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#16-6595 (LPI Wetland Mitigation Bank LTD) AGREEMENT 16-6595 for Mitigation Credits Primary for: Herbaceous Saltwater, Forested, Forested Saltwater, Saltwater Secondary for: Herbaceous Freshwater THIS AGREEMENT, made and entered into on this I t`4)r day of Qc, c 2016, by and between LPI Wetland Mitigation Bank, LTD., authorized to do business in the State of Florida, whose business address is 10341-2 McGregor Blvd., Fort Myers, FL 33919 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a two (2) year period, commencing on Board award date and terminating two (2) years from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for one (1) additional two (2) year period. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the services upon the issuance of a County purchase order. 3. STATEMENT OF WORK. The Contractor shall provide the services in accordance with the terms and conditions of Invitation to Bid (ITB) #16-6595, incorporated by reference and made an integral part of this Agreement. 3.1 The execution of this Agreement shall not be a commitment to the Contractor that any Services will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Services and all Services undertaken by Contractor for the County pursuant to this Agreement during the term and any extension of the term of this Agreement. Any County Agency may utilize the services offered under this Agreement, provided sufficient funds are included in the budget(s). Page 1 of 10 #16-6595 Mitigation Credits LPI Wetland Mitigation Bank,LTD. Herbaceous Saltwater,Forested,Forested Saltwater,Saltwater,Herbaceous Freshwater 0 3.2 The Contractor is the Primary for the following credits: Credit Description Herbaceous Saltwater Forested Forested Saltwater Saltwater The Contractor is the Secondary for the following credits: Credit Description Herbaceous Freshwater 3.3 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement the aggregate of the mitigation credits furnished at the unit price, in Exhibit A — Fee Schedule and the methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. 4.2 Any County agency may utilize this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. 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. Collier County, Florida as a political subdivision of the State Page 2 of 10 #16-6595 Mitigation Credits LPI Wetland Mitigation Bank,LTD. Herbaceous Saltwater,Forested,Forested Saltwater,Saltwater,Herbaceous Freshwater of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: LPI Wetland Mitigation Bank, LTD. 10341-2 McGregor Blvd. Fort Myers, FL 33919 Attn: Shelia J. O'Connor, Secretary Phone: 239-481-2011 Fax: 239-481-8283 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on 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. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal Page 3of10 #16-6595 Mitigation Credits LPI Wetland Mitigation Bank,LTD. Herbaceous Saltwater,Forested,Forested Saltwater,Saltwater,Herbaceous Freshwater 4 \ ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) Page 4 of 10 #16-6595 Mitigation Credits LPI Wetland Mitigation Bank,LTD. Herbaceous Saltwater,Forested,Forested Saltwater,Saltwater,Herbaceous Freshwater hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor 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. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ITB#16-6595 Scope of Services and Exhibit A— Fee Schedule. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page 5 of 10 #16-6595 Mitigation Credits LPI Wetland Mitigation Bank,LTD. Herbaceous Saltwater,Forested,Forested Saltwater,Saltwater,Herbaceous Freshwater „n `, 18. 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 Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, 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, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: 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: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law 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 does not transfer the records to the public agency. Page 6 of 10 #16-6595 Mitigation Credits LPI Wetland Mitigation Bank,LTD. Herbaceous Saltwater,Forested,Forested Saltwater,Saltwater,Herbaceous Freshwater 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. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Page 7 of 10 #16-6595 Mitigation Credits LPI Wetland Mitigation Bank,LTD. Herbaceous Saltwater,Forested,Forested Saltwater,Saltwater,Herbaceous Freshwater 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Contractor's/ personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor's shall assign as many people as necessary to complete the Agreement on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(a�colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Page 8 of 10 #16-6595 Mitigation Credits LPI Wetland Mitigation Bank,LTD. Herbaceous Saltwater,Forested,Forested Saltwater,Saltwater,Herbaceous Freshwater IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER 1.0 Y, FLORIDA Dwight E. Brock, Clerk of Courts ' • _ -..By: t/ZAILief atkLi '101 4 Penny Taylor, 'Orman 1 Dated: . ^.r (SEAL)Attest as to Chairman's signature only., _, LPI Wetland Mitigation Bank, LTD. Contractor 4110SBy: First Witne Signature i 1 f ' /b/V ''Cri-74 Ske,laT.b'te.-Ir,c.r F�yrstciea e,.1 TType/print witnes na 'eT TType/print signature and titleT econ. Witnes , TType/print witness nameT Approved as to Form and Legality: A sistan County Attorney Print Name Page 9 of 10 #16-6595 Mitigation Credits LPI Wetland Mitigation Bank,LTD. Herbaceous Saltwater,Forested,Forested Saltwater,Saltwater,Herbaceous Freshwater 1 EXHIBIT A— FEE SCHEDULE CREDIT DESCRIPTION PRIMARY UNIT PRICE LPI Wetland Mitigation Herbaceous Saltwater Bank, $85,000 Forested LPI Wetland Mitigation Bank $115,000 Forested Saltwater LPI Wetland Mitigation Bank $130,000 Saltwater LPI Wetland Mitigation Bank $130,000 CREDIT DESCRIPTION SECONDARY UNIT PRICE Herbaceous LPI Wetland Mitigation Freshwater Bank, $72,000 Page 10 of 10 #16-6595 Mitigation Credits LPI Wetland Mitigation Bank,LTD. Herbaceous Saltwater,Forested,Forested Saltwater,Saltwater,Herbaceous Freshwater t r • Little Pine Island Wetland Restoration &Mitigation Bank January 24, 2017 Ms. Viviana Giarimoustas Procurement Technician Collier County Procurement Services Division 3327 Tamiami Trail E Naples, FL 34112 RE: Authorized Agent on Behalf of LPI Wetland Mitigation Bank, Ltd. Dear Ms. Giarimoustas: This letter certifies that Sheila J. O'Connor is the Authorized Agent for LPI Wetland Mitigation Bank and is hereby authorized to sign that certain Purchase Agreement #16- 6595 between LPI Wetland Mitigation Bank, Ltd. and Collier County Government for the purchase and sale of State and Federal wetland mitigation credits from the Little Pine Island Mitigation Bank. Sincerely, AI Richard S. Ames, Sole Managing Member Ames LPI, LLC as General Partner of LPI Wetland Mitigation Bank, Ltd. LPI Wetland Mitigation Bank, Ltd. • 13041-2 McGregor Blvd• Fort Myers, FL 33919 PHONE 239/481-2011x102• FAX 239/481-8283 • mitigation@littlepineisland.com• www.littlepineisland.com rick 6S, E COLLIER COUNTY, FLORIDA INVITATION TO BID SOLICITATION 16-6595 Mitigation Credits BID OPEN DATE: March 31, 2016 3:00 PM. Litt 0-) Pittelsiarid Actiand Rot talon &klitivom SUBMITTED BY: LPI WETLAND MITIGATION BANK, LTD. dba LITTLE PINE ISLAND MITIGATION BANK 'CAC, TABLE OF CONTENTS 1. Addendum 1 2, Vendor's Checklist 3. Bid Response Form 4, Bid Sheet 5. Local Vendor Preference Affidavit 6. Immigration Law Affidavit 7. Vendor Substitute W-9 8. Insurance and Bonding Requirements 9 Proof of Little Pine Island Mitigation Bank's Florida Department of Environmental Protection Permit and US Army Corps of Engineers Approvals 011 8ddetidil 1. Collier County Email: evelyncolon@colliergov.net AdM,ntstrotive Sen,ces Deparrient Telephone: (239) 252-2667 FAX (239) 252-2810 ADDENDUM 1 Memorandum Date: March 21, 2016 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation # and Title 16-6595 Mitigation Credits The following information is issued as an addendum identifying the following change (s) for the referenced solicitation: • Solicitation due date is extended to March 31, 2016 @ 3:00PM: Sealed bid responses for Solicitation 16-6595 Mitigation Credits, will be received electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00PM, Collier County local time on March 31, 2016. Solicitation responses received after the stated time and date will not be accepted. Projected Timetable Event Date Issue Solicitation Notice March 9, 2016 Last Date for Receipt of Written Questions March 21, 2016 @ 3:00PM Addendum Issued Resulting_from Written Questions j March 23, 2016 [-Solicitation Deadline Date and Time I 4.4-arch 30, 2016 @ 3:00PM March 31 2016 • 3:00PM Anticipated Evaluation of Submittals April 2016 Anticipated Board of County Commissioner's Contract Approval May 2016 Date 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 16-6595 Mitigation Credits • Opening Date: - - •:I ! March 31, 2016 (@. 3:00PM If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. ° ‘'LL • '1 (Signature) Date \:\ LT (Name of Firm) 2. Vendor's Checklist Coiner Catulty Attachment 2: Vendor's Check List � �^ IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor 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. O. 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. Addendum have been signed and included, if applicable. 8. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment |iota, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 16-6595 Mitigation Credits • Opening Date: March 30, 2016 @ 3:00PM 13. 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.) 14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid e|ectronioa||y, bidder will need to download all related documents on vwww.co||iergov.net/bid, The system will date and time stamp when the addendum files were downloaded ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. J...,1.<_1 Company Signature & T ` `�) r` ^ ~ \�_��v\ Date 16-6595Mitigation 22 Credits ~ \ 3. . Bid Response Form Coway Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 16-6595 Mitigation Credits Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. TheVendorfurtherdec|anamUlattheon|ypexaona. connpenyo, part/es 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 Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: ° ° ° SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such diaoounts, 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; NetDays Z Bid Response Form is electronic. Please input your prices online. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be aocepted, to execute a formal contract, if naquired, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. 16-6595 Mitigation Credits 23 , � IN WITNESS WHEREOF,WE have hereunto subscribed our names on this day of , 20 k C. in the County of I --- in the State of „ Firm's Complete Legal Name Address City, State, Zip t \I„.k +- , A Florida Certificate of Authority t":"1, C C Document Number Federal Tax Identification C Lk -c) I Number CCR#or CAGE Code „Th Telephone Number L,' FAX Number 1 Signature/Title Type Name of Signature , Date ) — Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address 16-6595 Mitigation Credits 24 y 0 0 1�'��) �. e 0 <J -- 7 O. CNif 1 1 r, . a - : , ct j (p sn , IA • ti tf 6 I ID 0L► 0 % C 0 0. 0 40 ?+ O "C3 0 as -t, U3 2 D < c 2 >g p0 Cl. co > ` Q3 ? , , , = co co 'io- .0 .0cls .N Ga i co Qa C G a cu a) U 't? '3 CL to co22 112 Cnis I cCocCO I -0 zs "0 0 LL tCO v vaa _r a 11a ":1) aa (1a as as <1) v a? as 2 43 43 43 0 5 I I S t° t° t° t° C w w C cit ra N. to co f-- CC} 0) 0 as as co 2 Q a I us. 's 44,'Asalf&. United States Department of the Interior FISH 411 WILDLIFE SERVICE Cir- omplam.„3‘ lip rill 4FISH AND WILDLIFE SERVICE ;„.....,... .,or. 4a0:4South Honda Ecological Sett -vices Office ... ....:4 444"3 AS14 1339 20th Street Vero Beach,Florida 32960 July 30,2009 Kevin L. Erwin Kevin L. Erwin Consulting Ecologist,Incorporated 2077 Bayside Parkway Fort Myers, Florida 33901 Service Federal Activity Code: 41420-2009-FA-0539 Date Received: June 11,2009 Applicant: Little Pine Island Mitigation Bank Project: Value of Wetland Mitigation Credits as Wood Stork Foraging Biomass County: Lee Dear Mr. Erwin: Ile Fish and Wildlife Service(Service)has received your letter dated June 11, 2009, regarding the value of wetland mitigation credits at the Little Pine Island Mitigation Bank(LPIMB)as wood stork foraging biomass. Based on the habitat types and wetland hydroperiods provided hy the LPIMB following the completion of restoration and enhancement activities,the Consultant in coordination with the Service has determined the following: • Short hydroperiod freshwater forested wetlands (100 percent of total freshwater forested wetlands)provide 1.29 kilograms of fish biomass per wetland credit, which is equivalent to 0.71 kilograms of fish per wetland acre. • Long hydroperiod saltwater forested wetlands (100 percent of the total saltwater forested wetlands) provide 7.10 kilograms of fish biomass per wetland credit,which is equivalent to 2.79 kilograms of fish per wetland acre. • Short hydroperiod freshwater herbaceous wetlands(70 percent of the total freshwater herbaceous wetlands)provide 3.31 kilograms of fish per wetland credit,which is equivalent to 2.09 kilograms of fish per wetland acre. • Long hydroperiod freshwater herbaceous wetlands(30 percent of the total freshwater herbaceous wetlands)provide 6.05 kilograms of fish per wetland credit, which is equivalent to 3.81 kilograms of fish per wetland acre. • Short hydroperiod saltwater herbaceous wetlands(30 percent of the total saliwater ' herbaceous wetlands) provide 3.91 kilograms of fish per wetland credit, which is equivalent to 1.01 kilograms of fish per wetland acre. TAKE PRIDE*A ' `4 1 NAM ERICA Kevin L. Erwin Page 2 • Long hydroperiod saltwater herbaceous wetlands(70 percent of the total saltwater herbaceous-wetlands) provide 7.13 kilograms-offish-per wetland credit, which is equivalent to 1.85 kilograms of fish per wetland acre. Thank you for your cooperation and effort in protecting federally listed species. If you have any questions regarding this project,please contact Mary Peterson at 772-562-3909, extension 327. Sincerely yours, Al " /rico Paul Souza Field Supervisor South Florida Ecological Services Office cc: electronic only Corps,Fort Myers,Florida(Tunis McElwain) DEP,Fort Myers,Florida(Lucy Blair) EPA, West Palm Beach,Florida(Veronica Fasselt, Ron Miedema) FWC, Tallahassee, Florida(Mary Ann Poole,Jane Chabre, Traci Wallace) 5. Local Vendor Preference Affidavit I 1 f-onmsra:ivesem:s Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: 16-6595 Mitigation Credits (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business Collier County ElLee County Vendor 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 Xl of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business, A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction tnai|er, storage shed, or other non-permanent structure 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 Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier 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. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in LiCollier County or Lee County: � ~ Number of Employees (Including Owner(s) or Corporate Officers): -, Number of Employees Living in D Collier County or 0 Lee (Including Owner(s) or Corporate Officers): �} If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. VendorName� �-�' � \(��\�^`6` «��`��=�` ��^r�- LT�(\ Date: ,� ° � °- � ) - �_.'�. Address inCollier orLee County: \ z��ur\ .m Signature: _�[/ v�c* ` ��u~` ,,.__— Title: -'="^�' .� STATE OF FLORIDA 0 COLLIER COUNTY r LEE COUNTY �=� Sw.rn Subscribed Before Me, a Notary Public, for the above State and Counb/, on this ,5e Day of cl~k..a � . 7 [ / / /}r �/ /� ^ ' ^ �'~ ` ' . ~ Notary Public My Commission Expires; '—.~~~~. 0428° (AFFIX OFFICIAL SEALEXPIRES, ;' Saluted Nu%try Public _—_' 16-6595 Mitigation Credits 25 "1) SUOCo104 ,we ti?,..,,, Lee County Tax Collector Tax --y. for 2480 Thompson Street Fort Myers, Florida 33901 bra#e of Ft°i‘-e www.leetc.com Tel: 239.533.6000 Local Business Tax Account: 1500338 Dear Business Owner: Your 2015-2016 Lee County Local Business Tax Receipt is attached below. The receipt is non- regulatory and is issued using the information currently on file with our office. It does not signify compliance with zoning, health or other regulatory requirements nor is it an endorsement of work quality. Annual account renewal notices are mailed in August to the address of record at that time: to ensure delivery of your annual notice, mailing addresses may be updated online at www.leetc.com. If there is a change in the business name, ownership, physical location or if the business is being closed, please follow the instructions on the back of this letter to transfer or to close the account. I hope you have a successful year. 4-r-D- C.L. Lee County Tax Collector Detach and display bottom portion and keep upper portion for your records „a Coo,,ty LEE COUNTY LOCAL BUSINESS TAX RECEIPT 2015 - 2016 Tax Co ik, tor' -,,, ACCOUNT NUMBER: 1500338 ACCOUNT EXPIRES SEPTEMBER 30, 2016 ts,rdre of FtO`�am May engage in the business of: DEVELOPER Location 13041 MCGREGOR BLVD STE 2 FT MYERS FL 33919 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY MARINER PROPERTIES DEVELOPMENT INC MARINER PROPERTIES DEVELOPMENT INC THIS IS NOT A BILL-DO NOT PAY 13041 MCGREGOR BLVD STE 2 FT MYERS FL 33919 PAID 019863-37-1 08/25/2015 12:21 DP500 $50.00 g 6. Immigration Law Affidavit 4 1 3 Coter County eoartr, Attachment 5: Vendor Submittal-Immigration Affidavit Solicitation: 16-6595 Mitigation Credits This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals (REP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor 1 Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's I Bidder's proposal. Company Name !t t :<,,. , � '.' , .. 's\-C Print Name ``, � 2 =_ c Title � - ..2 W.L_ Signature r g Date �uY ,� ;);Vic,. r 9 ,L' i £t 3 i al s �.f State of 1 County of 1 '€ e The foregoing instrument was signed and acknowledged before me this ay of tz ,20/4, by 317 e ; t ct_. A . U •(c rt r' ,)t-who has-pt aced f'5 /Sri e tm, yric, as-identiftcation. (Print or Type Name) (Type of Identification and Number) Notary Public Signature L4..:? t r a i/ . Printed Name of Notary Public ,, EDWINA L VEiLLE TE MY COMMISS401‘ 0 IF Oi 818 Notarilte .,.a si8xp �xRiiRatto Banded thru Notary Pubic Underwriters The sillgnee o is is.vi guava' -- , as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 26 16-6595 Mitigation Credits E-Ver Company ID Number: 369685 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and LPI Wetland Mitigation Bank. Ltd. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E-Verify clause") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names. titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process, 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13 I E-Verify MOU for Employer I Revision Date 09/01109 www.dhs.gov/E-Verify Ever 1 ly Company ID Number: 369685 by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary)for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non-citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: •Automated verification checks on employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. OHS agrees to make available to the Employer at the E-Verify Web site and on the E-Verify Web browser, instructional materials on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to OHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Page 2 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify . Ism �� _ ��. �� - �m�m �� ' iP �� `�- Company ID Number: 369685 Nationality Act U Fd-6-al criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. . 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DNS tentative nonconfirmations and photo non- match tentative nonconfirmations that is designed to provide final confirmation or nonoonflnnatiun of the employees' employment eligibility within 10 Federal Government work days of the date of referral to [)HS. unless OHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Er agrees to provide to the SSA and DHS the mamao, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. . 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept"List B" documents that contain a photo (List8documenteident�e� in8CFR § 274a2(b)(1\(BDo�nbe C.F.R. 274a.2(b)(1)(B))'' presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. • If an employee presents a DHS Form 1-551 (Permanent Resident Card)or Form 1-766 (Employment Authorization Document)to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 131 E-.Verify MOU for Emp'oyer I Revision Date 09/01/09 www.dhs.gov/E-Verify - � en ,� n�m�"�� @�� __________-___'___-______-__ ~__- Company ID Number , ��369685 and written information. The employer will use the photocopy to verify the photo and to assist OHS with its review of photo non-matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. OHS may in the future designate other documents that activate the photo screening tool. G. The Employer understands that participation in E-Verify does not exempt the Employer from the nemponsUoi|ity to comp|ete, retain, and make available for inspection Forms 1-9 that relate to its emp|Oyees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 prnoadurea, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photoa, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A)if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 and E-Verify system compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1-9 has been oomp|eted), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual, or in the case of Federal contractors with the FAR E-Verify clause, the E-Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempdng, in good haith, to make inquiries during the period of unavailability. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied fore Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment pract)ua, or for any other use not authorized by this MOU. Employers must use E-Verify for all new ennp/nyees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article ||.D.1.c. Except as provided in Article U.O, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU, The Employer understands that if the Employer Page 4 of 13 E-Verfy MOU for Employer I RevisionDate 09/01109 vmmmmdhs.go«/E-Verify .,� _ . „ =--- -- -- — ---- m��--------- -------- -------------- Company|ONumber: 3G9G85 uses the E-Verify system for any other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. Q. The Employer agrees to follow appropriate procedures (see Article |||. below) regarding tentative nonconfirmations. including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees. allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article 111.B. below)to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or OHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(|)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or OHS automated verification system to verify work euthorization, a tentative nnnmonfirmadon, a case in continuance (indicating the need for additional time for the government to resolve a msae), or the finding of a photo non-nnabch, does not establish, and should not be interpreted as ovidenua, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, nsduoing, or extending work houns, delaying or preventing kaining, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non-match or if a secondary verification is completed and a final nonconfirmation is issued,then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA, as npp|inab|o, by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part Q below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nononnfirmadnne. TheEmployerfurtherundambandsthatenyvio|ationoftheunfoirimmigration- related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties. back pay awards. and other sanoUone, and violations of Title VII could subject the Employer to back pay awands, compensatory and punitive damages. Violations of either section 2748 of the INA or Title VII may also lead to the termination of its participation in E- PageS of 13 E-Verify MOU for Employer|Revision Date oo/0`me vm^m,.dhs.QomE-Verify ` `-- - - XV USA E- Company ID Number 389685 Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this K8OU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees thait will safeguarddhiainhonnation. andmeansofaonems to it (such as PINS and passwords) toanaurethoi it is notuo�d forany �therpurposo and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the mp/oyerwho are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer va*m to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR EVERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing emple assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors with the FAR E-Verify clause agree to become familiar with and comply with the most recent versions of the E-Verify User Manual for Federal Contractors and the E4/erifySupplernenta| Guide for Federal Contractors. b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial for Federal contractors with the FAR E-Verifydauoe. c. Federal with thFAR E-Verify clause not enrolled at the timeof contract award: An Employer that is not enrolled in E-Verify at the time of a contract award must enroll contract award and. within 90 days oenrollment, begin '- use — ' —'' to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, Page enr1x|s'vem'woufor Employer|Revision Date nym`mn www.dhs.gov/E-Verify e =� ��1��N�- ��'�� Company ID Number: 369685 whether or not ai ed to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor with the FAR E-Verify clause, the Employer must init�teveri5mationofennp|oyeaaassigned hothe contract vv|ihin9calendar days from the time of enrollment in the system and after the date and selecting which employees will be verified in E-Verify or within 30 days of an employee's assignment to the contract, whichever date is later. d. Employers that are already enrolled in E-Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with theFAR E-Verify clause: Employers enrolled in E-Verify for 90 days or more at the time of a contract award must use E-Verify to initiate ver�ootionofemp|oymnente|igibiUvv ty�nrn� h�ean/thcErnp|oyerwhoere vmorkmginthe United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E-Verify as other than a Federal contractor with the FAR E-Verify clauae, must update E-Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Ennp|oye, must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Ernp|oye, enrolled as a Federal contractor with the FAR E-Verify clause in E-Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E-Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a))' State or local governments, governments of Federally recognized Indian thbee, or sureties performing under a takeover agreement entered into with a Fedenal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E-Verify clause may, howaver, elect to verify all new hiras, and/or all existing employees hired after November 6, 1986. The provisions of Article U.D. paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Eloyers who are Federal contractors with the FAR E-Verify clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. g. Form 1-9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E-Verify clause may choose to complete new Forms |-Q for all eximUngunnp/uy*oa other than those that are completely exempt from this process. Federal contractors with the FAR E-Verify clause may also update previously completed Forms 1-9 to initiate E-Verify verification of existing employees who are not completely exempt as long as that Form 1-9 is complete (including the SSN), complies with Page 7 of 13 E-Verify Moufor Employer|Revision Date osm1om vmwn.dhs.gnmE-Verify -�x • sa el 3 Company ID Number: 369685 Article 11.0.5` the employee's work authorization has not expim*d, and theEmployer has reviewed the information reflected in the Form |'S either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1-9 complies with Article 11.C.5' if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, th Employer shall complete a new 1-8 consistent with Article 11.C.5. or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article 11.0.6. but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional dooumentation, or use the photo screening tool described in Article 11.0.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E-Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontnact, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonoonfinna0on, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation. the Employer will provide the employee with a system-generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 1 0 Federal Government work days of the referral unless it Page 8 of 1x|E-Verify MOU for Employer|Revision Date oum1mu vmmW.dhs.ggv/E`VerUy , � _Verd ___~~__~____ _____ Company ID Number: 369685 determines that more than 10 days is necessary. The Employer agrees to check system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non-match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non-match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS. the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter)within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will provide the employee with a referral letter to OHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (paid for at employer expense). 7. If the Employer determines that there is a photo non-match when comparing the photocopied List B document described in Article 11.0.5 with the image generated in E-Verify, the Employer must forward the employee's documentation to OHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. Page yvfo|e-Venfymoofor Employer|Revision Date uem1mg ,vvvw.dhngov0E-Verify -^� � � 1 „,„ . ,„„„ Ver ly------------- ---------'—'--'--'--- -- � Company ID Number: 369605 ARTICLE IV SERVICE PROVISIONS SSA and OHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. Toaccess E- Vehfv. anEnnp|oyerwiUneedaperaona| oomputerwith |nt*rnet access, ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and OHS conduct the E-Verify program unless modified in writing by the nnutua! consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by OHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification prooedunaa, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. OHS agrees to train employers on all changes made to E- Vehh/ through the use of mandatory refresher tutorials and updates to the E-Verify Manual, the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without changes to E'Vehfv. OHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E-Verify clause may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E-Verify clause must provide written notice to DHS. Kan Employer that | � is a Federal contractor with the FAR E-Verify clause fails to provide such notice, that Employer | ^ will remain a participant in the E-Verify pnogram, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E-Verify clouoe, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V. part A of this MOU, OHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or OHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and OHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with OHS, SSA has agreed to perform its responsibilities as described in this MOU. Page mofro|E-veofyMOU for Employer|Revision Date nemxo vmmvv.dbs.Qov/E-Verify � li U, Company ID Number: 369685 D. Nothing in this MOU is intended, or should be construed, to create any right or benefit. substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and OHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act(FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and OHS respectively. Page 11 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov1E-Verify F.;.,15,/ -Ve r : y a,; illllli =' Company ID Number: 369685 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. Employer LPI Wetland Mitigation Bank, Ltd. Raymond Pavelka Name(Please Type or Print) Title 1 Electronically Signed 11/03I2010 Signature ?Date Department of Homeland Security—Verification Division USCIS Verification Division Name(Please Type or Print) i itle LLW Electronically Signed `11103/2010 Signature I date Information Required for the E-Verify Program .information relating to your Company: Com an Name LPI Wetland Mitigation Bank,Ltd. Company Facility Address 413451 McGregor Blvd#31 Fort Myers,FL 33919 i. Company Alternate Address: 13451 McGregor Blvd#31 Fort Myers FL 33919 Countor Parisi LEE Employer Identification Number: 650718457 Page 12 of 131 E-Verify MDU for Employer(Revision Date 09/01/09 www.dhs.gov/E-Verify ,, r r I , Company ID Number: 369685 North American Industry • Classification Systems Code: 541 Administrator: Number of Employees: 5 to 9 • Number of Sites Verified for: — . Are you verifying for more than 1 site?If yes, please provide the number of sites verified for in each State: 6 FLORIDA I site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Raymond A Pavelka Telephone Number: (239)481-2011 ext.103 Fax Number: (239)481-8283 E-mail Address: raymond.pavelka(temarinerproperties.com Page 13 of 13 I E-Verify MOU for Employer I Revision Date 09101/09 WWVv.dhs.gov/E-Verify 7. Vendor Substitute W-9 Collier o unto n n rz:„ve-: L7x-s e, r r f,P Attachment 6:Vendor Substitute W-9 Request for Taxpayer Identification Number and Certification In accordance with-the-Internal-Revenue Service regulations,-Collier-County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal, 1. General Information (provide all information) Taxpayer Name <�� wC ; - i�� ,, L _ ' (as shown on income tax return) Business Name (if different from taxpayer name) Address 1 ,�=� t ,,f t,txc City - _ - ;Nt%,- "> State Te-1. r ._ ,,_ Zip V`=ti Telephone -)7i23/4- t ,s 1 FAX_Ce?1 FAX '2 i_ 1 t ` Emaitya-kLQc ",r, Order Information Remit/Payment Information Address ?-,t4 kY ' w fly, Address li4t `" City a.,-\,, State Zip ` ,l`it Cizr" _ c- ` 1 State s- Zip `s.' FAX x I _ j FAX �3 ;' _ I-t � ' `'S Email 3 t��r a✓ s'�1s", � !\ Email 1-.7".r.4;: 5a a t.:Y^.LM4 2. Company Status (check only one) Individual I Sole Proprietor _Corporation /Partnership _Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification _(D=Disregarded Entity. C=corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) C (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature . _ Date . Title '_ -_ -" Phone Number w '1 1 `5 I :-AA 16-8595 Mitigation Credits 27 ----,., State of Florida Chief Financial Officer Department of Financial Services ,---- Bureau of Accounting . ; # 200 East Gaines Street ,-e-1,---‹ -,,---' Tallahassee, FL 32399-0354 -°::-,..,,.. vkl,„„--• Telephone: (850) 413-5519 Fax:(850) 413-5550 Substitute Form W-9 In order to comply with Internal Revenue Service(IRS)regulations, we require Taxpayer Identification information that will be used to determine whether you will receive a Form 1099 for payment(s)made to you by an agency of the State of Florida, and whether payments are subject to Federal withholding. The information provided below must match the information that you provide to the IRS for income tax reporting. Federal law requires the State of Florida to take backup withholding from certain future payments if you fail to provide the information requested. Taxpayer Identification Number (FEIN): 65-0718457 IRS Name: LPI WETLAND MITIGATION BANK LTD Address: 13041-2 MCGREGOR BLVD FORT MYERS, FL 33919-5945 Attention Of: SHEILA J O'CONNOR Business Designation: Partnership Certification Statement: Under penalties of perjury, I certify that: 1.The number shown on this form is my correct taxpayer information AND 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding or (b) I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of failure to report all interest or dividends, or (c)the IRS has notified me that I am no longer subject to backup withholding AND 3. I am a U.S. citizen or other U.S. person (including U.S. resident alien) Preparer's Name: SHEILA J O'CONNOR Preparer's Title: SECRETARY Phone: 2394812011 Ext: 102 Email: sheila.oconnor@marinerproperties.com Date Submitted: 03/30/2016 . , Date printed from the State of Ronda Substitute Form W-9 Website:03/30/2016 , _ 8. Insurance and dig Requirements . . , �~�� Attachment 7: Vendor Submittal -Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1, El Worker's Statutory Limits of Florida Stahutea, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. Employers Liability $ single limit per occurrence 3. Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ 1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. E |ndemnifioadon To the maximum extent permitted by Florida law, the Conhootor&endor/Cunou|tontahaU indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costa, ino|uding, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the neg|igemce, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 4 [] Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. [1] Other insurance as Watercraft $ Per Occurrence noted: LJ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. � Per Occurrence [1]Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. � Per Occurrence [l] Pollution Per Occurrence El Professional Liability $ '�� .` �.� per claim and in the aggregate o $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate LII Project Professional Liability $ Per Occurrence LI Valuable Papers Insurance Per Occurrence 16-6595 Mitigation Credits 28 Ej Employee Dishonesty/Chme Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. ElBid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County C|erk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation 70 Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100Y6 of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Ownerpruvided, however, the surety shall be rated as ^A+^ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by AM. Best Company, Inc. of 75 Fulton Stneet, New York, New York 10038. � 8E Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. Collier County must be named as"ADDITIONAL INSURED'on the Insurance Certificate for Commercial General Liability where required. 10. a The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Govarnment, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11 �J Thirty (30) Days Cancellation Notice required. RLC 2/29/2016 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm 6' ~ �L`� [TKDate ^ �U `uL Vendor Signature ~6/ / Lr'. .�~`�_ ' r Print Name \\ Insurance Agency r \_\��`�' ,\«��`��=`�� Agent Name " �A.LTelephone Number 16-6595 Mitigation Credits 29 '—` ` p��_ 9. Proof of Little Pine Island Mitigation Bank's Florida Department of Environmental Protection Permit and US Army Corps of Engineers Approvals ais q&01tulok Department of FIOR(DA Environmental Protection I win Towers Office Building (..awtori Chiles 2600 Blair Stone Road Virg ni.i R W,tirereH (,ov,inot Tallahassee, Florida 32399-2100 Serfrt./1y -_- PERMITTEE: Permit Number. 362434779 Mariner Properties Development, Inc. Date of Issue:ebrun ry 6, 1996 Raymond A. Pavelka Expiration Date: t'erPetun t 12800 University Drive, Suite 675 County: Lee Fort Myers, FL 33907 Project: Environmental Resource This permit is issued under the provisions of Chapter 373, Florida Statutes, Public Law 92-500, Title 62, and Rule 62-342, Florida Administrative Code. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawings, plans, and other documents attached hereto or on file with the Department and made a part hereof and specifically described as follows: PROJECT DESCRIPTION: The project is to construct a commercial mitigation bank by removing exotic vegetation (melalcuca, Brazilian pepper, and Australian pine) from approximately 1,565 acres of previously disturbed or impacted coastal marsh, salt flats, mangroves, and pine flatwoods; constructing temporary haul roads, as needed, and restoring to grade, and backfilling and plugging 48.3 acres of mosquito ditches. The mitigation service area includes the 100 year flood plain of Charlotte and Lee counties and portions of Sarasota and Collier counties. PROJECT LOCATION: Little Pine Island is a 4,670" acre island in the Matlacha Pass Aquatic Preserve. Located west of Cape Coral and east of Pine Island in Sections 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, and 36, Township 44 South, Range 22 East, and unsurveyed Sections 16 and 21, Township 44 South, Range 22 East, Lee County, within the landward extent of the Matlacha Pass, and Matlacha Pass Aquatic Preserve, Class II Waters, prohibited for shellfish harvesting, Outstanding Florida Waters. GENERAL CONDITIONS: 1, The terms, conditions, requirements, limitations and restrictions set forth in this permit, are "permit conditions" and are binding and enforceable pursuant to Sections 403.141, 403.727, or 403.859 through 403.861, F.S. The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions. 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department. "Protect, Conserve and Manage frlorica's Environment end Natural Resources" Printed on recycled paper. Permittee: Mariner Properties Development, Inc. Permit No: 362434779 Page 31 Exhibit C -Little Pine Island Wetland Mitigation-Rank-Assessment Exhibit D - Wetland Type Acreage by Phase Exhibit E- Mitigation Credits for each Wetland Type by Phase Exhibit F - Standby Trust Fund Agreement Exhibit G - Little Pine Island Preservation Trust Agreement Exhibit H - Ledger Exhibit I - Little Pine Island Land Use Agreement Recommended by Ger-y.�_ fn � STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION fr Virginia B. ethereli, Secretary pages attached. FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to 120.52(9), Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. LG. 1 2/ /q Clerk Date DEPARTMENT OF THE ARMY PERMIT Permittee: Mariner Properties Development, Incorporated Mr. Raymond A. Pavelka, President 12800 University Drive, Suite 675 Ft . Myers, Florida 33907 Pelluit No. : 199400037 (IP-GS) Issuing Office: U.S. Army Engineer District, Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: Construction of a wetlands compensatory mitigation bank by restoring the natural landscape on approximately 1, 598 acres of previously disturbed or impacted wetlands consisting of coastal marsh, saltflatS, mangroves, and pine flatwoods. The vegetative landscape will be restored by mechanically removing exotic vegetation (melaleuca, Brazilian pepper, and Australian pine) . The temporary discharge of fill material is authorized in limited areas to construct a temporary staging area, office compound and nursery and temporary haul roads for ingress and egress to the work areas . The project also involves backfilling approximately 48 .3 acres of mosquito ditches . The work described above is to be completed in accordance with the attached Little Pine Island Mitigation Banking Instrument (LPIMBI) dated October 31, 1996, and a single drawing labeled "19940037 (IP-GS) Little Pine Island Eagle Nest Location Map" dated 23 December 1994 . Project Location: The project is located on Little Pine Island, a 4 , 670-acre island in the Matlacha Pass Aquatic Preserve. The -1- ! public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit . Your signature belo , as permittee, indicates that you accept and ag ./i4tocomplxwithhe 'erms and conditions of this permit . / 4/ 1 %) , _-.......- ,,, 212S-197 , , ( " RMITTEE) — (DATE) M . Raymond A. Pavelka, President Mariner Properties Development, Incorporated This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. ti J 799 / tritli /(DISTRICT ENGINEER) (DATE) ,--.Terry L. Rice Colonel, U.S. Army When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner (s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. t (TRANSFEREE) (DATE) m 1 . (NAME-PRINTED) (ADDRESS) t (CITY, STATE, AND ZIP CODE) i g -9- _.... I LITTLE PINE ISLAND MITIGATION BANK BANKING INSTRUMENT OCTOBER 31, 1996 '['he purpose of this Banking Instrument is to document the Sponsors [Banker] and Agencies' concurrence on the objectives and administration of the Little Pine Island Mitigation Bank. BANK GOALS AND OBJECTIVES: The State of Florida, as the land owner, has granted Mariner Properties Development, Inc. [Banker] a license via a Use Agreement #U-0272 dated July 1995 (Exhibit A). The State has identified two primary goals for the Bank in the Use Agreement: I. Restore those portions of Little Pine island presently disturbed by invasive exotic vegetation and man-made ditches to more natural upland and wetland habitats, reminiscent of Little Pine Island's historical (pre-1960's) condition, and 2. Establish the method by which the physical and financial aspects of the long-term management and maintenance of the entire island will be assured in perpetuity without additional financial burden on the State of Florida. The federal agencies'overall goal,for mitigation banking(as taken from the Federal Guidelines dated November 28, 1995, and published at Volume 60, Federal Register, pages 58605-58614) is to provide economically efficient and flexible mitigation opportunities,while fully compensating for similar wetland and other aquatic resource losses in a manner that contributes to the long-term ecological functioning of the watershed within which the Bank is located. The Banker's goals are consistent with those stated above and throughout the Federal Guidelines and will be achieved by: • Implementing a broad based landscape restoration project on Little Pine Island, more specifically: - Removal of exotics (i.e., melaleuca, Brazilian pepper, and Australian pine). - Removal of mosquito ditching and berms to restore hydrology. - Restore plant habitat by encouraging regermination from the native seed bank and, if necessary, supplement by planting with stock from a temporary on-site nursery. - Restore wildlife habitat as a result of the above actions and long-term maintenance of the habitat. 1 • PROVISION FOR LONG-TERM MANAGEMENT AND MAINTENANCE: These procedures will be in accordance with the Long-Term Management Plan submitted in our Permit Application, as it may be conditioned by the DEP and U.S. Army Corps of Engineers Permits No. 362434779 and No. 199400037(IP-GS), respectively, and as may be amended from time to time with the consent of both the DEP and the U.S Army Corps of Engineers. GENERAL PROVISIONS: 1. Right of Entry. Any representative of the MBRT shall have the right of entry to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of this instrument. 2. Definition of Terms. A definition of terms is provided as Exhibit Q. 3. Literature Cited. The literature cited in this instrument are provided in Exhibit R. 4. Disclaimer of Policy or Precedent_ The signatories to this instrument recognize that Mitigation Banking is a concept that is only beginning to be implemented through decisions in individual permit applications. As the reviewing agencies obtain more experience with the passage of time dealing with and evaluating the level of success achieved by mitigation banks, more definite policies can be developed and applied to each application. To the greatest extent practicable, a uniform method of reviewing and evaluating mitigation banks will be the goal of these agencies. At the present time, however, the lack of such experience requires that permit decisions be reviewed on a case-by-case basis, as was described in the Regulatory Guidance published at p. 58606 of the Federal Register, November 28, 1995. Therefore, nothing in this instrument should be construed to constitute an expression of policy by the signatories or to set a precedent that would limit the discretion of these signatories in future or subsequent actions. SPONSOR: By: Mariner Properties Development, Inc As Banker (- Date: ( 17 117 Ra ond A. Pavelka, President 7 AGENCIES: By: . Army Corps of Engineers Date 44 IC 47 Terry L. ce Col U. S. Army District Engineer By: Environmental Protection Agency c Date: g ifid 97 Ro•ert . cGhee Director of Water Management (Beverly H. Banister for) By: U. S. Fish & Wildlife Service Southeast Regional Office Date: -7 ' 7 I MODIKAEXWWCe?ffrey L. Haskett itet,iadataitaNITX'Assistant Regional Director By: National Marine Fisheries Service Date: /,2/5"/76 Andreas Mager, Jr. Assistant Regional Director Habitat Conservation Division 8 FIRST ADDENDUM TO THE LITTLE PINE ISLAND MITIGATION BANK BANKING INSTRUMENT This Addendum shall become effective when signed by the Banker and-all-MBRT agency representatives on the latest date noted below. WHEREAS the Little Pine Island Mitigation Bank Banking Instrument dated October 31 , 1996 has been approved and signed by all MBRT agency representatives except the U.S. Fish & Wildlife Service, and WHEREAS the USF&WS does wish to become a party to the Little Pine Island Mitigation Bank Banking Instrument subject to certain modifications, clarifying intent and documenting the USF&WS preferred position. NOW THEREFORE, the parties signing below do hereby acknowledge and agree to the following modifications to the original Banking Instrument as an inducement to having the USF&WS become a party to the Little Pine Island Mitigation Bank Banking Instrument dated October 31 , 1996: 1 . MITIGATION BANK SERVICE AREA on page 3 shall read as follows; The mitigation service area for the Little Pine Island Mitigation Bank will include the northern portion of Collier County, Lee County, Charlotte County, and a portion of Sarasota County inland from the coast to the 100-year flood plain line. This line generally runs just west of Route 41 , but in some areas, such as the major rivers (Caloosahatchee and Peace), it runs east of Route 41 (Exhibit F). The MBRT recognizes that the Florida Department of Environmental Protection (DEP) Permit allows use of the Bank to offset impacts that occur outside the Service Area for linear projects, projects with impacts of less than one acre, and on a case-by-case basis. The MBRT will also allow for case-by-case review of such projects through the U.S. Army Corps of Engineers Regulatory Program. However, notwithstanding DEP approval, the MBRT may disapprove use of the Bank or apply a higher mitigation requirement for impacts occurring outside the Service Area. The USF&WS prefers that out of Service Area utilization be limited to linear projects and where mitigation credits can be applied on a "kind for kind" basis. 1 . . . SPONSOR: By: Mariner Properties Development, Inc. As 13"a,riker 0.. I, 4 1 \ / 7' / .1 s I inl 7 - .1 ) i j„,_____j /,/,,, 1 Date 6aymond A. Pavelka, President , ‘ AGENCIES: By: U.S. Army Corps of Engineers / -7 , , — s.... ... \ , i /2 7/7 //1-7 — 6,--; - Date Joe'i3/..' Miller Co/U.S. Army •District Engineer By: Environmental Protection Agency (i 1 1 /2 /F /97 ' Gri4.0 i41, rill Date Beverly H.,Banister for Robert F. MGhee Director of Water Management By: U.S. Fish & Wildlife Service Southeast Regional Office , --,. ,,,: ---,' i '.: I I 1 ..., if - . • 1 , Date Geoffrey L. liaskett Assistant Regional Director i i By: National Marine Fisheries Service I , , / 1 Date Andreas Mager, Jr. g Assistant Regional Director - Habitat Conservation Division I i 3 1 , \ A Rd' CERTIFICATE OF LIABILITY INSURANCE DATE( / 3/20/2017nYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS" CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sandy Balzarini Private Client Insurance Services PHONE FAX 9736 Commerce Centre Ct. (A/C.No,Ext):2_39-481-1949 (A/C,No):888-853-7192 Myers FL 33906 E-MAIL Fort ADDRESS: sbalzarini@pcis-fl.com PRODUCER CUSTOMER ID#:MARI-66 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA:Evanston Insurance Co. 35378 LPI Wetland Mitigation Bank, LTD 13091-2 McGregor Blvd. INsuRERB:AmTrust North America Fort Myers FL 33919 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1422357887 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTRINSR WVD POLICY NUMBER _(MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY Y Y 3AA124317 1/1/2017 1/1/2018 EACH OCCURRENCE $1,000,000 DAMAGE TOREN ED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $50,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $1,000 PERSONAL 8 ADV INJURY $excluded GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $excluded POLICY PCT , LOC $ A AUTOMOBILE LIABILITY Y Y 3AA124317 1/1/2017 1/1/2018 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $0 $ g WORKERS COMPENSATION AWC1074755 1/1/2017 1/1/2018 WCSTATU- 0TH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) For any and all work performed on behalf of Collier County. Agreement 16-6595 Mitigation Credits CERTIFICATE HOLDER CANCELLATION 30 days cancellation notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED Collier County Board of Commissioners IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail, East Naples FL 34112 Collier AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE