#06-3900 (LPI Wetland Mitigation Bank, Ltd.)
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AGREEMENT
THIS AGREEMENT, made and entered into on this 10th day of January 2006, 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" (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. The contract shall be for a one (1) year period, commencing on
January 10, 2006 and terminating on January 9, 2007
The County may, at its discretion and with the consent of the Contractor, extend 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 ofthe Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide mitigation credits in
accordance with the terms and conditions of Bid #06-3900, "Annual Contract for
Wetlands Mitigation Credits" and the Contractor's proposal hereto attached and made
an integral part of this agreement.
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).
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:
LPI Wetland Mitigation Bank, Ltd.
13451 McGregor Boulevard, Suite 31
Fort Myers, Florida 33919
(239) 481-2011
(239) 481-8283 (fax)
1684
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
Attn: Steve Carnell
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 Service
Agreement must be in writing.
5. 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.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., 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.
7. 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.
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16B4
8. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, 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.
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 immediately for cause; further the County may terminate this
Agreement for convenience with a seven (7) 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 $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. Business Auto Liability: Coverage shall have minimum limits of $500,000 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.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 for each accident,
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 30 days prior to any expiration date. There
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16B4
shall be a 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 or Consultant shall indenmify 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 Contractor or Consultant
or anyone employed or utilized by the Contractor or 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
indenmified 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 & Construction Management
Department.
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 Proposal, Insurance Certificate, Bid #06-3900 Specifi-
cations/Scope of Services and Addendum.
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, VENUE. This agreement shall be construed in compliance with Florida Laws. Venue
shall be in Collier County, Florida.
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1684
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. Brock;Clerk of,Courts
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Chairman
By:
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First Wi ess
LPI Wetland Mitigation Bank, Ltd.
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Signature
By:
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iType/print witness namei
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Second Witness j
(Z-lCt.fr#P M DI'cpg.)
,
iType/print witness namei
Raymond A. Pavelka
Typed signature and title
President,
Mariner Properties Development, Inc.
as General Partner of
LPI Wetland Mitigation Bank, Ltd.
Approved as to form and
legal sufficiency:
C~(y)~ 0
Assistant County Attorney
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ACORD.
CERTIFICATE OF LIABILITY INSURANCE
5
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UpON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AlIENO, EXTEND OR
ALTER THE COVERAGE AFl'ORDED BY THE POLICES BELOW.
'mYl
/06
PRODUCER
Private Client Insurance
9736 commerce Center Court
Fort Myers FL 33908
Phone:239-481-1949 Fax: 239-481-2911
INSURERS AFFORDtNG COVERAGE
NAIe #
INSURED
Mount Hawle Insurance
Zurich North America
Mariner Properties Deve~o~nt
13451 MCGregor Blvd. su~te 127
Fort Myers FL 33919
INSlRER A
INSURER B
It.lSWERC
INSURER D'
INStRER E
AS:Jo<:i.atced D>dustcri._ :InsurVlC
11-IE Pcx..1CIES CF !NSlRANCE LISTED BELOW HAVE BEEN ISSUED TO TI-E ~ NAMED ABOVE FOR Tl-E POLICY PERIOD INDICATED. NOTWlTHSTA1'Dl1\J3
/'NY REOUIRaENT, TERM OR ca..omCN Of Nrf CONlRACf 00 OTtER ~ Wl1H RESPECT TO 'NHICH THIS CERT1FICA1E MlI..Y BE ISSlED OR
MAY PERTAIN.1l-t=: INSI..RMICE NFOODEO BY l1-E PQUCiES DESCRIBED rEREJN IS SlBJECTTO,AU TJ-E TERMS. EXo.l1S1CNS N>lD CQNOmONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDJCED BY PAlO ClAIMS.
L'" r.::;;.; TI1'E '" INSURANCE POUCY ........ I DATE fIUDDIYY} DAn: (MMIDDIYY} lNTS
~llABLlTY EACH OCCLmENCE .1000000
A "'- ~.eRCIAL GE!\ER.IlLLlABlllTY MGL0143686 01/01/06 01/01/07 PREMISES (Ea occurence) . 50000
f-- CLAIMS f.Nl,CE ~ OCaJR MEn EXP (Any one person) .5000
PERSONAl & ADV INJ...HY .1000000
GENERAl AGGREGATE .2000000
~~AGGREGATE LIMIT APn PER PRODLCl"S - c:a.wfOP fJ.I:;G $ Included
PCXXY n ~gy. lOC Emp Ben, 1,000,000
~OMOBILE~1lY COMBIf>Hl SINGLE LIMIT ,
N<YI'UTO lEaaccldeft)
c-
I- ALL OV\INED AUTOS BODILY INJl.RY
(Perpm;;oo) .
>- SCHE!XJlED AIJrOS
A ~ HIRED AllTOS MGL0143686 01/01/06 01/01/07 BODILY IN..Jl.R,(
01/01/06 01/01/07 lPeraccider1) $ 1000000
A 0- NCtl/-OV.JNEDAlJTOS MGL0143686
PROPERTY DAMPoI3E .
jPBrBCcidBrt)
~~~m I AUTO ONLY - EAACCIDENT ,
N<YI'UTO OTriER lW\N EM-CO .
AlfTOON...'(' AGO .
EXCESStlJliERS-LA UABLlTY EAO-1 OCCURRENCE $ 5,000,000
B X OCCUR o CLAlMSMADE AUC937857802 01/01/06 01/01/07 AGGREGATE .5,000,000
.
~ DEOOCTIBtE .
X RElENTION .0 .
WORKERS COMPENSAT1ON AND Tr~\-t:~rrs I IUJ~-
C EMPLOYERS'LIA.8IJTY 2006334631 01/01/06 01/01/07
IWf PRCf'RJETOPJPAATNERIEXECUTIVE E.L EACH ACCIDENT . 1000000
C1'FICERlMEMBER EXQUOEO? E.L DISEASE - EA EMPLOYEE $ 1000000
11 yes. Oescribeunllar
SPEClAL PROVISIONS below E.L DISEASE - POlCY LIMIT .1000000
On<ER
I
OESCRPTlON OF OPERATIONS I LOCATIONS J VB-IClES I EXCLUSIONS ADDED BY EI'IXIRSBENT I SPEClAL PROVISIONS
CERTIF"ICATE HOLDER IS SHOWN AS ADD"ITIONAL "INSURED
COVERAGES
CERTIFtCATE HOLDER
CANCELLATION
COLL330 SHOtA.D Nf'( Of THE ABOVE DESCRBB) POUCE$ BE CANCB..1.ED BEFORE THE EXffiATlON
DATE THEREOF, THE tsstING INSURER WIll ENDEAVOR TO MAL 10 DAYS WRrTTEN
-
COLLIER COUNTY GOVERNMEN'l' NOncE TO TlE CERTFlCATE HOLDER NAMED TO nE LEFT, BUT FALURE TO DO SO SHAll
PURCHASING BUILDING IIFOSE NO OBUGATION OR UABIUTY Of NN ~ UPON THE 1NSlRER. ITS AGENTS OR
3301 E. TAMIAMl TRAIL RB"RESENTATlVES.
NAPLES FL 34112 I 'l::7J Re'RESENTAT"'" I
Clt-..... A029920
ACORD 25 (2001/08)
@ACORDCORPORATION 1988