#06-3900 (Ruby Red Equities d/b/a Big Cypress Mitigation Bank)
1684
AGREEMENT
THIS AGREEMENT, made and entered into on this 10th day of January 2006, by and
between Ruby Red Equites dba Bid Cypress Mitigation Bank, authorized to do business in
the State of Florida, whose business address is 12800 University Drive, Suite 400, Fort Myers,
Florida 33907, 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 of the Agreement term then in effect.
2. STATEMENT OF WORK. The Con,tractor 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:
Ruby Red Equites dba Big Cypress Mitigation Bank
12800 University Drive, Suite 400
Fort Myers, Florida 33907
(239) 415-6221
(239) 415-6211.(fax)
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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, P.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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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 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.
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. lhis 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. lhis 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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1684.';
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 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 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
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 & 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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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.
ATIEST:.
Dwight E.BJ;9,C("Chirkof Courts
B*tOC(!J~01 fW{) , .oC
D e ::,3-2-21,...
(Sg>AJ:,>:>" ,
'_ ~. '," -..~~.' ... " ,.l
Atust.:js.USGh'ilraan' $
11IAltllrt'tIIllj.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~r~~ ~
Ruby Red Equites dba Big Cypress Miti~ation Bank
Contractor
.' ,,--.
[jrUkN J . L/LI /"1
First Witness
Do U),l A. Te VI V\.
tType/print witness r;;m\t
(l'lM,1~
/ Second Witness
By:
.P.
Doug Cardello, Chief Financial Officer
Typed signature and title
~^f/h) Ikl--
1 ype/print witness namet
Approved as to form and
legal sufficiency:
0cf/1J2v17r1 Jjlfr)~
/"
Assistant County Attorney
Item # \ loB
Agenda l-l D -ll
Date If!
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ACORD~ CERTIFICATE OF LIABILITY INSURANCE
PRODUCI!R Phof12: 800-548-1808 Fax~
Brown & Brown - Fort Myers, FL
3620 Colonial a1vd., Suite 200
Fort Myers FL 33912
239-2?8-1994
.
2 2
THIS Cl!RTlFtCATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AIiID CONfERS NO RIGHTS UPON THE CERTlFICA IE
HOLDER. THIS CERTIFICATE DOeS NOT AMEND, EXTEND OR
ALTER TIlE COVERAGE AFFORDED BY TIlE POLICIES BELOW.
I
jlNSURERS AFFORDING COVERAGE , HAlC.
: INSUR'ERA: American Empire Surplus Lines:
~8: Auto Owners Insurance Company I
: ""SUftl:RC: Commerce & Industry Insurance:
INSU~D: Pacific Insurance Co. Ltd.
-j
"..u..."
EarthMark CDS.. et a1
: see remarks for Named Insureds
12800 University Or, Suite 400
Fe. Myers FL 33907
COVERAGES
INSURER E:
TIlE POI.!CJ:ES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO TJ(f; rllSUREO NAMED ABOVE FOR TH.e POLICY PERIOD INtlICAT.E:D.
NOTWITHSTANDING AMY REQUIREMENT, T2Rfl1 OR CONDITION OF ANY CON"I'RAcr OR O'nlER DOCUMENT WITH RESPECT TO WHICK THIS
CERTIFIClTE MAY BE ISSUED OR MAY PiRT~N, THii: INSURANCE AFFORDED BY THE POLICIES' DESCRlBED HEREJ:N IS StJBJ1tCT TO ALL
THE TE~~CLUSIONS.AND CONO'ITIONS OF ~CH POLICIEs. AGGREGATE LIM1T~.~~<!!fN MAY HAVE BEEN REDUCED BY PAID CLA~~
POUCYNu.H I POLlCYI!FFECTM; JIOUCY EXPIlAlION I L*ITS
A ~NSW.UA8IUrY 6J;;P07398 11/16/2006 1/16/2007 : EACHOCC\.lRfENCE .1,000,000
: : COMIoteRCIAl GENeRAl. UA8llfTY PBeMses ~\ .100,000
rD CLAlMS4.CADE [!] OCCUR .,-
UEDEXPIAnj_......--.I . 5,000
I PfiASQNAL&ArNINJURY : .1. 000, 000
D__m__-= GENERALAGGRtOATE Ii 2,000,000
~AGG~rlLU..,T~l~lPER: PRODUCTS. COt.If>,a:> AGG ,2,000,000
: p,,'-'tv 'I ~ :X LOC: --
B ~OftEuuurv 4291616600 6/22/2005 6/22/2006 CONBlNEOSlNGU; LIMIT ,~
""V AUTO lEe.MlCidetJt) "
f ~' All OWNEDAUlO6 OOOfl YlNJURY
: X : SCHEDULED AUTOS jPerperSQf'l) :1'000~
~ HR~_~ 90DIl V INJURV
X NON-oWNED AUTOS 'IPflrIlOCidIllOlJ
: PFlOPERTY DAMAGE .
: : (Perac:clclenl)
~RAGE U41UI.JfY ~!-}'_'_~~IDENT ,
c-J IWY AUTO :
: OTtERJHAN EAACC ,
AUTO ONLY; AGO .
A Ellcn...........UA81llTY !6EX07399 : 1/16/2006 1/16/2007 EACH OCCURAEt.cCE: ,5,000,000
r OCC'-" 0 ClA"SMADE ' AGGREGATE- . 5,000,QO~
.
i ~ ~eoocnB<E ,
X FlETENT~ .10,000 ,
C WOIlI(ERaCOtlPENSAnON AND : 294702 1/1/2006 1/1/2007 Cll,i ~!i!~1'!;.1 [".];\"
E.PlOYDIS' UA8R.11Y
: : E.l. EACHACClD!:NT ,100,000
N>lV~AR1'NERIEXEClJTIVE
OffICE~ExCt.UDED? : ELD1SEASE-EAEMPLOYEE S 100,000
~~.-~o.sblllow I E_LDtSEA~-POUCYllMIT: S 500.000
D ' OTtER ': ZG0033214 ,1/16/2006 : 1/16/2007 $100,000
; Leased/Rented any 1 item
, Equipment $5,000 deductible
: wind(hail excluded
DE8CAIPTlON OF OPERA TImIS (l.OCA noNS IVEIftCUSJ EXClUllON& 400E:D BY ENDORSEMENT IKPt!ClAL PIlOV...JIIS
,See AttaChed
CERTIFICATE HOLDER
Collier County Board of County
COfIUIlis.sioners
3301 E. Tamiami Trail
Naples FL 34112
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED PoLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THER&OF. THE ISSUING INSURER
illLL ENDEAVOR TO MAIL 10 DAYS WRI'M'EN NOTICE 1"0 THE
CERTII'Z CATE HOLDER NAHlID TO THE LliF'r. BUT PAILIJRE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LLABlLITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR. REPRESEt."'XATIVES.
AUTHORIZED REPRlSENTATIVE
~~ c t<J~
@ACORDCORPORATION 1988
ACORD 25 (2001/88)
PRODUCER
Phone:
800-548-1808 Fax:
- Fort Myers, FL
Blvd., Suite 200
33912
239-278 1994
DATE (MMfODNYYY)
1/25/2006
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.
..
A CORo'M
CERTIFICATE OF LIABILITY INSURANCE
Brown & Brown
3820 Colonial
Fort Myers FL
INSURED
Ruby Red Equities DBa
Big Cypress Mitigation Bank
12800 University Dr, Suite 400
Ft. Myers FL 33907
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: American Empire Surplus Lines
INSURERB: Commerce & Industry Insurance
INSURERC: Pacific Insurance Co. Ltd.
INSURER D:
INSURER E:
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.
INSR ;:,~~~ POLICY NUMBER POLICY EFFECTIVE P~iICYEXPJRATION LIMITS
LTR
A GENERAL LIABILITY 6EP07398 1/16/2006 1/16/2007 EACH OCCURRENCE $ 1,000,000
- ~~~~~~s (E~~~~~~nce\ ,100,000
- COMMERCIAL GENERAL LIABILITY
- P CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5,000
- PERSONAL & ADV INJURY ,1,000,000
I- GENERAL AGGREGATE S 2, 000, 000
n'LAGG~FrLlMIT AP~S PER: PRODUCTS - COMPIOP AGG ,~, 000, 000
POL1CY~~& X LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT ,
ANY AUTO (Eaaccidenl)
I--
.~ ALLOWNEDAUTOS BODILY INJURY
(Per person) ,
I-- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
(PeraccidenJ) $
- NON-OWNED AUTOS
PROPERTY DAMAGE ,
(Per accident)
~~GE LIABILITY AUTO ONLY - EA ACCIDENT ,
ANY AUTO OTHER THAN EAACC ,
AUTO ONLY: AGG ,
A ~ESSIUMBRELLA LIABILITY 6EX07399 1/16/2006 1/16/2007 EACH OCCURRENCE $5,000,000
X OCCUR 0 CLAIMS MADE I AGGREGATE $ 5, 000, 000
,
Fx1 DEDUCTIBLE I ,
X RETENTION ,10.000 S
B WORKERS COMPENSATION AND 294702 1/1/2006 1/1/2007 X I T'6~$ItJI~S I I OJ~-
EMPLOYERS' LIABILITY S 100, 000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? ~pISEASE - EA EMPLOYEE $100,000
If yes, describe under S 500,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT
C OTHER 2G0033214 1/16/2006 1/16/2007 $100,000 any 1 item
Leased/Rented $5,000 deductible
Equipment wind/hail excluded
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
30 days notice of cancellation, except 10 days notice for non-payment
Regarding the General Liability, Collier County is named as an Additional Insured
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Collier County Board BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
of County WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
Commissioners CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
Purchasing Building SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
3301 E. Tamiami Trail THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Naples FL 34112
AUTHORIZED REPRESENTATIVE ~~c. cJ~
ACORD 25 (2001/08)
@ ACORD CORPORATION 1988