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Agenda 01/27/2009 Item #10B Agenda Item NO.1 06 January 27. 2009 Page 1 of 25 EXECUTIVE SUMMARY Recommendation to approve award of Request for Proposal Number 08-5038R Automated Meter Reading System to Ferguson Enterprises, Incorporated and Municipal Water Works, Incorporated in the estimated amount of $2,000,000. OBJECTIVE: To obtain Board of County Commissioners approval, as the Ex-officio governing Board of the Collier County Water-Sewer District, for the award of Request for Proposal Number (RFP) 08-5038R for automated meter reading system to Ferguson Enterprises, Incorporated and Municipal Water Works, Incorporated. CONSIDERATIONS: The Collier County Water Department is responsible for the maintenance of water meters to appropriately track the amount of water utilized by each service connection to the water distribution network. Meters are installed as part of the installation of each new service connection to the water network or as replacements for metcrs that have reached the end of their useful life. Additionally, the Department maintains the equipment necessary to collect the meter reads automatically and transmit the data to the software that prepares utility billings. Request for Proposal 08-5038R was advertised on May 21, 2008. Notices were sent to 71 firms with 54 firms requesting full packages. Seven vendors submitted packages, which were all found to be in compliance with the request for proposal. A Selection Committee reviewed the proposals and conducted site visits to a number of Utilities in the State that currently utilize the products that were in each submittal. The top two ranked firms were Fcrguson Entcrprises, Incorporated and Municipal Water Works, Incorporated. Staff has negotiated contracts with the top two ranked finns. The term of the agreement will be for two years with the option of three additional one year periods. FISCAL IMPACT: The actual funds expended annually will depend on the number of meters needing replacement and the number of requests for new service installations. Funds are available in the County Water/Sewer Fund (408) and County Water/Sewer Fund (412), both of which are funded through user fees. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. Once the standard County Attorney approved contract is executed by the recipient of the award, it will be reviewed for legal sufficiency prior to presentation to the Chairnlan of the Board for signature. This item is not quasi judicial, and as such ex parte disclosure is not required. This item requires majority vote only. -.JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact in executing this document. Executive Summary Agenda Item NO.1 OB January 27, 2009 Page 2 of 25 Page 2 RECOMMENDA nONS: That the Board of County Commissioners, as Ex-officio Governing Board of the Collier County Water-Sewer District, award Request for Proposal Number 08- 5038R for automated meter reading system to Ferguson Enterprises, Incorporated and Municipal Water Works, Incorporated and authorize the chairman to execute the standard, County Attorney approved contract. PREPARED BY: Pamela Lihby - Water Operations Manager Page I of2 Agenda Item NO.1 OB January 27, 2009 Page 3 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10B Recommendation to approve award of Request for Proposal Number 08-5038R Automated Meter Reading System to Ferguson Enterprises, Incorporated and Municipal Water Works, Incorporated in the estimated amount of $2,000,000. (Jim DeLany, Public Utilities Administrator) Meeting Date: 1127120099.0000 AM PrepM red By Pamela Libby Public Utilities Water Operations Manager Date Water 12130120087,54:32 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 12130120087:54 AM Approved Dy Jack P. Curran Purchasing Agent Purchasing Date Administrative Services 12130120088:10 AM Approved By Jennifer A. BeJpedio Assistant County Attorney Date County Attorney County Attorney Office 12130120088,30 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 1213012008 2:45 PM Approved By Dianna Perryman Administrative Services Contract Specialist Purchasing Date 115120093:26 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 116120099:59 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 116120Q912,58 PM Approved By James W. Delany Public Utilities Public Utilities Administrator Date Public Utilities Administration 117120098:16 AM Approved By OMS Coordinator County Manager's Office OMS Coordinator Office of Management & Budget Date 1181200911,16 AM Approved By Susan Usher Senior Management/Budget Analyst Date file:IIC:\AgendaTest\Export\ I 22-January%2027, %202009\ I 0.%20COUNTY%20MANAGE... 1/21/2009 Page 2 of 2 Agenda Item NO.1 DB January 27, 2009 Page 4 of 25 County Manager's Office Office of Management & Budget 1/14/2009 12:44 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/14/200912:53 PM file://C:\AgendaTest\Export\ 122-January%2027 ,%202009\ 1 0.%20COUNTY%20MANAGE... 1/21/2009 Agenda Item NO.1 08 January 27, 2009 Page 5 of 25 TABULATION FOR RFP # 08-5038R "Automatic Meter Reading System" DATE OF RFP ADVERTISEMENT: 5/2]/08 RFP DUE: 7/3/08 NO. OF INQUIRIES SENT: 71; VENDORS REQUESTED FULL PACKAGE: 54 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Proposer City, State Original + 5 Copies HD Suoolv Waterworks FI. Mvers, FL Yes No Municipal Water Works Orlando, FL Yes No Sunstate Meter and Supply, Inc. Newberry, FL Yes No Elster AMCO Water, Inc. Ocala, FL Yes No Ferguson Enterprises Naples, FL )< Yes No Datamatic Piano, TX :x Yes No Hersey-Meters Cleveland, NC Ix Yes No Yes No Yes No Yes No .Tack Curran Opened by Krislvn Callis Witness Agenda Item NO.1 OB January 27, 2009 Page 6 of 25 A G R E E MEN T 08-S038R for Automatic Meter Reading System THIS AGREEMENT, made and entered into on this _ _ day of _ _ 200~. by and between Municipal Water Works, Inc. authorized to do business in the State of Florida, whose business address is 3028 Mercy Drive, Orlando Florida 32808, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a Purchase Order. The County may, at its discretion and with the consent of the Vendor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Vendor 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 Vendor shall provide Automatic Meter Reading Systems in accordance with the terms and conditions of RFP #08-S038R and the Vendor'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 Vendor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, per Exhibits A & A-I together with the cost of any other charges/ fees submitted in the proposal. Any County agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, fill. Stilt., otherwise known as the "Local Govenunent Prompt Payment Act." Page] of8 Agenda Item NO.1 OB January 27, 2009 4. SALES TAX, Vendor shall pay all sales, consumer, use and other simi!'~EtilJR!325 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 Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Municipal Water Works, Inc. 3028 Mercy Drive Orlando, Florida 32808 Attention: Debra Mathis, President Telephone: 877-295-2409 Facsimile: 407-295-2455 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/CS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS, LICENSES, TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. 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 Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. [n addition, the Vendor 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 Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor 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 Page 2 of8 Agenda Item NO.1 OB January 27, 2009 effect or hereafter enacted or adopted. In the event of such violation by the Ve~Mf25 the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor 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 Vendor 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 Vendor 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. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $l,OOD,DOO Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $l,DDO,OOO Per Occurrence, Combined Single Limit for Bodily lnjury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this ^greement. Renewal certificates shall be sent to the County thirty (3D) days prior to any expiration date. There shall be a thirty (3D) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. P,lge 3 or 8 Agenda Item NO.1 OB January 27,2009 Vendor shall insure that all subcontractors comply with the same iR~'111'125 requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and allliabilities, 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 Vendor or anyone employed or utilized by the Vendor 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 Water Deparhnent. 14. CONFLICT OF INTEREST: Vendor 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. Vendor 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: Vendor's Proposal, Insurance Certificate, RFP #08-5038R, and Exhibits A and A-I. 16. SUBJECT TO APPROPRIATION. It is further understood and as'Teed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: (a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; (b.) Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, (c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. Dy executing and entering into this agreement, the Vendor 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 USe. 1324, ct scq. and regulations relating thereto, as either Page 4 of 8 Agenda Item No.1 DB January 27, 2009 may be amended. Failure by the Vendor to comply with the laws referenced heli'ell'l sl1iffi25 constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. 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. 20. 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 govermnental entities at the discretion of the successful proposer. 21. 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 Asrreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 23. 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 Vendor 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 Vendor 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, Fln. Stnt. 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 fedcral or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEl/PROTECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time Pa~e5uf8 Agenda Item NO.1 06 January 27,2009 adequate to meet the dates set forth in the Project Schedule. Firm shall not ch~~1Jl::lly25 Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience; and (2) That the County is notified in writing as far in advance as possible. Firm shall make conunercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Dated: (SEAL) By: Tom I-lenning, Chairman Municipal Water Works Inc. Vendor By: ,~~() Signature -:1l //A/ C. INUH;4$ Type/print witness name ~~~ r0.~ Second tness ~\\l-1 Ca,r Type/print 'witness name l::le'oc",- L. ma~"'S rres,c\en*' Typed signature and title Approved as to form and legal sufficiency: Jennifer Belpedio White Assistant County Attorney PClge 6 of8 Agenda Item NO.1 OB January 27, 2009 Page 12 of 25 Exhibit A Price List 3G Interpreter Register Note: mounts on existing meter base No wires/ no external antennas or components $122.91 ea. 5/8" x y,' Meter 3G RF Gal Register and PL Lid $ 166.45 ea 3G Universal XTR Transceiver Encodpr Input (Does not include encoder register) $ 88.76 l'a. 3/4" SL Meter 3G RF Gal Register ami PL Lid $168.06 ea. y,' x 9" Meter 3G RF Gal Register and PL Lid $182.41 ea. 1" Meter 3G RF Gal Register and PL Lid $ 202.49 ea. 1-1/2" Thd Meter 3G RF Gal Register and PL Lid $294.01 ea. 2" Thd Meter 3G RF Gal Register and PL Lid $356.38 ea. Active Antenna $ 36.67 ea. AY 10J23 - '1," Meter Adapter Idler x 1-1/2" $7.05 ea. The following equipment and software will be included at no charge with the purchase of (1260) _ %" x 9" Meter 3G RF Gal Register and PL Lid -or- (1200) - '\G Interpreter Registers. Included: Complete MasterLlNK Data Collection and Laptop Vehicle Reading System For Laptops . Panasonic Toughbook Laptop . Power cables . Data Collection Software . Vehicle Reading Software w / "Moving Maps" . 3G Technician Software . DMMR Transceiver and cigarette lighter plug . Comm cables . Mag Mount Antenna and cable . GPS Receiver . 2 Days On-site installation & training . ASCII Interface to existing billing software Additional Reading Equipment and software for Collier County's existing laptop: . Da ta Collection Software . Vehicle Reading Software w / "Moving Maps" . 3G Technician Software . DMMR Transceiver and cigarette lighter plug . Comm Cables . Mag Mount Antenna and cable . GPS Receiver Page I of 2 . Exhibit A-I Additional Equipment and Software: MasterLINK Laptop Vehicle Reading System Incl udes: . Panasonic Toughbook Laptop . Power cables . Data Collection Software · Vehicle Reading Software w / "Moving Maps" . 3G Technician Software · DMMR Transceiver and cigarette lighter plug . Comm cables . Mag Mount Antenna and cable . GPS Receiver $8,491.62 ea. MasterLlNK Vehicle Reading System (less Laptop) Includes: . Data Collection Software . Vehicle Reading Software wi "Moving Maps" . 3G Technician Software . DMMR Transceiver and cigarette lighter plug . Comm cables . Mag Mount Antenna and cable . GPS Receiver $5,438.98 ea. MasterLINK Jett Handheld Reading System Includes: . Jeff Handheld Computer . Charging Cradle and power cables . Comm Cables . Vehicle Reading Software . 3G Technician Software · DMMR Transceiver and cigarette lighter plug . Comm cables . Vehicle Cradle & Charger . Mag Mount Antenna and cable $6,564.21 ea. Page 2 of 2 Agenda Item No.1 DB January 27, 2009 Page 13 of 25 == ~C-10-2008 10:45A FROM: TO:407295245~genda Itern~ 10B !::lnl ~nl?7 ?(}nQ ~ ~ ACORD.. CERTIFICATE OF LIABILITY INSURANCE aglAii4"lliDiiMm-) 12/1012008 .. . PIIlODUClift THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA' Tony Russllnsurancs Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND l 2576 S. French Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES ElELOV.. Sanford, FI. 32773 INSURERS AFFORDING COVERAGE NAICtI INeUREI) Municipal Water Works, Inc. IIolSURERA; Nautllus/Crumo Ins, Services 3028 Mercy Drive INSURER B: Auto Owne... Insurance Orlando, Fl. 32808 INSURER c: INSURER 0" INSURER e" COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE ElEEN ISSUEO TO THE INSUREO NAMED ABOVE: FOR THE POLICY PERIOD INOICATED. NOTWITHSTANDING ANY RECUIREME,,", TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT....IN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREJN IS SUBJECT TO ALL "THE TERMS. EXCLUSION'S AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID Cl.ArMS. .. 11f4~~ ~~~ ~LICY NUMB.,. POLICY &1'r:&,CTlVi I'OUCY UPlMoTION LIMITS ~N&ftAL UABIl.lTY EACH OCCURRENCE . 1 000 000. A X COMMERCI,&.L GENERAL LIABILITY NCB41040 1210712o0B 12/07/2009 DAMAGE T9",~eNTEO . 50,000. I CL....IMS M4.DE [!J OCCUR MED EXP A1I OM "8,.01\1 .1.000. ~ HIRED/NON OWNED A' PERSONAL & ADV INJURY I . 1 000 000. f-- GENERAL AGGREGATE . 2 000 000, nL AGQ:nEILlMIT APFlS PER ~OCUCT5. COMP/OP AGO . 1,000,000. POLICY I ~~fJ; Lac ETOMCBILE L1A.811.1TY COMBINED SINGLE: LIMIT . B - ANY AUTO 47.335.624-00 08.09-2008 08.09.2009 (EaatddanlJ - ALL OWNED AUTOS BODilY INJURY S 100,000. ..!. S'CHEOUlED AUTOS (P.'plilt'l)n) J!. HIRED AUTOS BoalL Y INJURY S 300,000, I ..!. NON.OWNED AUTOS (Per Itdoenl) , PROPERTY DAMAC3e . (P.r-.:ddlll\l) - l~.' Ll,.,e,TY AUTO ONLY' CA ACCIDENT . ANY AUTO OTHER TMAN EAACC S AUTO ONLY; AGO . :J~8B1UMBftB1.LA WASILITY EACH OCCURRENCE I OCCUR 0 CLAIMS MADe AGGREGATE . S q DEDUCTIBLE S flETENTION S S WORKERS COMPENBATlON AND ~~ 6T~!,';~ I IOJ~. /D'..LJM EMPLOYERS' LlAlIlUTY E.L EACH ACCIDeNT s ANY PROPRII:rORIPARTNERfEXECUTIVE OFFICER/MEMBER EXCLUDED? EL:.oLS~SE. EA EMPLOYE S I ~~~~:~!~~~v~~~~~!; 'Illn E_L. DISEASE. POLICY LIMIT S OTHER Coverage $217 ,000. $1,000 ded. A BU8Ilnos8I Porsonal Property NCB41040 12.07-2008 12-07-2009 Windstorm & Hall $6,510. DESCRIPTION 01' OPEMoT10N8 I LOCATION! IV&HICLI!B/ BXCI.UBIONB ADOaD BY ElNDOltll&MIiNT f8PSClAL ""OVl8lONII Certificate hOlder's named es addlllonellnsurad with reepect to General Liability CERTIFICATE HOLDER CANCELLATION Collier Country Board of County Commleslonera 3301 Tamlaml Trail, East Naples, Fl. 34112, tlHOUL.g ANY al'THI ABOVI DIU'C'''QED ,"OLleIED DS- CANcaLLBCI DEplOR. THE! EXI"IRA TlON DATB TliEftBOP. THE 18SUINO IHIIUM.. WILL IlNDEAVOIt TO MAIL ~ DAVS WRlTTliN ),ICTICE TO TH& CiltTl lCATE HO R NAMED TO TH! LEn. BUT fAILURE TO 00 BO 8HI" . flY 0," ANY KIND UPOH THe IN8UIt!!\, ITS AOeNl ACORD Z6 (ZOOl/0BI G:) ACORD CORPORATION 196B ~ ACORD.. CERTIFICATE OF LIABILITY INSURANCE I' DAre: (MMlOomVY) -OOUCER Alliance Insurance Solutions LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PO Box 1777 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE St Petersburg, FL 33731 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 727-497-1247 www.ins4biz.com INSURERS AFFORDING COVERAGE NAIC# INSURED Progressive Employer ~!-: sUMZ; Insl!rance ComDanv 10133 Services VI, LLC INSURER 8: 6407 Parkland Drive INSURER c: Sarasota FL 34243 INSURER 0: INSURER E' Agenda Item No, 1 DB January 27,2009 COVERAGES 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' POLICY NUMBER P.?1-+~Y EFFECTNE PO~!fo:Y,EXPIRATION LIMITS ~NERAlllABIUTY ~fH OCCURRENCE S - ==rMERCIAL GENERALlIA8111TY g~~~~iS?F~;~~~r~rlce\ S - CLAIMS MADE 0 OCCUR ~_~O EXP (Anyone ,?ersQ"-1- S PERSONAL &. AOV INJURY S GENERAL AGGREGATE S ~.~ AGG~EnE ,LIMIT APFlSIPER: PRODUCTS - COMPIOP AGG S POLICY ~rRT lOC ~TOMOBILE liABILITY COMBINED SINGLE LIMIT S ANY AUTO (lOa am:iderlt) 1- -~-- f-- All OWNED AUTOS BOOll Y INJURY (Per person) S f-- SCHEDULED AUTOS f-- HIRED AUTOS 800ll Y INJURY S NON-OWNED AUTOS (peraccidenl) u"' - - PROPERTY DAMAGE S (Pel accident) ~:G' "ABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EAACC S AUTO ONLY: AGG S ~E(SSI1JMBRElLA LIABILITY EACH OCCURRENCE S OCCUR 0 CLAIMS MADE AGGREGATE S ~. s ==i ~EDUCTIBlE S -- RETENTION S S WORKERS COMPENSATION AND ~-L T"X~JT ~Ir~~ I .i I oJ~- A EMPLOYERS' LIABILITY WCPEOOOOOO0603 1012012008 11112009 1 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE WCPEOOOOOO0604 1/112009 11112010 E.l. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE S 1000000 If yas, describe under S 1 000 000 SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I lOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS State of FL cover~e Only Coverage Provide for all Leased Employees but not Subconlraclors of: Municipal Water Works, Inc. CERTIFICATE HOLOER CANCELLATION 8285 SHOULD ANY OF THE ABove DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRAT10N COLLIER COUNTY DA.TE Tl1EREOF, THE 1SSUING INSURER WILL ENDEAVOR TO MAil .....30....:. DAYS WRITTEN 3301 TAMIAMI TRAIL EAST NOTICE TO THE CERTIFICATE I;OLDER NAMED TO THE LEFT. BUT FAilURE TO DO SO SHALL NAPLES FL 34112 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. .10 Days for Non-Payment of Premium AUTHORIZED REPRESENTA.TlVE Douglas Ulak ~?(/y~.L CERT NO.. 4l1i9046 CLIENT CODE: ?ESV Virginia !'reftitt Phene, 1-941..925-299012/111/2008 8,40,32 ~D25 (2001108) @ACORDCORPORATION1988 Agenda Item NO.1 DB January 27, 2009 Page 16 of 25 A G R E E MEN T 08-5038R for Automatic Meter Reading System THIS AGREEMENT, made and entered into on this. . ~ day of _ 20D~ by and between Ferguson Enterprises, Inc., authorized to do business in the State of Florida, whose business address is 3801 Prospect Avenue, Naples, Florida 34104-3713, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a Purchase Order. The County may, at its discretion and with the consent of the Vendor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Vendor 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 effL'ct. 2. STATEMENT OF WORK. fhe Vendor shall provide Automatic Meter Reading Systems in accordance with the terms and conditions of RFP #08-5038R and the Vendor'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 Vendor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, per Exhibit A together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, Fin. Slnt., otherwise known as the "Local Government Prompt Payment Act". Page 1 of? Agenda Item No.1 OB January 27. 2009 Page 17 of 25 4. SALES TAX. Vendor 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 Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Ferguson Enterprises, Inc. 3801 Prospect Avenue Naples, Florida 34104-3713 Attention: Jeff Walbert, Operations Manager Telephone: 239-643-4970 Facsimile: 239-643-4945 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS, LICENSES, TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. 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 Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of rIorida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. Page 2 of? Agenda Item NO.1 08 January 27, 2009 Page 18 of 25 8. NO IMPROPER USE. The Vendor 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 Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor 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 Vendor 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 Vendor 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. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE, The Vendor shall provide insurance as follows: A. Commercial General Liabilitv: 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 Vendors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County 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 Vendor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Page J of? There shall be a thirty (30) day notification to the County in cancellation or modification of any stipulated insurance coverage. Agenda Item No.1 OB t~'tP~t"~~~ ~~ Vendor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION, To the maximum extent permitted by Florida law, the Vendor 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 Vendor or anyone employed or utilized by the Vendor 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 Water Department. 14. CONFLICT OF INTEREST: Vendor 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. Vendor 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: Vendor's Proposal, Insurance Certificate, RFP #08-5038R, Exhibit A. 16. SUBTECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES, No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Slntutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: (a.) Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; (b.) Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, (c.) immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully Page 4 of7 Agenda Item No.1 OB .bl fl' . I I . . f hI. . R f Jan.~'V'I,p 2Q09 responsl e or comp ymg WIt 1 t 1e provIsIOns 0 t e mmlgratlOn e orm anpa'gB-'2l-J131125 Act of 1986 as located at 8 U.s.e. 1324, cl seq. and regulations relating thereto, as either may be amended. Failure by the Vendor 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. VENUE. Any suit or action brought by l'ither party to this Ah'Teement 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. 20. 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. 21. 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. 22. ADDITIONAL ITEMS/SERVICES, Additional items and! or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 23. 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 Vendor 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 Vendor 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, Fill. Slllt. 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. 24. KEY PERSONNEUPR01ECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure tllat competent persons will be utilized in the performance of the contract. Page.5 of7 Agenda Item NO.1 OB January 27, 2009 Selected firm shall assign as many people as necessary to complete the pr~ 4:Jrpfci2S timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience; and (2) That the County is notified in "'Titing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. .l3rock, Clerk of e / -, '-../ BOARD OF COUN1Y COMMISSIONERS COLLIER COUNTY, FLORIDA By: By:__ Tom Henning, Chairman Ferguson Enterprises, Inc, Vendor B5~~,~; , Qavt) if.- AJ; M J.S;o IF1/) Type/print wi tne name ~fF W",c5J2-f C'i',,'r,~,o^~ v'-1o-l1c,(/d Typed signature and title ~ -gcJ~f\IVC; Type/ print witness name Approved as to form and legal sufficiency: Jennifer Belpedio White Assistant County Attorney Page 6 of7 Agenda Item NO.1 OB January 27, 2009 Page 22 of 25 Exhibit A Price List 3/4" M35 Low Lead, Bronze Bottom, ADE ORION Integral Pit Data Profile Transmitter $170.44 1" M55 Low Lead, Bronze bottom, ADE, ORION Integral Pit Data Profile Transmitter $ 180.92 1-1/2" M120 Elliptical, Low Lead, ADE, ORION Integral Pit Data Profile Transmitter $ 299.20 2" MI70 Elliptical, Low Lead, ADE, ORION Integral Pit Data Profile Transmitter $ 368.45 ORION, Universal Pit Data Profile Transmitter $ 76.50 ORION Mobile Meter Reading System Includes the following which will be given to Collier County if Ferguson/Badger is awarded: No Charge . Panasonic Toughbook Laptop . Receiver . Power Cable . An teJU1a . Ship Container . ORION Eeading Software with Leak Detection . NA VTEQ Mapping Software . RSSI Mapping Software . ORION Data Profile Viewer Software with Download Cable . Badger Trimble Ranger Handheld with internal ORION . READCENTER Eeading Management Software o Receiver and Charging Cradle . 3 Days On-Site Customer Training . Billing Interface Charges Associated with Conversion to ORION The annual maintenance cost for Orion Panasonic Mobile Laptops which include: Meter / Distribution Pipe Leak Detection and Auto Ceo Mapping $3000.00 annually. Annual maintenance cost for our Trimble hand held processors is $720.00 annually. All Badger Service Agreements arc FREE of CHAT\CE for the first year. There is no charge for interfacing to Collier County's billing system of choice. rJge 7 uf7 1 A CORD,. CERTIFICATE OF LIABILITY INSURANCE Page I DATE 1 of 4 12/04/2008 1:00UCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis BRa HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. o. Box 305191 Nashville, TN 372305191 , INSURERS AFFORDING COVERAGE NAIC# .._---_.~--_. -~~_.._-~ .__._.~.- INSURED Ferguson Enterprises, Inc. dud Subsidiaries INSURER A Granite State Insurance ~-9-IIII?any 2J809-000 (See Attached Named Insured Schedule) INSURERS National Union Fire los. Co. of Pittsburg 19445-000__ 12500 Jefferson Avenue Newport News. VA 23602 INSURERC New Hampshire Ins~~?_~ce Company 23841-002 - INSURERO American International South Insurance Co 40258-001 -. ----. - I INS:JRERE: Agenda Item NO.1 OB January 27, 2009 Page 23 of 25 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TQTHE INSURED NAMED ABOVE FOR THE POLICY PE:HIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '~f: ~~'k~ -, ~- -;~~-~; INSURAN-~- --- A X LGENERAL LIABILITY Ux ~ COMMFRCIAI GFNFRAL IIABlllTY CLAIMS MADE W OCCUR -----~ ---- ---- --- - : ~~N'LAGGREGATELI,MIT APPUIO$Pf'R r I POLICY il ~rgi 11 LOC '_~TOMoalLE L1ABLLlTY X_ ANY AUTO POLICY NUMBER P8k+'t~~~~g;Wf'-pgr~E\~~b~~~N -- 1871848 6/1/2008 6/1/2009 LIMITS EACH OCCURRENCE Is f...., OOO~OO D^MAGETORENTED-~T----- ------- - PREM~Eaoccurl!~~J,.~_QQ~JL~ ME9EXP(Anyonepersonj S 10.000 , ~QNAL&ADVINJU~---r--_~--,-oOO 000 _Gf_f':i.~R~~!,_~(1,~~~.l:E $ 5 . 000 . 000 ~<?P.~ET~.~~OMPIOP AGG _ S 2 000 000 B B A B ALL OWNED AUTOS SCHEDULED AUTOS ADS 1607707 MA 1607708 VA 1607709 OR 1607731 8/1/2008 8/1/2008 8/1/2008 8/1/2008 '8/1/2009 8/1/2009 8/1/2009 8/1/2009 I COMBINED SINGLE' L1M~'" :rFailcc'd'mt)____ -- _ _ 1--- --.. - - ...-- , ~p~?~~~~;;}URY $ 1_________ I BODILY INJURY $ rfPeraWdent) I PROPE,RTY DAMAGE $ i(Pe'alXtdent) 5,000,000 - - ,1<.. JL .l! x HIRED AUTOS NON-OWNED AUTOS Sel f ~ Insured_~~ Physical Damaae i I I AUTO ONLY. toA ACCIDENT $ I ..~lRAGE LIABILITY ~ ANY AUTO OTHER THAN AUTO ONLY _E.AA.S:~S AGG $ ~~ESSIUMBRELLA LIABILITY _.J OCCUR 0 CLAIMS MADE :3.-':EH955~:I~~~NC~_ $_ AGGREGATE $ C D l DEDUCTIBLE I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROf-'RIETORtPARTNERfEXECU1IVF OFFICi::RJMEMBER EXCLUDED? Ifyes,clescribeunder SPECIAL PROVISIONS l>f>low -. AOS ADS 1872151 1872152 8/1/2008 8/1/2008 8/1/2009 18/1/2009 I . .J we STATU. I 10,'RH-1 J;_ J.oRYLlMITS I I E.L EACH ACCIDENT ! $ ~-L DISEASE. E-A F_~PLOYEE r~ -;L-~I;~~.E - POLICY LIMI;-t- 2r.0.QQ.r..Q.OJL ?_....Q.Q~~ 2 000 000 IO'Hffi DESCRIPTION OF OPERATlONSILOCATlONSNEHICLESIEXCLUSIONS AlIDEll BY E:NOORS!OMENTISPtCIAL PROVISIONS See Attached for Additional Workers' Compensation Policies: CERTIFICATE HOLDER CANCELLATION SHOULO ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUINC INSURER WILL ENDEAVOR TO MAil ~~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25(2001/08) Coll~2554117 Tpl:809614 Cert:11743972 / @ACORDCORPORATION 1988 Collier County Board of County Commissioners 3301 East Tamjami Trail Naples. FL 34112 willis Agenda Item No. 10B January 27, 2009 Page 24 of 25 CERTIFICATE OF LIABILITY INSURANCE Page 2 of 4 DATE PRODUCER 877-945-7378 12/04/2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED Willis HRB 26 Century Blvd. P. O. Box 305191 ::::~:::e:n::'p:~~~:'::c. an~-~ub."d"~~e: ---~::~,:::;2:~:~~:~;C~n~~:~~: COmpany ~_ - ::~# ;'00 'See Attached Named Insured Schedule) ~ 12500 Jeffe",on Avenue INSUI<E_",-Nat"_~~al_Un"9n FHe 10.. CO-'--"'--!':..t-"'bU'~2~5_000 Newport News, VA 23602 I INSU~ERC N~~ Bamp~h:J..r,=-- Ins~::~nce Comp,any___ E~41 002 IN~RE-Rp_ Amenca~_!~t~rnatJ.onal Sout~I~~~c~~o ~025a-OO~ INS IRERE DESCRIi"TlON OF OPERATIONS/LOtA TIONSNEHICLES/EKClUSIONS ADDEO BY ENDORSEMENTISPECIAL PROVISIONS we Policy No. 1872151 (Front Pagel - AX, AL, AZ, CO, DE, lA, ID, ME, MI, MN, MT, NH, NJ, NY, NY, RI, TIT, VA, VT, WV WC Policy No. 1872152 (Front Page) - AR, CT, DC, GA, HI, IL, IN, KS, KY, LA, MD, MO, MS, NC, NE, NM, OK, PA, SC, SD, TN Workers' Compensation - CA Policy No. 1872153 Carrier: Ins. Co. of the State of FA Policy Period: 08/01/2008-2009 Statutory Limits: EL Each Accident $2,000,000 EL Disease Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation - FL Policy No. 1872154 Carrier: New Hampshire Insurance Company Policy Period: 08/01/2008-2009 Statutory Limits: EL Each Accident $2,000,000 EL Disease Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation - MA Policy No. 1872155 Carrier: Ins. Co. of the State of PA Policy Period: 08/01/2008-2009 Statutory Limits: EL Each Accident $2,000,000 EL Disease Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation - WI Policy No. 1872156 Carrier: Illinois National Insurance Company Policy Period: 08/01/2008-2009 Statutory Limits: EL Each Accident $2,000,000 EL Disease Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation - TX Policy No. 1872157 Carrier: New Hampshire Insurance company Policy Period: 08/01/2008-2009 Statutory Limits: EL Each Accident $2,000,000 EL Disease Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation - OR Policy No. 1872158 Carrier: Ins. Co. of the State of PA Coll:2554117 Tpl:B09614 Cert:11743972 lWllhs CERTIFICATE OF LIABILITY INSURANCE Page I DATE 3 of 4 12/04/2008 'ODUGER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis BRB HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. o. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# .------- ---._-----------_.'- .-- ~----- INSURED Ferguson Enterprises, Inc. and Subsidiaries .!NSU~_RA Gra_~~_,~_tat':....~nsur~~~l!lpaDy~_~_ ~_-O~ (See Attached Named Insured Schedule) INSURERS: National Union Fire Ins. Co. of _Pitt.!~ ~~~!S-O~~ 12500 Jefferson Avenue ----__._--.0-____- _ Newport News. VA 23602 INSURER C New Hampshire Insurance Company 23841"002 - INSURER 0: American ~._n.~e~~t.iDnal Sou~_~~~sur~~coi 40258 001 .--.-. -~.__.~_. ---_.~-- I INSURER 10 Agenda Item NO.1 OB January 27,2009 Page 25 of 25 DESCRIPTION OF OPERATlONSllOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENOORSEMENT/SPECIAl PROVISIONS Policy Period: 08/01/2008-2009 Statutory Limits: EL Each Accident $2,000,000 EL Disease Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Collier County Board of County Commissioners are Additional Insureds on the General Liability policy as their interest may appear. Coll;2554117 Tpl:809614 Cert:11743972 Patricia L. Morgan Subject: Attachments: brock_m [MaryBrock@colliergov.net] Friday, January 23, 2009 9:39 AM MartinsonKathy; Bradley, Nancy; Allen, Debbie; Barbetta Hutchinson; BenkerAmysue; Filson, Sue; Minutes and Records Back Up Material-Item 10B Item 10B Two Contracts Back Up Material.pdf From: Sent: To: <<Item 10B Two Contracts Back Up Material.pdf>> Good morning, Attached please find two contracts re: Item 1 DB. The original documents that were included in the printed agenda were dated for 2008 with the incorrect Chairman's name. Thank you, Mary-Jo (Sue--Judi has copies to distribute to the Aides. ~.fen~ n let) A G R E E MEN T 08-5038R for Automatic Meter Readin~ System THIS AGREEMENT, made and entered into on this _ day of __.. .._ 2009, by and between Municipal Water Works, Inc. authorized to do business in the State of Florida, whose business address is 3028 Mercy Drive, Orlando Florida 32808, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County"; WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a: Purchase Order. The County may, at its discretion and with the consent of the Vendor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Vendor 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 Vendor shall provide Automatic Meter Reading Systems in accordance with the terms and conditions of RFP #08-5038R and the Vendor'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 Vendor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, per Exhibits A & A-I together with the cost of any other charges! fees submitted in the proposal. Any County agency may purchase products and services under this contract, provided' sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." Page 1 of8 4. SALES TAX. Vendor 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 Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Municipal Water Works, Inc. 3028 Mercy Drive Orlando, Florida 32808 Attention: Debra Mathis, President Telephone: 877-295-2409 Facsimile: 407-295-2455 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing!GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor 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 Vendor. 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 Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor 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 Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor 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 Page 2 of8 effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor 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 Vendor 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 Vendor 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. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor 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 Vendors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per. Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned' Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County 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 Vendor 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. Page 3 of8 Vendor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor 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 Vendor or anyone employed or utilized by the Vendor 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 Water Department. 14. CONFLICT OF INTEREST: Vendor 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. Vendor 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: Vendor's Proposal, Insurance Certificate, RFP #08-5038R, and Exhibits A and, A-I. 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 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 Vendor 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 .: Page40f8 may be amended. Failure by the Vendor 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. 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 appropria~ federal or state courts in Collier County, Florida, which courts have sole and exclusiv~ jurisdiction on all such matters. 20. 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. 21. 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. 22. ADDITIONAL ITEMS/SERVICES. Additional items and! or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 23. 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 bt! attended by representatives of Vendor 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 thi$ 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 Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal' or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEI/PROJECT STAFFING: The proposer's personnel and management' to be utilized for this project shall be knowledgeable in their areas of expertise. The' County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time Page 5 of8 adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience; and (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Dated: (SEAL) Donna Fiala, Chairman Municipal Water Works Inc. Vendor By: First Witness Signature Type/print witness name Second Witness Typed signature and title Type/print witness name Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney Page 6 of8 Exhibit A Price List 3G Interpreter Register Note: mounts on existing meter base No wires/no external antennas or components $122.91 ea. 5/8" x %" Meter 3G RF Gal Register and PL Lid $ 142.50 ea 3G Universal XTR Transceiver Encoder Input (Does not include encoder register) $88.76 ea. 3/4" SL Meter 3G RF Gal Register and PL Lid $168.06 ea. %" x 9" Meter 3G RF Gal Register and PL Lid $182.41 ea. 1" Meter 3G RF Gal Register and PL Lid $202.49 ea. 1-1/2" Thd Meter 3G RF Gal Register and PL Lid $294.D1 ea. 2" Thd Meter 3G RF Gal Register and PL Lid $356.38 ea. Active Antenna $ 36.67 ea. A Y 10J23 - %" Meter Adapter Idler x 1-1/2" $7.05 ea. The following equipment and software will be included at no charge with the purchase of (1260) - %" x 9" Meter 3G RF Gal Register and PL Lid -or- (1200) - 3G Interpreter Registers. Included: Complete MasterLINK Data Collection and Laptop Vehicle Reading System For Laptops . Panasonic Toughbook Laptop . Power cables . Data Collection Software . Vehicle Reading Software w / "Moving Maps" . 3G Technician Software . DMMR Transceiver and cigarette lighter plug . Comm cables . Mag Mount Antenna and cable . GPS Receiver . 2 Days On-site installation & training . ASCII Interface to existing billing software Additional Reading Equipment and software for Collier County's existing laptop: . Data Collection Software . Vehicle Reading Software w / "Moving Maps" . 3G Technician Software . DMMR Transceiver and cigarette lighter plug . Comm Cables . Mag Mount Antenna and cable . GPS Receiver Page 7 of8 . Exhibit A-I Additional Equipment and Software: MasterUNK Laptop Vehicle Reading System Includes: . Panasonic Toughbook Laptop . Power cables . Data Collection Software . Vehicle Reading Software w / "Moving Maps" . 3G Technician Software . DMMR Transceiver and cigarette lighter plug . Comrn cables . Mag Mount Antenna and cable . GPS Receiver $8,491.62 ea. MasterUNK Vehicle Reading System (less Laptop) Includes: . Data Collection Software . Vehicle Reading Software w / "Moving Maps" . 3G Teclmician Software . DMMR Transceiver and cigarette lighter plug . Comrn cables . Mag Mount Antenna and cable . GPS Receiver $5,438.98 ea. MasterUNK Jett Handheld Reading System Includes: . Jeff Handheld Computer . Charging Cradle and power cables . Comrn Cables . Vehicle Reading Software . 3G Technician Software . DMMR Transceiver and cigarette lighter plug . Comm cables . Vehicle Cradle & Charger . Mag Mount Antenna and cable $6,564.21 ea. Page 8 of8 EC-10-2008 10'45A FROM: TO'4072952455 P.l ACORD ~ CERTIFICATE OF LIABILITY INSURANCE DA TIIMMlac.rtvYv) 12/1012008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA ION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENq DR ALTER THE COVERAGE AFFORDED BY THE POLICIES BE W. ,I\OOUCIft Tony RU8allnBurance Agency. Inc. 2576 S. French Avenue Sanford, Fl. 32773 ItoIBUIt'BP Municipal Water Works, Inc, 3028 Morey Drive Orlando, FI. 32808 INSURERS AFFORDING COVERAG E UR NautlJualCrum Ins. Services ER B' Auto OWnens Insurance INSURER c: RD: lNst..rfleRE: NAIC. COVERAGES THE POlICIES Of INSURA.NCe liSTED BELOW HAVti BEEN ISSUED TO THe INSUREO NM1EC ABOVE FOR THe POLICY PERlOO INDfCA1ED. NOTWJTHSTAftJ~Q ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE!O OR MAY' PERTAIN, THE INSURANCE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS. EXCLUSiONS ANO CONDITIONS OF 'UCH POUCIES. AGGREGATe LIMITS SHOWN MAY HA.VE BEEN REDUCED BY PAID ClAIMS. .~ ... ~ II'OLICYNUM.... POLICY l'fiCTlVI POUCY IXPIMTSON UMIT8 ~NBU.L Ul.ILITY EACH OCCUA,.ENCE . 1 000 ODD; A X COMMEACIAlOEJ4ERALLI>\UIlITY NCtW1040 12/07/2008 12/07/2009 A"" RENTED I, 50 ODD. I CLAIMS MADli 00 OCCUR EXP"." one .... 1000. ~ HIREOINON OWNED AI PEMSONAL & Ami INJURY I, 1 ODD ODD, GENERAL AOGJlEGATB I, 2 ODD 000. r- PRODUCTS. CDMPIOP AQG . 1 ODD ODD. C=r~AQG:nE toUT "Pr~r PER: POLICY PRO- loe ~ OMOBIL& U4BlLITY COMBINEO SINGLE LIMIT . B r- ANY AlTrO 47-335-624-00 08-09-2008 OB-09-2009 U~.lIcddMltJ rx All OWNED AlTrOS SDOllY INJURY . 100,000. SCHEDULED AUTOS \P.............J r.- HIRED AUTOS BODILY INJUJlY . 300,000. .... NON-OWNED AUTOS (P.rIlCClClllrIll r- r- PROPERTI' DAMA,GE. I (l'.rM:Ckl.....l R~..LIA.'''..... ....UTO ONLY. EAACCIOENT ANfAUTO OTf.lER THAN EAACl; I, AUTO amy; ,.. . &JIiCElIlSIUMIUlRLU UAR1LJTY EACH OCCURRENCE I P.OCCUR 0 CL^!M5 MADE AGGREGATE . . 8 DEDUCTISLE! I. RETENTiON , . : woltKlRa CQMPlNIlAT10N ANti ~~Ill'~N~1 I"J.\" IiMPL.OYur W..IUTY I. N4Y PROPRIC1'ORtPARTNEFl/EXECVTI'JE. E.L. EACH ACCIDeNT OFFICERlMEMBER EXCLUDEO? ,E.t.,J)L$.I!ASEi_o EA EMPLOye i. ~6~1, delCftb. una... "... e.,L.DISEASI!-POLICYlIMrr . OTMI" 112-07-2009 Coveroge $217,000. $1,000 dodo A Bualneee Peraonaf Property NCB41040 12-07-2008 WlndDtoml & Hell $8 51~. Oe8C"IPTlON 01" OP&MT10Ne I LOCAllONI/V5H/CUI / IIXCLUIlONI ADOID IV RNDOJtIIMlHT IIPaetAL ""OVlSIONS Certificate holder Is named ae addrUonallnaured with ",spset to GunuralllabllJty CERTIFICATE HOLDER CANCEUATION Collier Country Soard of County Commlsslonur8 3301 Tamlaml Trail, foot Naples, Fl. 34112, 'HaULa "JrtYOPTlt. ".ov. OalJC"IIlI!O I"CUCIII:lIBII'C",.CItL.LBI:I ..I'O".THIII!Xl"IMTlON DAn nte'UIOl'. TIll It'UlNtllNlll/ftU WILl. SNDiAVCR TO MAlL. .1L D"YI WRihSN NOTICeTOTll8CIIITlICATBHO RNAMEDTOTH!lErT,BU11'AJl..I.1R.I!TOCOeO"'Allo lTY 01' ANY KIND UPoN THIINSUf't!!1\, ITS 1.01.... Oft ACORD 26 (2D01/0B) <ll ACORD CORPORATION 998 ACORD~ CERTIFICATE OF LIABILITY INSURANCE PRODUCER Alliance Insurance Solutions LLC PO Box HT7 SI Petersburg, FL 33731 727-497-1247 www.lns4biz..com Progressive Employer Services VI, LLC 6407 Parkland Drive Sarasota FL 34243 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlotl ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTlFICATE DOES NOT AMEND, EXTEND otl ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO INSURERS AFFORDING COVERAGE NA1C# INSURED COVERAGES INSURER A; S INSURERS: INSURER c: ~$URER 0 INSURER E: u<a THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED lOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDIOO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ~ MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCI-l POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEE:N REDUCED BY PArD CLAIMS. .... :::~. POwey FEcnvE PoLICY EXPIRATION - POLICV NUM8ER ".ITS ~ERAL LIABIUTY EACH OCCURRENCE . ,- p~ERCIAL GENERAL LIABILITY PR , . r- Cl.AJMS MADE 0 OCCUR MED EXP (Any on. penon . "- PERSONAl & ADY INJURY . - GE~ERAL AGGREGATE . ~'LAGG~nUMIT APASPER: ~~.,..S - COt.!PIOP AGO . .POWCY ~~,Q;: LOC ~TO"OBILE LlABIUTY COMBINED SINGLE LIMIT . AIiY AUTO (E..ocidel'll) l- I- ALL OWNED AUTOS aOOll Y INJURY (P'lrplJrlon) . I- SC~DULEO AUTOS -~ -- HIRED AUTOS BODILY INJURY . ~ NOfll.QWNED AlJTOS (P.racddent) PROPERTY DAMAGE . I IP.raccidltl1l) ~AAAGE "A'''''Y AUTO ONt y. EA ACCIDENT . ANY AUTO OTHER THAN EAA.CC . "'UTa ONLY: AGG . p~SS(\JMBReLLA I.lABILfTY EACH OCCURRENCE . OCCUR 0 CLAIMS MADE AGGREGATE . 1-- . R ~EOUCTIOLE . .. ReTENTION . . A WORKERS COMPENSATION AND LJlSirlI~Ns I .lIO~fi.. EMPLOYERS' LlABIUTY WCPEOOOOOQ0603 10/2012008 111/2009 1 nnn.Q~ ANY PROPRIETORIPARTNERfEXECUTIVE WCPEOOOOOOO604 1/1/2009 11112010 ..E_,_L. E~CH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ~9~SfASE "fA EMPlOYEE $ 1 ~mSl~I~MS"t~NS holow E,L, DISEASE. -POLICY LIMIT . 1 OTHER DI!SCRIPTlON OF OPERATIONS I LOC",TIONS I VEHICLES/ EXCLUSIONS ADDeo BY ENDOR5EMEKT / SPECIAL PROVISIONS State of FL Cover,,;e Only Coverage Provide for all Leased Employees but not Subcontractors of: Municipal Water Works, Inc. I CERTIFICATE HOLDER 8285 COLLIER COUNTY 3301 TAMIAMI TRAIL EAST NAPLES FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CA,HCELLED IIEFORE THE EXP'lRATIO" DATE THEREOF, THI!: ISSUING INSURER WILL ENDEAVOR TO MAIL --.3.0....:. DAYS WRITTEII NOTICE TO me CERTIFICATE HOLDER NAMED TO THE LEn. BUT FAILURE TO DO 50 SHALt IMPOSE NO OBUOATION OR LlABJLITY Of' ANY KIND UPON THE INSURER. ITS .....GEmS a. *10 Day, for Non.Payment of Premium . REPRElIENTATlVES. AUTH0R2EOREPRESEHTA~ ~f!.;1!:1J~ CERT NO 41&9040 CLlDoIT COP!,;, ~ESV Vir9'irdil Proftltt ..hon., Do laslilak 1_941_9:15_2990 12/10/20')1 0,4(1,32 Ip;-ceM:D 25 (2001108) ~ ACORD CORPORATION 1988 'T-\ ___ exY\ \(;0 A G R E E MEN T 08-5038R for Automatic Meter Readin~ System THIS AGREEMENT, made and entered into on this _ day of 2009, by and between Ferguson Enterprises, Inc., authorized to do business in the State of Florida, whose business address is 380I Prospect Avenue, Naples, Florida 34104-3713, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a: Purchase Order. The County may, at its discretion and with the consent of the Vendor, renew the Agreement under all of the terrns and conditions contained in this Agreement for three' (3) additional one (1) year periods. The County shall give the Vendor 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 Vendor shall provide Automatic Meter Reading Systems in accordance with the terms and conditions of RFP #08-5038R and the. Vendor'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'; Vendor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are.: authorized. .' 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, per Exhibit A together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in, compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government:: Prompt Payment Act". Page I of? 4. SALES TAX. Vendor 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 Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Ferguson Enterprises, Inc. 3801 Prospect Avenue Naples, Florida 34104-3713 Attention: Jeff Walbert, Operations Manager Telephone: 239-643-4970 Facsimile: 239-643-4945 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in , writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating' a partnership between the County and the Vendor or to constitute the Vendor 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 Vendor. 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 Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor 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 Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the: Vendor. Page 2 of? 8. NO IMPROPER USE. The Vendor 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 Vendor or if the County or its authorized representative shall deem any conduct on the part of the. Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor 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 Vendor 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 Vendor 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. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to,i race, sex, color, creed or national origin. 11. INSURANCE. The Vendor 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 Vendors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory.) Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County 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 Vendor during the duration of this Agreement. Renewal" certificates shall be sent to the County thirty (30) days prior to any expiration date. ., Page 3 of7 There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Vendor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor 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 Vendor or anyone employed or utilized by the Vendor 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 ColIiet County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Water Department. 14. CONFLICT OF INTEREST: Vendor 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. Vendor 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: Vendor's Proposal, Insurance Certificate, RFP #08-5038R, Exhibit A. 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 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, J the Vendor is formally acknowledging without exception or stipulation that it is fully Page 4 of7 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 Vendor 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. 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. 20. 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. 21. 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. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 23. 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 Vendor 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 Vendor with full decision-making authority and. by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement must be brought in the appropriate federal:' or state courts in Collier County, florida, which courts have sole and exclusive; jurisdiction on all such matters. 24. KEY PERSONNEIJPROTECT STAFFING: The proposer's personnel and management. to be utilized for this project shall be knowledgeable in their areas of expertise. The: County reserves the right to perform investigations as may be deemed necessary to' insure that competent persons will be utilized in the performance of the contract. Page 5 of? Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience; and (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by 1m authorized person or agent, hereunder set their hands and seals on the date and year first aboVe written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Donna Fiala, Chairman Dated: (SEAL) Fer~son Enterprises, Inc. Vendor By: First Witness Signature Type/ print witness name Second Witness Typed signature and title Type/print witness name Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney Page 6 of7 -, , Exhibit A Price List 3/4" M35 Low Lead, Bronze Bottom, ADE ORION Integral Pit Data Profile Transmitter $170.44 1" M55 Low Lead, Bronze bottom, ADE, ORION Integral Pit Data Profile Transmitter $180.92 1-1/2" M120 Elliptical, Low Lead, ADE, ORION Integral Pit Data Profile Transmitter $ 299.20 2" M170 Elliptical, Low Lead, ADE, ORION Integral Pit Data Profile Transmitter $ 368.45 ORION, Universal Pit Data Profile Transmitter $ 76.50 ORION Mobile Meter Reading System Includes the following which will be given to Collier County if Ferguson/Badger is awarded: No Charge . Panasonic Toughbook Laptop . Receiver . Power Cable . Antenna . Ship Container . ORION Reading Software with Leak Detection . NA VTEQ Mapping Software . RSSI Mapping Software . ORION Data Profile Viewer Software with Download Cable . Badger Trimble Ranger Handheld with internal ORION . READCENTER Reading Management Software o Receiver and Charging Cradle . 3 Days On-Site Customer Training . Billing Interface Charges Associated with Conversion to ORION The annual maintenance cost for Orion Panasonic Mobile Laptops which include: Meter / Distribution Pipe Leak Detection and Auto Geo Mapping $3000.00 annually. Annual maintenance cost for our Trimble hand held processors is $720.00 annually. All Badger Service Agreements are FREE of CHARGE for the first year. There is no charge for interfacing to Collier County's billing system of choice. Page 7 of? ACORD~ CERTIFICATE OF LIABILITY INSURANCE Page 1 of 4 12/0";('2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 817-945-7378 PRODUCER Williu RRB 26 Century Blvd. P. O. BOx 305191 Na.hvill~. TN 372305191 INSURERS AfFORDING COVERAGE NAle# tNSURtD re~guBon Knterpr1Bes, Inc. and SubBidiar1ea (S.e Attached Named Insured Schedule) 12500 JetferBOD Avenue Newport News, VA 23602 ,_I_~_S'!_~~~~~~lI~~~__~_t:_~~__ ~~~'7.!:_~~-=.!~y_~___ 23909-00~ INSURER~: ~ation",_~n Fire ~n..!.:....E~~_~f Pittllbur 194415-000 _~~~ERC. N~_w HaAP.2'.~!__I~.!.~~'7-~~_ ______ 23~:.OO;;Z ~~~~ ~~~~~~~t~on.l So~~~ le.ur.cc. Co 40258-001 I"'SUR(RE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO nlE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR OD' . -.-._-~ ~_. '-'--"~~4CYEf~~ POLICYEXPiRATlONI - ----~- .__._---~ lTR N-SR TIPE OF INSURANCE POLICY NUMBER DATE MM 0 DATE MM/OPIYY . LIMITS A X .E.!:NERAL UABILrTY 1871848 18/1/2008 8/1/2009 f--~~~H OCCURRF~~___~__~__._JlQJl...JtQJ4 OAII4AGf;TO RENTFD X COMMFRCIM GENERALUABlllTY PRE'....ISE~E~oocurance) _ _;~___.J.,9"Q_Q...QQL --] ClAIMSMIlJ)E [i] OCCUR MEOCXP(Anyo""pcrso<1j is _J&L.9_9.L , -- PERSONAL & AOV INJURY , ~___.JH~_O_._.oQQ....;. -, - -~ - ------_..~ ~ENE';~.AGGRE~TE , 5 ,.0 P_P-<_QQ_L ~N'llAGGRr~AT.E LIMIT APn ;ER PRODUCTS - COMP/O;> AGG , 2 OOQ...,_Q9.~ POLICY "I j~RT lOG B AUTOMOBILE LJABIUTY AOS 1607707 8/1/2008 8/1/200' I 1 COMBINED SINGLE LIMIT , 5,000,000 B X I>.NYAUTO ;MA 1607708 8/1/2008 8/1/2009 (Ea8cc.dl:f,t) ,- ~_.~- A ____ ,o.uOWNEOAUTOS VA 1607709 8/1/2008 8/1/2009 I BOflILYINJURY , B SCHEOIJlEO "UTOS OR 1607731 8/1/2008 8/1/2009 ' (Pa, p<lf'W~) --~--,-" -- 1------------- .."- HIREO"UTOS 1I0DILYINJU"lY t -"- NON-OWNED AUTOS I ~. IP\!racc,d"nl) - _?f Self-Insured . 'pkOP"'Rrv DAMAG~ I' X physical o~---;------! (Pera.ccid"nl) ~rG' u.."" ~!t!__O_O~l y- t-!' ACCID_~NT 1~_ ,n_,..~ , _ ANY AliTO OlHt:RTHAN EAACC ~__ ~.._. --- , AU100NlY AGG , I ElCESSII,IMBRElUlU",SIUTY ~CH ~.E:JRREN_l?E~__ j-----$~- , ,_OJ OCCUR o CLAIMS MADE ~.9..f'1~~~:!!__. - --.- , - ,~"-j , -----~ ==1 DEOUCTIBlE -- ------- , ----, RETENTION , I , WORKERS COMPfN5Jl.TION AND ~/1/200B 8/1/:2009 I ;J:~STATi'}.,1 OTH_ ~-.J C EMPlOYERS'lIABIU1'l' AOS 1872151 It _L_!.JJMI S '" D ANY PROPRIETORIPARTNERlEXEClfTtVE iAOS 1872152 8/1/2008 8/1/2009 E.L EACllACCIDENl , _2....QQ.Q.....OOO_ ; OFFK;ERlMEMBER EXCLUDEO" !Jd~!.~~Si..:_~ EMPLCl~~F !-.--.b...Q.9..Q....QQJL; ~~~CI~~~~~~NS beiQw E.l. DISEASE. POLICY liMIT ,$ ? 000 _ 000 OlliER , I DESCRIPTION OF Of'(RA, TIONSIl OCA TIONSNEH1CLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS See Attached for Additional Workers' Compensation Policies: CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TItE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE EXPIAATlON OATE THEREOF, THE ISSUING INSUREII' WilL ENDEAVOR TO MAIL~~ DAYS WRITTEN NOTICE TO THE CEIl.TlFICAn: MOLDER NAMrn TO THE lEFT, QUT FMLURE TO DO SO Sll.A,LL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS DR Collier County Board of Coun~y CommisBione~s 3301 Bast T~j&mi Trail Napl~B. FL ]4112 ACORD 25 (2001/08) Co11:2554117 Tpl:809614 willis CERTIFICATE OF LIABILITY INSURANCE Page 2 of 4 om PRODUCER 877-945-7378 12/04/2008 THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Williu HRB J6 CeQtury Blvd. P. Q. Box 305191 NaShville, TN 372J051~1 : INSURERS AFFORDING COVERAGE I NAle# INSURED IN~!:!~f.~~,!~nit:. S_~.!t. InllunpE~ _COJllPany ;;lJ809:~O INSURERS: Nllt~_~~l_UnJ.on Fire IDII....:..-_~~...~itt!1)ur 1~.U5-000_ INSU~!,~C,_.~~amp.!~_.!!l~uuIloe <;~__~_ 4JB'1~OO:.l" INSURER.~~E..~c::.!~.1~t:.!.~at;ional ~(';l~th IJlIIUnD~O 4J?:;ZSII-OOl lNSLJRERE: DESCRIPTION OF OPl!.RA. TIOMSIlOCA TIONSNEi'lIC lESlEXCLUSIONS ADDEO S'l' ENDORSEMENT/SPECIAL PROVISIONS Ferguson Znterpri~es, Inc. and Subllidiarias (See Attached Named Igsured Schadulal l~SOO Jef~erucQ Avenue Newport New., VA 23602 we Policy No. 1872151 {Front pagel - AK, AL, AZ, co, DR, lA, ID, ME, MI, MN, MT, NH, NJ, NV, NY, RI, UT, VA, VT, WV WC Policy No. 1872152 (Front Pagel - AR, CT, DC, GA, HI, IL, IN, KS, KY, LA, MD, MO, MS, NC, NE, HM, OK, PA, SC, SD, TN Workers' Compensation - CA Policy No. 1872153 carrier: Ins. Co. of the State of PA Policy period: 08/01/2008-2009 Statutory Limits: EL Each Accident $2,000,000 EL Disease Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 : Workers' Compensation - FL Policy No. 1872154 Carrier: New Hampshire Insurance Company Policy period: 08/01/2008-2009 statutory Limits: EL Each Accident $2,000,000 EL Disease Each Employee $2,000,000 EL Disease ~ Policy Limit $2,000,000 Workers' Compensation - MA Policy No. 1872155 Carrier: Ins. Co. of the State of PA policy period: 08/01/2008-2009 Statutory Limi ts: EL Each Accident $2,000,000 EL DiseaB8 Each Employee $2,000,000 EL Disease - Policy Limit $2.000,000 " Workers' Compensation - WI Policy No. 1872156 Carrier; Illinois National Insurance Company Policy Period: 08/01/2008-2009 statutory Limits: EL Bach Accident $2,000,000 EL Disease - Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 , Workers' Compensation - TX Policy No. 1872157 Carrier: New Hampshire Insurance Company policy Period: 08/01/2008-2009 Statutory Limits: EI. Each Accident $2.000,000 EL Disease - Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 " workers' Compensation - OR policy No. 1872158 Carrier: Ins. Co. of the State of PA Coll:25S4117 Tpl:B09614 Cert:11743972 ...-_.... --..-.--.-.'-.., PRODUCER 877-945-'13'18 OATE 12/04/2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. williS CERTIFICATE OF LIABILITY INSURANCE .age 3 of · Willis BRB 26 Cectllry alvd. P. O. 50X 305191 '''UREO-~:::::~' ~::<F:~~::'::~ ... 'ub';d~---~::::R~::~~.~~;'-~~:~:;:~:~~~~- (See Attached N/UlIod In_urecl Schedule) ~.!! , .' . 12500 JeUer_oll Aven\le ~Y"SURER~~~.~ilI~~-="~ In~~~__,?f P1.tt~bur Neotp<;>J;t New". VA 23602 INSURER~w R........E.~h~r1>B\,l.r~C~_~<;>mp...~___ .!.N$U_RER 2 American. !~~,,:,==-n_~tio~!.~ _~~1;.J::-1.~\l.:~E:.!.-C:o NAIC# 238.!!...9':"p~ UH5-000 238~ 40258 001 INSURERE OESCRlPTlOH OF OPl'RATIONSlLOCATIOJofS/VEHICLES/EXf;;LUSIOH5 /lIDDED BT ENOORSJ;;MENTlSPECIAL 1"kOVJSlONS Policy period: 08/01/2008-2009 Statutory Limits: EL Each Accident $2,000,000 EL Disease Each Employee $2,000.000 EL Disease - policy Limit $2.000,000 Collier County Board of County commissioners are Additional Insureds on the General Liability policy as their interest may appear. ' , , " , Coll:2554117 Tpl:809614 Cert:11743972