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#06-3937R (Ortino Enterprises, Inc.) AGREEMENT 06-3937R for "Process Server Services for Collier County" THIS AGREEMENT, made and entered into on this 24th day of April 2006, by and between Ortino Enterprises, Inc., authorized to do business in the State of Florida, whose business address is: PO Box 10398, Naples FL 34101 hereinafter called the "Contractor" (or "Consultant") 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 one (1) year period, commencing on April 24, 2006, and terminating on April 23, 2007. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Contractor shall provide process server services in accordance with the terms and conditions of RFP #06-3937R and the Contractor's proposal hereto attached and made an integral part of this agreement. 3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Ortino Enterprises, Inc. Attn: Mr. Victor Ortino PO Box 10398 Naples FL 34101 239/353-4224 FAX: 239/353-1907 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 Atht: Steve Carnell The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, 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. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. 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 $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) 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. 11. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the County Attorney's Office. 13. 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. 14. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, and RFP #06-3937R Scope of Services. 15. 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. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: . Stephen Y. Carnell, Director General Services/Purchasing Ortino Enterprises, Inc. Contractor B4#(6,0eifiy: First itness Signature k2AN D; Syt,Cio TTy se/print witness nameT • V cIo z P 412Tfivo, PiPc, ,,7 ' Second Witness Typed signature and title Mato 1a 5 't ScLlT A TType/print witness nameT CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: Robert Zac !y Assistant County Attorney WAllstate. You ie in good hands BUSINESS AUTO DECLARATIONS POLICY NUMBER: 649866509 BAP ALLSTATE INSURANCE COMPANY 2775 Sanders Road AGENT: Northbrook, IL 60062-6127 CHUCK EAGLESTON 12330 TMIMI TR E101 NAPLES, FL 34113 ITEM ONE NAMED INSURED: ORTINO ENTERPRISES INC MAILING ADDRESS: 1890 40TH TERR SW NAPLES, FL 34116-6030 POLICY PERIOD: FROM JANUARY 09, 2006 TO JANUARY 09, 2007 At 12:01 A.M. Standard Time at your mailing address shown above. PREVIOUS POLICY NUMBER: FORM OF BUSINESS: X CORPORATION LIMITED LIABILITY COMPANY INDIVIDUAL PARTNERSHIP OTHER IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. PREMIUM FOR ENDORSEMENTS $82.00 *ESTIMATED TOTAL PREMIUM $3,546.00 *This policy may be subject to final audit. Premium shown is payable: $3,546.00 at inception. AUDIT PERIOD (IF APPLICABLE): ANNUALLY SEMI-ANNUALLY QUARTERLY MONTHLY ENDORSEMENTS ATTACHED TO THIS POLICY: IL 00 17 - Common Policy Conditions (IL 01 46 in Washington) IL 00 21 - Broad Form Nuclear Exclusion (Not Applicable in New York) FORMS AND ENDORSEMENTS CONTAINED IN THIS POLICY AT ITS INCEPTION: BU1330A-3 BU1401-21001 CA0001 1001 CA0128 0203 CA2172 0401 CA2210 0704 CA0051 1204 CA0045 0303 CA9903 0797 CA9923 1293 CA9944 1293 I L0021 0702 I L0017 1198 CA0267 1094 CA2001 1001 BU1127 0297 BU1129C10702 CA2356 1102 BU181 1092 BU1109 0590 BU1110 0590 B U 1455-11001 COUNTERSIGNED 1 I, ��� BY 7fi /°C' (Date) [ (Authorized Representative) BU10426-3 (Ed. 10-03) PAGE 1 OF 3 V:4ee DECLARATIONS - BUSINESS AUTO POLICY - (Continued) ALLSTATE INSURANCE COMPANY POLICY NUMBER: 649866509 BAP • ITEM TWO - SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos." "Autos" are shown as covered "autos"for a particular coverage by the entry of one or more of the symbols from the Covered Auto Section of the Business Auto Coverage Form next to the name of the coverage. COVERAGES COVERED AUTOS LIMIT PREMIUM (Entry of one or more of the symbols from the Covered Autos Section of the Business — — Auto-Coverage Farm — -- shows which autos are covered autos.) LIABILITY 07,09 $300,000 $1,758.00 PERSONAL INJURY 05 SEPARATELY STATED IN EACH P.I.P. $210.00 PROTECTION (or equivalent ENDORSEMENT MINUS $ SEE SCHEDULE No-fault coverage) DED. ADDED PERSONAL INJURY SEPARATELY STATED IN EACH ADDED PROTECTION (or equivalent P.I.P. ENDORSEMENT added No-fault coverage) PROPERTY PROTECTION SEPARATELY STATED IN THE P.P.I. INSURANCE (Michigan only) ENDORSEMENT AUTO MEDICAL PAYMENTS 07 SEE SCHEDULE $30.00 UNINSURED MOTORISTS 07 $100,000 $402.00 UNDERINSURED MOTORISTS (When not included in Un- insured Motorists Coverage) PHYSICAL DAMAGE 07 ACTUAL CASH VALUE OR COST OF REPAIR, $293.00 COMPREHENSIVE WHICHEVER IS LESS, MINUS $ (See Schedule) COVERAGE DED. FOR EACH COVERED AUTO, BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. See ITEM FOUR For Hired Or Borrowed "Autos". PHYSICAL DAMAGE ACTUAL CASH VALUE OR COST OF REPAIR, SPECIFIED CAUSES OF LOSS WHICHEVER IS LESS, MINUS $25 DED. FOR COVERAGE EACH COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. See ITEM FOUR For Hired Or Borrowed "Autos". PHYSICAL DAMAGE 07 ACTUAL CASH VALUE OR COST OF REPAIR, $745.00 COLLISION COVERAGE WHICHEVER IS LESS, MINUS $ (See Schedule) DED. FOR EACH COVERED AUTO. See ITEM FOUR For Hired Or Borrowed "Autos". PHYSICAL DAMAGE TOWING 07 $ (See Schedule) For Each Disablement Of A $26.00 AND LABOR Private Passenger "Auto". PREMIUM FOR ENDORSEMENTS $82.00 *ESTIMATED TOTAL PREMIUM $3,546.00 *This policy may be subject to final audit. The estimated total premium for this policy is based on the exposures you told us you would have when this policy began. We will compute your final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and you will be billed for the balance, if any. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. The portion of the estimated total premium shown above that is attributable to coverage for "acts of terrorism" covered by the Program established by the"Terrorism Risk Insurance Act of 2002" is $0.00. SEE DISCLOSURE NOTICE ON PAGE 3 OF 3. BU10426-3 (Ed. 10-03) PAGE 2 OF 3 w"� OLD DOMINION INSURED ,i1V INSURANCE COMPANY 4601 Touchton Road East, Ste. 3300 P.O. Box 16100, Jacksonville, FL 32245-6100 Telephone: 1-904-642-3000/ 1-800-226-0875 • SPECIAL COMMERCIAL PACKAGE POLICY Named Insured and Mailing Address ORTINO ENTERPIRSES, INC Policy Number: BPG58107 Account Number: CACG58107 1890 40TH TERRACE SW NAPLES , FL 34116 Agent: EDISON INSURANCE AGENCY INC Producer Code: 090290003 AGENT PHONE : 239 693 0400 POLICYHOLDER INFORMATION Named Insureds Business: OFFICE Entity: CORPORATION Policy Term: 12 Effective: 11/06/05 (12:01 A.M. Standard Time at the address Expiration: 11/06/06 of the Named Insured stated above) In return for the payment of the premium and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. See the attached schedules for Description of Premises, Property Coverage, Optional Coverages, Forms and Endorsements applying to this policy and Mortgagee Schedule if applicable. LIABILITY COVERAGE LIMITS OF INSURANCE Liability & Medical Expenses - each occurrence $ 1 , 000 , 000 Personal and Advertising Injury Limit S 1 , 000, 000 Products-Completed Operations Aggregate Limit S 2 , 000 , 0 0.0 General Aggregate Limit $ 2 , 000 , 000 Fire Legal Liability - any one fire or explosion $ 50 , 000 Medical Expense Limit - per person $ 5, 0 0 0 Business Liability and Medical Expense: Except for Fire Legal Liability, each paid claim for the above cover- ages reduces the amount of insurance we provide during the applicable annual period. For policies subject to premium audit: Annual Audit Applies. Total Annual Premium: $ 960 FL EMPAT FUND: 1 4. 00 FL FIRE MARSHALL : $ .86 TOTAL PREMIUM AND CHARGES 3 964. 86 Countersigned: By: 64-5255 (1/04) 09/22/05 RENEWAL MW �o OLD DOMINION INSURANCE CO . ORTINO ENTERPIRSES , INC Policy Number: BPG58107 Account Number: CACG58107 Effective Date: 11/06/05 Agent: EDISON INSURANCE AGENCY INC Producer Code: 090290003 SPECIAL CPP DECLARATIONS - COVERAGES APPLYING TO THIS LOCATION DESCRIPTION OF PREMISES - ADDRESSES Prems . Bldg . No . No . Address 1 1 1888/1890 40TH TERRACE SW NAPLES , FL 34116 DESCRIPTION OF PREMISES - OCCUPANCY AND CONSTRUCTION Prems . Bldg. No .. No . Occupancy Construction Protectic 1 1 OFFICE - OWNER OCCUPIED NON-COMBUSTIBLE 2 COVERAGES PROVIDED Prems . Bldg . . Limit of No . No . Coverage Insurance Ded 1 1 CONT COV - SPCL (90% COINS) 200 , 000 1 , 000 OPTIONAL COVERAGES Prems . Bldg . No . No . Coverage Limits ALL ALL MECHANICAL ELECTRICAL AND PRESS SYS BRKDWN INCLUDED HIRED AUTO AND NON-OWNED AUTO LIABILITY $500 , 000 64-52589/00 09/22/05 RENEWAL MW FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES -.— DIVISION OF LICENSING _'r"=_" Post Office Box 6687•Tallahassee,FL 32314-6687•(850)488-5381 Internet Address:h tt //licSW eb.doacs.state.fl.us/ Chapter 4933,Florida Statutes ClIARLF"Z IL BRONSON CERTIFICATION OF INSURANCE Pursuant to Section 493.6110, Florida Statutes, a private investigative agency, a private security agency or a recovery agency must maintain continuous insurance coverage as a prerequisite for doing business in the State of Florida. As a person lawfully authorized to sell insurance in the State of Florida for an insurance company that is lawfully engaged to provide insurance coverage in Florida, I hereby certify that the below named agency licensed under Chapter 493, Florida Statutes, is presently insured in an amount of not less than $300,000 which includes comprehensive general liability coverage for death, bodily injury, property damage, and personal injury coverage including false arrest, detention or imprisonment, malicious prosecution, libel, slander, defamation of character and violation of the right of privacy. I further state that this policy insures for the liability for all agency employees required to be licensed by the State of Florida while engaged in activities pursuant to their employment. I further acknowledge that the Department of Agriculture and Consumer Services, Division of Licensing, is listed as an additional insured party to assure that all notices regarding coverage are sent by the insurance provider to the Department. Failure to maintain insurance coverage as required by law results in the AUTOMATIC suspension of the agency license. Continuation of activities regulated under Chapter 493, Florida Statutes, without insurance coverage or with a suspended license may result in administrative action pursuant to Section 493.6118(1)(h), Florida Statues, or criminal penalties pursuant to Section 493.6120, Florida Statues. Ortino Investigations Name of Insured as it appears on license Licenses Insured-check all that apply and provide corresponding license numbers: X❑Class"A"-Private Investigative Agency License Number:A 8900082 Class"B"-Security Agency License Number: B ❑Class"R"-Recovery Agency License Number: R 1890 40th Terrace Southwest, Naples, FL 33999 Florida Address of Insured's Location Covered by this Certification Policy Number FMMI007080 Expiration Date 6/6/2006 First Mercury Insurance Company Name of Insurance Company Lawfully Authorized to Sell Insurance in the State of Florida 29621 Northwestern Hwy-'Southfield, MI 48034 Mailing Address of In • ance5mpany(Street, PO Box,etc) State Zip Code 248-358-4010 Telephone Number Signature of Florida Licensed Insurance Agent E049378 Florida License Number of Insurance Agent STATE OF FLORIDA COUNTY OF The foregoing instrument was sworn to(or affirmed) and subscribed before met is 15th d..y of . *1405 R.L.Ring, Jr. ' 40! -410 Name of Florida Licensed Insurance Agent Notary Signature Ann Schultz • .`A M Winks • Print,Type, or Stamp Name of Notary 1-t• Notary Public Personally Known X i. ••': State orresasr I entification Produced ❑ 1C 9' �.4•5�- • ntification produced) Page 1 of 2 1,3 tCll31ik HOME• CONTACT•HELP•SITEM ' ..lam SEARCH . TOM GALLAGHER • NEWS&MEDIA • OFFICES&DIVISIONS• FIRE MARSHAL • CAREER OPPORTUNITIE', PUBLICATIONS Workers' Comp Exemption Detail Page Home This Database was Last Updated:8/17/2006 1:33:18 AM Return to Query Form About Us Exemption tls Assessment Rates Effective *Termination Exemption Name Titlelate Date C, pe Employer Name Benefit Delivery VICTOR Non ORTINO Proc. ORTINO PR Oct 6 1989 Current Construction ENTERPRISES INC Centralized *Termination may be through the revocation of the exemption,expiration of the exemption,or invalidation by failure to re-issue the exemption. Performance System Ch. 440 FL Statutes Return to Query Form Contact Us Databases Directory District Offices EDI Frequent Questions History Memoranda/Bulletins Publications Related Links Rules & Forms Safety Statistics What's New http://www.fldfs.com/WCAPPS/Compliance POC/wScripts/Exemptions.asp?PERID=421... 8/17/2006 Page 2 of 2 144 fret It ; Reader Help with PDF Files DIVISION OF WORKERS' COMPENSATION(800)742-2214 or(850)413-1601 El Florida Department of Financial Services•Division of Workers'Compensation•200 East Gaines Street•Tallahassee,Florida 32399-4228•Privacy Statement http://www.fldfs.com/WCAPPS/Compliance_POC/wScripts/Exemptions.asp?PERID= 421... 8/17/2006 Page 1 of 2 xtwoutv HOME•CONTACT•HELP•SITEM 1 Clt�til �il r r 01, � SEARCH ' 41 TOM GALLAGHER • NEWS&MEDIA • OFFICES&DIVISIONS• FIRE MARSHAL • CAREER OPPORTUNITIES PUBLICATIONS Workers' Comp Employer Detail Page Home This Database was Last Updated:8/17/2006 1:33:18 AM Return to Query Form About Us Employer Information - 999153001 Assessment Rates Employer ORTINO ENTERPRISES INC Benefit Delivery Name Proc. Address 5254 32ND PLACE S W City NAPLES Centralized - Performance System State FL Zip 33941 County Collier Employer CORPORATION Industry 7380 Ch. 440 FL Statutes Type Code Contact Us No Coverage History Databases Exemption Listings Directory click Exemption Holder°s Name for Details. District Offices Name EDI ELAINA ORTINO ] VICTOR ORTINO Frequent Questions History No Owner Election of Coverage Listings Memoranda/Bulletins No Additional Locations Publications Employer Name History Related Links Employer Name Name Type Change Date Rules & Forms ORTINO ENTERPRISES INC Legal Current Safety Return to Query Form Statistics What's New http://www.fldfs.com/WCAPPS/Compliance_POC/wScripts/Employer.asp?EmpID= 9991... 8/17/2006 Page 2 of 2 Rehr Help with PDF Files DIVISION OF WORKERS' COMPENSATION(800)742-2214 or(850)413-1601 Florida Department of Financial Services•Division of Workers'Compensation•200 East Gaines Street•Tallahassee,Florida 32399-4228•Privacy Statement http://www.fldfs.com/WCAPPS/Compliance_POC/wScripts/Employer.asp?EmpID= 9991... 8/17/2006