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#10-5408 (Panther Island Mitigation Bank) A G R E E MEN T 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": WIT N E SSE T H: 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 01'8 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: Southwest Florida Wetlands JV d/b/ a Panther Island Mitigation Bank 6466 NW 5th 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 201'8 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. Page 3 of8 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, Insurance Certificate, Exhibit A--Pricing, Bid #10- 5408-Annual Contract for Mitigation Credits Specifications and one Addendum. Page 4 or8 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, andj or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual andj or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, andj or quotes; and, c. immediate termination of any contract held by the individual andj 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 USe. 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 andj 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 Page 5 of8 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. , , , , , , , , , , , Page 6 ofS 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. !.~" ~ \) ~~ ;~\f'('j ATTEST: .".<.......:. ~'^ r;'" .... ' ", <'- ., " Dwight E. BrN:k, Cierk< of-0b)..\rts ~:.: "'(~: .;,,';" ; '~'-='~ By: . ""0,( . Date BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~w.~ Fred W. Coyle, Chairman . Southwest Florida Wetlands JV d/b/a Panther Island Mitigation Bank Contractor ~'\.._~~)-~ First Witness B~ LL~ Signature ~".Wcc. ~a,..JL tTyp,e/ print witne namet Stephen M. Collins, Chief Executive Officer Typed signature and title I-hf1-t I me in -+1P-L tType/print witness namet Approved as to form and legal sufficiency: :; ;;tP)~ L ~ Scott R. Teach Deputy County Attorney s" 0 H- ':;( ~ \ €- ~h Print Name Page 7 01'8 Exhibit A Pricing Price per mitigation credit: Herbaceous Freshwater Herbaceous Saltwater Forested Forested Freshwater Forested Saltwater Saltwater Endangered Species Miscellaneous $ n/a $ n/a $ n/a $ 60,000 $ n/a $ n/a $ n/a $ n/a Page R of8 per credit per credit per credi t per credit _per credit per credit per credit per credit ACORD,,, CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYVY) 06/09/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Howard S. Newman ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bateman, Gordon & Sands, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 1270 Pompano Beach, FL 33061 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Westerworld Southwest Florida Wetlands, JV INSURER B: Essex Insurance 6466 NW 5th Way INSURER C Fort Lauderdale, FL 33309 INSURER 0 INSURER E Client#. 54058 SOUFL38 COVERAGES 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 TYPE OF INSURANCE POLICY NUMBER P~loL,t~~J~f~RZI~IE POLICY EXPIRATION LIMITS LT. NS. A X ~NERAL LIABILITY NPP126849 04/29/10 04/29/11 EACH OCCURRENCE $1 000000 L 3MMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $50 000 _ CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $1000 X BI/PO Oed:1,OOO PERSONAL & ADV INJURY $1 000000 GENERAL AGGREGATE .2 000 000 ~'~ AGGREnE~LIMIT APAS PER PRODUCTS COMP/OP AGG .1 000000 PRO- POI.lCY JECT LOC ~TOMOB1LE LIABILITY COMBINED SINGLE LIMIT , ANY AUTO (Eaaccidenl) - ALL OWNED AUTOS BODILY INJURY - IPerperson) 5 - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY IPeraGGidenti 5 - NON-OWNED AUTOS PROPERTY DAMAGE 5 (Peraccidenl) - ~~GE "AB'''TV AUTO ONLY - [A ACCIDENT . ANY AUTO OTHER THAN EAACC . AUTO ONLY AGG $ B ~~SS/UMBRELLA LIABILITY XGA176209 04/29/10 04/29/11 EACH OCCURRENCE $3 000 000 X OCCUR D CLAIMS MADE AGGREGATE .3 000 000 $ ~ ~EDucnBLE $ X RETENTION .0 S WC STATU- IOJ~- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY EL EACH ACCIDENT S ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL DISEASE- EAEMPlOYEE S Ifyes.describeundef EL DISEASE POLICY LIMIT 5 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS RE: Contract #10-5408 II 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. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TlON Collier County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---10..- DAYS WRITTEN Purchase Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3301 Tamiami Trail East IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Naples, FL 34112 REPRESENTATIVES. AUTHORIZED ~O~ESENTATIVE /L. ., / ACORD 25 (2001/08) 1 of 2 #S307444/M307443 ELC @ ACORD CORPORATION 1988 05/15/2010 03:07 954%32090 ALLSTATERCHORAK PAGE 01/01 ~ CERTIFICATE OF LIABILITY INSURANC E ACORD" I DATE (MM/ggrtVYV) ~ 06/15/201 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A ~":TER OF INFORMATION Richard. B. Chorak, Allstate Agent ONLY AND CONFEIlS NO RIOHTS PON THE CERTIFICATE HOLDER. THIS c~:j:"CA T! DOES: ~ OT AMEND. EXTEND OR Chorak Insurance Group, Inc. ALTER THE COVE GE AFFO..DEO Y THE POLICIES BELOW. 4016 N. 46th Avenue. Hollywood, FL 33021 (P) 954-963-1901 (F) 954-963-2090 INSU~RS AFFORDIN COVERAGE NAIC' INSURED INSURER A: Allstate Insu anca company Southwest Florida Wetlands JV d/b/a Panther Island INSURER B: INSUR.ER c: 6466 NW 5th WAY INSURER 0; ,Ft Laud,FI 33309 INSURER E: COVERAGEs THE:. POLICIES OF INSURANCE LISTED eELOW HAVE BEeN ISSUED TO THE!. INSURED NAMED ABOVE FOR HE POLICY PERI D INDICAtED, NOlWlTHSTANOING ANY REQUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER, DOCUMENT WITH RESPECT 10 WHICH THIS CER IP:ICATE MAY BE IS:SUED OR MAY PERiAIN, THE INSURANCE AFFORDED av THE POLICIES DESCRIBED HEREIN IS SUBJECiTO All THE T RMS, EXClUSIO S AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I~ ~ ~;~ TYPE OF INSURA,NCii: peUCY NUMBE.R DA E . D UMIT5 a(i;NERAL LIABIUTI ~ CURRENC!;;. . ~LCOMMEA.CIAl GENI!RAL L1ABILllY DAM ~NTED 8\ . ~ S aeeural'\C& D CLAIMS MADE 0 OCCUR MEDE (Ai1YOI19P{lr~n) . s~ PERSO L 3. AnV INJURY . OENE' L AGGREGATE . GEN'I.AGGRE~~ LIMIT APPLJE5 PER: PRODU T6 - COMP/OP AGG $ h POLICY PROJECT n lOC A X AUTOMOBilE UABIUTY 649 867 256 02/01/2010 02/01/2011 COMBI ED SINGLE LIMIT , 1,000,000 ANY AUTO (Eaace on<1 ALL OWNED AU"rOS BOOIL ~JURY . .,/ SCHEDULED AUTOS (p.rpe "I .,/ HIRED AuroS BOQll INJURY . .,/ NON-OWNED AUTOS (Per all dam) i, CertIficate Holder Is fpR~~c TI DAMAGE , .,/ AddltiOIl:;illn6UrOO dent) GARAGS, L1A8lUty AUTO NL Y - EA ACCIDENT , b ANY AtJTO ! On-IE THAN EA ACe . Fi AUTO NLV AGG S pCESSIUMBRElLA UAI!ULITY ! EACH CCURRENCE . OCCUR 0 CLAIM6 MADE AGC)R, GATE . . R OEDUCTleL.!;: , , RETENTION . . WORK~fl' eOMPEN8A'l'lON AND , l T l~y LI"ifs I I Vi. ' EMPLOYERS' UABllITY E.L. B At-ly PROPRIETORJPAR'J'NER/EXECUTIVE CH ACCIDENT , OFFICERJMEM9~R. ~xcluoED? '.~D<S 6E.&\EhlPLOYEE . ~~~~]~t$~~~V~~g-NS ~l~ ELD ~EA5E - POl,.ICY LIMIT $ OTHER 'BV 1999 Chev 2003 Chevy truck CERTIFICATE HOLDER CANCELLATION SHOULD ANV OF THE ABOVE DeSCRIBED PO ~'ES BE CANCIil-LED BEfORE THE EXPIRATION COLLIER COUNTY, DATI! THii~lOF, THE ISSUING INSUReR WILL ~DEAVOR TO MAll. 30 gAYS WRITTEN PURCHASING DEPARTMENT - None! TO THE C:Il:RTlfICAT" HOLDIi~ HAM!: TO THl; L!:I!T, BUT FAlLURE TO DO $0 SHALl. 3301 TAM1AMI TRAIL, IMPOst: NO Olll-IGATION 01' UABIUTY Qf AI' Y KIND U~ON THE IN~UR.~R. ITS AGENTS OR EAST NAPLES,FL 34112 .E....'N~ ~ AUTHQRlZED REPIUU!. ~~ ~ . ACORD 2. 12001108) , @ACORDCORPORATION1988 o.o.TC(..~.uDl'f'l'l CERTIFICATE OF LIABILITY INSURANCE 06/2112010 PRODUCER Senftl t 171915 THIS CERTIFICATE IS ISSUED AS". MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FRANKCRUM INSURANCE AGENCY. INC. i'lOL.OiR, THIS CI!RllFICATE DOES NOT AMEND, EXTEND On. 100 S. MISSOURI AVE ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW. CLEARWATER FL 33766 INftu..R8 AFFORDING COVERAGE INAlc# JN5lJRlOD IN.$URERA FRANK WI STON CRuM INSURANCE, INC I 11/JOO [INsuRe~ B Fral'1kCrum 1.600.277-1620 IINsuRERc 100 S MISSOURI AVENUE IN$IJRERD' CLEARWATER FL 33756 [INSU~ER Ii: THE POliCIES Of IN$URANCE L.ISTIiiO BIi:LOW HAVE SEEN Issuec TO THE INSURED NAMEPABCVE IIOR TIolE POLICY PERIOD INDICATED. NOTWITHSTANtllNG ANY R.&tUIREMENT, TERM Oft CONDITION O!!' ANY CONTAACT OF OTHliR DOCUME,NT Wl1H RESPECT TO wHICH THIS ceRTIPICATE MAY 13E ISSUE,C OR MAY PERTAIN, Tt4a INSURANCE ,...~OROEO BY nee pOLICIES OESCRIR~O HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSANO cONDITIONS 01" ~uCH pOLICIES, AGGREGlTE L.fMITS SHOWN MAY HAVi SEEN REOUCiP QY 9A1D CLAIMS. ,~. AJlO'l TYPI! 01' IN9UAANCE POLICY NUMBER P'gA~T ~MJDDrrY~ tlATI! eMMlDDNYI LIMITS cr, I~!IRD ~"ERAl LlAllll..ln' EACHOCCUFlF'l!NeE . 5;ER\:;'^l G~N~RAJ.. LIA!lILln F~EOl\lAAGE'.n. ~MtIr~' , I- ClAIM!; M...D~ DOl:OeuR I.lEDEXPlAny~ne-l'lleft\ . ~ER$ONAl & MJV IN.lUR\I . G!~""lAaOREGf\T; , CEr~r:RE~Trt:~ AP~UEBnl ~~QClUCTB _ COM~IOP Aalll . POUCl' P~~ECT we ~TOMeB'LEUAllllITY COMSIN!DOINCl-SlIIl,lIT , (Emla~.,1) ~ AN'I'AI,ITO I- All.OWNIO,ll"lmS tiOOILl'INJUR'I' . (p~r fI"",on) I- ~CHEOUlEOAUTO$ I- M,fl.ECAI,ITOS BOOILYIN,lI,IPoY . (f'o,"",lJenll I- NON,OWr;;O>l.UTOB PROPERTY OM4AGE , (P!f8eddOf\\) R:GllLWJ'UTY "'I,ITQ ON!..'I'. EAAG(;!tJE~T . AN'rAllfO o"HfRTiiAN SAACC$ AvTOQt.ll..Y AO(>' 5:" I UMBRELLA UAIIUTY E,.I.CHOOCURRlNClii , OCCUR DCLA'Mii MIlot AtlOREWlTE . ~~IiOUCTl91.E , . RETENTION . . WOAl'll!RSCO"'PENU'l'IONAt.lD I ,WCflTAruT TOTI'EA A EMPLI)'fl:",lI;'UAflIUTY WC20100oo00 01(0112010 o1/01/~011 X TORY LIMIT~ AN" PIl.OpRIETOR IPAltT~ER IEXECl..ITM O"~.C"ER I MEMBER U..l..U~? !L_ ",~HA~CIOENT I 1 000000 lfy.l,dl.....nbe'm~I' E,LOI.!i!AU EAE"'PLOYlf $ 1 ,000 000 lI"I!CIAI."ROYIIlION~l>tI.... 1!,L..OI~i.ASE- POl'cYLI"'ll $ 1.000000 OTHER DESCRIPTIO,.. QF OIlERATIQN$Il,Cll"AllOmi IVI!HIi;l.l1l1 EtCl......IONI:l AODED BY E!N~MIiMENT I 8P.C....1.. "1I0VlIIO~ EFFECTIVE 06/27/2005, COVERAGE IS FOR 100% OF THE EMPL.OYEES OF FRANKCRUM LEASED TO FLORIDA WEtLANDSBANK, LLP (CL.lENT) FOR WHOM THE CL.leNT IS REPORTING HOURS TO FRANKCRUM COVERAGE IS NOT EXTENDED TO STATUTORY EMPL.OYEES.RE:SOUTHWEST FL.ORIOA WETL.ANDS JVd/bl. PANTHER ISL.AND MITIGATION SANK IIHOUI.D ANY OF THE ADOVE ~E.:t~Rl"I!!D POllCIEli 8~ CANCEU.~ II.PORi THE EXPlRATlON DATE Ttn,IU!:O", 1Io11llteUlNG INSUREfl WILL eNOEAVOR TO MAlL ~D DAY! WRlTTc!N NanCE TO THIl CERTlFlCATI HOLDI!:R IiAMliltl TO THe LiFT, OUT FAlL.UflE 10 l'JO SHALL ,,,,pose COL.L.lER COUNTY NO OBLIGATION OR IJABIUTY Of ANY KIND UPON 'I'M! INSURER, 11" AGENTS OR PURCHASING DEPT REp..ll!ieENTATNES, 3301 TAMIAMI TRAIL. EAST AUTHORIZED REPRESENTATIVE NAPLES FL.. 34112 .?'-;ZG--.;;i;:"' CER.TlfICATE HOI.D!R CANOELl.ATION G(J')/lOO~ UJnJ :J POL~L8LLlL X~j lO 60 OLOl/lG!80 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POliCY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FrO! OTHERS I!'.NOORSJM:NT We have the right to recover our payments from anyone liable for an InJUIY 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 perfonn 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 ~ONTRACT TO FURNISH THIS WAIVER (THIS ENDORSEMENT IS NOT APPLICABLE IN THE STATES OF CALIFORNIA, KENTUCKY,NEW JERSEY PENNSYLVANIA, TEXAS AND UTAH. I COLLIER COUNTY PURCHASING DEPT 3301 TAMIAMI TRAIL EAST NAPLES FL. 34112 RE: SOUTHWEST FLORIDA WETLANDS JV d/b/a PANTHER ISLAND MITIGATION BANK. This endorsemenl changes the poli'Y to which it is attached and is effective on the dale ISSUed unless otherwi$e slaled. (The information below is required only when thie endol'3ement is issued subseQuen1lo preparation of the policy.) Endorsement Effective 011011201[}-{)110112011 POlicy No.WC201000000 Endorsement No NIA Insured: FrankCrum Premium $ N/A Insurance Company: FRANK WINSTON CRUM INSURANCE INC Covnlersignodby ~ - ~ WC 00 03 13 (Ed 4-84) Copyright 1983 National Council on Compensation Insurance. 30C1/(1)(} lEI UJi"lJ::1 pflL~L6LLlL X~j 30 So (Jl03!lZ!80 ITEM NO.: 10,"?QL-Ol\o38 FILE NO.: '.,', DUE ~E.CEIVED: , , , GJr J;) 4' ()U "'~ ";y' .\( C/G ,~VL' (b ~ !( ~j)i~ b s (L- --1 \1.,0 v-9~ 1) ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: June 16, 2010 To: County Attorney's Office Attention: Jeff "latzKow From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #10-5408 "Annual Contract for Mitigation Credits" LPI Wetland Mitigation Bank L TO (Little Pine Island) .; Southwest Florida Wetlands d/b/a Panther Island Wetlands Bank Group BACKGROUND OF REQUEST: ,J~ This Contract was approved by the BCC on May 25, 2010, Agenda Item 16.B.2 Contractors: 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 ) OffC:Dlb~ 1<LSII CHECKLrST FOR lU:VIEWING CONTRACTS Entity Name: ~5tzclh\.J.LS-in.s==-lu-.cb..~+lUr1ds---;-01 albA Po.. (\+V--Q.V"-:r=S\a v--eJ (VII +i0,o...,h.vl') '&1. nil' Entity name correct on contract? . ~_ Yc) N'rt- Entity registered with FL Sec. of State? __~s Insurance I Insurance Certificate attached? ___~_.,LYcs No Insured registered in Florida? ~-.-0Y -.r'.._. _ '.yY:e.:s _..~N~O Contract # &Jor Project referenced on Certificate? ---V:~ ~ Certi!leate Holder name correcl (BCC)? Commercial General Liability I ~ ~ General Aggregate Required $ Provided $ 1m til Exp. Date _ .. .11 Products/Compl/Op Required $_. _ _.__ _ ProvIded $--\..I1hlL_- Exp. Dale ______ Personal & Advert Required $ . Provided $..1_ (1'\' \ \, Exp. Date Each Occurrence Required $-\f^. __.'\ \ Provided $.~\.\. Exp. Date _._._ FirelProp Damage Required $_______ Provided $_'jD.-"I-=--__ Exp_ Date ______ Automobile Liability \ \ - \ Bodily Inj & Prop Required $_LfY' \ __ Provided $" \ yY\ \ \ \ Exp Date_~\.\ Workers Compensation.-t SCOf, efTI.Yb..tt6 \ ~1o.1t',. . . Each accident Required $7:"..:::r -_P __ '1>rovided $ __~ Exp Date "_~. -\- Disease Aggregate Required $~ Provided $__1.<.__.'_'-_ Exp Date _ _ _ +\ Disease Each Empl Required $ Provided $ _!.L~_L Exp Date _ ___ _ _ Umbrella Liability I ~r, I Each Occurrence Provided $ ~~~ Exp Date .-.l:i~\1 Aggregate Provided $-,_,__'.J _ Exp Date._.li._ _'. J Does Umbrella sufficiently cover any underinsured portion? A~ Yes No Professional Liability ~ Each Occurrence ReqUIred $ Provided $ Exp. Date____ Per Aggregate ReqUIred $ __ Prov](led $ _ __~_ Exp. Date ___._ ___ Other Insurance Each Occur Type:__._ Required $ . Provided $ County required to be named as additional insured? County named as additional insured? l~ Yes Indemnification Does indemnification meet County standards? Is County indemnifying other party? ~Yes Yes Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Yes Yes Yes Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entlty? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman '5 signature block? Clerk's attestation signature block? County Attorney's signature block? _~.bs es =~s +Ycs _.lL~_ =~~__ .~~ ~Yes Attachments Are all required attachments included? No \ I 'I 'J' b1i!j d r) ~ ~I fft"?\Of {Jot I ~cD Exp Date ~ No No i~ No No No No No No No No No No -e,,;;:::,":::; .~ ~ D J4CO~ / I MEMORANDUM FROM: , , ~t1 Ray Carter .}<. K Risk Management Department J 'JJ-/ Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department TO: DATE: June 16, 2010 RE: Review of Insurance for Contract: #10-5408 "Annual Contract for Mitigation Credits" Contractors: LPI Wetland Mitigation Bank L TD (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.B.2 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. ~tJ,; Thank you. dod/RC C: Kevin Dugan, TECM 'RECEIVED JUN 1 6 2010 RISK MANAGEMENT mausen 9 From: Sent: To: Cc: Subject: RaymondCarter Wednesday, June 23, 20109:45 AM CummingsRhonda DeLeonDiana; mausen_g; HerreraSandra; TeachScott 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 ~ Cah.i:.e!L 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. eo1tr CmtHty Admnistrative Selvioes DMsion Purchasing RE-:CEIVED May 25, 2010 JUN - 7 2010 Stephen M. Collins SW FL Wetlands JV d/b/ a Panther Island ~west Mi1~o~~~~t' Bldg. 6 (, <j ~ ~ rJ (JJ 5'-f~ ~)") D~ l5eaTh;-r __2 Fr: '-'-<<uiJ ,- ,ItA r- ,Fe. 3>3~9 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: c. Commercial General Liability with a minimum limit of $1,000,000; Business Auto Liability with coverage of $1,000,000; Workers' Compensation meeting Statutory Limits; Employer's Liability $500,000 each accident; not applicable - no emplo ees Collier County named as Additional Insured and Certificate Holder; Cancellation Clause stating Thirty (3Ql..Days. a. b. d. e. 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, 4.a--:--4?~ (;,) Rhonda Cummings, FCC'N, CPPB Contract Specialist C: Kevin Dugan, TECM G) pj~f'a,.:'X; 0erJ1.m:':11' 3~()1 LlI :~irni Tral E as1 . Naoles F<cridJ 3<1112. V/NW C;)!I;':rqC'ir,e1l'vd135in'] /:c ~ .\. ). J 1\, ;(\1' \'~2k... \l'.'-'-- l A A(~ )ld ')1,1\' 1\1. ~ I , ; _ Y Vi. 1M Panther (,,' 'J\, Island MITIGATION BANK June 8, 2010 Rhonda Cummings. FCCN, CPPB Contract Specialist Collier County - Purchasing Department 3301 Tamiami Trail East Naples. FL 34112 Referencc: Contract #10-5408" Annual Contract for Mitigation Credits" To Whom It May Concern: Please use this lettcr as authorization for Stephen M. Collins as Chief Executive Ofticcr 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. David L. John Authorized Agent State of Florida County of Broward '>(\:11 1 eX. Le...v...:.,~ ::;;;" n is pcrsonally known. ~" " - ., ~''-~~'..}-'), .... -,,-,-,, ~ -. Michele Urey Tedrick \>:, "",.'!/f~r"~,, MICHelE UREY TEDRICK l ' ~~ Notary Public, Stili of florldl t. . My Comm. E>cplr.. Novl8. 2013 . Commission tI DO 925218 , fll,~' 80ndtd Thro~h National Notary Assn Notary: ((1l~1'()1\,\ 1'1 (llTlCl ,>;1-1 ~Olllh i\1dllary ILl!\. HlIild\ll~ (,.Ikl'l'!ll.ld lk,IL'IL 11_\'q"L: S:-IS_\Ol 1;0-;.1)54':;\)(\.2-111 . J;l\ 'led -lXO(J'?:"1I) II \\\\ \\,clldlld-.;]J;lllk,Ullll :\ \1'1_] " l H,'I-I( T ~ ~I)(I Hdil,"\ ! ,1I1~'_ Slllk 1';;:~ . ~,qlk,;. Ii ;-11()'i. 1'1l\>I\L'- .2_\I).-I(l_~ 7100 f-'ronl(-;dorl,ecycledpapnr't" www.sunbiz.org - Department of State Page I of I Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return to List No Filing History Fictitious Name Detail Fictitious Name PANTHER ISLAND MITIGATION BANK Filing Information Registration Number G06143900236 Status ACTIVE Filed Date OS/23/2006 Expiration Date 12/31/2011 Current Owners 1 County MULTIPLE Total Pages 1 Events Filed NONE FEI/EIN Number NONE Mailing Address 814 SOUTH MILITARY TRAIL DEERFIELD BEACH, FL 33442 Owner Information SOUTHWEST FLORIDA WETLANDS JV 814 SOUTH MILITARY TRAIL DEERFIELD BEACH, FL 33442 FEI/EIN Number: 65-0741505 Document Number: G04254900153 Document Images OS/23/2006 -- Fictitious Name Filinq \ 0 0\ "S 1o\1~ I J,. \.(~~) ~t'J;- ,'Wl~ "v' 'J.e. ~ ,~\. ~'~ , ~ Ie' ') .' Y' ( Note: This is not official record. See documents if question or conflict. View image in PDF format Previous on List Next on List Return to List No Filing History I Home I Contact us I Document Searches I E-Filinq SerVices I Forms I Help I CODyriqht and Privacy Policies Copyright (c) 2007 State of Honda, Department of State. http://www .sunbiz.org/scripts/ticidet.exe?action=D ETCHR&docnum=G0614 3 900236&ch... 5/25/20 10