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Backup Documents 09/15/2009 Item #16D 4 '.. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1604 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si nature, draw a line through routing lines #1 throu #4, com lete the checklist, and forward to Executive Mana er on (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. Executive Manager Board of County Commissioners oJ 11'1 N fY\ tTc HeLL 2. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above need to contact staff for additional or missing information. All original ature are to be delivered to the BCC office onl after the BCC has acted to a rove the item.) occf Phone Number Agenda Item Number is 2cQ' Number of Original Documents Attached ~ Number of Original ~ Documents Attached Number of Original Documents Attached a Number of Original Documents Attached ~ Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from yi contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is a plicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to the Executive Mgr. in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporat d i the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05, Revised 2.24.05 1604 I MEMORANDUM DATE: September 18, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #09-5266 Contractors: Sweeper Man, Superior Lawn, Ecosystem Tech and Caribbean Lawn Enclosed, please find five (5) original, referenced above (Agenda Item #16D4) approved by the Board of County Commissioners on Tuesday, September 15, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures . ;..' 16D4 A G R E E MEN T 09-5266 '-' ';)-,..... ~ -.., - for . , ~ .. Lawn Care Maintenance for the Neighborhood Stabilization Program THIS AGREEMENT, made and entered into on this 15th day of September 2009, by and between Sweeper Man of SW Florida Inc., authorized to do business in the State of Florida, whose business address is 8012 Kansas Road, Fort Myers, Florida 33967, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNE S SETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on September 15,2009, and terminating on September 14, 2010. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide lawn care maintenance for the Neighborhood Stabilization Program in accordance with the terms and conditions of RFP #09-5266 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Quotes will be obtained from all five (5) Contractors awarded Agreements for each project. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Page lof6 'I. - ~.. -.~. ..----.-,.-.-.--- --~ '" 1604 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Richard T. Downare, President Sweeper Man of SW Florida Inc. 8012 Kansas Road Fort Myers, Florida 33967 Telephone: 239-466-5158 Facsimile: 239-466-5663 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.s., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 2 of6 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any Jr9n a ~ use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page 3 of6 16 D4 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Health and Human Services Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #09-5266 and Specifi- cations/Scope of Services. 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 Page 4 of6 1604 from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENT AL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of6 1604 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ::LLIERfI::LOk Dwi t E. Brock, Clerk of Courts ','. k Donna Fiala, Chairman Sweeper Man of SW Florida Inc. Contractor ----. ~.O.J), L~1J BY~-=:> ..~ Fir t Witness Signature )me L.I'>t2-f:\ iLAr-.D tTy~namet ----:' ~.&;5> ~ /A-f; P~~~~f / ~cond Witness Typed signature and title ~//-t,,", f..../Ce...... tTypejprint witness namet Approved as to form and legal sufficiency: ~~ . Assistant County Attorney CDUeet1 &Yee JA.-1L Item # Jai Print Name Agenda ~tJ?) Date Page 6 of6 ~ 1604 I ACQ8f),. CERTIFICATE OF LIABILITY INSURANCE O:JrE~!':l I DAT~~;~D;'~~) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlor ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Atlass-Merri tt Island HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Oleander Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Cocoa FL 32922 I Phone: 321-459-9905 Fax: 321-459-3.~~9.. _ i INSURERS ~FFORDlNG COVER~GE NAtC # .__ INSURED . I !~'SU~ERA Lloyd I s of London I ----'---'-C__ . -- n__. _ I nH_ ___ '~.SU.~ER 3: . Sweeperman of S. W. Florida ~SL'''E''C, ; _n. .._ Tab ~ Karen Downare u.__. _.._.._ __ _._, 8012 Kansas Rd. .~SURE~D: Ft. Myers FL 33912 .'n __. ; n____ :~,Sl'RER ;;: COVERAGES THE PO~I::IES OF INS:J~ANCE LISTED BELOW HAVE BEEN ISSU=-D TO THE INSURe') NAMED ABOVE FOR THE POLICY PERIOD INDICA ;ED. NOTWITHSTAND!NG ANY REQ:JIREMENT, -:-ERM OR. CONDITION OF ANY CON,RA'::;T OR OTHER DOCUMeNT ',..VITH RES?ECT TO WHICI-' THIS CERTIFICATE MAY BE (SSUED OR MAY PERTAIN. Tf:E INS.JRANCE AFFORDED BY THE POLICIES oEseR/SED HEREIN IS SUBJECT TO AU THE ERMS, EXCLUSIONS AND CONDITIONS Or SUCH POLICiES. AGGREG!I.TE LIMITS SHQ''/IiN MAY HAVE BEEN REDUCED BY ?AID CLAIMS I~rri%~?;~ H -- -TYPE OF INSURANCE-" -- POLlCY>MlBER PD9.,~~r,f~fD"o~E : i>gk~EY(~~b~'N~~N .--- L;~;;TS i GENERAL LIABILITY i I OACr' OCCJR".ENCE I S 1 , 000 , 000 Iii ~"~~AC,t= 'UKd~IED . .- , A I X X C8M;,'ERCA'_GENE~ALLI~81L1lY 378413 05/31 09 i 05/31/10~'EliISES(E.O="'!lce\ 15100,000 ~ CLAIMS I,IAC~ ~ OCCJR I ~"E~EP iAny 0118 perscn) .. S. 5.'.0. 00_ .____ I i ~.r-;A~&~CVI,~J~RY __~1,900,OQ.q_ I _ ___... .H __ I GENER.AL.~Gv.R~G"T~ Is 2,000, 9.,o._() _ I GEN'_ AGGRE3.ATE Ufo.1IT A~PLlES PE.~: ;'>ROD'JCTS _ COMPiOP AGG I s INCLUDED I - P~L-" PRe- ~X ~~ .-. I . ! ....: ,,---Y I ~::=CT 1 L............ I AlITOMOBILE L1ABILllY I ' CCJ.13L~D ~INaE _IMIT I s : AI\'Y j.,U-O ! lEa 3ccdert., : . . i i i -- ;------- ..-H___ ~ AL:" O.Nt\ED ALTOS I I BeDtlY IN....IJRY ! ~ : i SCHE:JULEC AU"l"OS (F~r pE'son~ ' ..., I----i .. _ .___.___ ...... _._ __ I I r.KED AU~OS BOOIL Y IN.U.~Y t----il .p ." t. S ! ,I\"Oi\I-O"Nf\ED ALTOS I :. oraccl.JGn J r--: ; ,-- . ..- I -. _.J .-.--.. I I P.~OPERTY :),'.MAG~ S , ! i! ~ Per Gcclde n~) ~~AGE L1ABIUTY A_UTO CJ:-JLY _ EA AC~IJE~' . S I 1___: ANY :~t.. TO I O:-;-JE;:\ 7H.yi\l ~:~AC? . S ; AU~O ON~ Y: AGG I S EXCESSIU~,mRELLA UABILllY ;;ACI.: OO;;.JR~EN;;~ i S ------' OCCIJ~ = ClJ>.II..1SI...,',D" l~,GGRc?A~ 1-;..- ._.-.-~ . ,D~L;JCTleL= I ~----- ! }- j j RETE~TION $ II' l .~.. -. I $ .. . , I WORKERSCOMPE:-JSATIDNAI':D ; . !7b;n.'L'rC:~-~' I 10l~-~ ~MPLOYERS' LlABILlTY '._ .' ____ ___ ANY ;JRCPRI:='TO~.''PAR:-.'-,JERft;XECLTIVE: ~_~,C.~.ACCI!)ENT_.. . S on ..._ O_ooICSR.'MEMBE" ,,:<CUDO':J? E.L. DISEASE _ EA a,IPLCYEE S I~ J,'E'!5 d~scri:Je U:ldc;'" ... . ._ ___ SPECI;-.L PROV SiONS ~(;IQ"v\,' . E.L O!S~.SE . POL:CY LIMIT S; OTHER I! I i I i DESCRIPTION OF OPERATIOr-.:S I LOCATIONS r VEHICLES I EXCLUSIONS ADDEO ElY ENDORSEroIENT I SPECIAL PROVISIONS Street Sweeper Services 1996 Elgin 1FDXH70C7TVA14183 and 1997 Elgin IFDXH81CXVVA20080 Collier County Board of Commissioners is named as additional insured for General Liability Contract #09-5266 "Lawn Care Maintenance for the Neighborhood Stabilization Program" CERTIFICATE HOLDER CANCELLATlON SHOULD ANY OF THE ABOV~ DESCRIBED POLICIES 8'" CANCELLED BEFORE THE EXPIRATIO~ DATE THEREOF. THE ISSUING INSURER WILL E~DEAVOR TO MAIL 30 DAYS WRITTEN Collier. Coun ty Board of NOTICE TO THE CERTlFICATE HOLDER '1A~1EDTOTHE LEFT. BUT FAILU;:;;'O DO SO SHALL COmmlss~oners 3301 Tamiami Trail East ER,ITSAGE~'TSOR Naples FL 34112 REPR~SENTAYIVES. ""- AUTHORIZED REPRESENTATIVE Russell Jamieson ACORD 2S (2001/08) 16D4 IMPORT ANT If the certificate holder is an ADDfTfONAL INSURED, the policy(tes) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Jul 20 09 04:14p MARK ACKERMAN STATE FARM 16204 I '-/...""'1" ~ CERTIFICATE OF INSURANCE l~lolll......cr , . I I SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM TiE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY A Y POLICY DESCRIBED BELOW. I !8l STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ,hiS certifies that: o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois I o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas I o STATE FARM INDEMNITY COMPANY of Bloomington, rIIinois, or ! o STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois I lias coverage in force for the following Named Insured as shown below: ~AMED INSURED: SWEEPER MAN OF SWFL. ADDRESS OF NAMED INSURED: 8012 KANSAS RD. FORT MYERS FL 33912 pOLICY NUMBER 777-9520-D07-59A 541 7589-i'U2-59C 689 5961-C30-59A 697-5695-E19-59 E;FFECTIVE DATE OF POlley 04/07/09-:0/07/09 07/12/09-01/12/10 03/30/09-09/30/09 05/19/09-11/19/09 I 96 Fore Tank QESCRIPTlON OF 1FDXH70COSVA32006 94 E'ORD::700 Truck lHTSC_4BNOYH252636 95 For CR7000 1FDXK74CSRVA23842 :FDYR82E1TVA07574 V,EHICLE (Including VIN) 2000 IntI Sweeper SHeeper LIABILITY COVERAGE [gj YES DNO !8l YES DNO IZI YES ONO t8J YES ONO LIMITS OF LIABILITY g, Bodily Injury I Each Person 1 Million 1 Million I i Each Acddent 1 Million 1 Million ti Property Damage I ! Each Accident 1 Mill ion 1 Million c. Bodily Injury & ! Property Damage ; Single Limit , Each Accident 1 MILLION 1 MILLION 1 Million PHYSICAL DAMAGE [gIYES DNO l'8l YES DNO t8J YES DNO !8l YES DNO GOVERAGES cI. Comprehensive $ SGO Deductible $ 500 Deductible $ 5~C Deductible $ 500 Deductible : t8J YES DNO l'8l YES DNO !8l YES DNO [8J YES ONO ~. Collision $ sea Deductible $ 500 Deductible $ S:;C Deductible S 50C Deductible I EMPLOYERS NON-O\NNED t::.---:----- DYES !Xl NO I nYES rg] NO DYES [8J NO ~AA lIABILITY COVE'3^~ DYES igJ NO I ,- I --- HIRED CAR LJA31L1TV I 0 YE ~ lXJ />.-- DYES ~NO I DYES iZJ NO DYES k8;1 NO COVEPJ\GE t:) l2Sl . JU I i fiLl;l;:T - COVEPAGE reOR i I L ~LLOV\iNED"..NDUCENSED I [J YE'" [gj' UYES !29 NO I DYES \29 NO DYES l3J NO i MOTOR VEHICLES I;;;' I. . NO J ...1 1'" "r\ /"~ t ; , A' L-/ .- "'" · I 1 J . () 11 J .~ ~ 1''1 ~I/ ,},1,l.~ l1J!_ ~ 1'l~.J _,"',!!" !\."L'''.j',-' 'Jlt11 87/20/2009 ,." \l lL. U V'J.: .........\-Yl...t' ~Jrl/ ~Lo</$~ , Lu'"n... L . v.... Signahire of Authorized Representati'4V n I , ~. TitH:. --- Agent's Code Number Dale ------ N d A . . - -.'- HI. I J.../ A...QJrN;..........- I U. "d . . ..ame an ddress ot ce~~!.e._ 0 del' ~. .. .. - IT - I Name ana 1>.0 ress or .u.~~u q__ I ~~~~~~~i~~t~~~~tj J'?tb~~l.ql ."_eke ::m.;:l[l insu:C3.rlce TI'1el\CY Tnc I 3301 T2.:niami Trilil Sa:=:,= I State 1:"nn . , , ~idples, Fl 3~1l2 i 7320 3anibel Blvd I ! ;::i~()r-t- !'-\'Y~1'~I FL J3967 Ii! I ! I i I , I INTERNAL STATE FARM USE ONLY: 0 Request permanent C;rtrticate''c;flnsurance for liability coverage. Aug 25 09 10:36a MARK ACKERMAN STATE F,l;,Rl\:l Pi 6 D II ITA11 flU...... a @@ CERTIFICATE OF iNSURANCE IN1\J~"'tH:~, SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLOER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 OAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE OOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLlCY DESCRIBED BELOW. This certifies that: !29 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas o STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or o STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: SWEEPER MAN OF SWFL. ADDRESS OF NAMED INSURED: 8012 KAKSAS RD. FORT MYERS FL 33912 POLICY NUMBER 302-8404-~31-59J EFFECTIVE DATE OF POLICY 05/31/09-11/30109 DESCRIPTION OF VEHICLE (Inc:uding VIN) ENOL LIABILITY COVERAGE [ZI YES DNO DYES DNO DYES DNO DYES DNa LIMITS OF LIABILITY a. Bodily Injury Each Person Each Accident b. Property Damage Each Accident I I c. Bodily Injury & Property Damage Single Limit Each Accident 1 M:::LLION PHYSICAL DAMAGE DYES DNa DYES DNO DYES DNO DYES DNO COVERAGES a, Comprehensive $ Deductible $ Deductible S Deductible $ Deductible DYES DNa DYES DNO DYES DNO DYES DNO b. Collision $ Deductible $ Deductible S Deductible $ Deductible EMPLOYERS NON-OWNED 1SI YES DNO DYES DNO DYES DNO DYES DNO CAR L1ABlLlTY COVERAGE . HIRED CAR LIABILITY 1SI YES DNO DYES DNO DYES DNa DYES DNO COVERAGE FLEET - COVERAGE FOR ALL OWNED AND LICENSED DYES [gJ NO DYES DNO DYES DNO DYES DNO MOTOR VEHICLES AGENT 2701 08/25/2J09 Title Agent's Code Number Date Name and Address of Aaent Collier Coun::.y Ac~erman Insura~ce Agency Inc. Purchasing Department Stc.ce Farm 33J1 Tamiami Trail East 7320 Sanibel Blvd >:a.~J. eS r FT.J 34112 Fort Hyers I FL 33%7 INTERNAL STATE FARM USE ONLY: 0 Request permanent Certificate of Insurance for liability cOllerage. 122429.3 Rev,07-26-20C5 0 Request Certificate Holder to be added as an Additional Insured. Aug 25 09 10:22a Sweeper Man 239-466-5663 p'16/D IJ . S/25f2DD9 09:5! Lion Insunmce LION INSURANCE COMPANY~SWEEPER MAN OF , CERTIFICATE Of LIABILITY INSURANCE Oa~c: 8125/2009 Praducer: Lion Insurance Company Tltls CertIficate Is Issued as a llliItter of Information only and confers no rights 2739 U_S, Highway 19 N. ..pon the CertjflCil te Holder. T iris Certlflcalr does not.. mend, extend Dr al~er Holiday, FL 34591 tl1e COV"r.lge afforded by tl1e policies below. 727 -938-5562 Insurers Affording Coverage NArC -it Insured: South East Personnel Leasing, Inc. InSlJ(er k Lion In<urllnc,, Companv U075 2739 U.S. Highway 19 N. Insurar B: Holiday, FL 34691 Insurer c: 'nsurerO: In surer E: Coverages Too prnc esof ill!:wance lisled bela,.., have 09811 issued to 'he I1Sl100 nalnr:wd 000v& tor tie pol qrpeliod indi:at9 d.. NJ~ths1:andilll3fJ{ raqvireme~.larrn or conditioll-ot arrp'cl:1r1t"ect or artier docu:nBntoMtll (espect to Y'ff"Jd1 lhls cerljllcele mavbeissue.d or rn~ pmEin,1:he. illSUJ6lI:ce ella'ded by lI1e pclicies describ8d I1creill is Sl.bja<:t to etflh'3 tenns, exclusior\s~aoo conditioffi af 5lIchpalcias_ Aggrege.e 5mits st"tmi<<l ma,t have been reci.Kec:by paid datms. NSR AOOL Type of Insurar.ce Policy Number Policy Effeelive POlicy Expiration Date Limits Lm I'lSRO Dale {MMlDDIYY) (MMfODIYY) GENERAL LIABILITY Each OocurrencE! $ - Commerr::iaJ General Liability Damage to root,a IYemlses ("€A : ::J Claims Made 0 Occ.... OCClrre.-x:e} - ~18~ E><I> - Perscmal Adv Injury $ 3eneral aggregate limit applies per: :J Pole,! o Project o LOC GenOflll Aggr"9.t. $ PradtJC1S . CompIOp Agg $ iAUTOMOBILE LIABILITY CorntmruJ Sif1!J~ Limi: ..... Nrt AUO (EA Acddel1l) i- All Owned Auto:; Bodi~ triur; i- (Pel PBlSOO) $ Scheduled Av10'i "- tired }l.l1.OS Bodl~IIri",Y i- H()..OwI1~d Aut<>S (Pm AcciGefl11 $ - Pro,e"'/ D8r1l896 (Pe' Acciaenll $ EXCESS/UMBRELLA LIABILITY Each Oc0HJ'8nCe ~ Cowr o Claims Mad a Aggragf1te Ceductitf€ A Workers Compensation amI we 71949 01/0112009 ()1/01J2010 X I we StZllu- I I OT!+ Employers' LlaDility Ie rv Limits ER Any propr~IOt/partnerjexeeutiv" officer/merriler E, L. Each Accid ""~ Si,OOO.JOO ma:luded? E.L. Dis..""..- Ea Employee $1.000,JOO If Yes, describ<> UndN speci.1 p,ovislons below. E,L. Oi.e....- Policy Limls Si,OOO,JOO Olher Lion Insurance Company Is A.M. Best ComlMny rated A- (Excelfent). AM8 # 12616 Oescrlptions of OperatlonslLocatlonsNehlcleslExcluslons added by End(JrsemenllSpecial Provisions: C60:nt 10; 37-66-489 Coverage only applies to active employee(s) of South Easl Personnel Leasing, lne, that are leased to and working for the fullowing "Client Company": Sweeper Man ofS.W. FL. Coverilge only applies to injJries incurred by South East Perscnnel Leasing,lnc. active employee(s) ,,,,hIe working in florida. Coverage does not apply to statutory errQJloyee(s) or independent contractor(s) of the Client Company or my other entity. A list of the active employee(s) leased to the dient Company can be obtained by 'axing a requesl to (727) 937-213EJ Of by caning (727) 938-5562. FAX: 239-466-5663 & 239-252-6697 (ISSUE 07-20--09 (TO) I REISSUE 08-25-09 (SD) 8eQiro D1:>le 5i91200S CERTlFICI\TE HOLDER CANCELt.AllON COLLI ER COUiIlTY SOARD OF COUNTY ShoofdQI"f'/ 01 the C1~ oo.saitoo policl ~5 00 cooceUl3d baJora the e:<pirdion date lh&f8ol, ~he issuing jnsLJrerl\;U endsz.c<l 10 mail 30 da....swriUBnnotic8 10 the certifrcatehddern::o-edlQ the 1el1 bUl '01;:1..1'0 to c'ososhag imJostJ no COMMI5S:CNERS, NAPLES. FLORIDA obliQ<3rion or liabilt')' of on," k'nd;.lpon tha- iflSl'Jr<<f", irs agents Cor mprf3'iBntarU.I8'3 . , 3301 TAM INA I TRAIL EAST ~ --/~ NAPLES FL 34112 /-" 16D4 A G R E E MEN T 09-5266 for Lawn Care Maintenance for the Neighborhood Stabilization Program THIS AGREEMENT, made and entered into on this 15th day of September 2009, by and between Superior Landscaping & Lawn Service Inc., authorized to do business in the State of Florida, whose business address is 2200 NW 23rd Avenue, Miami, Florida 33142, hereinafter called the "Contractor" 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. The contract shall be for a one (1) year period, commencing on September 15, 2009, and terminating on September 14, 2010. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide lawn care maintenance for the Neighborhood Stabilization Program in accordance with the terms and conditions of RFP #09-5266 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Quotes will be obtained from all five (5) Contractors awarded Agreements for each project. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Page lof6 ," _ 1,___ . ~ -"- 16 D4 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Orlando Otero, President Superior Landscaping & Lawn Service Inc. 2200 NW 23rd A venue Miami, Florida 33135-0095 Telephone: 305-634-0717 Facsimile: 305-634-0744 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 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 Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 2 of6 1604 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page 3 of6 1604 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Health and Human Services Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #09-5266 and Specifi- cations/Scope of Services. 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 Page 4 of6 1", fJ l( j from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of6 1604 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, FLORIDA By: Donna Fiala, Chairman . Superior Landscaping & Lawn Service Inc. By: " O~TT p~snamet Ol\tAAlOO OrB~o / Fh.fS'()~1 Second Witness Typed signature and title 7)At/// j{.~n,.,. r .... tType/print witness namet Approved as to form and legal sufficiency: ~--&~~ Assistant County Attorney -- ":rL fJ ~ \ rt..~ (3.. ~ "-'\ \ ,<- Item # LloJ)~ Print Name Agenda ~p5j Date I Page 60f6 A CORQM CERTIFICATE OF LIABILITY INSURANCE 8 11 2009 PRODUCER Phone: 305-445-3535 Fax: 305-447-9478 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hub International Fortun ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 365 Palermo Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Coral Gables FL 33134-6607 INSURERS AFFORDING COVERAGE INSURED INSURER A: WR BERKLEY CORP Superior Landscaping & Lawn Service, Inc. INSURERB: Wesco Insurance Com 2200 NW 23rd Avenue Miami FL 33142 INSURERC: Travelers Insurance INSURER D: INSURER E: 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 ~~~~ POLICY NUMBER PJlk{~1ri~~g8~E Pg1!fJI~~~N LIMITS LTR A X ~NERAL LIABILITY PSPOO06407-00 11/7/2008 11/7/2009 EACH OCCURRENCE $1 000 000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES lEa occurence) $100 000 I CLAIMS MADE IX] OCCUR MED EXP (Anyone person) $ 5 000 f-- PERSONAL &ADV INJURY $1 000 000 I--- GENERAL AGGREGATE $2 000 000 ~'LAGGREGZlE LIMIT APPLIES PER: PRODUCTS. COM PlOP AGG $2 000 000 POLICY X jW-i n LOC Pesticide/Herb 1 000 000 B X AUTOMOBILE LIABILITY WPP1011946-00 11/7/2008 11/7/2009 COMBINED SINGLE LIMIT - $1,000,000 lL ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) f-- eX- HIRED AUTOS BODILY INJURY $ elL NON-OWNED AUTOS (Per accident) . I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ '=j ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ C X ~ESS!UMBRELLA LIABILITY QK06502023 11/7/2008 11/7/2009 EACH OCCURRENCE $ 5 000 000 X OCCUR D CLAIMS MADE AGGREGATE $5 000 000 $ 8 DEDUCTIBLE $ X RETENTION $10 000 $ WORKERS COMPENSATION AND I T~g~:'iI#~ I IOJ~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $ If yes. describe under SPECIAL PROVISIONS below EL. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is named as an additional insured with respect to the General Liability. Re: Contract #09-5266 "Lawn Care Maintenance for the Neighborhood Stabilization Program" CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Collier County Government BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL <30> DAYS WRITTEN NOTICE TO THE 3301 Tamiami Trail, East CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Naples FL 34112 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE/'Y &-~" ACORD 25 (2001/08) ORD CORPORATION 1988 16 04 J. ACORD.. CERTIFICA TE OF LIABILITY INSURANCE OPID JL I DATE (MM/DDIYYYY) SUPER-8 08/11/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Marketers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2600 Doug1as Road Suite 712 ALTER THE COVERAGE AFFORDED BY THE POLICIES BEl.OW. Cora1 Gab1es FL 33134 Phone: 305-442-9507 Fax: 305-447-8527 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A The Hartford Ins Cos of SE INSURER B: NAIC# 38261 Supe~ior Landscaping & Lawn INSURER C: ServJ.ces, Inc. P.O. Box 35-0095 INSURER D: Miami FL 33135 INSURER E: COVERAGES 1HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 1HE INSURED NAMED ABOVE FOR 1HE POLICY PERIOD INDICATED. NOlWl1HSTANDING ANY REQUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR 01HER DOCUMENT WITH RESPECT TO WHICH 1HIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, 1HE INSURANCE AFFORDED BY 1HE POLICIES DESCRIBED HEREIN IS SUBJECTTO AlL 1HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR( TYPE OF INSURANCE POLICY NUMBER DATE CMMIDDiW't' "[5kW: (MM/DD/YY) LIMITS GENERAl LIABILITY EACH OCCURRENCE $ - COMMERCiAl GENERAL LIABILITY PREMISES (Ea occurence) $ - :=J CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ f-- GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ IJ POLICY n j'f& n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f--- $ ANY AUTO (Ea accident) ~ AlL OWNED AUTOS BODILY INJURY ~ (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY f--- $ NON-OWNED AUTOS (Per accident) f--- - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ==1 ANY AUTO OTHER 11-IAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X ITORY LIMITS I lon-I- ER A EMPLOYERS' LIABILITY 21WBN01877 12/01/08 12/01/09 $ 1000000 ANY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1000000 If yes, describe under $ 1000000 SPECiAl PROVISIONS below E.L. DISEASE. POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Contract#09-5266 "Lawn Care Maintenance for the Neighborhood Stabi1ization Program".Coverages are subject to the terms, conditions,deductib1es and exc1usions as shown on the p01icy.*10 Days notice of cance11ation for non paymen t of premium. CERTIFICATE HOLDER CANCELLATION COLLICO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, 1HE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN - NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL COLLIER COUNTY GOVERNMENT IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON 1HE INSURER, ITS AGENTS OR 3301 TAMIAMI TRAIL EAST NAPLES FL 34112 REPRESENTATIVES. [)oRE RESENTATIVE ACORD 25 (2001/08) @ACORDCORPORATION1988 A G R E E MEN T 09-5266 16 D4 for Lawn Care Maintenance for the Neighborhood Stabilization Program THIS AGREEMENT, made and entered into on this 15th day of September 2009, by and between Ecosystem Technologies, Inc., authorized to do business in the State of Florida, whose business address is 2223 McGregor Boulevard, Fort Myers, Florida 33901, hereinafter called the "Contractor" 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. The contract shall be for a one (1) year period, commencing on September IS, 2009, and terminating on September 14, 2010. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide lawn care maintenance for the Neighborhood Stabilization Program in accordance with the terms and conditions of RFP #09-5266 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Quotes will be obtained from all five (5) Contractors awarded Agreements for each project. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Page 10f6 1604 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Benjamin C. Jones, Vice President Ecosystems Technologies, Inc. 2223 McGregor Boulevard Fort Myers, Florida 33901 Telephone: 239-337-5310 Facsimile: 239-337-4494 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 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 Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page20f6 1604 ""'.; 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page 3 of6 16D4 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #09-5266 and Specifi- cations/Scope of Services. 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 Page 4 of6 16D4 from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor . 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. Page50f6 160q IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COYrTY, FLORID~ Dwi' ht E.Brock, Clerk of Courts 1jJ~ d~ oCR~Jr By: Donna Fiala, Chairman ~EAL) ,t .. a. a.. 1f?n~tl,W. ........ . . - (.)1ft I. Ecosystem Technologies, Inc. ~Ru-~ By: First Witness Chaf \<.,,~ Rv..fY\ph ~tn&~ '(flJ \0 M. Tont's I .J..) Pre.~. Second Witness Typed signature and title 0\1z.0L- D~ tTypejprint witness namet Approved as to form and legal sufficiency: t~~ IloD~ Assistant County Attorney Item # ColJeen G-reerUL Agooda 'i'~ Date _. Print Name ~~, . Oepu f Page 6 of6 t~ " '''.''U9'. .._.,..."".........,."~,.~......, "or" ~ From:ALAN WILLIAMS ASSOC 239 418 1219 08/17/2009 10:39 #176 P.001/001 16Dh ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DWYYYY) 08/11/2009 PROOUCER (239)418-1100 FAX (239)418-1164 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alan Williams & Associates Insurance Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 13700-1 Ben C. pratt/ ALTER THE COVERAGE AFFORD,ED BY THE POLICIES BELOW. Six Mile Cypress Pkwy Ft.Myers, FL 33912 INSURERS AFFORDING COVERAGE NAICIf. INSURED Ecosystem Techno 1091 es Inc. INSURER A: Ameri can Fi re & Casualty 24066 2223 McGregor Blvd INSURER B: Fort Myers, FL 33901 INSURER c: F: 239-337-4494 1M INSURER 0: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDI 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 Sl POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY P.IIIO CLAIMS, LTR NSR[ TYPE OF INSURANCE POUCY NUMBER DATECMMIODfYYYY DATE iMMIDDfYYYY UMITS GENERAL UABIUTY BKA52666540 10/16/2008 10/16/2009 EACH OCCURRENCE $ 1,000,00 '"X COMMERCIAL GENERAL LIABILITY ~~E'MiS'Es 'tE~';;~;ence) $ 100,00 I-- :J CLAIMS MADE 0 OCCUR 10,00 MED EXP (Any om' per."n) ~ A 7 Contractual Liab. PERSONAL o!. ADV INJURY $ 1,000,00 I-- 2 000 00 u.... _< nh__n...__........... nn__....__ __ ____n....____h________ __ -----------__--___0.___0.." GENERA~AGGREGATE $ ....-.. ------- ------- f-- - GEN'L AGGREGATE LIMIT APPLIES PER PflOOUcrs . COMP/OP AGG ~ 2,000,00 II POLICY n jf~T n LOC AUTOMOBILE LIABILITY BAW52666540 10/16/2008 10/16/2009 COMBINED SINGLE LIMIT f-.,.- $ X ANY AUTO (Ea accident) 1,000,000 f-- ALL OWNE:"D AUrOS 80DIL Y INJURY f-- $ SCHEDULED AUTOS (Par person.1 A 'X HIRED AUTOS BODIL Y I>!JURY 'X $ NON-OWNED AUTOS (Pcr ecclconl) I-- I-- PROPERTY DAMAGE $ (Pcr accldont) GARAGE LIABILITY AUTO ONLY. Ell. ACCIDENT $ R ANY AUTO OTHER THAN Ell. ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA UABIUTY US052666540 03/09/2009 03/09/2010 EACH OCCURRENCE $ 3,000,000 [!J OCCUR D Cl!\IMS MADE AGGREGATE $ 3,000,000 A $ ~ DEDlICTIBLE $ X RfTF.NTION $ 10,OO() $ WORKERS COMPEN3ATION I TOR-7I.IMtfs I IVE~' AND EMPLOVER3' LIABILITY Y I N ANY PROPRIETORJPARTNERiEXEGlJTIVD F..L. FACH AGCIOF.NT $ OFFICER/MEMBER EXCLUDED? (111AndRtOl)' In NH) EL DISEASE. EA EMPLOYE $ ~~~I~t~~~S"~~6NS below E .L. DISEASE. POLICY LIMIT $ OTHER BK052666540 10/16/2008 10/16/2009 See policy schedule ~ommercial Property A ~nland Marine $250,000 Rented/Leased Equip $500 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS -o11-ier--C-ounty-- Board--o'fnCounty--(onmiss; oners-.-are--named--as--addi-ti-onal---; nsured--with--re5peCt!5m--m ___________________n_ h<_____ o general liability. evised 8/17/09 "{'lO dav.. of .1 at: ion for Non- D@r FI CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRA n DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .l.2.... DAYS WRI'TT1:N Collier County Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHAL Purchasing Department-Purchasing Building IMPOSE NO OBUGATlON OR UABlUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Attn: Ray Carter REPRESENTATIVES, 3301 Tamiami Trail East AUTHORIZED REPREseNTATIVE L~-:Z;~- NaRles, FL 34112 Jeff Williams/PL4 ACORD 25 (2009f01)FAX: 239.252.8048 @1988.2oo9ACORDCORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD 16 D4 ~ IMPORTANT If the certificate holder is an ADOITIONAL INSUREO, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVEO, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) Au g , 1 2 ' 2009 8:34AM No.7611 ACORDrar CERTIFICA TE OF LIABILITY INSURANCE PROOUCER THIS CERllFICATE IS ISSUED AS A MATTER OF INFORMAllON Risk Concepts Corporation ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERllFICATE DOES NOT AMEND, EXTEND OR 410 43rd Street West Suite N ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bradenton FL, 34209 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Soullleln 1;8gre Insurance company Administrative Concepts Corporation INSURER l!: L10ydB of London AA-1122000 406 43rd Street West INSU~ER c: Aspen Reinsurance AA.1120337 Bradenton FL, 34209 INSURER 0: Max Re Bermuda AA.3190829 INSURER E: Ody6&ey Re 23680 COVERAGES THE POL-Ieres OF INSURANCIi: LISTEO BELOW HAve al;EN ISSUEO TO THE INSURED NAME ABOve FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT IMTH RESPECT TO INHICH THIS CE~l'l"ICAYE MAYBE ISSUEO 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 SHO\MII MAY' HAVE BeEN ReOI,iCEO BY PAID CL.AlM$. INSK ADD'L POLICY EFFECllVE po~ ,:"'RATION LTH INSRO Type OF IN$URANClO POI.ICy NUIIBE~ DATE'MMlDDfYYI DATE MfDDIYY\ UMITS OENERAL UABIUTY EACH OCCURRENCE $ f-- COMMt:I<CIAL GEN!:FlAL LIABllITV PREMISES CEa llCWITe,,,,,,) 5 I-- :J Cl.I\lMS MADE DOCCUR !.lED F.XP (Any on" parson) $ I"- PERSONAL & ADV INJURV $ f-- GeNeRAL AGGRCGAT!: $ - GcN'L AGGREGATE LIMIT APPLIES PER: PROOUCTS-COMPIOJ' AGG 5 IF nJRO- nl F'(IlICY Jl::CT lOC AUTOMOBlLr;: UABlUTY COMBINED SINGLE LIMIT - (Ea acciderol) $ ANY AUTO - ALL OV\.NEDAUTOS eODrLY INJVRY - $ SCHEDULED AUTOS (I""'~) J-- HIRED AUTOS BODtL Y INJURY J-- $ NON.{)VVNEO AU'fOS (P.... acc;idenl) f-- f--- r'ROJ'ERTV DAMAGE $ (Per accldeIlll GARAGJ; LIABILITY AUTO ONL YEA ACCIDCNT $ =1 ANY AUTO OTHF.R THAN EA ACC $ AUrOONLV' ACG 5 EXCESSlUMBReLUl LIABIlITY EACH OCURRENCE 5 ~ OCCUR D CLAIMS MADE AGGflEGA'rE $ $ R DEDUCTIBLE $ RETENTION S $ A I-\()HKERS COMPENSATION AND X I T~~~~~I~S I IOT~ EMI'\.OYERS'lIABlLITTV WC0272682.QO 01/01/2009 12/31/2009 AH( PROPRlETORJPARTNERJE:XECUTlVE H EACH ACCIDENT $ 1 ,000,000 00 OI=I=ICERlMEMBER EXCLUDED? E.L, DISEASE-lOA EMPLOY[C S 1,000,00000 If Y"., de8C11D& under E.L, DISEASE.POLICY UMIT S 1,000,000.00 SPECIAL PROVISIONS below u..,!:... PlUM note lliat SOIIttlem Eagle Illliurance ComJlilny hill n:in$urcd ih Ii;lbilitil:$ in ~ Of $260,000 ~nd., the poliCies of BC Workers Compensation in&urancc li&tcd a~ with the undlllWriIl:l$/i5tcd A- or better It the lime Of Placement of such reinsutllnc::e, Sucl'1 reln!ll.lrance DE Excess Coverage are &ubjld Iv their own terTn$, ~ondition$ and limits, ThiS is for inlo,maliQn81 purposes and 001l\In9 sllaJl creBte any nghl under SUCh reinsut'lnee.s, DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES f &l\Cl.U$tONS Apt!tip 8'1' IONOORSEMliNY I SPleIA\. PROVISIONS Effective: 07/2212002 021900 Coverage is extended to the leased employees of alternate employer (Florida OperatiOns Only): Ecosystem Technologlos, Inc. DISCLAIMER: This Certificate of Insurance dOes not constitute a contract between lhe issuing insufer(s), aulhorized representative or proQl,II;:er, and the certificate holder nor does it aftirmitivelv or neaativelv amend exte!nd or alter the QClver8Qe afforded bY'the DOliciesli&tBd therBOn. CERTIFICATE HOl.DER CANCELLATION Collier County Board of County Commissioners IjHOUI.O ANY OF THE ABOVE OESCRleEO POLICIES BE CANCELLED BeFORE rHE E)(~IJolAf ION DATE THEREOF, TIlE ISSUING INSURER v.tLL ENDEAVOR TO MAJL~DAYS Wl'lITTEN Steve Camell, Purchasing! GS Director NOTICE TO 1HE CERTIFICATE HOlDl1H NAMeD "OlHE LEn, OUT fAILURE TO 00 SO SHALL 3301 Tamiami Trail East IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND urON THE INSllREl'l, IT6 AGENTs OR Naples FL, 34112 REPRESENTATIVES, AUTHORIZED REPReSENTATIVE "9 \)J... ~. Fax#- (239) 252-6584 ' ........-............ \ ..... ~- ACORD 25 (2001/08) 444 - 20090811 @ ACORD CORPORATION 1988 16011 A G R E E MEN T 09-5266 for Lawn Care Maintenance for the Neighborhood Stabilization Program THIS AGREEMENT, made and entered into on this 15th day of September 2009, by and between Caribbean Lawn & Garden of SW Naples FL., Inc., authorized to do business in the State of Florida, whose business address is 3307 Desoto Boulevard S., Naples, Florida 34117, hereinafter called the II Contractor II 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. The contract shall be for a one (1) year period, commencing on September IS, 2009, and terminating on September 14, 2010. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide lawn care maintenance for the Neighborhood Stabilization Program in accordance with the terms and conditions of RFP #09-5266 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Quotes will be obtained from all five (5) Contractors awarded Agreements for each project. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Page 1 of6 16 D4 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Maria C. Caraza, Vice President Caribbean Lawn & Garden of SW Naples FL., Inc. 3307 Desoto Boulevard S. Naples, Florida 34117 Telephone: 239-455-7278 Facsimile: 239-455-7645 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 2 of6 16n4 ~ 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page30f6 1604 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Health and Human Services Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #09-5266 and Specifi- cations/Scope of Services. 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 Page 4 of6 1604 from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of6 16 D4 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLI ER CO TY, FLORIDA By: ~ ~~ Donna iala, Chairman j/J CaribbeanJrawn & Garden of SW Naples, FL, Inc. conV~lI f:/y)d~o fu~0, By. l/ ~ First Witness ./ ~AaiD C A ~{(6 / Si9~ (YJ Ihi; 1/ 'j},fA 211 Type/Print Witness Name Typed Signature ~ ~,,-(j~ ~( -f ~J{fJ / ~ itness Title 20rJ{)jdh &;120 Type/Print Witness Name Approved as to form and legal sufficiency: 0~AA- ~ Assistant County Attorney ,. -------1 ~ 1 C9u I ~ ,te,,,#!@i , ~ . \1 Agenda :i.hft O{1 ~ ; :; ~k ~ ~ , ~! Of'r~, ~C1 ~~ l h~,1Y t Page -9- i: ., l~...... - =.~~.'I'.. 16 D4 ..... ACORQ" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 8/21/2009 PRODUCER Phone: 239-939-1010 Fax: 239-939-7172 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tim Shaw Insurance Group Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR email: certificates@timshaw.com ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4091 Colonial Blvd Fort Myers FL 33966 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:North Pointe Insurance Co. 77740 Caribbean Lawn & Garden of SW Naples, Inc INSURER B: PO Box 990866 Naples FL 34116 INSURER c: INSURER 0: INSURER E: 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. I~i~ ~~r: POLICY NUMBER POLICY EFFECTI VE P~~$~Y EXPIRATION LIMITS A GENERAL LIABILITY 3093000279 4/4/2009 4/4/2010 EACH OCCURRENCE $1 000 000 - ~~EMISES IEaoccurencel x.. 3MERClAL GENERAL LIABILITY $100 000 - CLAIMS MADE [x=J OCCUR MED EXP (Any one person) $5 000 PERSONAL & ADV INJURY $1 000 000 - GENERAL AGGREGATE $2.000 000 - GEN'LAGGREGATELlMIT APnS PER: PROOUCTS . COM PlOP AGG $2 000 000 Xl POLICY n ~~8T LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ AN Y AUTO (Eaacddent) f-- ALL OWNEDAUTOS BODILY INJURY f---- $ SCHEDULEDAUTOS (Per person) f---- f-- HIREOAUTOS BODILY INJURY (Per accident) $ NONDWNED AUTOS f---- f---- PROPERTY DAMAGE $ (Per accident) GARAGE L1ABI L1TY AUTOONLY- EAACCIDENT $ R ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ ~ESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ $ =1 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~2~Ift]Ns I IOJ~- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ~~~~I~t:PI\'6~I~NS below E.L. OISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SP ECIAL PROVISIONS 'ERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY COVERAGE SHOWN ABOVE; FOR NY WORK PERFORMED BY THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Collier Country Board of County BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE Commissioners CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 3301 Tamiami Trail E. SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Naples FL 34112 THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE .'.'~{:~~~.{~~::~%~l,~,t:_, ACORD 25 (2001/08) @ACORDCORPORATION 1988 . IMPORT ANT If the certificate holder is an AODITIONAL INSUREO, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVEO, subject to the terms and conditions of the policy, certain policies may requ ire an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) T-200 P,OOl/001 F-l11 OB-14-2009 01:20pm From-PE49B2 16nll ''''.fll ,..... .., CERTIFICA TE OF INSURANCE lI.."u..t~ SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYs PRIOR WRlITEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: [8J STATE FARM MUTUAL AUTOMOBilE INSURANCE COMPANY of Bloomington. illinois o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas. or o STATE FARM INDEMNITY COMPANY of Bloomington, Illinois has coverage in force for the fol/owing Named Insured as shown below: NAMED INSURED: CARIBB~ LAWN Ii GMOEN ADDRESS OF NAMED INSURED: PO BOX 990866, NAPLES. FL 34116-6046 POLICY NUMBER '162 0632-F25-59A 666 6442-D03-59 640 3292-D22-59B EFFECTIVE DATE OFPOUCY 06/25/09-l2125/09 04/03/09-10/03/09 04/22109-10/22/09 DESCRIPTION OF FLEET (5 05 FORD VEHICLE (InCluding V1N) VEHICLES) RANGER LIABILITY COVERAGE ~YES DNa &J YES DNa 18I YES DNO DYES DNO LIMITS OF LIABILITY a. Bodily Injury Each Person Each Accident 2 MM CSL l MM CSL 2 MM CSL b. Property Damage Each Accident c. Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE [g] YES ONO t8J YES oNO 1ZI YES DNO o Yl:s ONO COVERAGES 8. Comprehensive $ 500 Dedualble $ 500 Deductible $ 500 Deductible $ Deductible rB:l YES DNO ~YES DNa 18I YES DNa DYES DNO b. Colfision $ 500 Deductible $ 500 Deductible $ 500 D\!ductible $ Deductible EMPLOYERS NON.OWNED DYES l:81 NO DYES DNa DYES DNO DYES DNa CAR LIABILIty COVERAGE HIRED CAR lIAB/L1lY DYES I8J NO DYES DNa DYES DNa DYES DNO COVERAGE FLEET - COVERAGE FOR AlL CMmED AND UCE;NSED lZJ YES DNO r8I YES DNa DYES DNa DYES DNO MOTOR VEHICLES //)/1 ~ C AGENT 2598 08/14/2009 ' //Vf/V" Signature of Authorized Represenll1!ive Titre Agent's Code NUmber Date Name and Address of Certfflcate Holder Name and Address of AQent COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BRIAN A. GLAESER 3301 TAMIAMl TRL E 7385 RADlO RD SUITE lO4A NAPL~S, FLORlDA 34112 NAPL~S, FL 3~104 INTERNAL STATE FARM USE ONLY: 181 Request p81lTJanent Certificate of Insurance for liability coverage, 122429.2 Rev. lle.10.2004 ~ Request Certificate Holder to be added as an Addillonellnsured. 19.rn ~" ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE. MMfDDIYYYY) 7/30/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Intego Insurance Services, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2000 winton Rd South HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Rochester NY 1461B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (BBB) 2B9-2939 (BBB) 289-2988 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Twin Ci tv Fire Insurance Compa 29459 Caribbean Lawn & Garden of SW Naples FL Inc INSURER B: 3307 Desoto Blvd South INSURER C: Naples FL 34117 INSURER D: I INSURER E: 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. I~i~ ~~~; POLICY NUMBER P~H~\~~~~gm:= PgkW,~~~Z!9,N LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ - 13M MERCIAL GENERAL LIABILITY ~~~~~~J9E~~~~nCe) $ - CLAIMS MADE D OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ ~'L AGGREAE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ POLICY ~~R.,: LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) f---- f---- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) f---- f---- HIRED AUTOS BODILY INJURY $ I NON-OWNED AUTOS (Per accident) f---- - PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ OESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 02WEGAA376B 6/4/2009 4/9/2010 I T~Jm,~;, I IOJ61- EMPLOYERS' LIABILITY 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS {LOCATIONS {VEHICLES {EXCLUSIONS ADDED BY ENDORSEMENT {SPECIAL PROVISIONS CONTRACT #09-5239 ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE VENDORS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Collier County Board of Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3301 Tamiami Trl. E. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, Naples FL 34112 AUTHORIZED REPRESENTATIVE tfittit &tr.:wl_._ I I ACORD 25 (2001108) @ACORD CORPORATION 1988 Page 1 of 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D " THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's signature, draw a line throu h routin lines # I throu h #4, complete the checklist, and forward to Executive Mana er on (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Executive Manager Board of County Commissioners .,fro/Oj 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above need to contact staff for additional or missing information. All original documents needin the BCC Chairman's si ature are to be delivered to the BCC office onl after the BCC has acted to a rove the item.) Name of Primary Staff L L~(,o~ Phone Number ;:,;) 4>~. ' Contact V\ Agenda Date Item was S-" Agenda Item Number I~.D. A roved by the BCC ( S- 20() Type of Document G (\'k...c-r Number of Original d Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ropriate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, JOp resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's '1l(~ Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is ap licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to the Executive Mgr. in the BCC office within 24 hours of BCC ~{C( approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on q- I S-. 0 Cf (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. I: Forms/ County Forms/ BeC Forms/ Original Documents Routing Slip WWS Original 9.0304, Revised 1.26.05, Revised 2.24.05 16DlJ i MEMORANDUM DATE: September 18,2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #09-5266 Contractor: Hannula Landscaping & Irrigation, Inc. Enclosed, please find one (1) original, referenced above (Agenda Item #16D4) approved by the Board of County Commissioners on Tuesday, September 15, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures 1604 A G R E E MEN T 09-5266 for Lawn Care Maintenance for the Neighborhood Stabilization Program THIS AGREEMENT, made and entered into on this 15th day of September 2009, by and between Hannula Landscaping and Irrigation, Inc., authorized to do business in the State of Florida, whose business address is 28131 Quails Nest Lane, Bonita Springs, Florida 34135, hereinafter called the "Contractor" 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. The contract shall be for a one (1) year period, commencing on September 15, 2009, and terminating on September 14, 2010. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide lawn care maintenance for the Neighborhood Stabilization Program in accordance with the terms and conditions of RFP #09-5266 and the Contractor1s proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Quotes will be obtained from all five (5) Contractors awarded Agreements for each project. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Page 1 of6 16nJ, ~. . 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Dale F. Hannula, President Hannula Landscaping and Irrigation, Inc. 28131 Quails Nest Lane Bonita Springs, Florida 34135 Telephone: 239-992-2210 Facsimile: 239-498-6818 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 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 Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 2 of6 1604 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page 3 of6 .1604 ~ Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Health and Human Services Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #09-5266 and Specifi- cations/Scope of Services. 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 Page 4 of6 16 nh f from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of6 16D4 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above wri tten. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COU TY, FLORIDA Dwi . e:.~~<;k,_~lerk of Courts "\), ~ ' , I- ", :~ - ..,. By: . 0.", " ,_ Dated:/: Donna Fiala, Chairman . ("',,2-) '..-(SEAL)):' . r~"_ 1:,\"" . .,'. 'tud IS' to'..cae,.... . , ,i"'~icMi>. '. ~ . Hannula Landscaping and Irrigation, Inc. Contractor ~tn~ !Iday By: (]:tIif~J " Signature lTYiC!. de~ tT e print witness net poJe r: rtaJ1I1t.JCL -7ye..St/)evtT Typed signature and title (fJWI\~~ -~At.ta( tType/print witness namet Approved as to form and legal sufficiency: ~~}JtJ~ Assistant County Attorney CoI leen (5r-ee YL1L Print Name Page 60f6 1604 Cllent#: 33375 HANLA1 ACORDfll CERTIFICATE OF LIABILITY INSURANCE I DATe (NMlODIYYYY) 06/22/09 PRODUCeR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance.lnc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Goodlette Road North HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Naples, FL 34103 -3303 239 261-3646 INSURERS AFFORDING COVERAGE NAlC# 11l8u/te;D INSURfRA: FCCl.lnsurance Company Hannula Landscaping & Irrigation, Inc. ItlSURER 8: 28131 Qualls Nest Lane INSURER 0: Bonita SprIngs, FL 34135-6930 INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDlCATEO. ,",'OlWIlHSTAND1NG ANY REQUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE lNSUAANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONomoNS OF SUCH POLlClt:S. AGGREGA.TE LIMITS SHOWN MAY HAve BEEN REOUCED BY PAID CLAIMS. B TYPE; OF INSllAAIICE POLICY HUMBER POUC EfFECTIVE P EXPlllAnON UMlT$ E A ~NERAL LIABILITY Gl.OO067391 01113/09 01/13/10 EACH OCWRRENCE $1.000 000 X. O'J.ERCIAl GI:NERAL UA8lUTY OAMAGETO RENTEO $100.000 - ClAIMS MAOE [jJ OCCUR !.'.EO EKP (Any OM JlIIlOIl) $5.000 II PO Ded:1.000 PERSONAL & ADV INJURY $1.000.000 GEIlERALAGGREOATE $2.000 000 ~m.AGG~UMIT APnIPER' PRODUCTS - COMP/Of' AGO $2.000.000 POLICY ~R-r LOC A ~ToMoBILe L!A81LITY CAOO100451 01l13{09 01{13/10 001.l91:-1EO SINGLE liMIT $1,000,000 ~ AAY AUTO (Ea a<<l<Ianl) I-- ALL O'M'lEO AUTOS Boo1L Y INJIJRV $ SCHEOUlED AUTOS (P$t person) I-- ~ HIllEO AUTOS 800lL V INJURY $ ~ NON.OWNED AUTOS (Per a~cIen1l PROPERlY OAAlAGE $ (per a<<ldenl) RRAOI! L1ABILnV AUTO ONLY - EA AcCIDENT $ AAY A\frO OTHER mr: EAACC $ AUTO ONl : AGO $ OESSlUl.!BRELlA LIABIliTY EACH OCCURRENCE $ OCCUR 0 CWMS MADE AGGREGATE $ $ R DEOUCTIBLE $ RETENTION $ $ A VlORKERS COMPENSATION ANO 001WC08A40029 01/01/09 01/01/10 X IT~J!~T!:!;,I IOJ~' EMPLOYEll&' LIABILITY E.L. EACH ACClDSl1' $500 000 Nff Pll.OPRlETOIIIPARTNERlEXECUllVE OFFlCERlMEMBEA EXClUDEO? E.L. D1SEASI:. E!A EMPlOYEe $500 000 ~~~Mt=~~s t<llow e.L OlSEASE. POUCY UMIT $500 000 OTHER DESCRlpnOll 01' OPERATIONS/ LOCATIONS I VEHICLES ,EXCLUSIONSADOEO BY ENOORSEMENT , SPECIAL PROVISIONS Collier County Board of County Commissioners are named as Additlonallnsured as respects to General L1ablllty per form CG2033 07.04 & CGL021 04/03. CERTIFICATE OLDER CANCELLATION Collier County Board of County Commissioners Purchasing Department 3301 East Tamlaml Trail Naples, FL 34112 ACORD 25 (2001/08) 1 of 2 #S3609621M347570 CAH 0$) ACORD CORPORATION 1988 I 1604 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED. the pOllcy{les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In Reu of such endorsement(s}_ If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s}. DISCLAIMER The Certificate of Insurance on the reverse side of thIs form does not constitute a contract between the IssuIng Insurer{s}, authorized representative or producer, and the oortlflcate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policIes listed thereon. ACORD 25-S (2001/08) 2 of2 #S360962JM347570 16 D4 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following: , COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured Is amended to B. With respect to the Insurance afforded to these I Include as an additional insured any person or or- additional Insureds, the fO!lowlng additional exclu- ganlzation for whom you are performing operations slons apply: i. when you and such person or organization have This Insurance does not apply to: agreed In writing In a contract or agreement that 1. "Bodily Injury", "property damage" or "personal i such person or organization be added as an addl- and advertising Injury" arising out of the render- i tionaJ Insured on your policy. Such person or or- I' ganlzatlon Is an addltlonal Insured only with re- Ing of, or the faBure to render, any professional i , spect to liability for "bodily InjurY', "property architectural, engineering or surveying ser- i damage" or .personal and advertising Injury" vices, Including: I caused, In whole or In part, by: a. The preparing, approving, or falling to pre- I 1. Your acts or omissions; or pare or approve, maps, shop drawings, I opinions, reports, surveys, field orders. i 2. The acts or omissions of those acting on your change orders or drawings and speclfica- i behalf; tions;or In the performance of your ongoing operations for i b. Supervisory, Inspection, architectural or 1 the additional Insured. engineering activities. j A person's or organization's status as an addillonal 2. "Bodily Injury" or "property damage" occurring ~ Insured under this endorsement ends when your after: i operations for that additional Insured are com- a. All work, IncludIng materials, parts or i pleted. t equipment furnished in connection with 1 i such work, on the project (other than serM t vice, maintenance or repairs) to be per- l formed by or on behalf of the additional in- ! sured(s) at the location of the covered i ! operations has been completed; or i b. That portion of "your work" out of which the i injury or damage arises has been put to Its I Intended use by any person or organization I other than another contractor or subcontrac- t tor engaged In performing operations for a i i principal as a part of the sam a project. ! I i I I I I I I I i 1 i I j CG 20 33 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 0 I j ! 1604 COMMERCIAL GENERAL LIABILITY CGL 021 (04 03) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS _ SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE rameOf Person or Organization: I (If no entry appears above, information required to complete this endorsement will be shown In Ihe Declarations as appllcable to this endorsement.) Who Is an Insured (Sect/on II) Is amended to Include as an insured Ihe person or organization shown In the Schedule, but only wilh respect to your negligent actions which cause liability to be Imposed on such person or organization without faull on Ihe part of said person or organization. as a result of .your work" performed for that insured. , CGl021 (04 03) Includes copyrighted materlal of ISO Properties, Inc., with Its permission. Page1of1 i i I