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Agenda 12/13/2011 Item #13A111 ' 12/13/2011 Item 13.A.1. EXECUTIVE SUMMARY Recommendation to approve utilizing $202,800 from Immokalee Development Fund 497 to purchase 3.38 wetland credits from Southwest Florida Wetlands JV (dba Panther Island Mitigation Bank) required for the next phase of development at the Immokalee Regional Airport, and associated Budget Amendments. That the Board of County Commissioners (BCC) approves using $202,800 from Immokalee Infrastructure Fund 497 to purchase wetland credits required for the next phase of development at the Immokalee Regional Airport, and associated Budget Amendment. CONSIDERATIONS: On March 23, 2010, Agenda Item 16G4, the Board of County Commissioners authorized Budget Amendments to fund the environmental permitting for Phase ii development at the Immokalee Regional Airport, which included modifying South Florida Water Management District ( SFWMD) Environmental Resource Permit (ERP) Number 11- 009995. SFWMD issued ERP Number 11- 00999S Modification on August 8, 2011. This modification requires that the Airport Authority purchase 3.38 off -site wetiand mitigation credits to offset environmental impacts of Phase II development at the Immokalee Airport. Based on staffs report, accepted by the BCC on November 8, 2011, Agenda Item 10D, SWFMD will not accept a letter of reservation for wetland credits from Pepper Ranch because the property is not yet an approved Mitigation Bank. Collier County has a contract with Southwest Florida Wetlands JV (dba Panther island Mitigation Bank) for mitigation credits. Per Collier County Contract No. 10 -5408, "Annual Contract for Mitigation Credits," with Panther Island Mitigation Bank, mitigation credits cost $60,000 per wetland credit. The total cost for the 3.38 wetland credits is $202,800 (3.38 x $60,000). The Panther Island Mitigation Bank has agreed to a payment schedule consisting of three payments of $67,600 each ($67,600 x 3 = $202,800). The first payment is due immediately. The next payments will be invoiced every six months. Funding for this mitigation is available in the Immokalee Development Fund 497 FISCAL IMPACT: A Budget Amendment is needed to allocate $202,800 in Immokalee Development Fund 497 to mitigation required for Phase II development at the Immokalee Regional Airport. LEGAL CONSIDERATIONS: This Executive Summary has been reviewed by the County Attorney's Office, and is legally sufficient for Board action. A majority vote is required for approval. - STW GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves using $202,800 from Immokalee Development Fund 497 to purchase wetland credits required for the next phase of development at the Immokalee Regional Airport, and associated Budget Amendments. Prepared by Chris Curry, Executive Director, Airport Authority Packet Page -914- COLLIER COUNTY Board of County Commissioners Item Number: 13.A.1. 12/13/2011 Item 13.A.1. Item Summary: Recommendation to approve utilizing $202,800 from Immokalee Development Fund 497 to purchase 3.38 wetland credits from Southwest Florida Wetlands JV (dba Panther Island Mitigation Bank) required for the next phase of development at the Immokalee Regional Airport, and associated Budget Amendments. Meeting Date: 12/13/2011 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 11/23/20114:29:44 PM Submitted by Title: Executive Director - Airport Authority,Airport Authority Name: CurryChris 11/23/20114:29:46 PM Approved By Name: CurryChris Title: Executive Director - Airport Authority,Airport Authority Date: 11/28/20119:01:55 AM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 11/30/2011 1:46:45 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/1/20119:49:44 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 12/1/20115:09:26 PM Packet Page -915- Name: OchsLeo Title: County Manager Date: 12/2/2011 11:34:15 AM Packet Page -916- 12/13/2011 Item 13.A.1. n 12/13/2011 Item 13.A.1. AGREEMENT 10 -5408 Annual Contract for Miti gation 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 ": WITNESSETH:. 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 ". Pagel of 8 Packet Page -917- 12/13/2011 Item 13.A.1. 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 2 of 8 Packet Page -918- 12/13/2011 Item 13.A.1. 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 of 8 Packet Page -919- 12/13/2011 Item 13.A.1. 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 n 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 of 8 Packet Page -920- 12/13/2011 Item 13.A.1. 16. SUBTECT 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, 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. 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 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein �O 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 and /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 of 8 j Packet Page -921- 12/13/2011 Item 13.A.1. 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 of 8 Packet Page -922- 12/13/2011 Item 13.A.1. 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: �9 • Qy , Dwight E:' �ck;;6oats By. of Y •f f }l• 1 10, a First Witness Te c1r, TType /print witness nameT -4 % Second Witness "-2P,/_mL:&4 TType /print witness nameT Approved as to form and legal sufficiency: Scott R. Teach Deputy County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: co_�k 4 Fred W. Coyle, Chairman Southwest Florida Wetlands JV d /b /a Panther Island Mitigation Bank Contractor Stephen M. Collins, Chief Executive Officer Typed signature and title Pa, Packet Page -923- Price per mitigation credit: Herbaceous Freshwater Herbaceous Saltwater Forested Forested Freshwater Forested.Saltwater Saltwater Endangered Species Miscellaneous Exhibit A Pricing $ n a per credit $ n a per credit $ n a per credit $ 60,000 per credit $ --n La per credit $ n a per credit $ n a per credit $ n a per credit Paae R of R Packet Page -924- 12/13/2011 Item 13.A.1. I— 12/13/2011 Item 13.A.1. ACORD,w CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDWYYM 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 P.O. Box 1270 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pompano Beach, FL 33061 INSURERS AFFORDING COVERAGE INSURED NAIL # Southwest Florida Wetlands, JV INSURER A: Westerworld 6466 NW 5th Way INSURER B: Essex Insurance Fort Lauderdale, FL 33309 INSURER C: INSURER D: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING' MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY M IRATK)N A X GENERAL LIABILITY Npp126849 LIMITS 04/29/10 04129/11 EACH X COMMERCIAL GENERAL LIABILITY OCCURRENCE $1 000 000 CLAIMS MADE FX-1 OCCUR DAMAGE TO RENTED $50000 X BI/PD Ded:11000 MED EXP (Any one person) $1000 PERSONAL & ADV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2 000 000 POLICY PRA LOC PRODUCTS- COMP/OPAGG $1 000 000 AUTOMOBILE LUUBILITY ANY AUTO COMBINED SINGLE LIMIT (CEO $ ALL OWNED AUTOS _ SCHEDULED AUTOS BODILY. INJURY (Per person) $ HIRED AUTOS NON-CWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY. EA ACCIDENT $ OTHER THAN B EXCESS/UMBRELLA LIABILITY XGA176209 AUTO ONLY: AGG $ 04/29/10 X OCCUR � CLAIMS MADE 04/29/11 EACH OCCURRENCE $3000000 AGGREGATE $3 000 000 DEDUCTIBLE $ X RETENTION $ 0 $ WORKERS COMPENSATION AND $ EMPLOYERS' LIABILITY OR I IMIT OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE OFF iCER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ If yes, describe under - SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYEE $ OTHER E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS RE: Contract #10- 540811 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 CANCFt_I ATInKI Collier County Purchase Department 3301 Tamiami Trail East Naples, FL 34112 A•-UKU 15 (LUUT /U8) 1 of 2 #S307444/M307443 'LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10_ DAYS WRITTEN .E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL tE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED Packet Page -925- ELC O ACORD CORPORATION 1988 06/15/2010 03:07 9549632090 ALLSTATERCHORAK AC CERTIFICATE OF LIABILITY IN URAN PRODUCER THIS CERTIFIC/ Richard. B. Chorak, Allstate Agent ONLY AND CO Chorak Insurance Group, Inc. A61�.�THE col 4018 N. 46th Avenue, Hollywood, FL 33021 INJURY (P) 954 -903 -1901 (F) W-963 -2090 INSURERS AFFOf INSURED nURER Pe AIIState Southwest Florida Wetlands JV d/b /a Panther Island INSURER& Z 1NSURHt C: 6466 NW 5th WAY INSURER D. Ft Laud,FI 33309 IN COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSUREC ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEI PERTAIN, THE INSURANCE AFFORDED 13YTHE POLICIES DESCRIBED HEREIN I$ SL POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAAIMS L IRSRb TYPE OF INSURANCE POLICY NUMBER WITi AN GENERAL LIABILITY COMMERCIAL GENERAL UABIL17Y Q CLAIMS MADE or-CUR i GEWL AGGREGATE LIMIT APPLIE5 PER: POLICY MPROJWT LOC A X AUTOMOBLE LIABILITY 649 867 256 02 ANY AUTO ALL OWNED AUT08 ./ 80HEDULEDAUT08 HIRED AUTOS NON -OWNED AUr09 Certlfcate Holder Is —V Additional insured GARAGE LIABILITY ANY AUTO MMOSIUM BRELLA UAOILRY OCCUR L__! CLAIMS MADE DEDUCTIBLE RETENTION S WORKFOC EMPLOYERS' ffQ1UTr"ON AND ANY FiF CERIMEMSER EKCRIUDED�? ECUT1VE It yae describeLm1D SPECUtL PR0111310NS below OTHER 1999 Chev 2003 Chevy truck 12/13/2011 Item 13.A.1. EDare (raM/DOrYYYY}. 06/15/20`10 ISUED AS A 1�lATTER OF INFORMATION NO RIGHTS pON THE CERTIFICATE -ATE DOES OT AMEND, EXTEND OR COVERAGE I NAIC # no$ Company 02/01/2011 INDICATED. NOTWITHSTANDING ,ICATE MAY BE ISSUED OR MAY AND CONDITIONS OF SUCH LIMITS IURRENCE S rc -E mial,rAl S I ownnl1hTR - COMPIOP AGG 13 A COMqi so SINGLE LIMIT g 1.000,000 AUTO Ea ACC S TL AGG S INJURY cCURRENOE S r (For GATE S BODILN INJURY Z (For am S PROP TY oAMAGe a E.L. D EASL°. - POLCY UMITI S HOLDER SNOULD ANY OF THE A VE DESCRIBEO PO LIES BE CANCELLED BEFORE THE EXPIRATION COLLIER COUNTY, DATE TNERF.OF. THE ISS ING INSURER WILL DEAVOR TO MAIL 30 DAYS WRITTEN PURCHASING DEPARTMENT NOT1CCTO THE CERTIFI TjE 14oLDIIR NAM91 0 TO THE LEFT, BUT FAILURE TO DO So SHALL 3301 TAMIAMI TRAIL, IMPOSE NO ocutGATION OR LIA81UTY OF Ah Y KINP UPON THE INSURER ITS AGENTS OR EAST NAPLES,FL 34112 RErRESENTATIVES. 1 I Q ACORD CORPORATION 1988 -926- ACORD 25 (2001108) Packet Page /1UtC1 TILT- C/�MVVv� AUTO Ea ACC S TL AGG S EACH cCURRENOE S AGGR GATE S s S i T R LIMITS ER E.L CH ACCIDENT 3 EL 0 FA 9APLOTEE S E.L. D EASL°. - POLCY UMITI S HOLDER SNOULD ANY OF THE A VE DESCRIBEO PO LIES BE CANCELLED BEFORE THE EXPIRATION COLLIER COUNTY, DATE TNERF.OF. THE ISS ING INSURER WILL DEAVOR TO MAIL 30 DAYS WRITTEN PURCHASING DEPARTMENT NOT1CCTO THE CERTIFI TjE 14oLDIIR NAM91 0 TO THE LEFT, BUT FAILURE TO DO So SHALL 3301 TAMIAMI TRAIL, IMPOSE NO ocutGATION OR LIA81UTY OF Ah Y KINP UPON THE INSURER ITS AGENTS OR EAST NAPLES,FL 34112 RErRESENTATIVES. 1 I Q ACORD CORPORATION 1988 -926- ACORD 25 (2001108) Packet Page L 12/13/2011 Item 13.A.1. CERTIFICATE OF LIABILITY INSURANCE QATC 1 06/21/2010 PRODUCER Sefial # 171815 FRANKCRUM INSURANCE AGENCY. INC. 100 S. MISSOURI AVE. CLEARWATER FL 33756 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INAIC# INSURED • - FrankClum 1.800- 277 -1620 100 S MISSOURI AVENUE CLEARWATER FL 33758 1 ERA: FMNK WINSTON CRUM INSURANCE, INC. 11600 INSURER C PURCHASING DEPT WSURLRG S INSURER D. s INWRJRM THE POLICIES OF INSURANCE LISTED BELOW HAVE BEER ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWMTHSTANDINO ANY REgLRREMENT, TERN OR CONDITION OF ANY CONTRACT OF OTHER DOCUMBNT WITH RESPECT TO WHICH THIS CERTIFICATiI MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 16 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLABA3. RJaA ADOL TYPE OF MURARCE POLICY NUMBER LIMITS LTR pm! DAIS NMIDD ,OATS MID DATE THEREOF. THE WRING INSURER WILL EMOEAVOR TO MAIL So DAYS WRITRN NOTICE CEMERALLWB6ITY COLLIER COUNTY NO OBLIGATION OR LIABUTY OF ANY MIND UPON THE INSUREK TIM AGENTS OR PURCHASING DEPT ShCH DCOLrMCNCE S I ene 1te FIRE DAMAGE VA s CCMMOMM GENERAL LNBLJTY CLAIMS MADE OOCGUR MEDE 9AWrwn' flew I PERSONAL a ADv INJURY i - ORNERALAGOR90ATE S PROOMCTB. CO~ AOG i OEWL ABORMA79 UMITAPPLIBI PM - POLICY PROJECT MLOC - AUTOMOBILE LL40LITY DOMENED SINGLE OMIT i ANYAUTO (Ee+•I1 9001LY INJURY S ALL OWNED AUTOS SONSOULED AUTOS Pw PwD BODILYINJRY I 11114E1) AUTOS NON4NMED AUTOS per.rzwe,n) PROPEITY"WCE - S . - nrereaJOeep CARAGS NABRRY AUTO ONLY. EA ACCIDENT S OTHER THAN EA ACC S AHY AUTO AUTO ONLY: ADD A MCE001 UMSREILA UASIUTY OCCUR ❑MAMS Mwe; - EACH OCCURRENCE a AHGRSOATE s S a DEDUCTMA - $ RETENTION s A WORMERS COMPENSATION AND EMFLOY9lWLURR.ITY WCZ01000000 01/01/2010 01101/2011 X WO BTATU. TORYuMITB GTH� ANY PROPRIETOR I FARTNBIJ EAECUTNII - OPFICER / ME101M E)MUDED7 -. E L. EWHADMORNT $ 1.000 000 R rti draft Pnaef 6PECWL PRDYMIONS bole" EL DISEASE . EA EMPLOYEE S I,DOD OOO !L DISEASE. POLICY UMIT Is 1.000.000 OTMER OESORIFTION OF OPERATIOMS 1 LOCATRTNS / VEHICLES I =ION* ADDED BY ONDORSESDINT IWACIAL PROVEN" EFFECTIVE 0612712005, COVERAGE IS FOR 100% OF THE EMPLOYEES OF FRANKCRUM LEASED TO FLORIDA WETLAND8SANK, LLP (CLIENT) FOR WHOM THE CLIENT IS REPORTING HOURS TO FRANKCRUM. COVERAGE IS NOT EXTENDED TO STATUTORY EMPLOYEES.RE :SOUTHWEST FLORIDA WETLANDS JV d(bla PANTHER ISLAND MrTIGATION BANK 0,FRI IrRrA c65LUOR CANOE{.LAIION SHOULD ANY OF THE ABOVE 0E90RIAE0 POWER 99 CANCELLED BEFORE THE EKIWATION - - DATE THEREOF. THE WRING INSURER WILL EMOEAVOR TO MAIL So DAYS WRITRN NOTICE TO THE GERTIFlOATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SMALL IMPOSE COLLIER COUNTY NO OBLIGATION OR LIABUTY OF ANY MIND UPON THE INSUREK TIM AGENTS OR PURCHASING DEPT REPRE DMTnrEs. 3301 TAMIAMI TRAIL EAST AUTNORIZED REPRESENTATIVE NAPLES FL. 34112�� Z 0 0 / L 0010 wn,10 V040LB'LLZL xvi Z0 :60 ol.oz /1.ZI90 Packet Page -927- 12/13/2011 Item 13.A.1. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury 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 perform work under a written contract that requires you to obtain this agreement from us.) This agreement small 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 CONTRACT TO FURNISH THIS WAIVER (THIS ENDORSEMENT IS NOT APPLICABLE IN THE STATES OF CALIFORNIA, KENTUCKY,NEW JERSEY PENNSYLVANIA, TEXAS AND UTAH.) COLLIER COUNTY PURCHASING DEPT 3301 TAMIAMI TRAIL EAST NAPLES FL. 34112 RE: SOUTHWEST FLORIDA WETLANDS I JV dlbia PANTHER ISLAND MITIGATION BANK. This endorsement changes the policy to which it is attached and is effecliveon the date issued unless otherwise slated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 011012010 - 011012011 Policy No.=201000000 Endorsement No. NIA insured: FrankCrunt Premium $ NIA Insurance Company: FRANK WINSTON CRUM INSURANCE INC Countersigned by WC OQ 03 13 C 4 -t34) Copyright 1983 National Council on Compensation Insurance. 300 /30O Q mn.r0 r•OIOL61LZL XbJ 30 :60 01.0VI.V90 Packet Page -928- Pan-the'r 4';1 �Island M I T I ,G A Customer Board of County Commissioners Attn: Accounts Payable Building F 7th Floor 3301 E. Tamiami Trail Naples, FL 34112 12/13/2011 Item 13.A.1. 2005 Vista. Parkway Suite 100 West Palm Beach Morida 33411 Telephone 954.642.2427 888.301.1707 Fax 954.332.5952 INVOICE Date 9/27/2011 Purchase Order No: Aeference Description I AMOUNT TOTAL First 113 payment under Contract between Southwest Florida Wetlands JV and Collier County Government for the purchase 3.38 Freshwater Wetland Credits 000 per credit from the Panther Island Mitigation Bank for the lmmokalee Regional Airport Phase 2 $67,600.00 $67,600.00 Second 113 payment due in March 2012 and final 113 payment due in September 2012 i Please send the payment to our Corporate Office at the address (above. Thank you. $67,600.00 TOTAL DUE....... Panther Island Mitigation Bank appreciates your business Packet Page -929- n m N. 3 < (D 0) m r' O 0 O_ -P 0 H o Y Ln rr 3 _ 0J -h rY (D CJ � C Q 0 D r O rr N— _, a E c M a CL r+ -°" o rt N S r► fD N rr ? 3 M ? CL n (D O a O fD -D C1 G rt (D 7 � Q. W A � (rD =r O. -D _. (D N N M N � W (D V 00 _ W rM O Qq 0 7 W n 0 tn 0 vo O (D N r�r O O 7 v 0 CL r* 0) 7 n (D n O N O 0 9 s 0 N o N j 3 •G O1 (('D rt rD 0 0 3 c m 3 r« O �. d 0 (D v fD o r* rt 7 W v M _• 3. 0 O. O- h N < rr 0 7 Q. N K e=f � o O O 7 11 fD -n O � _ rn+• O !^ O rD �• O O_ N O 7 6 n' OCI 0 W m .A l0 V N O �t 01 N 04 o� 0 m I- 12/13/2011 (�D 3 rr a� 0 W v Item 13.A.1. C 0 Q C. ' r* N r-r — O n? 7 Q _K N K (DD O O O 7 (f O' y, O O O rnti fD O- O" (D Q r_r v w N O N S 3 Q. N O 7 V V , 00 N 00 O o0i O 0 + S r* N in 3 O 7 W (p a N F+ p n o CL O ao N' 3 0 rna n N N N X O O O O (nD W N n r_* (D (D �. 07 r•r O_ (D (� N rNr O_ v 3 O y 0' (D O O M v o n 3 c 3 �_ 3 o r~ 0 r+* ° (D r' a 0 0 -0 0 < C o r« aW, CD 0 K n O. O M O 0 O 0 3 TT N C N on r0•r S 3 < � � O O 0 -c 3 O' W (D a N n N rr ° n O_ - o C z N N n to c ? O n CL (("D rNr O_ [D d y y 0' d m m q (D v v o o.) 77 rL0 ,T --h 0 :3 + ° 0 g a4 3 C -c r« 3 fD 0 K 1+ O M O 0 O 0 W -a 3 W d 0 0 -c 3 n 3 'v r* o O r* (D 01 3 C !1 _ N =� S r7 o O rrt 3 0) 3 0 0 0 M oo N 3 N �* 04 A lu (D o (D M Q W 7 n 3 rD K N m (D (D v 0 o w< n = 0 '_' 0 o a w -< n to M (("D m 3 y a 0' d m m q ? 3 v CL ,T 0 3 v0i 0 a a4 rt �* ro 3 3 fD �°�' K 1+ v � d oo o °�,° c 3 3 3 0 =� °' r7 o 3 3 0 0 M oo O F m 00 �. 00 r0r - G j 41 1+ CL H - K 0 3= r �_ °• 5 o m -a rt� m m 3 M CL M =r W I eacket Par - 930 - (D a0• 12/13/2011 Item 13.A.1. Co ,er County Administrative Services Division Facilities Management October 17, 2011 Ricardo A. Valera, P.E., Regulatory Administrator Lower West Coast Service Center South Florida Water Management District 2301 McGregor Boulevard Fort Myers, FL 33901 RE: ERP Modification No. 11- 00999 -5 wetland mitigation credit requirements Dear Mr. Valera: On September 9, 2011, Collier County began the Mitigation Bank permit application process for the Pepper Ranch Preserve by submitting a Draft Project Prospectus to the Army Corps of Engineers (SAJ2011- 00434). Pepper Ranch Preserve is located in Immokalee, Florida, within the West Collier Drainage Basin, and is anticipated to generate approximately 72.72 wetland credits through Phase 1 of restoration activities. On August S, 2011, the South Florida Water Management District issued Environmental Resource Permit Modification No. 11- 00999 -5 to the Collier County Airport Authority for improvements to the Immokalee Regional Airport. Special Condition 22. of the permit modification states that "prior to commencement of construction..., the permittee shall submit documentation from Panther Island Mitigation Bank that 3.38 freshwater wetlands credits have been deducted from the ledger of Panther Island Mitigation Bank." In lieu of purchasing the wetland credits from Panther Island Mitigation Bank, would it be possible for the Collier County Airport Authority to reserve 3.38 wetland credits from the yet to be permitted Pepper Ranch Mitigation Bank in order to satisfy the mitigation requirements related to ERP Modification No. 11- 00999 -5? Thank you for your consideration of this matter. Melissa L. Hennig'` Principal Environmental. Specialist Collier County Environmental Services Department CC: Leo Ochs, Jr., County Manager Chris Curry, Executive Director, Collier County Airport Authority Laura Layman, Lower West Coast ERP- Natural Resource Management Section Leader Enclosure a Department of Facilities Management • 3301 Tamiami Trail East Building W • Naples, Florida 34112.239 -252 -8380 • Fax 239- 793 -3795 Packet Page -931- 12/13/2011 Item 13.A.1. 12/13/2011 Item 13.A.1. SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOWER WEST COAST REGIONAL SERVICE CENTER 2301 McGregor Boulevard, Fort Myers, F1.33901 (239) 338 -2929 - 800 -248 -1201 - Suncom 748 -2929 • Fax (119) 338 -2936 - www.sfwmd'.gt)v /lwc/ October 31, 2011 Melissa L. Hennig Principal Environmental Specialist Collier County Environmental Services Department 3335 Tamiami Trail East, Suite 101 Naples, FL 34112 Re: Immokalee Regional Airport ERP Permit No. 11- 00999 -S Dear Ms. Hennig: This letter is a response to your correspondence dated October 17, 2011 regarding potential mitigation options for the Immokalee Regional Airport Environmental Resource Permit modification (ERP Permit No. 11-00999 - S /Application No. 100924 -5). The permit currently requires the purchase of credits from Panther Island Mitigation Bank; however, if the Collier County Airport Authority wishes to pursue other mitigation options for this project, including the potential use of the Pepper Ranch site as a mitigation option, District staff is available to meet with you to discuss these issues in further detail. Feel free to contact Laura Layman or Dan Waters, P.E. of the Lower West Coast Service Center at (239) 338 -2929. Sincerely, Kicardo A. Valera, P.E., Administrator Lower West Coast Service Center c: Leo E. Ochs, Jr., County Manager Chris Curry, Executive Director, Collier County Airport Authority Nick Casalanguida, Growth Management Deputy Administrator DISTRICT HEADQUARTERS: 3301 Gun Club Road, RC). Box 24680, %Nest Palm Beach. 171-33 4164690 - (361) 686.88(X! - 800 -432 -2045 Packet Page -933-