#08-5020 (Little Pine Island Wetland Mitigation Bank)
A G R E E MEN T 08-5020
for
Annual Contract for Mitiaation Credits
THIS AGREEMENT, made and entered into on this 11th day of March 2008, by and between
Little Pine Island Wetland Mitigation Bank, Ltd., authorized to do business in the State of
Florida, whose business address is 13451 McGregor Blvd, #31, Fort Myers, Florida 33919,
hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision
of the State of Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a
Purchase Order. The contract shall be for a one (1) year period, commencing on March
11, 2008, and terminating on March 10, 2009. 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 mitigation credits in accordance
with the terms and conditions of Bid #08-5020 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 price,
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 Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
4. 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:
Raymond Pavelka, President
Little Pine Island Wetland Mitigation Bank, Ltd.
13451 McGregor Blvd., #31
Fort Myers, FL 33919
(239) 481-2011/ (239) 481-8283 Fax
Page I of 5
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $500,000
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. N/A Business Auto Liabilitv: Coverage shall have minimum limits of $00,000
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. N/A Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
Special Requirements: Collier County 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 thirty (30) 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.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant 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
ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant 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.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Transportation Department.
13. 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
Page 3 01'5
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.
BY:~ ~()(,.
Dated: ... .g-- . ..
(S~~t as to Chlll'UJl ~
APPf9ve~"f~~~ln.d
legal suffici~ncy:
~
BOARD OF COUNTY COMMISSIONERS
COLLIER C,NTY, FLORIDA .
By: - kn
ATTEST:
Dwight E: 'Srock, Clerk of Courts
Print Name
Little Pine Island Wetland Mitiaation Bank, Ltd.
"?~~
Firs Witness
By:
Signature
7IChhY/l-D fWDIf~ ~J
tType/print witness namet
~J~lJ~.
Seco Witness
Ra mond A. Pavelka President
ped signature and title
Mariner Properties Development, Inc.
General Partner of LPI Wetland
Mitigation Bank, Ltd.
ShejGc.1. 0' G,,,nol
tType/print witness namet
Page50f5
. ACORD~
CERTIFICATE OF LIABILITY INSURANCE
OP [D SC I OATE (MMIDDlYYYY)
MARIN 5 03/28/08
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO!
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
PRODUCER
Private Client Insurance
9736 Commerce Center Court
Fort Myers FL 33908
Phone: 239-481-1949 Fax: 239-481-2911
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
INSURER A: Mount Hawley I'nsurance
INSURER B:
, INSURER G:
INSURER 0;
INSUReR E:
Marinar Properties Development
Attn: ~y Pavelka
13451 McGreqor Blvd. Suite #31
Fort Myers FL 33919
COVERAGES
THE pOLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDlCATED. NOTWITHSTANDING
NV.Y REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, -rHE INSURANCE AFFORDED BY THE POLICIES-oESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOrrlONS OF SUCH
POLtcIES. AGGREGATE liMITS SHOwN MA.Y HAVE BEEN REDUCED BY PAID CLA1MS.
LTR I<SR TYPE OF INSURANCE POUC'r' NUMBER. ~~W;J~OCZ!XE Pg1!TE~~rri~"?A~ UllolTTS
GENERAl.. UABIUTY EACH OCCURRENCE .1,000,000
- MGL0151279 01/01/08 01/01/09 .50,000
A X X COMMERCIAL GENERAl lIABilITY ?REM<SES (Ea OCCUferlCa)
t CLAIMS MADE ~ O--NUR MED EXP (Any Oile pa:son-) .5,000
P€MONAL & ADV INJURY $ 1,000,000
X per" lee agqrt::lQ"ate GENERAL AGGREGATE $21000,000
,
~'~AGG~En,llMIT APPlSIPER: PRODUCTS - COMPIOP AGG , 1,000,000
I POLrCY ~r8; LOC
~TOMOBlLE UABllITY COMBINED SINGLE UMIT $
ANY AUTO (Eaaccldent)
- ~
- ALL OWNED AllTOS BODILY INJURY
(PorpO[1;Dnj , .
SCHEDULED AUTOS .
- I
- HIRED AUTOS I eoOllY JNJURY
(Perac:;iden-t) .
- NON-OWNEO AUTOS
PROPERT( DAMAGE ,
(Peracddool)"-
GARAGE UABIUTY AUTO ONLY~EAACCIDENT .
==1 ANY AUTO OlHER THAN EAACC $
AUlU ONLY: AGG .
EXCESSJUMBRELLA UABIUTY EACH OCCURRENCE $
=:J' OCCUR D CLAIMS 1I.IADE AGGREGATE $
$
==1' ~EDlJCTlBL.S I
RETENTlON . .
WORKERS COMPE,,",SATlON AND ITORY LIMITS I IUJ~-
EMPLOYERS. UABIUTY EL EACH ACCIDENT
ANY PRQ?R1E1ClR/PARTNERJEXECUTIVE .
OFFICER!lvlEMBER EXCLUDED? E.L. DISEASE ~ EA EMPLOYE ,
lfyoG, d6ll"crib$under E.l. DISEASE - POLICY liMIT
SPECIAL PROVISCONS 0.610'>'1 $
OTHE.
DESCRJPllON OF OPERATIONS f LOCATIONS 1 VEHICLES J EXCLUStONS ADDEO BY ENOORSE:MENT 1 SPECIAL PROVISIONS
Certificate holderi.a listed under as additional insured under the general
liability
CERTIFICATE HOLDER
CANCEL!..ATION
COL3301 SHOULD ANY OF THE ASO\/E oG:SCRlBEO f>OUCIES BE CANCELLED BEFClRI; mE: EXPIRATION
DATE TrlERE:OF,ll-lE ISSUING INSURER IMLl ENDEAVOR TO MAH_ 10 DAYS WRITTEN
Collier Government NOTICE TO THE. CERTIFICATE fiOLDER NAMED TO THE LEFT, BUT FAlLURE TO 00 SO SHALL
County IMPose NOOBUGATION OR UABlUTYOl; ANY KlND UPON !:HE INSURER, ITS AGENTS OR
Purchase Bu:i1ding
3301 Eas't Tamiami Trail REPRESENTATlVES.
Naples FL 34112 T T:7J .'2."'":"" l
A029920
ACORD 25 {2001/08}
@ ACORD CORPORATION 19
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IPI Wlin.AND MrI1GATION BANK. LID. .ft. '.fj~\
CERlll11CA"lll OF IJMrmD PARTNERSIIIP 1r -k-.<.J?,
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The undersigned, desiring to fonn a limited partnership pursuant to the laws o(""tJw ':'!h%
State of Florida, certifies as follows: ~ '<1,'~.
~ .~..:-,
1, NlII11e of Umltcd Partnership. The name of the Umlted partnership Is LP~ t;J;
WeIland Mitigation Bank, Ltd. iJ'
2. omCll! for MalnlCI'IlIIlCll! of Buslncu RealD. The address of the office at
which the records of the Umlted Pannershlp will be kept, as required by Florida Statues
Section 620.106, Is 12800 University Drive, Suite #675, Fort Myers, Florida 33907.
3, Alent for Sclv\ClI! of Process. The name and address of the Partnership's
agent for service of process In Florida 15 Raymond A. Pavelka, 12800 University Drive,
Suite #675, Fort Myers, Florida 33907.
4, General Partner. The name and business address of the General Partner of
,he Umlted Partnership 15 Mariner Properties Development, Inc., 12800 University Drive,
Suite #675, FOIt Myers, Florida 33907. (~r( WOVUO'/ r"2-
5, Address of Partncnhlp. The mailing address of the Umll"u! Itnership Is
12800 University Drive, Suite #675, Fort Myers, Florida 33907.
6. Date of DIssoludon. The latest date on which the Umlt! '. J'artnershlP Is to
dissolve 15 December 31, 2026.
Dated: August..3!!.-. 1996
Fort Myers, Florida
LPI Wetland MItigation Bank, Ltd.
By: Mariner Propertles Development,
Inc., I
By:
Raymond A. Pavelka
Its: President