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Backup Documents 05/25/2010 Item #16B2168 2 MEMORANDUM Date: June 21, 2010 To: Rhonda Cummings, Purchasing Contract Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #10 -5408: "Annual Contract for Mitigation Credits" Contractor: LPI Wetland Mitigation Bank, LTD Enclosed is one (1) original contract, referenced above (Agenda Item #16112), approved by the Board of County Commissioners on Tuesday, May 25, 2010. An original contract was kept in the Minutes and Records Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -7240. Thank you. Enclosure (1) ITEM NO.: C- Olb-7 DATE RECEIVED FILE NO.: ROUTED TO: y� DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES n Date: June 7, 2010 To: County Attorney's Office Attention: Jeff Klatzkow From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 b,( Re: Contract: #10 -5408 "Annual Contract for Mitigation Credits" Contractors: / LPI Wetland Mitigation Bank LTD (Little Pine Island) Southwest Florida Wetlands d /b /a Panther Island Wetlands Bank Group BACKGROUND OF REQUEST: This Contract was approved by the BCC on May 25, 2010, Agenda Item 16.B.2 This is a standard contract with no changes. This item was not previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Kevin Dugan, TECM 1Vv \� ko U J, MEMORANDUM TO: Ray Carter L Risk Management Department FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department" DATE: June 7, 2010 RE: Review of Insurance for Contract: #10 -5408 "Annual Contract for Mitigation Credits" Contractors: API Wetland Mitigation Bank LTD (Little Pine Island) Southwest Florida Wetlands d /bla Panther Island Wetlands Bank Group This Contract was approved by the BCC on May 25, 2010, Agenda Item 16. B.2 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. DATE RECE`IIIED JUN 0 8 2010 RISK lWWfXw dod /RC C: Kevin Dugan, TECM www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name / Florida Limited Partnership LPI WETLAND MITIGATION BANK, LTD. Filing Information Document Number A96000001650 FEI /EIN Number 650718457 Date Filed 08/21/1996 State FL Status ACTIVE Principal Address 13451 MCGREGOR BLVD STE 31 FORT MYERS FL 33919 Changed 04/15/2010 Mailina Address 13451 MCGREGOR BLVD STE 31 FORT MYERS FL 33919 Changed 04/15/2010 Name & Address PAVELKA, RAYMOND A 13451 MCGREGOR BLVD STE 31 FORT MYERS FL 33919 US Address Changed: 04/15/2010 General Partner Detail Name & Address Document Number P93000084962 MARINER PROPERTIES DEVELOPMENT, INC. 13451 MCGREGOR BLVD, STE 31 FORT MYERS FL 33919 Annual Reports Report Year Filed Date 2008 04/10/2008 2009 04/13/2009 2010 04/15/2010 Document Searches Page I of 2 b Forms Help Entity Name Search Submit http: / /www. sunbiz.org/ scripts /cordet.exe' ?action= DE'CFI L &inq_doc_number= A960000016... 5/25/2010 www.sunbiz.org - Department of State Document Images 04/15/2010 --ANNUAL REPORT View image in PDF format 04/13/2009 -- ANNUAL REPORT View image in PDF format' 0411012008 -- ANNUAL REPORT View image in PDF format 04120/2007 -- ANNUAL REPORT View image in PDF format 04/10/2006 -- ANNUAL REPORT ..View image in PDF format 03/31/2005 ANNUAL REPORT `View image in PDF format - 04/07/2004 -- ANNUAL REPORT View image in PDF format 04/30/2003 -- ANNUAL REPORT View image in PDF format 04110/2002 -- ANNUAL REPORT View image in PDF format' 05/04 /2001 --ANNUAL REPORT View image in PDF format _ 05/01/2000 -- ANNUAL REPORT View image in PDF format 12/31/1998 -- ANNUAL REPORT View image in PDF format. 12/31/1997 -- ANNUAL REPORT View image in PDF format. 02/26/1997 -- ANNUAL REPORT View image in PDF format 08121/1996 -- DOCUMENTS PRIOR TO 1997 View image in PDF format`. Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History I Home I Contact us I Document Searches I E- Filinq Services I Forms I HeID I Copvi,ght and Privacy Policies Copyright © 2007 State of Florida, Department of State. Page 2 of 2 16a 2 Entity Name Search Submit http: / / www.sunbiz.org/ scripts /cordet.exe? action= DE "FFIL &inq_doc_ number= A960000016... 5/25/2010 Nwww.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corooration MARINER PROPERTIES DEVELOPMENT, INC. Filing Information Document Number P93000084962 FEIIEIN Number 650453300 Date Filed 12/13/1993 State FL Status ACTIVE Principal Address 13451 MCGREGOR BLVD. STE 31 FORT MYERS FL 33919 Changed 04/17/2002 Mailing Address 13451 MCGREGOR BLVD. STE 31 FORT MYERS FL 33919 Changed 04/17/2002 Registered Agent Name & Address WINER, STEVEN 1 2320 FIRST STREET FORT MYERS FL 33901 US Address Changed: 04/28/2001 Officer /Director Detail Name & Address Title DP PAVELKA, RAYMOND A 13451 MCGREGOR BLVD., STE 31 FORT MYERS FL 33919 Title S O'CONNOR, SHEILA J 5826 SW 1 ST CT CAPE CORAL FL Title VP DIXON, JAMES H JR Document Searches Page I of 2 Forms Help Entity Name Search Submit http: / /www. sunbiz. org/ scripts /cordet. exe ?action= DE'FFII, &i nq_doc_number= P93000O849... 6/15/2010 RLS li ---� CHECKLIST FOR REVIEWING CONTRACTS / Enti Name: ��� L'l� ty L-P -�e� I � Yl b Entity name correct on contract'? Y _ _No Entity registered with FL Sec. of State? Ycs No Insurance � Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products /CompEOp Required $ Personal & Advert Required $_ Each Occurrence Required Fire/Prop Damage Required $_ Automobile Liability Bodily Inj & Prop Required $y1 t 1 Workers Compensation Each accident Required Disease Aggregate Required Disease Each Empl Required Umbrella Liability Each Occurrence Aggregate Does Umbrella sufficiently cover any Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Yes _ No Yes No _. -- -Yes —... No Yes No Exp. Date j I Exp. Date_ t Exp. Date Exp. Date Exp. Date Exp Date I Exp Date __ Exp Date Exp Date t F Provided $_ Zni ` L Provided $ F Provided $ Provided $ Provided $_ Provided $_ Vy-\ Provided $ T i Provided t A Provided $— Provided $ __ Provided $ . underinsured portion? Provided $ Provided $ Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Exp Date Exp Date Yes No Exp. Date Exp, Date Provided $ Exp Date _ No Yes No Yes , �No Yes Yes No Yes No Yes No Signature Blocks Correct executor name in signature block? %Xes Nc Correct title of executor? "�Y` es No Executor authorized to sign for entity? No Proper number of witnesses /notary? 5/Xes ,/ Yes No Authorization for executor to sign, if necessary: Chairman's signature block? No Clerk's attestation signature block? ^es No Comity Attorney's signature block? I'e No Attachments Lac Are all requiruired d attachments included? Yes No Feviewer Initials: Date: _ G4- CO, WI?2 16V G AGREEMENT 10 -5408 Annual Contract for Mitigation Credits THIS AGREEMENT, made and entered into on this 25th day of May 2010, by and between LPI Wetland Mitigation Bank, LTD, authorized to do business in the State of Florida, whose business address is 13451 McGregor Boulevard, Suite 31, Fort Myers, Florida 33919, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of final execution and upon the issuance of a Purchase Order. 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 three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide wetland and wildlife mitigation credits in accordance with the terms and conditions of Bid #10 -5408 Annual Contract for Mitigation Credits and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit prices as per Exhibit A, attached and incorporated herein by reference, together with the cost of any other charges /fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Slats., otherwise known as the "Local Government Prompt Payment Act". Page I of 8 s Jr 3.1 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 contract. 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. 4. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: LPI Wetland Mitigation Bank, LTD 13451 McGregor Blvd., #31 Ft. Myers, FL 33919 Phone: 239- 481 -2011; Fax: 239- 481 -8283 Raymond A. Pavelka 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 Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239- 252 -8371 Facsimile: 239- 252 -6584 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. 6. 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. 7. 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. Payment for all such permits issued by the County shall be processed internally by the County. Page 2 of 8 110M_ 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. 8. 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 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 contract 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. 9. 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. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 3 of 168 2 The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. 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. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. 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, 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. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Transportation, Engineering and Construction Department under Growth Management. 14. 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. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Bid, Insurance Certificate, Exhibit A -- Pricing, Bid #10- 5408- Annual Contract for Mitigation Credits Specifications and one Addendum. Page 4 of 8 168 2 16. 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. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, 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 contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of 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. 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. 19. 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 contract to other governmental entities at the discretion of the successful proposer. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. 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 Page 5 of 8 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. 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. Paee 6 of 8 168 2 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Dwight E. Brock,; Clerk of Courts By: Dated;, �11t✓ZiFUaID -« (SEAL) 80',� {11t11�11� ti First Witness S, ` e A L J, l Y "/ TType /print witness nameT Second Witness TType /print witness nameT Approved as to form and legal sufficiency: J t R. Teach Deputy County Attorney U vu, - Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:� Fred W. Coyle, Chairman LPI Wetland Mitigation Bank, LTD Page 7 of 8 Signature Raymond A. Pavelka President, Mariner Properties Development, Inc. as General Partner for LPI Wetland Mitigation Bank, Ltd. Typed signature and title Exhibit A Pricing Price per mitigation credit: Herbaceous Freshwater Herbaceous Saltwater Forested Forested Freshwater Forested Saltwater Saltwater Endangered Species Miscellaneous Additional Items: Short Hydroperiod Forested Freshwater Short Hydroperiod Herbaceous Freshwater Short Hydroperiod Herbaceous Saltwater Long Hydroperiod Forested Saltwater Long Hydroperiod Herbaceous Freshwater Long Hydroperiod Herbaceous Saltwater Page 8 of 8 $ 60,000 per credit $ 72,000 per credit $ n a per credit $ n a per credit $ 110,000 per credit $ n a per credit $ n a per credit $ —n /a per credit $ 90,000 per credit $ 60,000 per credit $ 72,000 per credit $ 110,000 per credit $ 60,000 per credit $ 72,000 per credit 168 C 16B 2 Ra® CERTIFICATE OF LIABILITY INSURANCE OP ID AP DATEIMM/DDJYYYY) 06/04/10 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 po Dy es must a en omed. if , 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 endorsemant(s). PRODUCER Private Client Insurance 9736 Commerce Center Court Fort Myers FL 33908 Phone:239 -481 -1949 Fax:239- 481 -2911 NAME: _ AJC NO Exl: NC, N0: ADDRESS: CUSTOMERIDP: MARI-66 INSURERS) AFFORDING COVERAOe NAICN INSURED Mariner Properties Development LPI Wetland Mitigation Bank LT Attn: Ray Pavelka 13451 McGregor Blvd. Suite 831 Fort Myers FL 3 INSURERA: Mount Hawley Insurance GENERAL LIABILITY INSURER B: x.. istaa Tnau.L =ice Tn.. Co. 23140 INSURERC: INSURER D: EACH OCCURRENCE_ INSURER E ___ PREMISES (Ea =une a INSURER F: A COVERAGE$ CERTIFICATE NUMBER: 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, NOTWITHSTANOING 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 ALI. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN WY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR YN POLICY NUMBER MMIDD MMIDDII'YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE_ 51,000 OOO ___ PREMISES (Ea =une a $50,00.0_ A COMMERCIAL GENERAL LIABILITY MGLO155845 01/01/10 01/01/11 MED EXP (My .0 pere0n) 55,000 CLAIMSMADE Ox OCCUR ?I PERSONAL b AOV INJURY $1,000,000 X X1 per loo aggregate GENERALAGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG S 1,000,000 S POLICY JEC LOC AUTOMOBILE LIABILITY COMBINED SINGLE I. IMIT (Ea as .M) 51,000 000 r A ANY AUTO MGLO155845 01/01/10 01/01/11 BOOILYINJURV(Per peroon) 5 ALL OWN ED AUTOS BODILY INJURY(Permmlden0 S X SCHEDULED AUTOS HIREDAUTOS PROPERTY DAMAGE (Per aWden0 S $ X NON- CMEDAUTOS S UMBRELLA LIAR OCCUR EACH OCCURRENCE 5 AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEDUCTIBLE $ Is RETENTION $ X WC RKERe MPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERJEXECUTIVFj� OFFICER/MEMBER EXCLUDED? u (Mandatory in NB) IA AWC1 44 01 /01 /10 01 /01 /11 ' TORYLIMITS ER E L EACH ACCIDENT $1,000 DDO EL DISEASE - EA EMPLOYE S 1 000,000 E.L. DISEASE -POLICY LIMIT 1 $1,000,000 1(mCRIPTION OF OPERATIONS below . demtlbeunder D ES DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Atlaah ACORD 101, Additional Remarks Schedule, if mom a pace Is requlrsd) Contract N10 -5408. The holder is an additional Insured. If this policy is cancelled the insuer will give the holder 30 days notice. Collier County Government Contract 810 -5408 Purchasing Department 3301 East Tamiami Trail Naples FL 34112 SHOULD ANY OF THE ABOVE DESCK18E0 POLICIES BE CANCELLED BEFORE COL3301 I THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE VATH THE POLICY PROVISIONS. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD 1682' MEMORANDUM Date: June 29, 2010 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5408: Annual Contract for Mitigation Credits Contractor: SWFL Wetlands d /b /a Panther Island Wetlands Bank Group (Panther Island Mitigation Bank) Attached, please find an original contract document referenced above, (Item #16112) approved by the Board of County Commissioners on May 25, 2010. The second original will be held on file in the Minutes and Records Department as part of the Board's official record. If you have any questions, please contact me at 252 -8406. Thank you. Attachment (1) ITEM NO.: o q-C -010 38 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES 1682 PATE RECEIVED: L�u iJ(1- Date: June 16, 2010�� To: County Attorney's Office Attention: z ow From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #10 -5408 "Annual Contract for Mitigation Credits" Contractors: LPI Wetland Mitigation Bank LTD (Little Pine Island) ✓Southwest Florida Wetlands d /b /a Panther Island Wetlands Bank Group BACKGROUND OF REQUEST: This Contract was approved by the BCC on May 25, 2010, Agenda Item 16.B.2 This is a standard contract with no changes. This item was not previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Kevin Dugan, TECM RI,S # CIIECKLIST FOR REVIEWING CONPRACFS Entity Name:?- _c?�:'�le._l° -- -1- )Cite( pa �erzs v ry-1 1�;� n 16 B Entity name correct on contract, Y N Entity registered with FL Sec. of State? ._ �s _ _No Insurance Insurance Certificate attached? Yes No Insured registered in Florida? �_ Yes No Contract # &Jet Project referenced on Certificate? _ es No Certificate Holder name correct (BCC)? -Yes __No Commercial General Liability General Aggregate Required $ Provided $_ 2.M ` I �- Products /Compl/Op Required $ _ _ _ _ Provided $ ` m ;1 l Personal & Advert Required $ Provided $ Each Occurrence Required $ yr ,XX Provided $ Fire/Prop Damage Required $ Provided $ ' Automobile Liability Authorization for executor to sign, if necessary_ Bodily Inj & Prop Required $_ m 1 1, Provided $ Workers Compensation.- aoi(- ern? tg05 wLm Each accident Required $ 6 'Provided S Disease Aggregate Required $ Provided $--(, t t Disease Each Empl Required $ Provided $ I f Umbrella Liability Each Occurrence Provided $ `� Aggregate Provided$ t of Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $_ Provided $ Per Aggregate Required $ Provided $ _ Other Insurance Each Occur Type: Required $_ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Exp. Date_I Exp. Date T�I Exp. Date Exp. Date __ ti Exp. Date Exp Date Exp Date _ Ex p Date Exp Date � I� Exp Date _ �� (710 1 of Exp Date I —t_ 1�fp Yes No (J7 Exp. Date Exp. Date Provided $ Exp Date __No /Yes No / Yes N t,7 Yes Yes No Yes No Yes No Signature Blocks Correct executor name in signature block? s. No Correct title of executor? � es No Executor authorized to sign for entity? s No Proper number of witnesses /notary? Yes . No Authorization for executor to sign, if necessary_ 1P' _ Chairman's signature block? No Clerk's attestation signature block? es No County Attorney's sinate block? No Attachments Are all required attachments included? Yes No Reviewer Initials: ! 1 Date' 4102Z4//1 0 A CO 16021 MEMORANDUM P TO: Ray Carter -' Risk Management Department t FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department DATE: June 16, 2010 RE: Review of Insurance for Contract: #10 -5408 "Annual Contract for Mitigation Credits" Contractors: LPI Wetland Mitigation Bank LTD (Little Pine Island) Southwest Florida Wetlands d /b /a Panther Island Wetlands Bank Group This Contract was approved by the BCC on May 25, 2010, Agenda Item 16.13.2 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dod /RC C: Kevin Dugan, TECM RECEIVED JUN 162010 RISK MANAGEMENT * R mausen_g From: RaymondCarter Sent: Wednesday, June 23, 2010 9:45 AM To: CummingsRhonda Cc: DeLeonDiana; mausen_g; HerreraSandra; TeachScott Subject: Contract 10 -5408 "Annual Contract for Mitigation Credits" All, I have approved the certificate(s) of insurance provided by Southwest Florida Wetlands d /b /a Panther Island Wetlands Bank Group for contract 10 -5408. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray uL Caftte_c Manager Risk Finance Office 239 - 252 -8839 Cell 239- 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 16B2 I AFler Coanty Adrrrnistra" Services Division Purchasing TZC4 CF', x V F D May 25, 2010 JUN - 7 2010 Stephen M. Collins SW FL Wetlands JV d /b /a Panther Island thwest dg.6 q w Nw (/ %L U n neac_ 2 RE: Contract #10- 5408 "Annual Contract for Mitigation Credits" Dear Mr. Collins: Enclosed are two (2) complete contracts for the above referenced agreement. An authorized signatory of the firm must sign both copies where indicated (page 7) and have it properly witnessed. If the person signing the contract is not listed on the Florida Department of State, Division of Corporations' website, please provide a notarized letter or resolution of the Board of Directors, signed by one of the listed officers, giving that person signature authority. In order for the Contract to be executed by the County, it will be necessary that you furnish the required Certificate of Insurance at this time which states the following: a. Commercial General Liability with a minimum limit of $1,000,000; b. Business Auto Liability with coverage of $1,000,000; C. Workers' Compensation meeting Statutory Limits; Employer's Liability $500,000 each accident; not applicable - no employees d. Collier County named as Additional Insured and Certificate Holder; e. Cancellation Clause stating Thirty 30 Days. Contracts returned to us for execution without the requested documents cannot be processed. Please return all enclosed documents to the Purchasing Department as soon as possible. A copy of the fully executed contract will be returned to you immediately after it has been signed by the Chairman of the Board of County Commissioners. Please be advised that the work covered by this contract may not begin until the contract is returned to you. If there are any questions, please do not hesitate to contact me at 239/252 -8941. Very truly yours, Rhonda Cummings, FCCIN, CPPB Contract Specialist C: Kevin Dugan, TECM P 331" Tai Trill as- Frrj.J341 2- VAMCO1,T.,. C retp. r a5lrc c= Panther"') Island"' anth r Island"' June 8, 2010 Rhonda Cummings, FCCN, CPPB Contract Specialist Collier County — Purchasing Department 3301 Tamiami 'Trail Fast Naples, Ft. 34112 Reference: Contract #10 -5408 "Annual Contract for Mitigation Credits" To Whom It May Concern: RM Please use this letter as authorization for Stephen M. Collins as Chief Executive Officer to sign and execute the above mentioned Contract on behalf of Southwest Florida Wetlands JV d /b /a Panther Island Mitigation Bank. If you have any questions, please let me know. Thank you. David I_. John; Authorized Agent State of Florida County of Broward 1',,c -ik L�, , Wiz. l -, is personally known. Notary: Michele Urey Tedrick •�.....r..... MICHELE UREY TEDRICK i Notary Public - state of Florida ;• My Comm. Expires Nov 16. 2013 iy rr Commission N DD 925218 Bonged Through National Notary Assn. ( ORIIOP. I ()III( I RI -1 S,nuh i�1ilnurc l i.u1. Bmkhov i. • i)ccrlick• Boach- 1'I. 7144'_ i0 1.I?l:7 -) 4.;06._'41 I • ..lA 1)j4- [�M101i0 g;R�.pYLIa0If 4IJAOLAOII] Ul I f(l _i it Ii. iI:� L:m Sun; �� A rpl� I , 1410 , • Phone.'_ 1) 40'1 7100 nrir,.ea oo iooW lea , por'v www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return to List No Filing History Fictitious Name Detail Fictitious Name PANTHER ISLAND MITIGATION BANK Filina Information Registration Number G06143900236 Status ACTIVE Filed Date 05/23/2006 Expiration Date 12/31/2011 Current Owners 1 County MULTIPLE Total Pages 1 Events Filed NONE FEIIEIN Number NONE Mailing Address 814 SOUTH MILITARY TRAIL DEERFIELD BEACH, FL 33442 Owner Information 16 D Pie 1' of 1 Document Searches Forms Help �E ss y.z SOUTHWEST FLORIDA WETLANDS JV 814 SOUTH MILITARY TRAIL DEERFIELD BEACH, FL 33442 FEIIEIN Number: 65- 0741505 Document Number: G04254900153 Document Images 05/23/2006 -- Fictitious Name Filing View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return to List No Filing History I Home I Contact us I Document Searches I E- Filiina Services I Forms I Helo I Coovri4ht and Privacy Policies Copyright © 2007 State of Florida, Department of State. http: / /www. sunbiz.org /scripts /flcidet.exe ?action= DETCHR &docnum —G06 l 43900236 &ch... 5/25/2010 1682 AGREEMENT 10 -5408 Annual Contract for Mitigation Credits THIS AGREEMENT, made and entered into on this 25th day of May 2010, by and between Southwest Florida Wetlands JV, d /b /a Panther Island Mitigation Bank, authorized to do business in the State of Florida, whose business address is 6466 North West Fifth Way, Fort Lauderdale, Florida 33309, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of final execution and upon the issuance of a Purchase Order. 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 three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide wetland and wildlife mitigation credits in accordance with the terms and conditions of Bid #10 -5408 Annual Contract for Mitigation Credits and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit prices as per Exhibit A, attached and incorporated herein by reference, together with the cost of any other charges /fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". Page 1 of 8 16B2 . 3.1 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 contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. 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. 5. 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 JV d /b /a Panther Island Mitigation Bank 6466 NW 591 Way Ft. Lauderdale, FL 33309 Phone: 954 - 332 -5910 ext. 125; Fax: 954 -332 -5952 Stephen M. Collins 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 Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239 - 252 -8371 Facsimile: 239 - 252 -6584 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. 6. 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. Page 2 of 8 16B2 11.1 7. 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. 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. 8. 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 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 contract 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. 9. 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. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. Palge 3 of 8 1662 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. 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. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. 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, 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. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Transportation, Engineering and Construction Department under Growth Management. 14. 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. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Bid, hnsurance Certificate, Exhibit A -- Pricing, Bid #10- 5408- Annual Contract for Mitigation Credits Specifications and one Addendum. Page 4 of 3 16. 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. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, 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 contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of 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. 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. 19. 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 contract to other governmental entities at the discretion of the successful proposer. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. 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 pal "C i of 8 Wily 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. 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. Pale 6 of 8 1682 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: " Dwight E. Br&k, Clerk oPCburts By: �O•i First Witness TType /print witne nameT "'mot iv econd Witness 6-1-e / mc ile--e- TType/ print witness nameT Approved as to form and legal sufficiency: t Scott R. Teach \ Deputy County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Southwest Florida Wetlands JV d /b /a Panther Island Mitigation Bank Contractor Page 7 of 8 Signature Stephen M. Collins, Chief Executive Officer Typed signature and title Item # Agenda Date Date Recd a:V�—o � • i Exhibit A Pricing Price per mitigation credit: Herbaceous Freshwater $ n a per credit Herbaceous Saltwater $ n a per credit Forested $ n a per credit Forested Freshwater $ 60,000 per credit Forested Saltwater $ n a per credit Saltwater $ n a per credit Endangered Species $ n a per credit Miscellaneous $ n a per credit Pale 3 of 8 solIF13B 1 6 B 2 t IIVIIL6. OMUJO ___ ___ ACORD... CERTIFICATE OF LIABILITY INSURANCE 06/09/2010 �Y' PRODUCER Howard S. Newman THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Bateman, Gordon & Sands, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY EXPIRATION DATE MM D LIMITS P.O. Box 1270 Pompano Beach, FL 33061 INSURERS AFFORDING COVERAGE NAIC # INSURED Southwest Florida Wetlands, JV wsURERA. Westerworld EACH OCCURRENCE INSURER B Essex Insurance DAMAGE TO RENT PREMISES occurrence) P INSURER C LED EXP (Any ono person) 6466 NW 5th Way Fort Lauderdale, FL 33309 INSURER D. CLAIMS MADE 7 OCCUR INSURER E 4VVCRMVCJ 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDAO' POLICY EXPIRATION DATE MM D LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY NPP126849 04129110 04/29/11 EACH OCCURRENCE st 000 000 DAMAGE TO RENT PREMISES occurrence) P s50 OOO LED EXP (Any ono person) $1,000 CLAIMS MADE 7 OCCUR PERSONAL a AOV INJURY $1.000.000 X BI1PD Ded:1,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP /OPAGG $1000000 POLICY jEC 7 LOO AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ee acudenp S ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (PeraccidenQ $ HIRED AUTOS NON OWNED AUTOS PROPERTY DAMAGE (Per BCGCeef S GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ OTHER THAN EA AGO S ANY AUTO $ AUTO ONLY AGO B EXCESSIUMBRELLA LIABILITY XGA176209 04129/10 04/29111 EACH OCCURRENCE s3,000,000 AGGREGATE s3,000,000 X OCCUR CLAIMS MADE S $ DEDUCTIBLE s X RETENTION $ O WCSTATU� OTH- I WORKERS COMPENSATION AND E . EACH ACCIDENT $ EMPLOYERS LIABILITY ANY PROPRIETOR /PARTNERIEXECUTIVE OFFICERMEMBER EXCLUDED? EL DISEASE EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT S If yes desarlbe antler SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS RE: Contract #10 -5408 11 Annual Contract for Mitigation Credits Collier County is listed as an additional insured on General Liability coverage only as their interest may appear when required by written contract. Collier County Purchase Department 3301 Tamiami Trail East Naples, FL 34112 251200110811 nf2 kS3n74441M307443 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL _1 n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED ELC © ACORD CORPORATION 198E 06/15/2010 03:07 9549632090 ALLSTATERCHOIRAK A1CCI nrt ° CERTIFICATE OF LIABILITY INSURAN( V THIS CERTIFICATE 10 ISSUED AS A PRODUCER ONLY AND CONFE S NO RIGHTS Richard. B. Chorsk, Allstate Agent HOLDER. THIS CE FICATE DOES Chorak Insurance Group, Inc. ALTER THE COVER GE AFFORDED 4016 N. 46th Avenue, Hollywood, FL 33021 (P)954- 963- 1901(F)954 -963 -2090 INSURERS AFFORDIN COVERAGE INSURED INSURER A Allstate ll once COm Pany Southwest Florida Wetlands JV d/b /a Panther Island INSURER B: INSURER C: 6466 NW 5th WAY INSURER D: Ft Laud,Fl 33309 INSURFRE: 16P DATE l� r2y UMM1V0t1 YY) CERTIFICATE EXTEND OR ICIES BELOW. NAIC S OVVtNAUl THE ANY PERTAIN, POLICIES. LT IN§Ra POLICIES REQUIREMENT, OF INSURANCE LISTED BELOW TERM OR CONDITION OF THE AE LIMAFFORDED S SHOWN MAY TYPE OF INSURANCE HAVE BEEN ISSUED TO THE INSURED ANY CONTRACT OR OTHER DOCUMENT HAVE BEEN REDUCED aY PAID CLAIMS, POLICY NUMBER NAMED ABOVE WITH RESPECT BJEOTTO ALL DATE MM -' FOR HE POLICY TO WHICH THIS THE T RMS. EXCLUSIO DATE (M PERIC CER EACH O D INDICATED, NOTWrTHSTANOING IFICATE MAY BE ISSUED SAND CONDITIONS LIMITS =Rk OR MAY OF SUCH $ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY pRE PI ENTED ffEN E S orcurenre § MED E (Any one person) S CI,AIMS MADE C] OCCUR PERSD AL A ADV INJURY E GENER LAGGREGATE $ PROW TS- COMPJOP AGG S GEN'L AGGREGATE LIMIT APPLIES PER'. A X POLICY PROJECT R LOC AUTOMOBILE LIABILITY 649 887 266 02/01/2010 02/0112011 COMBINED (Ea awl SINGLE LIMIT lent) S 000,000 ANY AUTO ALL OWNED AUTOS BOOR Pen INJURY �n § V 6CHEDULED AUTOS HIRED AUTOS BODILY INJURY § .� NON-OWNED AUTOS Certificate Holder Is (Pp De ident) D AMAGR § Addilipnal Insured GARAGE LIABILITY ANY AUTO AUTO NLV -EA ACCIDENT S OTHE AM0 THAN FA ACC NLY AGG S S "CESSNMBRELLALIABILITY OCCUR CLAIMS MADE EACH CCURRENCE 3 AGUR GATE S $ a $ DEDUCTIBLE '.. RETENTION 3 COMPENSATION AND LIABILITY T R LIMITS ER $ WORKERS EMPLOYERS' E.L. CH ACCIDENT Ei DIS 6E- EAWPLWEE $ ANY PEP/MEMBERE%CLUORrxECUTIVE SPEC ull ALSPROVISIONS below E.L.D EASE -POuCY LIMIT S 1999 Chev 2003 Chevy truck MOLDER SHOULD ANY OF THE AB VE BE! CNBED PO ICIES BE CANCELLED BEFORE THE EXPIRATION COLLIER COUNTY, DATE THEREOF, THE ISSUING INSURER WILL I NUEAVOR TO MALL 00 PAYS WRITTEN PURCHASING DEPARTMENT NOTICE TO THE CERTIl MOLDER NAMFI I TOTHE LEFT. BUT FAILURE T000$0SMALL 3301 TAll TRAIL, IMPOSE NO OBLAATK) OR LIABILITY OF AN Y KIND UPON THE INSURER ITS AGENTS OR EAST NAPLES,FL 34112 REPRESENTATIVES. ® ACORD CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOP AND CONFERS NO RIGHTS UPON THE CERTIFICATE ER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR FRANKCRUM INSURANCE AGENCY. ING. 100 S. MISSOURI AVE. TankOrum 1.600- 277 -1620 00 S MISSOURI AVENUE 0612112010 THE POLICIES OFINSURANCE LISTED BELOW HAVE BEEN 199UE0 TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINO'CMEO. NOTWITHSTANOINp ANY REQUIREMENT, TERM DA CONDNION OF ANY CONTRACT OF OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAV PERTAIN, THE INSURANCE AFFa OED BY THE POLICIES OESCRISED HEREIN IS SUBJECT ALL THE TEAMS, E %CLU310NS ANP CONDITIDNS OF SUCH TYPE OF INSURANCE I POLICY NUMBER L GENEFAL LmeluiY MACE ❑OGLJR 911E 1-1.11-ITY AUTO AUTO$ Aulo wc201000000 A EMPLOVEM'ug91uN ANY PROPRIETOR / PARTNER /EJIECVTM OPFICE...O.ER FSGLUDEO. III...... fiw .... I ,1111L 990 -IONS W" LIMITS COMBINED BWGLE LIMIT (E. vaHenp BQDILY INJURY (Ptr p mon) a0DILY INURY IP...wdenp PRGPERTYQ CE (PerLmeem) PUW ONLY EA ACUGENT OTHER THgN `q AU gUTO ONLY 40 EACH OCCURRSNCE ADDREOATE WQ eT<lL. OTHER Ot /01/2010 01/01/2011 X roavuMrra F OPERATM ,, LGGATIONE, VMI GLFA I EILLViMNB AOOEO 9T EN WRI........r.ru. - + -- - -- /E 0612712DO5, COVERAGE 15 FOR 100% OF THE EMPLOYEES OF FRANKCRUM LEASED TO WETLANDSBANK,LLP FOR WHOM THE CLIENT IS REPORTING HOURS TO FRANKCRUM. COVERAGE IS NOT EXTENDED JTORY EMPLOYEES.RE SOUTHWEST FLORIDA WETLANDS JV d /b /a PANTHER ISLAND MITIGATION BANK. COLLIER COUNTY PURCHASING DEPT 3301 TAMIAMI TRAIL EAST NAPLES FL- 34112 )ULD ANY OF THE ABOVE UEBCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION IE THEREOF. THE ISSUING INSURER WALL ENDEAVOR TO MAIL 39 DAYS WRITTEN NOTICE THE CERTIFICATE HOLDER NAMED TO THE LEFT, OUT FAILURE TO DO SHALL IMPOSE OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER, IYS AGENTS OR W T�HOR.IyZED REPRESENTATIVE zocl; IOn� oln i:J rll 111t1_�i ):b� zo nr tI.I w)�7 '90 00 0313 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC (Ed. 4&4) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule Schedule ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED Hy WRITTEN CONTRACT TO FURNISH THIS WAIVER (T:IIS ENDORSEMENT IS NOT APPLICA2LE IN THE STATES OF CALIFORNIA, KENTUCKY,NEW JERSEY PENNSYLVANIA, TEXAS AND UTAH.) COLLIER COUNTY PURCHASING DEPT 3301 TAMIAMI TRAIL EAST NAPLES FL, 34112 RE: SOUTHWEST FLORIDA WETLANDS JV d /b /a PANTHER ISLAND MITIGATION BANK. This endorsement changes the policy to which It is attached and is effective on the date issued unless othervnse stated. (The informatlon below is required only when this endorsement is issued subsequent to preparation Endorsement No. NIA Endorseme l Eftedive 0110120111-- 011o1f2oll Policy No.WC201000000 Premium $ NIA Insured'. FrankCmm 1-0�4�c� Insurance Company: FRANK WINSTON CRUM INSURANCE INC Countersigned by WC 00 03 13 Copy (Ed. 4.84) right 1983 National Council on Compensation Insurance. MEMORANDUM Date: July 9, 2010 To: Rhonda Cummings, Purchasing Contract Specialist From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #10 -5408: "Annual Contract for Mitigation Credits" Contractor: Wetlands Bank Group 1682 Enclosed is one (1) original contract, referenced above (Agenda Item #16B2), approved by the Board of County Commissioners on Tuesday, May 25, 2010. An original contract was kept in the Minutes and Records Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure (1) ITEM NO.: FILE NO.: I V / I • s "� O/ 5� ROUTED TO: 1682 DATE RECEIVED: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: July 1, 2010 r 1 To: County Attorney's Office Attention: Jeff Klatzkow From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #10 -5408 "Annual Contract for Mitigation Credits" Contractors: LPI Wetland Mitigation Bank LTD (Little Pine Island) Southwest Florida Wetlands d /b /a Panther Island AWetlands Bank Group BACKGROUND OF REQUEST: This Contract was approved by the BCC on May 25, 2010, Agenda Item 16.13.2 This is a standard contract with no changes. This item was not previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Kevin Dugan, TECM MEMORANDUM TO: Ray Carter 1662 Risk Management Department E� FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department DATE: July 1, 2010 RE: Review of Insurance for Contract: #10 -5408 "Annual Contract for Mitigation Credits" Contractors: LPI Wetland Mitigation Bank LTD (Little Pine Island) Southwest Florida Wetlands d /b /a Panther Island Wetlands Bank Group This Contract was approved by the BCC on May 25, 2010, Agenda Item 16.13.2 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. r�F_l�r:lv�7 r pl; +ti;ti'._�11F dod /RC ; 'ec C: Kevin Dugan, TECM �/, �/� 1682 From: RaymondCarter Sent: Thursday, July 08, 2010 10:22 AM To: CummingsRhonda Cc: mausen_g; HerreraSandra; dugan_k Subject: Contract 10 -5408 "Annual Contract for Mitigation Credits" All, I have approved the certificate(s) of insurance provided by Wetlands Bank Group for contract 10 -5408. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray Manager Risk Finance Office 239 - 252 -8839 Cell 239 - 821 -9370 Under Florida Law, e -mail addresses are public records. If you do rot want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. The WetlandsbanW Group June 8, 2010 Rhonda Cummings, FCCN, CPPB Contract Specialist Collier County — Purchasing Department 3301 Tamiami Trail East Naples. FL 34112 Reference: Contract #10 -5408 "Annual Contract for Mitigation Credits" To Whom It May Concern: Please use this letter as authorization for Stephen M. Collins as Chief Executive Officer to sign and execute the above mentioned Contract on behalf of The Wetlandsbank Group, LLC. If you have any questions, please let me know. Thank you, David L. J It Direct i Gyt„v v State of Florida County of Broward is personally known. Notary: MICHELE UREY TEDRICK s Notary Public •Stab of Florida _ 3• i My Comm. Expires Nov 18, 201: _ Commission M DD 925216 Michele Urey Tedricki 8onde8 Tlttough National Notary Aun 814 South Military Trail, Building 6 • Deerfield Reach, FL 33442 888.301.1707 • 954.596.2411 • Fax 954.480.6250 • www.wetiandsbank.com � R R RLS #_- L�1. —�1_ CHECKLIST FOR ItF:VIE«INGCONTRACTS Entity Name: The n ,L _ t/ ��_ , n Entity name correct on contract? Entity registered with FL Sec. of State? -- -NO _Yes __No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products /Compl/Op Required $ m� Personal & Advert Required $ Each Occurrence Required $ MM Fire/Prop Damage Required $ _ Automobile Liability Bodily Inj & Prop Required Workers Compensa(' � 14 � Each accident Requirdd / Disease Aggregate Required Disease Each Empl Required $_ Umbrella Liability Wff,Ayes No s No Provided $ [ r l t No Yes _Yes —No Provided $2M, Exp. Date F 4 Provided $ [ • / j Provided Exp. Date Exp. Date Provided $ [ r l t Exp. Date Provided $ eIOAL Exp. Date Provided $ i 1 Provided ,$__1_M� Provided $ t •/ Provided $� [ > Each Occurrence Provided $ 31 Aggregate Provided $ a 1-1 Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurre Exp Date —1 ( 8 Exp Date i, 1 l I Exp Date / , Exp D�at�e� Exp Date 1 "1 4A ate Dale �• r -6 - - -- �j Yes No nce Required $_ Provided $_ _ Ex Date Per Aggregate Required $ Provided $ P Other Insurance _ Exp. Date _ Each Occur Type: Required .$ — Provided $ - -- _ —_ Exp Date County required to be named as additional insured? l,� r s No County named as additional insured? — es —No Indemnification Does indemnification meet County standards? _Yes _ Is County indemnifying other party? —Yes No Performance Bond Bond requirement referenced in contract? Yes If attached, expiration date of bond —No Does dollar amount match contract? Yes Agent registered in Florida? —No —Yes No Signature Blocks Correct executor name in signature block ?s No Correct title of executor ?s No Executor authorized to sign for entity? Y — Proper number of witnesses /notary? __No Authorization for executor to sign, if necessa �`' ..�s.1_�� /I� �" " es —No g ry:W 7� J Vf;a4 h'Y 6 Chairman's signature block? Clerk's attestation signature block ? - 's No County Attorney's signature block? Y —No es No Attachments Are all required attachments included? Yes _No Reviewer Initials' _ Date: __ www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Limited Liabilitv Comaan THE WETLANDSBANK GROUP, LLC \ Filing Information v Document Number L06000015508 FEI /EIN Number 205600441 Date Filed 02/13/2006 State FL Status ACTIVE Principal Address 6466 NW 5TH WAY FT LAUDERDALE FL 33309 US Changed 04/20/2010 Mailing Address 6466 NW 5TH WAY FT LAUDERDALE FL 33309 US Changed 04/20/2010 Registered Agent Name & Address TEDRICK, MICHELE 6466 NW 5TH WAY FT LAUDERDALE FL 33309 Address Changed: 04/20/2010 Manager /Member Detail Name & Address Title MGR JOHN, DAVID L MGR 5466 NW 5TH WAY FT LAUDERDALE FL 33309 US Annual Reports Report Year Filed Date 2008 04/03/2008 2009 04/17/2009 2010 04/20/2010 )ocument Images 16 8 2 Page 1 of 2 Document Searches Forms Help Entity Name Search Submit http: / /Www.sunbiz.org// scripts /cordet.exe ?action= DETFir &inn Inc n, ho r ncnnnn, cc www.sunbiz.org - Department of State 04/20/2010 --ANNUAL REPORT 04/17/2009 -- ANNUAL REPORT 04/03/2008 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format 04/13/2007 -- ANNUAL REPORT View image in PDF format 02/13/2006 -- Florida Limited Liability View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History I Home I Contact us I Document Searches I E- Filing Services I Forms I Help I Copyright and Privacy Policies Copyright 0 2007 State of Florida, Department of State. Page 2 of 2 1682 Entity Name Search Submit http: / /www.sunbiz,orm/ scripts /cordet.exe ?action =UET- ,&inn_dcN ., ,wo —* ncnnnnr c AGREEMENT 10 -5408 Annual Contract for Mitigation Credits THIS AGREEMENT, made and entered into on this 25th day of May 2010, by and between The Wetlandsbank Group, LLC, authorized to do business in the State of Florida, whose business address is 814 South Military Trail, Deerfield Beach, Florida 33442, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of final execution and upon the issuance of a Purchase Order. 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 three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide wetland and wildlife mitigation credits in accordance with the terms and conditions of Bid #10 -5408 Annual Contract for Mitigation Credits and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit prices as per Exhibit A, attached and incorporated herein by reference, together with the cost of any other charges /fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Slats., otherwise known as the "Local Government Prompt Payment Act ". Page I of 8 .16B2 3.1 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 contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "]aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. 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. 5. 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: The Wetlandsbank Group, LLC 6466 NW 5th Way n..__ce4ei U.___L nr Poem Ft Lauderdale FL 33309 Phone. 95 596 =e44 r_.. 406; n_ ..95 non incn Phone: 954- 332 -5910 ext125 Fax: 954- 332 -5952 Stephen M. Collins Stephen M. Collins 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 Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239 - 252 -8371 Facsimile: 239- 252 -6584 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. 6. 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. 7. 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. Payment for all such permits issued by the County shall be processed internally by the County. Page 2 of 8 1682 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. 8. 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 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 contract 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. 9. 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. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 3 of 8 I6B2 The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. 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. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. 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, 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. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Transportation, Engineering and Construction Department under Growth Management. 14. 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. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Bid, Insurance Certificate, Exhibit A -- Pricing, Bid #10- 5408- Annual Contract for Mitigation Credits Specifications and one Addendum. Page 4 of 8 I6B2 16. 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. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, 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 contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of 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. 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. 19. 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 contract to other governmental entities at the discretion of the successful proposer. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. 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 Page 5 of 8 f.� 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. 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. Page 6 of 8 1682 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Brock, of Courts 10m, kc 1 First Witness MI At, Je- T ype /print witness nameT 7N Second Witness l ��ltye c- TType /print witness nameT Approved as to form and legal suffifiencd: Jy Ccf (ni Attorney w - - 4w F 'nt Name Page 7 of 8 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, Chairman The Wetlandsbank Group, LLC Contractor By: z / Zz, -- Signature Stephen M Collins. CEO Typed signature and title jem: l��Z Date Date Date 1O Roe Price per mitigation credit: Herbaceous Freshwater Herbaceous Saltwater Forested Forested Freshwater Forested Saltwater Saltwater Endangered Species Miscellaneous Exhibit A Pricing Page 8 of 8 $ n a per credit $ n a per credit $ n a per credit $ n a per credit $ n a per credit $ n a per credit $ 925.00 per credit $ n a per credit LM 1662 CI ni ACORD.. CERTIFICATE OF LIABILITY INSURANCE /120 Y' 6/6/U PRODUCER Howard S. Newman Bateman, Gordon & Sands, Inc. P.O. Box 1270 Pompano Beach, FL 33061 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED The Wetlandsbank Group Florida Wetlands Bank 6466 NW 5th Way Fort Lauderdale, FL 33309 INSURER A. Seneca Specialty Insurance Co. 10729 INSURER B. Commerce & Industry Ins. Co. 19410 INSURER C, SGL3100196 INSURER 12/05110 INSURER E. $110001000 V 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TI LTR kwL NSR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE MMIDDIYY POLICYEXPIRATION DATE MM DDIYV LIMITS A X GENERAL LIABILITY SGL3100196 12105/09 12/05110 EACH OCCURRENCE $110001000 M PRE ES La occuryanci MI s5000O X COMMERCIAL GENERAL LIABILITY MEO EXP(Any one person) sEXCLUDED CLAIMS MADE OCCUR PERSONAL RADV INJURY $110001000 X BI /PD Ded:5,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOPAGG $2000000 POLICY P- JECT RO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY Far, .... I S SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO S AUTO ONLY ASS B EXCESSIUMBRELLA LIABILITY BE020643840 12/05109 12/05/10 EACH OCCURRENCE $3 000 000 AGGREGATE s3,000,000 X1 OCCUR 1-1 CLAIMS MADE $ DEDUCTIBLE $ X RETENTION $ 0 we sTATU- orH- WORKERS COMPENSATION AND E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? E . DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Re: Contract #10 -5408 Annual Contract fro Mitigation Credits Collier County is listed as an additional insured on General Liability coverage only as their interest may appear when required by written contract. Collier County Purchasing Department 3301 Tamiami Trail East Naples, FL 34112 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN '.E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL E NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED ACORD 25 (2001108(1 of 2 #S308215/M302612 ❑L\. - ��` � —11 —.1— ...... 06/15/2010 02:40 9549632090 ALLSTATERCHORAK 16 &2 01/01 ACOORD' CERTIFICATE OF LIABILITY IN URAN E DATE(MMIDDTYYY) PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL YHE T�RMS, POLICIES. AGGREGATE LIMITS SHOWN MAY 14AVE BEEN REDUCED BY PAID CLAIMS. EXCLUSIOIN 06/15/2010 PRODUCER Richard. B, Chorak, Allstate Agent Chorak Insurance Group, Inc. IN$RP THIS CERTIFICATE ONLY AND CONFERS HOLDER, THIS OER ALTER THE COVE 10 ISSUED AS A NO RIGHTS IFICATE DOES GE AFFORDED ATTER OF INFORMATION UPON THE CERTIFICATE I OT AMEND, EXTEND OR IYTH5 POLICIES BELOW. 4016 N. 46th Avenue, Hollywood, FL 33021 I LIMITS (P) 954 -963 -1901 (F) 954- 963 -2090 INSURERS AFFORDINI COVERAGE NAIL# INSURED INSURER A_ Allstate Inau ance Company GENERAL LIABILITY THE WETLANDSBANK GROUP,LLC NW 5th WAY FT LAUD,FL 33309 Tel: (954) 332 -5910 Fax: (954)332 -5952 INSURER EACH 0 CURRENCE $ INSURER C: COMMERCIAL GENERAL LIABILITY INSURER D: ' DAMAG PREMI$ INSURERS: S rnveenrsea THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFRIC D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER 71FICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL YHE T�RMS, POLICIES. AGGREGATE LIMITS SHOWN MAY 14AVE BEEN REDUCED BY PAID CLAIMS. EXCLUSIOIN S AND CONDITIONS OF SUCH LTR IN$RP TYPE OF INSURANCE POLICY NUMBER DATE MMIDUIYY DATE (M I LIMITS GENERAL LIABILITY EACH 0 CURRENCE $ COMMERCIAL GENERAL LIABILITY ' DAMAG PREMI$ TO RENTED Ea oceurence S CLAIMS MADE OCCUR MEP (Any one person) $ PERSO L &ADV INJURY $ GENE LAGGREGATE S GEN'LAGGREGATE LIMITAPPLIES PER PROOU TS - COMPIOP AGG S POLICY PROJECTF-I LOC A X AUTOMOBILE LIABILITY ANY AUTO 048917612 09/18/2009 09/1 /2010 COMBI Ee. ED SINGLE LIMIT en0 $ 11000,000 BODILYeNJURY (Par Per on) '$ ALL OWNED AUTOS SCHEDULED AUTOS BODILY (P INJURY g .� HIRED AUT08 NDN.OVJNEO AUTOS PROPS ( Pere TY DAMAGE d.Q $ Certificate Holder Is Additional Inbufed GARAGE LIABILITY AUTO LY. EA ACCIDENT 4 OTHER AUTO MAN EA ACC NLY: AGO b ANY AUTO $ E %CESS /UMBRELLA UARILITY EACHGCCVRRENCE $S OCCUR CLAIMS MADE AOGRE ATE $ $ $ DEDUCTIBLE $ RETENTION $ WpRLOYERERRRSL ' COMPEN5AnONANO (MPBIUTY TO YLIMI7S ER E.L. E A H ACCIOENT 121 ANY PROPRIETORIPARTNEWEXECUTIVE r;.L DIS E -FA R,IROYEE b OFFICERIMEMBER EXCLUDED? It yas Ae PROVISIONS is AL PRO310NS Below E.L. blE EASE - POLICY LIMIT 4 OTHER 2000 Chevy Truck Vin # 033712000 Ford Truck Vin # 1527/1999 International VIn # Truck Vin # 4051/200012001 Amara Vin # 5363/2003 Ford Truck Vin # 5475/2004 A 447/1999 Su ea Vin # 63 icoast Vin # 3984/2001 Ford 2/ 2004 Chevy Van VIC # 6916/2003 Chevy Tahoe Vin 6480/2005 Ford F250 Vin 1585/2005 Ford F250 Vin 1 11/ 2005 Ford F250 Vin 1767 ACORD 25 (2001108) SHOULDANYOFTHEAB I, DESCRIBED POL CIES BE CANCELLED BEFORE THE EXPIRATION COLLIER COUNTY, PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL, EAST NAPLES,FL 34112 DATE THEREOF, THE ISSUNG NOTICE TOTHOCBRTIFI IMPOSENOOBIJOATION REPRESENTATIVES. INSURER WILL EDEAVIRTOMAIL TO mOLUER NAMED PO RDABILI OF AN 30 DAT5WMTTEN THE LEFT, allT FAILURE ToPO$0SHALL KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRE P _r ACORD 25 (2001108) 16L2 CERTIFICATE OF LIABILITY INSURANCE PATE (MMTOMI 06/2612010 PRODUCER Serial 111 172226 FRANKCRUM INSURANCE AGENCY, INC. 100 S. MISSOURI AVE. CLEARWATER FL 33756 THIS CERTIFICATE IS 13SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAICIF INSURED FrankCrum 1 -600- 277 -1620 100 S MISSOURI AVENUE GLEARWATER FL 33756 INSURERA FRANKWINSTON CRUM INSURANCE INC. 11600 INSURER e' INSURER C: EACH COMMERCE INSURER D. FIRE DAMAGE OM IN) JINSURERE, 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 OF OTHER DOCUMENTWTTI 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MAIL ADOLL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVt POLICY EXPIRATION LIMITS LTR INORD DATE MWOO/YY DATE MM/DDM' EACH COMMERCE E FIRE DAMAGE OM IN) % CDMMERCILL GENERAL UABILIR' fl MEO ENP 5 CWMa MALE ❑OCCUR J3ENENA-LMILTY PER90NALAAW INJUNT E OENERPLAOOREOATE E 3ENLAGGRECATELSATAPPUE5 PER: PRODUCTS. COMP /CP ADD E POLICY PRGIECT LOC AUTOYBBRELIABRUTY CIXABiNED SINGLE LIMIT r =..kH.Pu E AN ALTO BODILY INJURY (Perp.nPN 6 ALL OWNED ALTOS SCHEDULED AUT09 NJURY E HIREU.. (P.,..I (Pa acltleM) NON•OVMEO AUtOe PRBPERttDANPOE E IPer.�Neew OAMOE WEILITY AUTO ONLY -EA ACCIDENT 5 OTHER THAN EAACC E ANY ALTO gDTD ONLY AGG H EFCESSIUMBRELLAUMILITY EACH OCCURRENCE AGOREOAT6 S OccUR F7D1IMS MADE E E DEDUCTIBLE E A RETENTION i WORNERSCOMPBNSATION AND ENPLOYERC LMSILITY WC201000000 01101/2010 01/012011 X WC 6TATU- OTHER roRV LIMITS ANY PRDPREYOR I PARTNER I EiECUTNE OFFICER I MEMBER UCLUDEDT E EACH ACCIDENT $ 1,000,000 E. L. DISEASE. EA EMPLOYEE $ 1 goo 000 M YM. tla.oMW Ued.r E,L. DISEASE- POLICY LIMIT $ 1,000 000 SPECIAL PRDVISIUNS GIOU' OTHER DESCRIPTION OF OFERAnOxa I LOCANONe I VERCLeE I MXCUBIDNa ADDED BY ENDORSEMENT I SPECIAL PRON1P0NS EFFECTIVE 0627 /2005, COVERAGE IS FOR 100% OF THE EMPLOYEES OF FRANKCRUM LEASED TO FLORIDA WE7LANDSBANK, LLP (CLIENT) FOR WHOM THE CLIENT IS REPORTING HOURS TO FRANKCRUM. COVERAGE IS NOT EXTENDED TO STATUTORY EMPLOYEES.RE: PANTHER PASSAGE. COLLIER COUNTY PURCHASING DEPT 3301 TAMIAMI TRAIL EAST NAPLES FL. 34112 MILD ANY OF THE ABOVE DESCRIBED POLICIES o[ I.IILLLm I— — ,. —I'- rE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL E0 DAYS WRITTEN NOTICE THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SMALL IMPOSE OBLIGATION OR LUUILITY OF ANY KIND UPUN THE INSURER, ITS AGENTS OR WTHORIZEO REPRESENTATIVE wnJD 6lil0!H_!8L .' ^� GI -LL 1140a18Z;'yll WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 1642 313 (Ed. 4 -84) �rL +�_• �' • r • - • •• • t �+ I.•• air We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER (THIS ENDORSEMENT IS NOT APPLICABLE IN THE STATES OF CALIFORNIA, KENTUCKY,NEW JERSEY PENNSYLVANIA, TEXAS AND UTAH.) COLLIER COUNTY PURCHASING DEPT 3301 TAMIAMI TRAIL EAST NAPLES FL. 34112 RE: PANTHER PASSAGE This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01 @010 - -011012011 Policy No.WC201000000 Endorsement No. WA Insured: FmnkCrum Premium $ WA Insurance Company: FRANK NIINSTON CRUM INSURANCE INC Countersigned by�� WC 00 03 13 (Ed. 4.84) Copyright 1883 National Council cn Compensation Insurance, \ 0 IV !'J