) based on an estimated 28 gopher tortoises: and
WHEREAS. WEA requires as part of this Agreement for Client (or agent of the client) to
remit this Agreement to WEA in order to allow Client (or agent of the client)to submit the recipient
site information for the offsite relocation permit;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties hereto, each intending to be legally bound, do hereby
warrant and agree as follows:
TERMS OF AGREEMENT
1. Payment. The price per tortoise is Eight Hundred dollars ($800.00) payable in check or
cashier's check to the Fish and Wildlife Foundation of Florida (hereinafter "FWFF"). whose
mailing address is Post Office Box 11010. Tallahassee. Florida 32302. There will be no fee
for tortoises with a carapace less than 130mm. Should only tortoises with a carapace less
than 130mm be captured, WEA will charge a pick-up and delivery fee of Five Hundred
Dollars ($500.00). WEA does not require a deposit. Payment will be made upon receipt
of a proper invoice and upon approval by the Project Manager, or her designee, and in
compliance with Chapter 218, Florida Statutes, also known as the 'Local Government
Prompt Payment Act." Payment shall be accompanied by a completed "Gopher Tortoise
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Conservation Fund Recipient Site Fee Deposit Form" found in this Agreement as Appendix
1. WEA shall be responsible for securing distribution of all funds and payments from the
FWFF.
2. Late Fee Invoices past payment due date will be subject to interest in accordance with
Chapter 218, Florida Statutes, also known as the "Local Government Prompt Payment Act."
3. Recipient Site Reservation. WEA will provide the necessary reservation letter and
coordination with recipient site owners. The aforementioned per tortoise fee of $800.00 is
only valid through March 31, 2017. If the FWC gopher tortoise relocation permit is received
prior to or on March 31, 2017. the agreed upon tortoise fee is valid for the duration of the
permit. If WEA does not receive a copy of the FWC gopher tortoise relocation permit by that
date, that fee is subject to change: any increase in the amount of the fee. however, shall
only be binding if the parties mutually amend this Agreement in writing WEA does not
guarantee the per tortoise fee after March 31, 2017.
4. Permit and Completion Report. Client (or agents of the client) agrees to provide WEA
with a signed copy of the relocation permit prior to initial delivery of gopher tortoises. Client
(or agent of the client) also agrees to provide WEA with a copy of the completion report.
This information is necessary for our reporting requirements with the Florida Fish and
Wildlife Conservation Commission. Failure to do so can result in the denial of any future
requests for use of the recipient site.
5. Gopher Tortoise Release. WEA will release the gopher tortoises into the designated
portion of the area of the recipient site. WEA will also provide starter burrows for each
gopher tortoise. as needed.
6 Reservation Time Frame: WEA will reserve the Client's (or agents of the clients) release
area within the area for the duration of time associated with the gopher tortoise relocation
permit up to one(1)year after the issuance of the permit. Upon one(1)year after the original
issuance of the relocation permit by FWC, WEA will no longer reserve said area unless
written request is received from Client (or agent of client). If no written request is received,
said release area will no longer be available. Also, if the entirety of the release area is not
filled by the maximum number of gopher tortoises permitted, the remaining area will not be
reserved for future relocations for the Client. or agents of the client. WEA reserves the right
to use any remaining lands for other relocations.
7. Contacting of Recipient Site Landowners. The Client (or agents of the client) shall at no
time. contact or attempt to contact the recipient site landowners directly or indirectly unless
consent is expressly given by WEA. Should the Client (or agents of the Client) attempt to
contact the recipient site Landowners directly or indirectly without expressed consent of
WEA. the Client(and/or agents of the client)shall forfeit all current and/or future opportunity
for gopher tortoise relocations with the recipient site Landowners.
8. Breach. If. for some reason, payments have not been conveyed to WEA by the Client (or
agents of the client) for gopher tortoises received, this action will constitute a breach of the
Agreement by Client, and therefore. WEA reserves the right to refuse any additional gopher
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tortoises until all monies have been received from the Client and notification to the Florida
Fish and Wildlife Conservation Commission.
This Agreement may be terminated by either party for cause upon ten (10) days' notice or
by either party for convenience upon no less than thirty (30) days. advance written notice.
Termination of this Agreement for cause shall include. but not be limited to. failure to suitably
perform the work, failure to continuously perform the work in a manner calculated to meet
or accomplish the objectives of Client as set forth in this Agreement. or multiple breach of
the provisions of this Agreement notwithstanding whether any such breach was previously
waived or cured. In the event this Agreement is terminated for convenience, WEA shall be
paid for any services performed to the date the Agreement is terminated.
9. Applicable Law. This Agreement shall be construed and enforced in accordance with the
laws of the State of Florida.. as well as in accordance with all applicable laws, statutes,
including the Local Government Prompt Payment Act (218.735 and 218.76 F.S.) as
amended in the 2010 legislative session, ordinances, codes, rules, regulations and
requirements of any governmental agencies, which regulate or have jurisdiction over the
Project or the services to be provided and performed by WEA hereunder. The venue of any
action to enforce the terms of this Agreement shall be in Collier County. Florida.
10. Contracts; public records.
A. CONTRACT REQUIREMENTS.—In addition to other contract requirements provided by
law, each public agency contract for services entered into or amended on or after July
1, 2017, must include'
(a) The following statement, in substantially the following form, identifying the contact
information of the public agency's custodian of public records in at least 14-point
boldfaced type:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT
(b) A provision that requires the contractor to comply with public records laws.
specifically to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records. provide the
public agency with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
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does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the contractor or keep and maintain public records required by
the public agency to perform the service. If the contractor transfers all public records to
the public agency upon completion of the contract, the contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency. upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
11. Entire Agreement. This Agreement contains the entire understanding between the Client
and WEA and the Client and WEA agree that no representation was made by or on behalf
of the other which is not contained in this Agreement. and that in entering into this
Agreement neither relied upon any representation not especially herein contained. This
Agreement shall not be binding upon the Client and WEA until executed by an officer of the
Client and WEA, if applicable its corporate seal affixed, and an executed copy of the
Agreement has been delivered to the Client and WEA.
12. Amendments and Waivers. This Agreement may not be amended. modified, altered, or
changed in any respect whatsoever. except by a further agreement in writing duly executed
by each and all of the parties hereto. No failure by Client or WEA to insist upon the strict
performance of any covenant, duty. agreement or condition of this Agreement or to exercise
any right or remedy upon a breach thereof shall constitute a waiver of any such breach or
of such any other covenant. agreement. term or condition. Any party hereto. by notice. may
but shall be under no obligation to. waive any of its rights or any conditions to its obligations
hereunder, or any duty, obligation or covenants of any other party hereto. No waiver shall
affect or alter this Agreement. but each and every covenant. agreement, term and condition
of this Agreement shall continue in full force and effect with respect to any other then existing
or subsequent breach thereof.
13. Captions; Genders. Captions used in this Agreement are for convenience of reference
only and shall not affect the construction of any provision of this Agreement. Whenever
used. the singular shall include the plural. the plural shall include the singular. and gender
shall include all genders.
14. Partial Invalidity. In case any term of this Agreement shall be held to be invalid, illegal or
unenforceable, in whole or in part. neither the validity of the remaining part of such term or
the validity of any other term of this Agreement shall in any way be affected thereby.
15. Calculation of Time. Time periods of five (5) days or less shall be computed without
including Saturdays. Sundays, or national legal holidays, and any time period existing on a
Saturday, Sunday or national legal holiday shall be extended until 5:00 p.m. on the next
business day.
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16. Effective Date. This Agreement is effective on the date on which the last of the parties
signs this Agreement.
17. Typewritten or Handwritten Provisions. Handwritten provisions and/or typewritten
provisions inserted in this Agreement. which are initialed by both parties, shall control over
the printed provisions in conflict therewith.
18. Counterparts. This Agreement may be executed in any number of counterparts. any one
and all of which shall constitute the agreement of the parties and shall be deemed one
original instrument.
19. Time is of the Essence. Time is of the essence under the terms of this Agreement.
20. INDEMNIFICATION. To the maximum extent permitted by Florida law, ESC 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 ESC or anyone employed or utilized by ESC 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.
* * * *
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GOPHER TORTOISE CONSERVATION FUND
RECIPIENT SITE FEE DEPOSIT FORM
This source document must accompany all deposits and contributions to the Gopher Tortoise
Conservation Fund. Mail completed form along with the deposit to:
Fish E Wildlife Foundation of Florida
Will Bradford, CFO
Attn: Gopher Tortoise Conservation Fund
P.O. Box 11010
Tallahassee, FL 32302
Date:
Donor Site Project Title:
County:
Number of Tortoises:
Name/Depositor:
Address:
Phone Number: ( ;i - E-mail:
Total Deposit: 5 (Payable to Fish& Wildlife Foundation of Florida)
Check/Warrant No.:
Type of Payment (circle one}: Advance Deposit or Remainder Deposit or Full Payment
*•" *************DO NOT WRITE BELOW THIS LINE************************
Receipt Date:
Copy: Mr. Austin D.Carroll,acarroll@wiregrassecotogical.corn
Mr. Will Bradford,witl.bradford@rnyfwc.corn
Mr. Jeff Gatney,irZainey@fs.fed-us
Rev.5/2016
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* * * *
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement, to
become effective as of the date and year first above written and in accordance with the terms of
this Agreement.
WEA:
Wiregrass Ecological Associates, LLC
By: � i�✓`i�
Austin D. Carroll, Vice-President
Executed orL 1uGTi /, 2017
Client:
Collier County, Florida
BOARD OF COUNTY COMMISSIONERS
OF COLLIE CO TY. F IDA
By: c.��/
Ted Coyman, Director
Procurement Services Division
Executed on o2 7" . 2017
Approved as to form and legality:
Jennifer A. Belpe o. p,
Assistant County R'ttorney oJ'` ,1\
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