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Backup Documents 10/11/2016 Item #16A16 (SWFL Wetlands) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TQ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SN ,TT2Il Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County tt n y cej 0,r at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the CquyrtykAtto ie cc no alcr than Monday preceding the Board meeting. t r ,. 0 - ii) * *NEW**ROUTING SLIP OP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is.,115a f a the exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the e'ounty Attorney Office. Routed by Procurement Services to the Office Initials Date Following Addressees)(In routing order) 1. Risk Risk Management 9ir' 2. County Attorney Office County Attorney Office - `t4 3. BCC Office Board of County ` C"' 1 Commissioners \r‘\1411 4. Minutes and Recordset-i � �� Clerk of Court's Office JgJ 5. Return to Procurement Services Procurement Services Division Contact: Viviana Giarimoustas PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Viviana Giarimo stas for Evelyn Colon Phone Number 239-252-8375 Procurement Staff Contact and Date Agenda Date Item was 10/11/2016 Agenda Item Number 16.A.16 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account\ N/A Solicitation/Contract 16-6595/SWFL number if document is Number/Company Wetlands to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? l A , /--3df�' 2. Does the document need to be sent to another agency for additional signa res? If es, N/A provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VG signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. t 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip VG should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on the date above and all changes made V during the meeting have been incorporated in the attached document. The County 0 Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the ' BCC, all changes directed by the BCC have been made, and the document is ready ft e Chairman's signature. \ ':: I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revis-• '.15;Revised 11/30/12 1 6 A 1 6 MEMORANDUM Date: May 8, 2017 To: Viviana Giarimoustas, Purchasing Tech Procurement Department From: Ann Jennejohn, Deputy De ut Clerk Minutes & Records Department Re: Contract #16-6595, Mitigation Credits Contractor: Southwest Florida Wetlands Joint Venture Attached, please find an original copy of the contract referenced above, (Item #16A16) approved by the Board of County Commissioners on Tuesday, October 11, 2016. The second original contract will be held in the Minutes and Records Department for the Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment AGREEMENT16-65951 6 A 6 ' for Mitigation Credits [Secondary: Herbaceous Freshwater (UMAM)] THIS AGREEMENT, made and entered into on this j( day of 06- b<t 2016, by and between Southwest Florida Wetlands Joint Venture, authorized to do business in the State of Florida, whose business address is 10097 Cleary Blvd, Suite 303, Plantation, FL 33324 (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 Southwest Florida Wetlands Joint Venture [Secondary Herbaceous Freshwater(UMAM)] y, 16A16 6 A 6 3.2 The Contractor is the Secondary for the following credits: Credit Description Herbaceous Freshwater (UMAM) If the Primary Contractor cannot provide requested services within the timeframe specified by the user division, then the Secondary Contractor will then be contacted; see Exhibit A. 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 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. Page 2 of 10 #16-6595 Mitigation Credits Southwest Flonda Wetlands Joint Venture [Secondary:Herbaceous Freshwater(UMAM)] 16A16 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: Southwest Florida Wetlands Joint Venture 10097 Cleary Blvd, Suite 303 Plantation, FL 33324 Attn: William Barton, Authorized Agent Phone: 954-642-2427 Fax: 866-433-4057 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 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 Page 3 of 10 #16-6595 Mitigation Credits Southwest Florida Wetlands Joint Venture [Secondary:Herbaceous Freshwater(UMAM)] 16A1 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) hours after receipt, of any notices of expiration, cancellation, non-renewal or material Page 4 of 10 #16-6595 Mitigation Credits Southwest Flonda Wetlands Joint Venture [Secondary:Herbaceous Freshwater(UMAM)] 16A16 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 #t6-6595 Mitigation Credits Southwest Florida Wetlands Joint Venture [Secondary.Herbaceous Freshwater(UMAM)] 1 6 A PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No 18. PRO organization or individual O shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, 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 Southwest Florida Wetlands Joint Venture [Secondary.Herbaceous Freshwater(UMAM)] 1 6 A 1 6 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 Southwest Florida Wetlands Joint Venture [Secondary:Herbaceous Freshwater(UMAM)] 16A16 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 Southwest Florida Wetlands Joint Venture [Secondary:Herbaceous Freshwater(UMAM)] 1 6 A 1 6 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: COLLIE' TY, FLORIDA Dwight E. Brock, Clerk of Courts By: C �tkik-t_ . kuji? (/ By: / d� .L Penny Tayloairman , Dated: ' 'A l (SEAL) Attestas, Chairman's Southwest Florida Wetlands Joint Venture ' 'signature only. Contractor \ ...y.L..� By: 6t-e2)0."_:-L--f--------. • First ess Sign re M7 "v\ohk ,Sce �lU .a�Z3d) AixN�ri2 TType/print witness naeT TType/print signature and titl)eT JJ m ( � Second Witness TType/ rint witness nameT Approved as to Form and Legality: ---1 i d.7‘, ..-- ---\--------- A istant County Attorney ' “C tni AcFf mac' -- cIC.rc Print Name tj Item# •1 Agenda i D A .....i i' Date - Date -J' �� Rec'd A Deputy Clew Page 9 of 10 #16-6595 Mitigation Credits Southwest Florida Wetlands Joint Venture (Secondary:Herbaceous Freshwater(UMAM)] 16. 416 EXHIBIT A— FEE SCHEDULE CREDIT DESCRIPTION SECONDARY UNIT PRICE Herbaceous SW FLA Wetlands Joint Venture $80,000 Freshwater d/b/a Panther Island Mitigation (UMAM) Bank Page 10 of 10 #16-6595 Mitigation Credits Southwest Florida Wetlands Joint Venture [Secondary:Herbaceous Freshwater(UMAM)] 1 6 A 1 6 PERSONAL&CONFIDENTIAL MEMORANDUM TO: Management Committee FROM: David L.John DATE: November 29,2016 SUBJECT: William L Barton authorization to sign the Collier County Contract This Memorandum formally requests approval by the Management Committee of Southwest Florida Wetlands JV ("SFWJV") aka Panther Island Mitigation Bank that William L Barton has the authorization to execute on behalf of SFWJV the attached Contract between SFWJV and Collier County Board of County Commissioners. Agreed to and approved this day of 74r : ,2016. Bradley A Boaz / r,,.--" J Bradley Stoekhem William t,Barton David L John 1 6 A16 COLLIER COUNTY, FLORIDA INVITATION TO BID SOLICITATION 16-6595 Mitigation Credits BID OPEN DATE: March 31, 2016 — 3:00 P.M. '4\ Panther-4) MiTtGATAON BANK SUBMITTED BY: SOUTHWEST FLORIDA WETLANDS JOINT VENTURE dba PANTHER ISLAND MITIGATION BANK 1 1 6 A 1 . 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 Panther Island Mitigation Bank's South Florida Water Management District Permit and US Army Corps of Engineers Approvals 6Th 1 6 A 1 1. Addendum 1 1 6 A 1 t. CAT COleffitY Email: evelyncolon©colliergov.net Adrunstratve Seroces Department Telephone: (239) 252-2667 Se,- a3tor 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 March 23, 2016 Solicitation Deadline Date and Time ..t, 1.! 47,_ March 31, 2016 3:00PM Anticipated Evaluation of Submittals April 2016 Anticipated Board of County Commissioner's Contract Approval May 2016 Date 1 6 A 1 • 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: Mafch-303-20-1-6-@-32.-90PM March 31, 2016 p 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 solici - 11.0110, a t, 44:•) (Signature) Date (Name of Firm) 1 A16 2. Vendor's Checklist 1 6 A 1 6 Colt ler County AdM nstratIve Saris Department Pmer ;;EI,T;es isc. 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. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. 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 lists, 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 electronically, bidder will need to download all related documents on www.colliergov.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. %T. 7 Compan,y)N a mile v\c, Signature &Title Date 16-6595 Mitigation Credits 22 . „ 1 6 A 6 3.Bid Response Form 1 6 A 1 6 Co ter Co Win' kdmInistralve Ser,ces Department Pcierent _< Attachment 3:_Vendor Submittal - Bid Response Form ,„ FROM: A 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. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The 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 discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: Days; Net Days 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 accepted, to execute a formal contract, if required, 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 16A1 41 IN WITNESS WHEREOF,WE have hereunto subscribed our names on this *- `'� day of t .; , 20 y in the County of ._c x , r , in the State of Firm's Complete Legal Name �_ ' Address 1 \, J { City, State, Zip '` ... Florida Certificate of Authority t �f; C Document Number Federal Tax Identification = : Number CCR#or CAGE Code Telephone Number Lt _ . - Lt's 1 FAX Number `" L Signature /Title Type Name of Signature . W! �.;. � � • z 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 16A1 . • 4. Bid Sheet I'I� I 6 A 1 6 '75 ,.. a Li, 11 r:i .`g --7'. ..... o c) ...I , q 0 f '..' -, t........ ....' „.> e..,.. ..,,,, ,,,,,,.., ,.... . ct.... ...... , ..,.,) ...".. Sot - ... z „,.., ' 2 ----, ..,F.,.. 4: ,_,,,'-,2 c---r' 2 '---. (.;-- --- -,-. -c- ----. --,-` ---- C.1 .".) Gi) +a Cri 153 al L. en tj CD t C I.0 0 e0 tz — T5 2 c 0 r.;..,- c. ... . _ L... 6 Ut — >, 0 "C 0 --) CO 0 a) 2. .0 .0 -0 D < -.-- = 0 CU o 4)- a) CD D CU CU Co - 4> u) u, u) co il CD (D Cll co ..= Co Cil CO 45 -5 .i.7) ^E.-5 cl. cr, cr) 4: co Co a) Co 22 22 Tti -C _C IL IL CO (.0 (.0 _r_. CO CO Cf) ch U) u) (I) 92 El? -Fa = -10 "C -o 0 0 = = IL u._ up 2 22 Co Co 00 0 c a) .2) -0 -0 -0 v 43 a) a) 0) 2 ro 0 0 0 Co Co CL) a) .•: a) o) 0) — C..0 CU CI3 CO M 03 RS CD v -0 v 0 c -5-• . I°' I Co3 I6 1.I..0 i i.0 2 i.t...° ul t..tic LU c LU t.ii C`') VI' LC) (.0 N- CA CI) CD CO CO -r-- L r- NY to 2 _ c) 1 i 1 6 A 1 6 EXCEPTIONS TO SPECIFICATIONS Bid Price Clarification—Freshwater Herbaceous or Freshwater Forested UMAM Credit and Panther Habitat Units The Eighty Thousand dollars and no cents ($80,000.00) lump sum amount per Freshwater Herbaceous or Freshwater Forested Credit bid by Panther Island Mitigation Bank(PIMB) is a unit price per single Unifoi in Wetland Assessment Method(UMAM) wetland credit. At PIMB, there is 34.80 PHU's for each single wetland mitigation credit in the bank. The purchase of one (1) wetland credit from PIMB would help satisfy the obligation of Collier County to mitigate for a freshwater forested or herbaceous wetland impact for the State and Federal Permit on a given project and in addition the County would receive 34.80 PHU's that may be used to mitigate for Florida Panther Habitat on the same project. For example: To receive Ten (10) wetland mitigation credits from PIMB, the cost would be Eight Hundred Thousand dollars and no cents ($800.000.00). With the purchase of 10 wetland credits, the County would also receive 348 PHU's from PIMB. e 16A16 N2 � •E N 0."= 'q 973 C) .- ® " Q)0 o 20 00 = "0 0 0 a cC) N s >, a � v , . a,. CI.Z `m o w. m m ' a cz C).- ty m = 0 0 m. c v - Q .= >-.'"-- en w-. tc Q. Z u) Q C Q 0 0 0 to Q Z U) 0 to ciO t» N N u- '- N 4) 4) ) Q) 4) 4) N D Q- 0 O O o. C). C2 0. Ci. n. C3. a..D CD E Z 0) 0) o p)0) d) 0)0) 0) t7) co 6)S o Y .SC YYYYYY -G YY CL 63 O Y of O N P C+ tY , ,y e) ,,, to E73 e) S c",, rf Com{) e�) m I0 N MNP- P- , - "'' o rc e< �- M O a, <.• h- r CY 73 0y7 ,t r r t0 N µ W" O r t- to t*? h M r N rO � r C -0 C D d. to O N0) 0 .+psi ti :mss 0t m c cz to 0 S t ft ?C O O 0_ L mE to 1.0 C) O C7 O L"') ',/ 0 CJ) 141L7 t0 C)) 0) 0) O - U C'7 t'rS P- e- P- O 0 CO t€`) ,..0 tt1 0.0 CCY r r t"7 t3? O C ,s( r r r r r CP *- tef r r (*7 C'°) 0) 0) r r r CO CO C 0 as co — •%,„ r r r . *-- .- *- r- r F-- r... r r r r .0 0 0 0 a) r CO as O to as > a C a as c� c O � m 0 0 - 000. ,`:x00. N U7 C 0 ,- C C Q 0 y "C a3 . 0U 04tJJ 'o 0 - ;-:)- '>-0 0 CCF' 0 ea 0 tai S Z O c c. Lc 0 ' c: c t6 ttx ca to - ,_�.c -0 P to ))) r -? tt) co ss zt u) - u3 cn v € C N N t` ;4 4, Ts L. c c' .. t CC CL iM 'M 0 0 '. c C) U Y eL co G - fl) 44 L 4) 4) a) as 4) a - m m 3 �-"* 03lnm0C) C) >L 30 L..) Lli LU O. Li ..7.1 .� aC. a. alasau.... u„ 1 6A16 5. Local Vendor Preference Affidavit ("Z 1 �� Cottier Comity md»niwwtvuS=~°=Deoarsnent 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 4 Collier County DLee 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 X| 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 |im�oofCoiU� r 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, oro non-permanent structure such as a construction trailer, 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 inc|ude, 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 E1Collier County or El Lee County: \ c\, Number of Employees (Including Owner(s)or Corporate Officers): c� Number of Employees Living in Collier County or El 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. Vendor Name: -�� `�lu`[»��^\u�~��--1! Date: vu�— ��L` �| Address in County: 7 �` � "^� �� \ \�� 7 �[�� \�� ^i � \�� _ | ~ ��`]'-�rL�-�-~-- Title: ��^}»��\-z�� Signature: � STATE OF FLORIDA CI COLLIER COUNTY V4,1 LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of N1412'C�\~� . 20okLerv-t A-- /(� NptoryPubUo ~^~~ ~~ AM.�� ~- '� � PNy(}onlmissionExpires: ^�-/'/-^)0V�� MOWER LYN MOWN. (AFFIX OFFICIAL SEAL) Como.-Expires Boo 1`214 25 16-6595Mitigation 1 6 A 1 6 1 x oo cv 0o 0 V m tii w fn o iii PZ O. 02 0S cT? 2:49 Z tL' C] M^ ft. iLLil q` Z < —0 x z < } 4 03tr/ Z 0) ~ C 0.' ril fA j 47 W0 $ Tu1ZD -- 8 0c I- 92 MF•JUJ v *ft z4- r <- II/ 0 F a. a / oc„,,,to ,. ii,, ,,,,i. - : §2..e 410 03 c MI 7,1 1- "` UUee xbr Vc3 I =- vs r c x • tel - Q8p 0 4, C} - .-. u. a w 0 MI t ....4E : 6x o • o <ya � x oo Q 0 U.1m m c. c ._8- -t ptz, w- m m w c., 'n a n., o v o.m p u c4 c�, W 03 (t) v o t z C.0 til � �.0 co0zc6 1 1 6A 16 . Immigration Law Affidavit | Cater County Administanve Serve,es Depattnent 1 6 A 1 6 Attachment 5:Vendor Submmittml—lmmmmigrmtimnAffidavit 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(RFP)submittals Further, Vendors I 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 Vmmdon/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contractto any vendor who knowingly employs unauthorized aFien workers, constituting a violation of the employment provision contained in8U.S.C. Section 1324 a(e)Section 274A(e)of the Immigration and ITationality Act e|NA") 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/Bidder's pnopooai ~~ ' -r -� ' CompanyName �~ �~ L�u�� \ \/ Print Name �`k Title �� _�� ' /� ~x. ��/\�� Signature [��^-/��^�-��-~� --- Date ^ � g-`-'-':- � =i�} _ State of rt-c)tat bA- Cmuntymf Lee � MA-ie-e-4-1- . The foregoing inm�omamuwas signed and acknowledged before mnethis ��=-doyuf .2uh, hy IA)i1-1--t A-ien v\-S who has produced �� L`� ` �� oo�en�c�on. (Print or Type Name) (Type of Identificaon and Number) ° _, ' `� � * -,` '' Notary Pub 8ignatu4 /�*=�� > - 0/^��] � MOWER um�N��^ �� . ~.� ^~. ,_ ^~.�� ' . ._ �� Pr��dName ofNo��PubUc � ' �M`�w#�� %�w��*��«�~' f-r Vi°`'I / / -I ` =-~-- o _ `-""— Notary Commission Number/Expiration � - The signee of this Affidavit guaranteesas evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 261o�soom�q#mnon�� -� / `^-, i 6 A 1 6 _if E_verl y Company ID Number 393942 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 Southwest Florida Wetlands IV (Employer) regarding the Employers participation in the Employment Eligibility Verification Program (E- Vetify). 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-VeriN 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 13J E-Verify Mal for Employer I Revision Cate 09/01/39 www.dhs.gov/E-Verify ,....„ _ 1 6 A 1 6 E- v er ry Company ID Number: 393942 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. OHS agrees to provide the Employer names, titles, addresses, and telephone numbers of OHS representatives to be contacted during the E-Verify process. 3. DHS 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. OHS 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 E-Vreify MOU for Employer Revision Date 09.101ing www.dhs.gov/E-Verity 6 A 6 Company ID Number 393942 Nationality Act (INA) and Federal 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 employeesemployment eligibility within 3 Federal Government work days of the initial inquiry, 8. OHS agrees to provide a means of secondary verification (including updating OHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non- match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, 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 Employer agrees to provide to the SSA and DHS the names, 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-Venfy 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. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B))can be 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 OHS Form 1-551 (Permanent Resident Card) or Form I-788 (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 13 E-Vertty MOU for Employer Revision Date 09/01109 www.dhs.gov/E-Verity 1 6 A 1 6 E ry Company ID Number: 393942 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. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 2748 of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, 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 OHS 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 nonconfirrnation; 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. 01-IS 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 completed), 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 attempting, in good faith, 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 for a Social Security Number(SUN) 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 practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article 11.D.1.c. Except as provided in Article 11.0, 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 1 E-Verify MOU for Employer I Revision Date 09/01/00 www.dhs.govIE-Verify • ... i b A 1 6 E- .., r fy .. , Company ID Number 393942 uses the E-Verify system for any purpose 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. 9. The Employer agrees to follow appropriate procedures (see Article III. 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 U.S. 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 DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non-match, does not establish, and should not be interpreted as evidence, 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, reducing, or extending work hours, delaying or preventing training, 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 OHS 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(TOD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 2748 of the INA, as applicable, 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 2746(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 D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations.The Employer further understands that any violation of the unfair immigration- related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, 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- Page 5 at 73 I E-Venfy MOU for Employer f Revision Date 09M1/09 www.dhs.govIE-Verify 0 16A16 • EVenly Company ID Number: 393942 Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-804.255-8155 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 pont 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 OHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOD. The Employer agrees that it will safeguard this information, and means of access to it(such as PINS and passwords)to ensure that it is not used for any other purpose and as necessary to protect its confidentiairty, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer`s responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or OHS 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 agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting OHS and SSA, upon reasonable notice,to review Forms I-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 E-VERIFY 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 employee 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 E-Verify Supplemental 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-Verify clause. c. Federal contractors with the FAR E-Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify at the time of a contract award must enroll as a Federal contractor with the FAR E-Verify clause in E-Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, Page 6 of 13 i E-Verify MOU for Employer I Revision Date 09/01109' wlww.dhs.gov/E-Verify • 1 6 A 1 6 Evenl y Company ID Number: 393942 whether or not assigned 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 initiate verification of employees assigned to the contract within 90 calendar 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 the FAR 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 verification of employment eligibility for new hires of the Employer who are working in the 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 clause, 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 Employer 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 Employer 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 tribes, or sureties performing under a takeover agreement entered into with a Federal 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, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.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, Employers 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 1-9 for all existing employees 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 I E-Vertfy MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 1 6 A 1 6 E-ver f Company ID Number: 393942 Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 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 II.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, the Employer shall complete a new 1-9 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.C.5, 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 documentation, or use the photo screening tool described in Article 11.a5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide far 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 subcontract, 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 nonconfirmation, 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 10 Federal Government work days of the referral unless it Page 8 of 13 I E-Verrfy MOO for Employer Revision Date 09/01/09 www.dhs.gov/E-Verify 16A16 E-Vein Ify • Company ID Number: 393942 determines that more than 10 days is necessary. The Employer agrees to check the E-Verify 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 OHS 1. If the Employer receives a tentative nonconfirmation issued by OHS, 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 OHS 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 OHS; 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 DHS, 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 OHS 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 II.C.5 with the image generated in E-Verify,the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow OHS to resolve the case. Page 9 of 13 I E-verity MOU for Employer l Revision#late 09/01/09 www.dhs.gov/E-Verify 1 6 1 6 EVenly st,VN Jim! Company ID Number: 393942 ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries_ To access E- Verify, an Employer will need a personal computer with Internet 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 mutual 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 DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes_ DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual, the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without changes to E-Verify, 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-Venfy is terminated or completed. In such a circumstance, the Federal contractor with the FAR E-Verify clause must provide written notice to OHS. ft an 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 program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E-Verify clause, 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, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS 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 OHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS 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 10 at 13 I E-Venfy MGM for Employer I Revision Date 0.3t01/09 www.dhs.gov/E-Verify 1 6 A 1 6 E v .., _ e Company ID Number: 393942 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 DHS 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 DHS respectively. Page 11 of 13 1E-Verify MOU for Employer I Review Date 048/01/09 www.dhs.gov/E-Verify . ,' • 1 6 A 1 6 Evenly Company ID Number: 393942 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 Southwest'Florida Wetlands JV ;Stephen Collies Name(Please Type or Pnnt) Tftle Electronically signed • 02/1W2011 ;Siia e Pate :Department of Homeland Security–Verification Division USCIS Verification Division Orini(PleaiiTipeorfcnnt) kitie — < i Electronically Signed 02/18/2011 Ognature Information Required for the E-Verify Program "Information relating to your Company: Company Narne:ISouttovest Florida Wetlands JV Company Facility Address:12006 Vista PaikwaY pude 100 West Palm Beach,FL 33411 Company Alternate Address: 12005 Vista Parkway i.alte 100 iVest Palm Beach,FL 33411 County or Parish: 0.8.1.141 BEACH ; Employer Identification Number iS50741505 Page 12 of 13 1E-Verify MOU far Employer I Review')Date esto-igie www.dhs.gov/E-Verify -7) 1 6 A 1 6 4,Ltos Company ID Number: 393942 North American Industry Classification Systems Codei (351 Administrator Number of Eiploye_jees: to 4 Number of Sites Verified for: Are you verifying for more than I site? lives, please provide the number of sites verified for in each State: . FLORIDA I site(s) • Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name: Michele Tedrick Telephone Number (954)642-2427 ext.108 Fax Number (866)433-4057 E-mail Address: mredrickporterlandsbank.eam Page 13 of 13j E-Venfy MOU for Employer IRevision Date 09/01109 wWw.dhs.gov/E-Verjfy "'N )-1(-1 1 6 A 1 • 7. Vendor Substitute W-9 Colter Courity l6Aló Acirninistratve Scroccs Departmert _ Attachment 6: Vendor Substitute W-9 Request for Taxpayer Identification Number and Certification In accordance-wittrtheinternal 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 (as shown on income tax return) Business Name (if different from taxpayer narzle) Address LC-t 'W a City State Zip Telephone FAX C5L-L, --)1 Email in-t-..,7(k.<\(.1\4„:•CL Order Information Remit Payment Information Address k CC:ck 1 Ck.'ea--\-\ t-,AG Address k0/- ,•":•.Lk L=A. *?,3:3 • 77) )1(-t State Zip I ``-`' ' - State C-(-- Zip FAX ci5442k FAX < L L.4R, - u 1 Email 1,,,NN,IGL<T, Email A CC,•," 2. Company Status (check only one) Individual/Sole Proprietor Corporation Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) t 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) 5 - Ci Li.. C. S (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, certify that the information shown on this form is correct to my knowledge. ( Signature v_tt t Date Rrko Title Phone Number S 2 - 2 277 16-6595 Mitigation Credits 27 iv); 1 6 A 1 6 8. Insurance and Bonding Requirements ^ 16A16 Coltier CaPaltY Admmtrabve Syv".e^Departnent yv°�' Attachment 7: Vendor Submittal -Irance and Bonding Requirements Insurance!Bond Type Required Limits 1. Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. El Employer's Liability S single limit per occurrence 3. El Commercial General Bodily Injury and Property Damage Liability ( rn*nue Form) $ 1,000‘000 single |imbper occurrence, $2.OUO.00Oaggregate for Bodily Injury patterned~'—r-- --�–�' L� � |hvand PnopedyDannageLiability. This ahaUinclude Pnonn|sesand ISO form 'Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4 �� \ndmn�n�cmdon Tothe nnaxmumextent permh�dbyF�hdo �w. the �� CoritractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, inc|uding, but not limited to, reasonable attorneys' fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendoriConsultant in the performance of this Agreement. 4. ��Aut�mobiheLiabiUty $ ��|*/�� Each Occurrence; Bodily Injury &Pnope�yDamage, -- Owned/Non-owned/Hired: Automobile Included 5. 1:1 Other insurance as CI Watercraft Per Occurrence d� n�0e � �l United States Longshoreman's and Harborworker'sAct be maintained^~ vvhmnaopphoob|mhod`eoomp|edonofthe work. 5 Per Occurrence El Maritime Coverage(Jones Act) shall be maintained where applicable to the completion of the work. Per Occurrence �� Aknna�Liabi|ity �pvenaAeahaUbenarhedinUmnitomfnot|emothan � �� i�applicable tbthe cornpledonofthe Sem�ao �S.800.O8Oeechoccu�anum under this Agreement. ) � Per Occurrence EjPo\|udon Per Occurrence �l Professional Liability $�� per claim and in ^~ the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate • El Project Professional Liability Per Occurrence El Valuable Papers Insurance Per Occurrence 28 16-6595�u��mnc�u� ��A{� \_-� loAf . Employee Dishonesty/Crime Per Occurrence --Including Employee Theft, Funds Transfer Fraud, Include aJoint Loss Payee endorsement naming Collier County. G. ^~�� Bidbond 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 Clerk, 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 7. �l 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 100% 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 Owner; pnovided, howewer, 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 A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. C. 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. Q. E Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. �2 The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Pject Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. [E1 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. w Date m\o`�c-�� 78\ �\c\ '� NameofFinn �/ u`` `"~^ =` ' �� __ � ` ) ~_` Vendor Signature Print Name .J � Insurance Agency Agent Name o`�� opC Telephone Number q — 29 1n�oosMh��mnC�mm 16A16 9. Proof of Panther Island Mitigation Bank's South Florida Water Management District Permit and US Army Corps of Engineers Approvals 1 6 A 1 6 . w- SOUTH FLORIDA WATER MANAGEMENT DISTRICT MITIGATION BANKING : ' , PERMIT MODIFICATION NO. 11-00002-M "",_ '' DATE ISSUED: FEBRUARY 6, 2012 PERMITTEE: SOUTHWEST FLORIDA WETLANDS JOINT NATIONAL AUDUBON SOCIETY (PANTHER ISLAND MITIGATION BANK EXPANSION) (PANTHER ISLAND MITIGATION BANK.EXPANSION) VENTURE.814 SOUTH MILITARY TRAIL BLDG 6 225 VARICK ST FL 7, DEERFIELD BEACH,FL 33442 NEW YORK,NY '10014-4396 ORIGINAL.PERMIT ISSUED: MARCH 11, 1999 ORIGINAL PROJECT DESCRIPTION:AUTHORIZATION FOR CONSTRUCTION APPROVAL or A 2778.10 ACRE MITIGATION BANK APPROVED MODIFICATION: CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING A 1,602 80 ACRE MITIGATION BANK KNOWN AS PANTHER ISLAND MITIGAT€ON BANK EXPANSION, WITH DISCHARGE TO THE COCOHATCHFF CANAL BASIN VtA ONSITE AND OFFSITE WETLANDS PROJECT LOCATION: COLLIER COUNTY. SECTION 3,4. 10,19 TWP 478 RGE 27F PERMIT DURATION: See Special Condition No:1 Pursuant to Rule 40E 4.321,Florida Administrative Cone This is to notify you of the District's agency action concerning Permit Application No 09'L23-3.dared August '7,2009 This action is tartan Pursuant to the provisions of Chapter 373,Part IV, Ronda Statutes(F S.),and the Operation Agreement Concerning Regulation Under Pa': IV,Chapter 373 F S,between South Florida Water Management District and the Department of Eriv:rorsmentai Protection Based nn the information provided, District mites have,been adhered to and an Environmenta' Resource Permit Modification is in effect for this project subject to I Not receiving a filed request for an administrative hearing pursuant to Section 120 57 ana Section 120.569,or request a Iudiciai review pursuant Section 120.68,Florida Statutes. 2 The attached 19 General Conditions- 1 3 The attached 22 Special Conditions The at;achen 3 Exhibits Should you object to these conditions,pease refer to the attac=hed 'Notice of Rights" whr;o addresses the procedures to nc fn`tnwed,f you desire a public hearing or other review of the proposed agency action Should you do,ssii to nhler,t to the proposed agency action or h.e a Petition,please provide written objections,petitions andlor waivers to' Elizabeth Vequilta,Deputy Ctere,MSC2440 South Florida Water Management District Post Office Box 24680 West Pairn Beach.FL 33416-4680 Please contact this office it you have limy questions concerning this matter. if we do net hear from you in accordance with true"Notice of Riflnts",we will assume that you concur with the District's actor CERTIFICATION OF SERVICE I HEREBY CERTIFY that the Staff Report,Conditions and Notice of Rights have been rna'terl to the Perrmittee(and the persons .seed on the attached staff reporT drstrrhutinn list)no later than 5 00 p m.on this; 10th day of February,2012.ro accordance with Section 120 60(3) F`oritta Statutes.and a copy has been filed and accnOrwiuciaeu with the Deputy District Cicrk BY DEPUTY CLERK SOUTHSOUTH FLORIDA WATER MANAGEMENT DISTRICT Attachments PAGE 1 OF 0 i I C 'lasuxwerm*c.ti arxe -. ... __... 1 6 A 1 6 p th 7 , a , .„ , - , in er s n .., . . t . , Me I 1. , 1 l ' ationBa , Mitigation Banking1 DA Project 'o. 199705332 Trepan d By: Southwest I:Janda Wetlands Joint Venture Wilson,Miller,halloo&Vatic Inc. S PAM&corm-d noukvarcl,Suite 2130 3201 Balky Lane,Suite 2110 Fart Lauderdale,Ftrsnda 33301 Milks,.Flot acts 3 103 - Teli (831)301-17417 `el; (MO)649-4336 (1)4)4424707 (9 11)049-4040 MidiI' 1 6 A 1 6 IN, ill) II sil\f,),,,,,, \,.\, ili'll )1 il'i(. 1 s.,, \ f, ', ( ,,)-i,,,, lialk,f...,ihis , ,. ,,,,,i,,t,, ;',..1 i . . 1 , 1 „ . ; it.1.,S. Arm (.1r)rps of Erti.titivers' Signutture Kinii1"1„.1 Cilief', Rege.tlill()r:s 1)iNisi11 ntet,1Nztlii,..'and 1 ..., it1 1. 1.,...ail \liti,.....ait=11 116111, 1 -,11.111".,.,„=,f.t. .\, ,--. ' 16 \n = , ---,... eco CERTIFICATE OF LIABILITY INSURANCE (.4)5/1/201 Dii[(M /D ) 1.._... a>11119=6N 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: Bateman Gordon and Sands PHONE �FAX (Are,No.EXt):954-941-0900 ,rete,No):954-941-2006__ 3050 Norte Point Hwy ADDAREss:mz:elinski agef_Qy,cQm_. _____._.. .... .............___ Lighthouse Point FL 33064 C� 9 INSURER(S)AFFORDING COVERAGE i NAIC$ INSURER A:Western World Insurance Company p196_. .._......_.._..__. INSURED SOUFL38 ,.INSURERS E_rggressive Express Insurance Compa X193 Southwest Florida Wetlands, JV _INSURER c_Evanston Insurance Company 35378 Corkscrew Mitigation LLC INSURER D: 10097 Cleary Blvd#303 — __..-- —.._._... _._-�__._......_...._.._._..._... Plantation FL 33324 INSURER E: .... INSURER F: COVERAGES CERTIFICATE NUMBER:1010013440 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 i ADDL-SUi#R)..`_....._—...._.._.__.....__—._--- i POLICY EFF POLICY EXP ' LTR j TYPE OF INSURANCE INSR WVD' POLICY NUMBER i(MM/DD/YYYY) IMM/DD/YYYY)i LIMITS A GENERAL UABIUTY Y Y NPP8368562 i 4/29/2017 4/29/2018 I EACH OCCURRENCE $1,000,000 I DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY -.PREM ES,(Eaoccurrence'..._... $50,000 CLAIMS-MADE [X J OCCUR MED EXP(Any one person) +$1,000 __ — _ X . 1,000 j PERSONAL&ADV INJURY i $1,000,000 J ' GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 X POLICY^VT- LOC $ B AUTOMOBILE LIABILITY211/2017 2/1/2018 COMBINED.$)NSiLE LIMIT 84210775 Fart ------..___---..$1,000.S/..00._-- _ BODILY INJURY(Per person) $ _...---._-._......_..... —.....___._.. _...1 ANY AUTO ALL OWNED II X'' SCHEDULED BODILY INJURY(Per accident) $ ...__._y AUTOS ..---;AUTOS i i NON-OWNED rf3ROPERTY DAMAGE $ X HIRED AUTOS IX_1 AUTOS I (Per accident) $ C UMBRELLA LIAB OCCUR MKLV2EUL101330 1 4/29/2017 4/29/2018 EACH OCCURRENCE $3,000,000 X ',EXCESS LIAB i .CLAIMS-MADE AGGREGATE $3,000,000 I DED X .. RETENTION$O $ WORKERS COMPENSATIQNIWC STATU- ' (OTH-. AND EMPLOYERS'LIABILITY I + L.__+SO.R.YLIMJTS1 I ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N I E.L.EACH ACCIDENT $ N/A OFFICER/MEMBER EXCLUDED? _.........._................._......_._._._...� (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1 If yes.describe under ._.................. 1 DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ i I � I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101.Additional Remarks Schedule,If more space Is required) Reference: Southwest Florida Wetlands JV, Contract#16-6595"Mitigation Credits"Panther Island Mitigation Bank Certificate Holder is additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Lissett De La Rosa ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples FL 34112 AUTHORIZED REPRESENTATIVE /ht4a140/C01644#"'*"'"— O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 100971 6 A 1 6 C�an'8uuevard VO" Suite 303 Plantation Florida 33324 \/ ' � 7N'9546422467 �. ' � ' Fax:866.433.4057 | Panther ), Island | April I8.%017 To Whom It May Concern: We,Southwest Florida Wetlands IV,are not eligible to carry Worker's Compensation Insurance.Southwest Florida Wetlands IV does not have any employees or any payroll and therefore does not need to purchase a Worker's Compensation Insurance policy. Please let me know if you have any questions or require any additional information. Thank you, ~ 1 ,Eigi‘"---'----.-- William L Barton Authorized Agent for _ SouthwtF1orjda Wetlands IV cc: Desmond Duke . '