#06-3900 (Southwest Florida Wetlands JV)
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AGREEMENT
THIS AGREEMENT, made and entered into on this 10th day of January 2006, by and
between Southwest Florida Wetlands IV., authorized to do business in the State of .Florida,
whose business address is 3200 Bailey Lane #158" Naples Florida 34105, 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 ~itten 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 #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:
Southwest Florida WetIands JV
3200 BaiIey Lane #158
Napels, Florida 34105
. (239) 633-6385
(954) 480-6250 (fax)
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 TamiamiTrail, 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 Connty.
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
3
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. INDEMNIFICA TION. 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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3301 East Tamiami Trail
Naples. FL 34112
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ACORD n (ZOOi/OS) 1 of 2
#172174
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ACORD CORPORATKm 101l1l
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CORD~
CERTIFICATE OF LIABILITY INSURANCE
A I gATE (IIM/llDIY'NYI
~ 01/1912006
PROClUCER THIS CERTIFICATE IS ISSueD AS A MAnER OF INFORMATION
Richard. B. Chorak. Allstate ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE
HOLDER. THIS CERllFICATE DoeS NOT AMEND. EXJEND OR
4016 N. 46th Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Hollywood, FL 33021
INSURERS AFFORDING COVERAGE HAle.
INSURED INSUReRA: ABstat. Inslllilnce Company
SOUTHWEST FLORIDA WETLANDS JV INSURER 8;
3200 BAILEY LANE #158 INSURER c:
NAPI.ES,FL 34105 INSURER D:
I INSURI!R E:
THE POUCIES OF INSURANCE USTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMeD ABOVe FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF /llNY CONlRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CeRTIFICATE MAY BE ISSUED OR MA.Y
PERTAIN. THE INSUR/llNCe AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. exCLUSIONS AND CONDITIONS OF SUCH
pouCles. AGGREG,..re LIMITS SHOWN MAY HAve BEEN REDUceD BY PAID ClAIMS. ~
LTR IIIIIID nP& OF INIUlWC1! POUCY NIIIIlEA ~ UMlrS
Gl!Nl!RAI.IJMI\1.m' l&a s
~l COMMERCIAL GeNERAL LlA8IUTY n~81 $
o CLAIMS MADE 0 OCCUR Nl!O ElCP IAnv_ Dl!I'8OIII S
B~ ~SONAL. ArNlNJURY S
GENERAl. AGGREGATE S
9i'LAGQREn~ LlliAIT riS PER: PRODUCTS. COMP/OP AGG S
POLICY PROJECT LOC
A ~lIIOIILE LIA8IUTY 649867256 02101/2006 02/01/2007 liP.MBINED SINGLE LIMIT 1,000.000
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SCHEDULED AUTOS (Per pei'8OII' S
~ HIRSO AUTOS
~ ~OILY INJURY S
== NON-OWNED AUTOS Per adenr,
1= ~:~tYAMAGE $
GMAQE LWlIUTY AUTO ONLY. EAACC1DENT S
:{ 'ANY AUTO OTHER THAN EA ACC S
AUTO ONLY: AM "
I!JlCf!S8IlIM8ILLA UUIILITl' I!ACH OCCURRENCE $
t:J OCCUR 0 CLAIMS MADE AGGREGATE $
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~ CetlUCTIBlE S
RETENT10N S S
..mr"&'*'~TtOHAND 1 TOiW'LIMlrS r '~Fl'"
ANY PROFRIETORlPARTNERIElCEClJTlve E.\.. EACH ACCIDENT S
OFFICEA/MEM1IER EXCLUDED?
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E.L DISEASE. POLICY I.IUIT . S
OTHER
AOQITIONAL INSURED
CERTIFICATE HOl.OER
2003 CHEVY 0887 1999 CHEVY 3807
CeRTIFlCATE HOlJ)ER
COVERAGES
COLLIER COUNTY GOVERNMENT
3301 E TAMIAMI TRAIL
NAPLES,FL 34112
CANCEllATION
SHOULO ANV OF TIE ABOVE DESCRIBED POLICES BE CANCELLED BEFOAI! THS I!llJIIRATlDH
DATe THEREOF, '1''' ISSUIHG lHSUlUiRWlLL E.l'CEAYORTO _L ~ DAYS WRITfl!Il
NOTICl: TO nE CERTlFICA'TE HOLDeR NAMia TO l1E LEFT.lIlIT FAILURE TO 00 SO SHALL
lMPOSii NO OBLIGATION OR LIABILITY OF ANV KINO UPON T/'lI! INSURER. ITS AGENTS OR
REPRESENTATNE
AUTIfOItIZlID
@ ACORD CORPORATION 1988
ACORl) 25 (2001/08)
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.
BOARD OF COUNTY COJvf1v1ISSIONERS
COLLIER COUNTY, FLORIDA
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Chairman
By:
Da e~:
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s ionatOr" Mlw
Southwest Florida Wetlands TV
Contractor'l
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By:
First Witness
J::>~>f'Y'.O".k.. D\,I~
tType/print witness namet
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Second Witness
David L. John, Authorized Agent
Typed signature and title
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tType/print witness namet
Approyed as to form and
legal sufficiency:
C~~aJAUZ-
Assistant Co ty Attorney
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Item # r-..;
Agenda /110/ oCl
Date
Date F/t 10&
Rec'd
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