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Backup Documents 01/08/2019 Item #16A 2 (Vendor #1 - Corkscrew Mitigation) RIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Co ey Office no later than Monday preceding the Board meeting. �� (]`\� **NEW** ROUTING SLIP ��'=,u� u Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is a eady complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forij ,4Wo(lle of 84ttorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management Ris 1 iagerrlent 2. County Attorney Office County Attorney Office ` 4. BCC Office Board of County 07/19- �Sb Commissioners \r</e/ 4. Minutes and Records Clerk of Court's Office 1 ic? 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHASING Contact Information 239-252-8950 Contact/ Department Agenda Date Item was January 8,2019 Agenda Item Number 16.A.2. Approved by the BCC Type of Document CONTRACT Number of Original 2 Attached Documents Attached PO number or account N/A 18-7460 Vendor#1 number if document is Corkscrew Corkscrew to be recorded Mitigations, LLC Mitigations, LLC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable c ,whic er is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signs e STAMP OK N/A 2. Does the document need to be sent to another agency for a ditional signatur ? If yes, N/A provide the Contact Information(Name;Agency;Address; one)on ached sheet. 3. Original document has been signed/initialed for legal sufficiency. jA 1 documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/08/2019 and all changes made during • the meeting have been incorporated in the attached document. The County ►o Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the/4 .s s o o :'' Chairman's signature. 1 6 A 2 MEMORANDUM Date: January 22, 2019 To: Ana Reynoso, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Contract #18-7460 — Vendor #1 "Mitigation Credits" Contractor: Corkscrew Mitigations, LLC Attached for your records is an original of the referenced document above, (Item #16A2) adopted by the Board of County Commissioners on Tuesday, January 8, 2019. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 16A2 FIXED FEE PROFESSIONAL SERVICE AGREEMENT # 18-7460 for Mitigation Credits THIS AGREEMENT, made and entered into on this u*\ day of ,\AYNUnr� 20 ', by and between Corkscrew Mitigation, LLC authorized o do business in the State of Florida, whose business address is 10097 Cleary Blvd, #303, Plantation, FL 33324 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be for a three (3 ) year period, commencing n upon the date of Board approval I I on and terminating three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. 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 two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a • Purchase Order I 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Rq ' sal (RFP) n Invitation to Bid (ITB) I Other ( ) # 18-7460 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. i The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Pagelofl5 )`// Fixed Price Professional Service Agreement#2017-001 (Ver.l) *'Q 16A2 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ _ .. . - - •• =e ' -_ : • .. _e e.- a ems ... . _ . .•_ •= - .. .. . .. •. • - . :_:• -. •= •: e• _ _ . ••_ _ • a e .. price contract is authorized. Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. n Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 15 4 Fixed Price Professional Service Agreement#2017-00I(Ver.2) 16x2 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 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 the Agreement. 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.,-4 .. . - = - ae -:•••e_ __ e : ••_ _ e: _ ee e - 11 —me e _e-• - et•-t. -•- - -•- :•..._ -te .: -=- 'e• .•- a. Stats. Mileage $0.44.5 per mile Breakfast $6:-00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or Rental-car Actual rental cost limited to compact or s Lodging Actual cost of lodging at single . . . - - • . e •e ••1? than $150.00 per night Parking Taxi or Airport Limousine Actual cost of either taxi or airport ii1110-U-SiT1 e - •..._ __ . .._ . .= • • - - - * a -=- -.- .: •..• c. . . . a . •..: -....- ... .. . . _ . _ .- -•, .- ... . .. .•e ... e:_ . .. ... . Contractor shall b : e- - - •- - e=•-=- • - =. • activities and-solisitatio €,naent: 5. 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 15 Fixed Price Professional Service Agreement 112017-001 (Ver.l) 1 6 A 2 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Corkscrew Mitigation, LLC Address: 10097 Cleary Blvd, #303 Plantation, FL 33324 Authorized Agent: David L. John Attention Name & Title: President and CEO Telephone: (954) 642-2427 E-Mail(s): mtedrick@corkscrewmitigation.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Jay Ahmad, P.E. Division Name: Transportation Engineering Address: 2885 S. Horseshoe Drive Naples, Florida 34104 Administrative Agent/PM: Marlene Messam, Principal Project Manager Telephone: 239-252-5773 E-Mail(s): Marlene.Messam@colliercountyfl.gov 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. 7. 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. 8. 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. The County will not be obligated to pay for any permits obtained by Subcontractors. 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. Page 4 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) 16A2 9. 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 Agreement 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. 10. 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 the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. U Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate 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 Lea' bill*: Coverage shall have minimum limits of $ Per Occurrence;-Combined Single Limit-for fly-Injury--Liability and Property Damage_Liability. This shall-include:Owned Vehicles,Hired-and-Non- Owned Vehicles and Employee Non-Ownership. C. 11 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 5of15 Fixed Price Professional Service Agreement#2017-001(Ver 2) OVA 1 6 A 2 The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. ❑ Professional Liability: Shall be--maintained by the Contractor to ensure its legal liability for claims arising out of the-performance of professional services-under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. E ❑ Cyber Liability: Coverage-shall-have rninirnur limits of$ Per occurrence. F. ❑ Technology Errors and Omissions: Coverage shall have minimum limits of $ per occurrence. G. [1 Watercraft: Coverage shall have minimum limits of $ per occurrence. H. ❑ United States Longshoreman's and Harborworker's Act Coverage shall be maintained where applicable to the completion of the work $ per occurrence. I. 11 Maritime Coverage (Jones Act): Coverage shall have minimum limits of $ per occurrence. L. E (other): Coverage shall have minimum limits of$ per occurrence. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 6 of 1.5 Fixed Price Professional Service Agreement#2017-001(Ver.2) 1 6 A 2 Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, 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. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Transportation Engineering & Construction Management 15. 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. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0■ Exhibit A Scope of Services, Exhibit B Fee Schedule, n RFP/❑� ITB/n Other #18-7460 , including Exhibits, Attachments and Addenda/Addendum, n ci ihceni cont ni Intec Nnr1 n Other Gxhihit/AttPhmcnt: Page7of15 Fixed Price Professional Service Agreement 112017-001(Ver.2) 1 16A2 17. APPLICABILITY. Sections corresponding to any checked box (M) will expressly apply to the terms of this Agreement. 18. 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. 19. 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, as amended, 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 Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. Page 8 of 15 1" Fixed Price Professional Service Agreement#2017-001 (Ver.2) 16A2 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. 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. 23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 24. 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 Page 9 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) 1 6 A 2 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 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. 25. VENUE. 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. 26. E - - _ . , ,. . •_ _ e• - - - '- -- -,••_ : .. ••_ •., .••7• , ,_ _ :, , this_ e-knowledgeable-in their areas of expertise. The County reserves the right to perf- •• '• :_ - •- _ ••- ee deemed—nec -,••e: :• e: -e•- •- -! •• .- e ••,• -: e •- A e reement. The Contractor s• e _ _ m'_ . •_•e - - - •- - • • _e•ae : - - --- e• - and--each--person assigned shall be-available-for-an amount of ti et the required-service dates. The Contractor shall not change Key Per , a •aa _,•, !• - - - ••- - ,,,-=! to - --•a= • - •' - -- !- _ • - •: -- aa i AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 27. i ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. I 11 " - . - - - • _ . _ - • • •- : :nt of any conflict between Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Page 10 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) 16A2 imposing the more strict or costly obligation-undue Contract Dosu Contra- e - - e- • '- -- = .e•. 28. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. (Intentionally left blank-signature page to follow) Page 11 of 15 �. Fixed Price Professional Service Agreement#2017-001(Ver.2) 16A2 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. Attest: BOARD OF C• • TY COMMIS •NERS CRYSTAL K. KINZEL, CLERK COLLIER Cc NT , FLORI., . e��',-�-Y�l�'L By: G , Chairman Dated: (b1�J 1 (SEAL) - ^s- as to Chairman's F;4 l'.L r only Contractor's Y�Witness$: Corkscrew Mitigation, LLC r= ' Contractor /1 4 / / S`'\'' s-V-°-\--\---- -1--...., a_ By: t.Contractor's First witness Signature "bck\na J-t11. .,,,kc not- C2-0 \\-k_, 1.L.1-7 7e.Ac,( Lk. TType/print signature and titleT TType/print witness name Lt o tractor's Second Witness C Jirr 1-e.dry TType/print witness name Ap proved -. to 1-• nd Legality: ! , o my Attorney r �t <_ Print Name item# f 6/1-g-- Agennda 1 3. `° Date Ruc DDate,d t I l 81 Deputy Cie- Page 12 of 15 ..d. "if/ Fixed Price Professional Service Agreement#2017-001 (Ver 2) ctli 0 16A2 Exhibit A Scope of Services a following this page (pages 1 through 1 ) ❑ this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) / I 6 A 2 18-7460-MITIGATION CREDITS SCOPE OF SERVICES Due to the number of County Projects that require the use of mitigation credits due to permitting requirements (i.e., South Florida Water Management District (SFWMD), Army Corps of Engineers and Florida Department of Environmental Protection(FDEP), it is deemed to be in the best interest of the County to have Contractors on contract who can provide mitigation credits in a timely manner. Services to be provided shall include the following: • Herbaceous Freshwater credits • Herbaceous Saltwater credits • Forested credits • Forested Freshwater credits • Forested Saltwater credits • Saltwater credits • Panther Habitat Units • Other Endangered Species credits The Contractor must have expertise,experience and a track record in providing mitigation bank credits. The Contractor shall be responsible for knowledge of, and compliance with, all relevant local, state and federal codes and regulations, including compliance with any SFWMD,Army Corps of Engineers, or FDEP permit requirements. The Contractor must possess the proper qualifications and resources necessary to meet their mitigation obligations for a particular project. The Contractor must have credits available immediately upon award of a project in order to satisfy permitting requirements unless otherwise approved in writing by the County Project Manager or their designee. The County reserves the right to order such services from selected Contractors as may be required but does not guarantee any minimum or maximum services to be ordered during a specified period from any given Contractor. i nn 'Wage 16A2 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 14 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) lll(\\\BJ\ 16A2 18-7460-MITIGATION CREDITS Description Qty Unit Corkscrew Mitigation LLC 1 Herbaceous 1 Credit $105,000(*WRAP) Freshwater Secondary la Herbaceous $105,000 Freshwater(UMAM) Secondary 2 Herbaceous 1 Credit N/A Saltwater 3 Forested 1 Credit N/A 4 Forested Freshwater 1 Credit $105,000 (*WRAP) Primary 4a Forested Freshwater $105,000 (UMAM) Secondary 5 Forested Saltwater 1 Credit N/A 6 Saltwater 1 Credit N/A 7 Endangered Species- 1 Credit N/A Panther 8 Endangered Species- 1 Credit N/A Scrub Jay 9 Endangered Species- 1 Credit N/A Wood Stork 10 Miscellaneous- 1 Credit N/A Panther,Woodstork, and Bonneted Bat *Per Single Uniformed Wetland Assessment Method (UMAM)or Wetland Rapid Assessment Procedure (WRAP)wetland credit. 1 I ,g amu... 16A2 Other Exhibit/Attachment Description: E following this page (pages through _) E this exhibit is not applicable Page 15 of 15 Fixed Price Professional Service Agreement 42017-001(Ver.2) ,.—., ® 1 6 A2 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ki......-;---- 11/19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT _NAME;,___ Bateman Gordon and Sands PHONE FAX - 3050 North Federal Hwy -LA/c.ds.Ext1:954-941-0900 _IA(c,No1:954-941-2006 Lighthouse Point FL 33064 .ADDRESS: hwhittingham§bgsagency.com INSURER[S1 AFFORDING COVERAGE I4AIC# INSURER A:Western World Insurance Company 13196 INSURED SOUFL38 INSURER B:Evanston Insurance Company 35378 Southwest Florida Wetlands.JV Corkscrew Mitigation LLC INSURER C: 10097 Cleary Blvd#303 INSURER D: Plantation FL 33324 — —._— INSURER E INSURER F: , COVERAGES CERTIFICATE NUMBER: 1694511506 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' ADDL SUER POLICY EFF POLICY EXP .- -- LTR. TYPE OF INSURANCE INSR,1/1/V13 POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) UNITS A GENERAL LIABILITY Y Y NPP8520563 4/29/2018 4/29/2019 EACH OCCURRENCE $1,000,000 �( ' DAMAGE TO RENTED _COMMERCIAL GENERAL LIABILITY 1PREMISES[Es occurrences $50000 CLAIMS-MADE ; X OCCUR MED EXP(My one person) i$1,000 X Dad:81,000 BI/PD PERSONAL&ADV INJURY 5 1,000 000 GENERAL AGGREGATE $2,00,000 —i t GEN'L AGGREGATE LIMIT APPLIES PER' ' ! PRODUCTS-COMP/OP AG0 G $1,0 ,00 �_ X POLICY , PEO LOC $ AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT -IEa accident) ,A ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED ',, I BODILY INJURY(Per accident)'$ AUTOS _. ,AUTOS NON-OWNED PROPERTY DAMAGE i HIRED AUTOS AUTOS $ [Per accident) B I UMBRELLA LIAB It X ' I MKLV2EUL102454 4129/2018 4129/2019 I OCCUR EACH OCCURRENCE $3,000,00 EXCESS LIAR CLAIMS-MADE i AGGREGATE $3,00,00 i EMPLOYERS'WORKERS COMPENSATION OM RETENTION $ DED X LA i I __i ORYTATU- I 10TH- AND LIABILITY ! .. Lh1R'S _ ' ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N EL EACH ACCIDENT OFFICER/MEM.BER EXCLUDED? IN I - (Mandatory in NH) ( E L DISEASE EA EMPLOYEE$ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Reference: Corkscrew Mitigation LLC,Contract#18-7460"Mitigation Credits" • Certificate Holder is additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 f 44 LQ-Y, /UCiuo.'— ©1988-2010 ACORD CORPORATION. All rights reserve. '1 ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ✓' ACCM L7 CERTIFICATE OF LIABILITY INSURANCE A DATE(MM/DD/YYYY) 01/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE(NC,No,Ext): (800)277-1620 X 4800 FAX(NC,No): (727)797-0704 FrankCrum Insurance Agency,Inc. E-MAIL ADDRESS: 100 South Missouri Avenue INSURER(S)AFFORDING COVERAGE NAIC# Clearwater,FL 33756 INSURER A: Frank Winston Crum Insurance Company 11600 INSURED INSURER B: INSURER C: FrankCrum UC/F The Wetlandsbank Company,LLC INSURER D: 100 South Missouri Avenue INSURER E: Clearwater,FL 33756 INSURER F: COVERAGES CERTIFICATE NUMBER: 556505 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP UNITS LTR INSRD WNVD W INDOM/TT) (MMIDD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED J CLAIMS-MADE OCCUR PREMISES(Ea occurrence) _ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE UNIT APPLIES PER: GENERAL AGGREGATE $ 'POLICY I J PROJECT J LOC PRODUCTS-COMP/OP AGG $ OTHER: S AUTOMOBILE UABLLnY COMBINED SINGLE UMIT (Ea accident) $ , ANY AUTO BODILY INJURY(Per person) $ OWNED AUTOS SCHEDULED _ONLY AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ -ONLY -AUTOS ONLY (Per accident) UMBRELLA UAB OCCUR EACH OCURRENCE _ $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION AND WC201900000 01/01/2019 01/01/2020 X PER STATUTE OTH- ERA EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LMR $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Effective 12/26/2016,coverage is for 100%of the employees of FrankCrum leased to The Wetlandsbank Company,LLC(Client)for whom the client is reporting hours to FrankCrum.Coverage is not extended to statutory employees. Re: CMLLC Corkscrew Regional Mitigation Bank,Contract 18-7460 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County CommissionersAUTHORIZED REPRESENTATIVE 3295 Tamiami Trail East Naples,FL 34112 ®1988-2016 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD