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#11-5754 Assumption Agreement (Phase V of SW Florida, LLC, A Division of Answer Pro, Inc.) ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of (Y\a -cIA as , 2014 by and between Answer Pro, LLC ("Answer Pro") and Collier County, a political subdivision of the State of Florida ("County"). WHEREAS, on December 13, 2011 the Collier County Board of County Commissioners awarded contract #11-5754 for "Tourist Development Council Fulfillment Services" to Phase V of Southwest Florida, Inc. ("Phase V"), a copy of which is attached hereto as "Exhibit A", and hereinafter referred to as "Agreement"; and WHEREAS, on September 12, 2013 the County and Phase V agreed to extend the term of the contract until December 12, 2014; and WHEREAS, Answer Pro hereby represents to Collier County that by virtue of an Asset Purchase Agreement, Answer Pro is the successor in interest to Phase V in relation to the Agreement; and WHEREAS, the parties wish to formalize Answer Pro's assumption of rights and obligations under the Agreement effective as of the date first above written. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. Answer Pro accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement and any extensions thereto, including all existing and future obligations to pay and perform under the Agreement. 2. Answer Pro will promptly deliver to County evidence of insurance consistent with the Agreement. 3. Further supplements to, or modifications of, the Agreement shall be approved in writing by both parties. 4. Notice required under the Agreement to be sent to Contractor shall be directed to: CONTRACTOR: Phase V of SW Florida, LLC A Division of Answer Pro, LLC 12290 Treeline Ave. Fort Myers, FL 33913 Phone: 239-225-1002 Fax: 239-210-6088 Attention: George Otte, President 5. The County hereby consents to Answer Pro's assumption of the Agreement and any extensions thereto, in order to continue the services provided under contract #11-5754 by virtue of the merger and name change. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Answer Pro as the Contractor for all purposes under the Agreement. 1 IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER Cq UNTY, FLORIDA '.' CQ4141-05C-- ✓ / 'I By _✓ r , Deputy Clerk Tom Henning, Chairm.. Date: 3 11� Attest as to Chairman s signature only.` ANSWER PRO,LLC By: 14-4116-- Attest:' "Wet ,4 George Otte Mel(' A Ec e r Type/print name Type/print name J Approved as to form and legality: ssistant Co r, ty Att•rney 2 EXHIBIT "A" AGREEMENT #11-5754 for Tourist Development Council Fulfillment Services THIS AGREEMENT, made and entered into on this P)-4` day of lei- , 2011 by and between Phase V of Southwest Florida, Inc., authorized to do business in the State of Florida, whose business address is 12290 Treeline Avenue, Fort Myers, Florida 33913, 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. The contract shall be for a two (2) year period, commencing on the date of approval by the Board of County Commissioners, and terminating twenty four (24) months thereafter. 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 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 fulfillment services in accordance with the terms and conditions of Bid #11-5754 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. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement based on the prices set forth in the Contractor's proposal and in accordance with Exhibit A, attached herein and incorporated by reference. Payment will be made upon receipt of a proper invoice and upon approval by the Tourism Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 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 Page 1 of 10 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. 3.2 Travel and Reimbursable Expenses shall be estimated and approved in advance in writing by the County. Travel expenses shall be reimbursed at actual cost in accordance with Collier County Resolution # 2006-40 Travel Expenses for Persons Conducting Official Tourism Business and Section 125.0104 Fla. Stats. Contractor's travel time will be included in the monthly service fee. Reimbursable items other than travel expenses shall include telephone long-distance charges, fax charges,photocopying charges, shipping and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to 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: Phase V of Southwest Florida, Inc. 12290 Treeline Avenue Fort Myers,Florida 33913 Attention: Michael R. DeMas, President Telephone: 239-225-1000 Facsimile: 239-225-1009 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 3327 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. Page 2 of 10 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. 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. 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. Page 3of10 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 sub-Contractors 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 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 Tourism 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, Exhibit A, Insurance Certificate, Bid #11-5754 Specifications/Scope of Services and Addenda. 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. 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 Page 4 of 10 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 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 in compliance with the Purchasing Policy. 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 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. Page 5 of 10 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. 23. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB and/or the Contractor's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the ITB and the Contractor's Proposal, the language in the ITB would take precedence. • • Page 6 of 10 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. r V ,_;�_,�4 BOARD OF COUNTY COMMISSIONERS ATTES _ ^'APt 0 ;; _ COLLIER COUNTY,FLORIDA Dt gktt- Brock, elei`l pf Courts +p{ - 1." Date a ~ Fred W. Coyle, Chairman EAL .25 41"it ' ,:vriff.. > Phase V of Southwest Florida, Inc., Contractor i14Lii By: '/`_ - F. .t Witness Signature 4'I Zi,L// z L 7 E'//1A fit/i5 54" Ah\ `-p ki' C-s.L: N`S TType/print witness namet Typed signature and title Second Witness r)-cr Ios1 wrcL__ TType/print witness nameT Approved as to form and legal sufficiency: ii . Assistant County Attorney Co!1 een m .o eeoJ-- Print Name Page 7 of 10 Exhibit A Agreement#11-5754 Tourist Development Council Fulfillment Services Scope of Services and Costs The Collier County Tourism Department,on behalf of the Naples,Marco Island,Everglades Convention and Visitors Bureau (CVB),is the official tourism marketing and management organization for Collier County,Florida.The CVB is the marketing arm of the Tourism Department within Collier County government. The scope of work for the Contractor will be to provide an effective tourist fulfillment and storage program that may include but not be limited to the following: 1. All necessary labor,materials,supplies, and equipment to store,retrieve, deliver and respond to a variety of telephone,email or web based inquiries from interested individuals. 2. Provide rates inclusive of all services as outlined on the Vendor Bid Schedule. 3. Provide monthly invoices outlining the services provided,including,but not limited to: a. Service description b. Quantity of each service • c. Unit price of each service d. Extended price of each service e. Total 4. Provide a storage area that has adequate security measures in place to guarantee the safekeeping of all County documents from break-ins,floods,fire and any other natural or unnatural disasters. 5. Provide business service hours between the hours of 8:00 a.m. to 5:00 p.m.,Monday through Friday, excluding County recognized holidays. 6. Provide service to interested individuals within 72 business hours from the initial contact. 7. Provide a monthly summary report of all activities provided in the completion of this contract to the County's project manager; an annual summary report should be provide to the County's Purchasing Department at the time of contract renewal. A. Service cost Item Quantity Unit Description Unit Price Total 1 1 1 Initial set-up fee to set-up telephone $0.00 $0.00 scripts 2 1 1 Per call processing charge per 0.95 0.95 minute 3 1 1 Monthly charge for phone lines-per 3.00 3.00 line (usage billed at cost) 4 1 1 Data entry charge for inquiries from 0.30 0.30 other sources (cost per name record, including all information) - electronic >50 records 5 1 1 Mailing assembly cost- self-mailer 0.14 0.14 6 1 1 Postage and shipping for 12 ounce 0.79 0.79 package 7 1 1 Hourly rate for special package 50.00 50.00 (vendor agrees to charge by quarter hour for services) Page 8 of 10 8 1 1 Per pallet month charge for 20.00 20.00 inventory 9 1 1 Additional per service costs, 136.73 136.73 including: a) Live Chat—monthly base fee ($50.00) b) Per minute processing charge for live chat($0.95) c) Hourly rate for programming ($85.00) d) Data entry —manual and files <50 records ($0.60) e) Mailing assembly-first insertion($0.16) f) Mailing assembly-additional insertions ($0.02) Notes: All quantities identified in item 9, item b through f are shown as a 1, as no forecasts for the volumes are identified. B. Additional services proposed for the CVB: Item i Quantity Unit Description Unit Price Total 10 ' 1 1 Disaster Continuity —Monthly base $100.00 $100.00 fee 11 1 1 Special Project-e-blasts upon 50.00 request Set-up fee per hour 12 Special Project- e-blasts upon 0.02 request per record cost less than 10,000 13 Special Project- e-blasts upon 0.008 request per record cost more than 10,000 14* 1 1 Printing —per page —Black and 0.05 _ white 15* Printing-per page —4 color 0.14 *Note: This is personalized or non-personalized printing when volumes are low enough to be less costly when not sent to an outside printer for special projects, such as stationery. C. Additional price comments: 1. The estimated quantities on the pricing schedule are monthly volumes from Addendum #2 — Fulfillment History,except for the quantity of phone lines. This quantity is actual as presently provided for the CVB. 2. The cost per call for the call processing charge on the pricing schedule is on a per minute basis, since the estimate of telemarketing calls in Addendum #2 is actually minutes. Page 9 of 10 3. The monthly charge for phone lines on the pricing schedule is the base fee cost for them. Usage is billed at cost as billed by our long distance carrier. 4. The data entry charge on the pricing schedule is for electronic data entry (entry of files of 50 or greater records). The cost for manual data entry (less than 50 records per file and text copy) is$0.60 per entry (above). 5. The mailing assembly cost of $.14 on the pricing schedule is for self-mailer mail pieces. The cost for first insertions into envelopes or boxes and the cost for additional insertions are$0.16 and$0.02,respectively(above). 6. The estimated postage cost for a twelve ounce package in #6 on the pricing schedule is an average for domestic US automated presort standard mail. The weight of a self-mailer visitor guide is 5.6 ounces. Costs for a 12 ounce package under other types of mail are: • $2.4325 Automated presort first class • $3.08 First Class • $3.75 ISAL to Canada • $4.25 ISAL to the United Kingdom. All postage and shipping charges and supplies are billed at cost with vendor invoices as documentation. 7. Phase V's hourly rates for special projects,programming and e-blast set up are to the nearest one tenth of an hour,including the first hour. • • Page 10 of 10 CERTIFICATE OF INSURANCE 47 This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY,Bloomington,Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ...... ❑ STATE FARM FIRE AND CASUALTY COMPANY,Aurora, Ontario . ❑ STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas,Texas insures the following policyholder for the coverages indicated below: Policyholder PHASE V OF SOUTHWEST FI,ORTDA INC I Address of policyholder 12290 TREELZNE AVE FORT MYERS FL 33913-8513 Location of operations SAME Description of operations VARIOUS The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies Is subjed to all the terms,exclusions,and conditions of those policies.The limits of liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS OF UABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date; Expiration Date (at beginning of policy period) Comprehensive BODILY INJURY AND Business Liability PROPERTY DAMAGE This insurance includes: ® Products-Completed Operations ❑Contractual Liability Each Occurrence $ ❑ Personal Injury ❑Advertising injury General Aggregate $ 0 ❑ Products-Completed $ ❑ Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date ; Expiration Date (Combined Single Limit) ❑Umbrella Each Occurrence $ ❑Other Aggregate $ POLICY PERIOD Part I-Workers Compensation - Statutory Effective Date ; Expiration Date 98-BH-L258-8 F Workers'Compensation 09/10/11 09/10/12 Part II-Employers Liability 98-BH-E450-7 F and Employers Liability 09/10/10 09/10/11 Each Accident $ 500,000 Disease-Each Employee $ 500,000 Disease-Policy Limit $ 500,000 POLICY PERIOD UMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date . Expiration Date (at beginning of policy period) { . • THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder If any of the described policies are canceled before Additional insured and Certificate Holder: their expiration date,State Farm will try to mail a Collier County written notice to the certificate holder days before Board of County Commissioners cancellation. If however,we fall to mail such notice, 3301 Tamiami Trail East no obliga = • liability will •:imposed on State Farm Naples, FL 34112 or its a<• %r •re - di•nure of Authoriz-:0 epresentati Mike Arcentales 11/08/11 Title Date CSR Agent Name Telephone Number 239-332-4999 Agent's Code Stamp Agent Code 59-6415 AFO Code F596 556-994 a.6 Printed In U.SA Rev.05-09-2006 i..""'1 PHASE-1 OP ID:IZ '4�°—R° CERTIFICATE OF LIABILITY INSURANCE °ATE(MM/ODIYYYY) 07/07!11 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 239-333-1780 NCAAME:- Mike Oemas _ Nash Insurance&Associates 2 239689 Tfi PHONE i PAX -- B1101 College Pkwy Suite 1 Z39-689-7658 1 No•E,I)Z39-225-1000 IAIC,No): _ _ Ft Wens,FL 33919 ' E &AIL ADDRESS: _- Brad Nash •- INSURER(S)AFFORDING COVERAGE NAIL■ • _ _ _ INSURER A:Scottsdale _ _ INSURED Phase V of Southwest FL, Inc. INSURER B: Intercept of Florida.Inc INSURER c: Mike Domes - — 12290 Treeline Ave INSURERD: ._ Fort Myers, FL 33913 INSURER E: •---INSURER F• COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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. SRTl7 RN TYPE OF INSURANCE POLICY NUMBER ER].tit m•31 UNITS INELLIUEACH OCCURRENCE S 1,000.00 COMMERCIAL GENERAL LIABILm X CPS1405728 07108/11 I 07/08/12 P 1EMI s• "._-_..°...,: $ _ 100,00 CWMS-MADE n OCCUR MED EXP(Any O, preen) S 5.00 PERSONAL&ADV INJURY_ i S 1,000,001 GENERAL AGGREGATE S 2.000,00 N L AGGREGATE LIMIT APPLIES PER j PRODUCTS-COMP/OP ADO S 2,000,001 POLICY■ PRO- ■ LOC $ I AUTOMOBILE LIABILITY •M:IN 0 INGLE LAII (Es occident) 5 ■ ANY AUTO BODILY INJURY(Pr pawn) S ■ AUTOS AUTOS EDULED i BODILY INJURY(Par aCaderr)1 S III■ HIRED AUTOS ■ NON-OWNED I(Po, S I S IIIII UMBRELLA LIAR ■OCCUR Ill EACH OCCURRENCE j$ ■ EXCESS MB . CWMS44ADE AGGREGATE l$ DED RETENTION S S IWORKERS COMPENSATION WC STATU- OTH• AND EMPLOYERS'UAeIUTY YIN TORY LIMITS _FR ANY PROPRIETOR/PARTNER/EXECUTIVE E L.EACH ACCIDENT S OFFICERAIEMBER EXCLUDED7 (Mandatory In NH) E L.DISEASE-EA EMPLOYEE S DESCRIPTION OF OPERATIONS below E L.DISEASE•POLICY LIMB* S CPS1405726 07!08/11 07/08/12 Building See D - •BPP/PPO See• - I 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Contract#07.41 65 Certificate holder is listed as additional insured with respects to General Liability. CERTIFICATE HOLDER CANCELLATION • CCBOCCS . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE Collier county ACCORDANCE WITH THE POLICY NOTICE WILL BE DELIVERED IN CY PROVIS ONS. Board of County Commissioners . 3301 Tamlami Trail East ww��zzEEg REPRESENTA Naples,FL 34112 Add11 ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD • co te-r County my Administrative Services Division Purchasing September 12, 2013 Mr. Michael DeMas, President Phase V of Southwest Florida, Inc. 12290 Treeline Avenue Fort Myers, FL 33913 Fax: 225-1009 Email: mdemas( phasev.com RE: Renewal of Contract#11-5754"Tourist Development Council Fulfillment Services" Dear Mr. DeMas: Collier County would like to renew the above agreement under the same terms and conditions for one (1) additional year in accordance with the renewal clause in the agreement. If you are agreeable please indicate your intentions by providing the appropriate information as requested below: I am agreeable to renewing the above referenced contract under the same terms, conditions,and pricing as the existing contract. The following attached documentation must be provided with response. I am not agreeable to renewal of this contract. By your signature this contract will be in effect from December 13, 2013 through December 12, 2014. )r...\ P1thasngDepattn>ent•3327 Tamiami Trait East•Naples,Florida 34112-4901•www.colliier9ov.net/purchasing Page 2 of 2 RE: Renewal of Contract#11-5754"Tourist Development Council Fulfillment Services" Please return this letter to the Purchasing Department with your response at your earliest convenience. If you have any questions you may contact me at 239-252-6020, email brendareavesacollieroov.net and fax 239-252-6292 or 239-732-0844. Best regards, 0462443 le �"76anne Markle icz Interim Director—Purchasing eneral Services Acceptance of Contract Renewal • • fifi N 4 a. _ tt S 1 t i x P ... . ern=-. . .:t.... .. Name of Company ,±"` Company Signature (Corporate Officer) Print Corporate Officer ?. Name Signature Date Updated Contact Information on order to make stirs our contact information is current*) -= Contact Name ./' { Telephone Number __ 6-- 16-)e, FAX Number Email Address ... s . . `� - 460110to. Address r 2 9 2, /11"7".-6') C: Jack Wert, Tourism A Ro LY CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 12/19/2013 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 Phone: (305)445-5050 Fax 305-448-B1as CONTACT Sonia Abay WEXLER INSURANCE AGENCY,INC, P°" 305 445-5050 F4X 305-448-8189 WC.No,Exq: ( ) kA/C,No): 1120 PONCE DE LEON BLVD CORAL GABLES FL 33134 E_AAL sabay@weiderinsurance.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A : SCOTTSDALE INSURANCE COMPANY 41297 INSURED INSURER B : HARTFORD INS.CO, PHASE V OF SOUTHWEST FLORIDA/INTERCEPT OF FLORIDA C/O A DIVISION OF ANSWER PRO LLC. INSURER C : 12290 TREELINE AVENUE FT MYERS FL 33913 INSURER D: INSURER E INSURER F • COVERAGES CERTIFICATE NUMBER: 149777 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 ADM SUER POLICY EFF POLICY EXP LTR .INSR NND POLICY IMMIDD/YYVY) _ IMMIDDIYYYYI LIMITS A GENERAL LIABILITY CPS1924012- 12/12/13 12/12/14 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PR SRENTED PRFar $ 100,000 EMiI E SE5((Ea occurence) CLAIMS-MADE n OCCUR MED.EXP(Any one person) $ 5,000 PERSONAL 8,ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGE $ 2,000,000 POLICY PRO-JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED —SCHEDULED AUTO'S —AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE — $ _AUTOS (per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ j EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED (RETENTION$ $ B WORKERS COMPENSATION 21WECAJ4244 11112/13 11/12/14 WC STATU- TORY LIMITS ER $ 100000 AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN EL EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) EL DISEASE EA EMPLOYEE $ 100,000 u yes,describe under EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER AND ADDITIONAL INSURED IN RESPECT TO THE LIABILITY POLICY. • CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE BOARD OF COUNTY COMISSIONERS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33Ln 3394 TAMIAMI TRAIL EAST ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES,FL.34112 AUTHORIZED REPRESENTATIVE Attention: • Michael J Wexler, PH 786-433 1114 Fax 305-415-8057 ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD