Backup Documents 06/09/2020 Item #16C2 (Florida Paints & Coatings, LLC)ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V C 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with
the exception of the Chairman's si ature, draw a line through routing lines # 1 throu #2, complete the checklist, and forward to the County Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1. Risk
Risk Management
�
6 F.
2. County Attorney Office
County Attorney Office
42,
4. BCC Office
Board of Countyb�
Commissioners
4. Minutes and Records
Clerk of Court's Office
_ro�
42
5. Procurement Services
Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above, ma need to contact staff for additional or missing information.
Name of Primary Staff
Ana Reynoso/ PURCHASING
Contact Information
239- 252-8407
Contact / Department
Agenda Date Item was
JUNE 9, 2020
Agenda Item Number
16.C.2
Approved by the BCC
Type of Document
AGREEMENT
Number of Original
2
Attached
Documents Attached
PO number or account
N/A
20-7703
Florida Paints &
number if document is
Florida Paints &
Coatings, LLC
to be recorded
Coatings, LLC
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
Applicable)
1.
Does the document require the chairman's original signature STAMP OK
N/A
2.
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
provide the Contact Information(Name; Agency; Address; Phone on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
AR
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike -through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
AR
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
AR
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 06/09/2020 and all changes made during
N/A is not
the meeting have been incorporated in the attached document. The County
\�
an option for
Attorne 's Office has reviewed the changes, if applicable.
++��
i
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for the
-' an option for
Chairman's signature.
ine.
Risk Management
MEMORANDUM
Date: June 12, 2020
To: Ana Reynoso,
Procurement Services
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
I6C2
Re: Contract #20-7703 "Fixed Term Service Agreement — Paint
& Related Items"
Contractor: Florida Paints & Coatings, LLC
Attached for your records is an original of the referenced document above,
(Item #16C2) adopted by the Board of County Commissioners on Tuesday,
June 9, 2020.
The Board's Minutes & Records Department has kept an original as part of
the Board's Official Records.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
16C2
FIXED TERM SERVICE AGREEMENT
# 20-7703
for
Paint and Related Items
THIS AGREEMENT, made and entered into on this i ' day of 20 20 , by
and between Florida Paints & Coatings, LLC , authorized
to do business in the State of Florida, whose business address is 78th 3rd Street
Winter Garden, FL 34787 , (the "Contractor") and Collier
County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
AGREEMENT TERM. The Agreement shall be for a two (2 ) year period,
commencing ❑■ upon the date of Board approval or El on------- _M. _._...._.__ and
terminating on two ( 2 ) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or
terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for
three (3 ) additional one (1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a ❑m Purchase Order ❑ Notre -to -,Proceed:
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of ❑ Request-for--Proposa4 (RF,P) ❑■ Invitation to Bid (ITB)
❑ Otherm._..__ ... __. _.., __e _.. _- _ ...._.... _.... ... _........ .......... .._ (_ -_-._._)# 20-7703, including
all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to
herein and made an integral part of this Agreement.
J01 The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
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Fixed Term Service Agreement 42017-002 (Ver. l )
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3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1. Payment will be made upon receipt of a proper
invoice and upon approval by the County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
❑ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the contractor; and, as a business practice there are no
hourly or material invoices presented, rather, the contractor must perform to the
satisfaction of the County's project manager before payment for the fixed price contract
is authorized.
❑ T4me-and-Materials:-T-he-Go-u y-ag-Fee-s-te-pay-the- taGtor�-fer--the--arr-count-o�laboa-
ti sper ymthe-oentraotor's-empley-ee nd--subcontraGtor-&Ao-,perfor-m- �-work-(-nu giber
of-hours4i mes-h-ourty_-rate-} andfor-r, a-terials-a—ncl-eq-s,,ip,me-Rtused,-in---the-pr-efieet-(cast of
ma lal--plL+&4he,-Goat-radar's-mar-kup); i,s,-,e- odolegy-is-ge ra,ity_esed-in--pr ct-s-
whiGt�4t4s--nat-possible--tG-acccrately-est,,irnate-t,he-s+"ze-of-the-pr,ojecA; � vv,hen4t4s-exp ed
that-- ,----prejaFt--r-e,quire+its--wGui est4i lye-.r4ang :.-As-a- rem-businesp ctiee;
these-co,ntrarats--inGlude-hack.ap-doc mentation--Of-Gosts;,-4n-votoeswild-i rel ad nder
timekeeping --or payroll--fecords); Material -or equipment --invoices aed�ther4elmbursab4e
dooumentation-for-the-pro jest.
❑■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
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Fixed Term Service Agreement 42017-002 (Ver. 1)
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5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531 C.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: Florida Paints & Coatings, LLC
Address: 78 3rd Street
Authorized Agent:
Attention Name & Title
Telephone:
E-Mail(s):
Winter Garden, FL 34787
Jeffrey Grasty, President
Sheila Kairis, Corporate Credit Mgr
(941) 416-0650 / (239) 732-6664
S.kairis@floridapaints.com/ naples@floridapaints.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
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Fixed Term Service Agreement #2017-002 (Ver.1)
0
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Board of County Commissioners for Collier County, Florida
Division Name:
Division Director:
Address:
Facilities Management Division
Damon Grant
3335 Tamiami Trail East
Naples. Florida 34112
Administrative Agent/PM: Miguel Carballo
Telephone: (239) 252-8380
E-Mail(s): Miguel.Carballo@colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non -County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
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10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of the
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. F Commercial General Liability: Coverage shall have minimum limits of
$1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. 0 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. 0 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.
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claim- and-agg reg ale•:
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F.- ❑ -Coverage-s ll.Wbave-mi um-mIlra s--off- - ........_W_ ._..._.... per
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Fixed Term Service Agreement 92017-002 (Ver.1)
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Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
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14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Facilities Management Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), ❑■ Exhibit A Scope of Services,
Exhibit B Fee Schedule, ❑ R-FP/ ❑E ITB/❑ 9t-hey----------......----
#20-7703 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent
quet�s-;--aid ❑ �#-her--ExTof�Atta-s��t:--_.._------_�_�......_�.�_.� �.�..�
17. APPLICABILITY. Sections corresponding to any checked box (■) expressly apply to
the terms of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee of
the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public
Records Law Chapter 119, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
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Fixed Term Service Agreement #2017-002 (Ver. 1)
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
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22. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
23. FE] CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris,
rubbish and waste materials arising out of the Work. At the completion of the Work,
Contractor shall remove all debris, rubbish and waste materials from and about the Project
site, as well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County projects is not in the best interest of the County.
25. ❑■ WARRANTY. Contractor expressly warrants that the goods, materials and/or
equipment covered by this Agreement will conform to the requirements as specified, and
will be of satisfactory material and quality production, free from defects, and sufficient for
the purpose intended. Goods shall be delivered free from any security interest or other
lien, encumbrance or claim of any third party. Any services provided under this Agreement
shall be provided in accordance with generally accepted professional standards for the
particular service. These warranties shall survive inspection, acceptance, passage of title
and payment by the County.
Contractor further warrants to the County that all materials and equipment furnished under
the Contract Documents shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturers,
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Fixed Term Service Agreement #2017-002 (Ver.1)
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fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after
receipt of written notice from the County. Contractor shall also be responsible for and pay
for replacement or repair of adjacent materials or Work which may be damaged as a result
of such replacement or repair. These warranties are in addition to those implied
warranties to which the County is entitled as a matter of law.
26. ❑■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws,
ordinances, rules or regulations of any public authority having jurisdiction over the Project
requires any portion of the Work to be specifically inspected, tested or approved,
Contractor shall assume full responsibility therefore, pay all costs in connection therewith
and furnish to the County the required certificates of inspection, testing or approval. All
inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the County.
27. ❑■ PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable is responsible for any loss or damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies necessary
to replace such loss or damage shall be deducted from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
Page 10 of 17
Fixed Term Service Agreement #2017-002 (Ver.1)
I6C2
30. 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.
31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
32. 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.
33. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34. ❑ KE--�F-PE-RSONNE-L:-The_.G-en#-fa-,tee's---p n-ne,,l-a,nd--manage�rent -te--be--uti,Nzed--for
thas-pr-GjeGt"e-knowledgeable--inhe+r--area-&--of--ex-pease- The-C-G,nty sees -the
r4gh"o-peiferna-4n,ves- igatlons--as•-may-fie-deemed--necessary-ter---ensfe- that --competent
pe,rso-n,s-will be-at4iized-in4he- far-manse-oi-the-Ag-ree-ment-,The--GGntraotor ,, atl�a ign,
as -many -people -a- necessary-to-Gomaplefe-the-sefvloes-can- lmety-b end-each-pe,rsen
assign-red-shall--be-avaflalale-far-a-n-aamount-s# tlme--ade uateAe-meet--the--r-e fired --service
€totes: The-Geatrarter-small-not- -nge-Key--P-ersonnet-urde�the--follow+eg-Go,na iti s--ate
r et —M--l-rGposed-+epda lerwts- have--substanfia1 the--same-GF-betteuaWcab
a-ndder-exper4e,fi,Ge.-{-�)_th- at -the County s-,,etified-iR-,wr+tdng-a&-far--jnabvan --as assib,le:-
T-he-C-,,entfeeter-s#all made eemmerei,a y-reasonable--effe 4o-riotif,T-E-e lien- ounty-wdthi-n
seven days-eftfloe-change.-T-he-6eunetadns-finad-a-pAr-&vad-e�reposed-fepdaoer-vent
pers®nnel-
0 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
Page 11 of 17
Fixed Term Service Agreement #2017-002 (Ver. l )
I6C2
35. ❑■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of solicitation the Contractor's Proposal,
and/or the County's Board approved Executive Summary, the Contract Documents shall
take precedence.
❑ OROER.OF PRECEDENCE, (Grant Funded).— In -the -even t-of--any--cenftiot-betwee�a_..or
amon,g-4he,-4,er-,ms,--of f ,the-Contract--D�,um, to-and/or,.the.--C-Gunty's-E d-alap d
E�eeuttve Summary;-themte-r-ni-&-of,theAgreementoha44tak-e-pr-esedene,-over--the-termof
moth,&r-Oerat t- GGuments"-except-tie-terms•-Gf-aoy-S-upplemaenta1dItteeosha41 -h-e
pr-ecedenGe-eveM�he-Agreemeet:--To--t�e-,extent--eaRy--sGefliGt -try-the-terms---Gf--Gaatra,Gt
DoGome,Rte--Ga,nreef-fie-resolved-hy.-apptlGatlon-o.f tb"-apple ental-GondittG ;-mf�, r
the--AgfeeFae-at�--eo-nflint--sha,it-reGol-s-by--impolrng---t-he -mefe-tfiGt--of ,Goat4y
obligatiGay-undef-t-he�ontraet-DeGuments-mupon-th ont�Gier--agar t ,-dieG taatv:,
36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four (4) years. All of Contractor's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of
issuance and can be renewed each year at no cost to the Contractor during the time
period in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier
County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of $500 per incident.
Page 12 of 17
Fixed Term Service Agreement 42017-002 (Ver.1)
I6C2
38. ❑■ SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable
rules and regulations. Also, all Contractors and subcontractors shall be responsible for
the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way
for the purpose of inspection of any Contractor's work operations. This provision is non-
negotiable by any division/department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not have
the right to refuse to allow OSHA onto a project that is being performed on Collier County
Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision
shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
(Intentionally left blank -signature page to follow)
Page 13 of 17
Fixed Term Service Agreement #2017-002 (Ver.1)
I6C2
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have
executed this Agreement on the date and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of Court
& Comptroll :!,
D,atE
,td
(S AL) ' QSLo
s-�nattjre only.
ContfA tor's- • -Wktnesses.
-
�Phiv-
Contra or's First Witness
C In k 0-� k
TType/p int witness nameT
�ntrSecond Witness
"'Type/print witness nameT
Appceved as to � aqd Legality:
County Attorne
ame
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Burt L. Saunders Chairman
Florida Paints & Coatings, LLC
Contractor
By: (.-"
C, i nature'% 5, ( C)-,.d--t
TType/print signature and titleT
`--f 11'7kc)
item #
I.keart—
Agenda+qLM
irate
Date
Deputy 01551
Page ld of 17
Fixed 'I erm Service Agreement 92017-002 (Ver. l )
Exhibit A 16 C 2
Scope of Services
F following this page (containing 2 pages)
❑ this exhibit is not applicable
Page 15 of 17
Fixed Term Service Agreement #2017-002 (Ver. 1)
i 6 C 2
ITB# 20-7703 "Paint and Related Items"
EXHIBIT A
SCOPE OF SERVICES
The terms "Vendor", "Contractor", "Seller" and "Company"' will be used interchangeably through this
Agreement.
Collier County requires the purchase of paint and paint related items on an as "as needed basis", for repairs and
refurbishing various buildings, bridges, utilities, etc.
A. Pickup/Delivery
1. Unless otherwise requested, all items will be picked -up on an as -needed basis by County employees
from various County Departments/Divisions.
2. If delivery is required, the requesting Department/Division shall approve delivery terms with the
Vendor(s).
3. Vendor(s) shall promptly pick up/accept any return for items incorrectly shipped, ordered, or
delivered in an unsafe and/or damaged condition, at no cost to the County.
4. Delivery rate shall encompass all locations within Collier County.
5. Delivery will be made upon receipt of purchase order from Collier County personnel, between the
hours of 8:00 AM and 5:00 PM, Monday through Friday.
6. Delivery Fee is to be based on firm prices delivered F.O.B., as directed to all locations within ,
Collier County, Florida.
7. Shipments shall be F.O.B. destination and received between the hours of 8:00 AM and 5:00 PM,
Monday through Friday.
8. The Vendor(s) will have one (1) business day to deliver supplies after receipt of the purchase order.
9. If for reasons beyond the control of the company delivery cannot be made by the specified date, it is
the company's responsibility to indicate the reason for the delay and the expected delivery date to
the Project Manager.
10. If delivery timeframe is determined unreasonable by the County for project at hand, the County
reserves the right to order from the secondary vendor on contract.
B. Purchasing Requirements and Discounts
l . County employees purchasing items must provide the vendor with a numbered and signed purchase
order or a Collier County Purchasing Card. No sale shall be transacted without a purchase order
number or Collier County Purchasing Card being provided to the vendor.
2. Collier County reserves the right to add like items to the contract when they are in the best interest of
Collier County.
3. Vendor will offer a percentage below retail discount for each size paint container and name the
brand and catalog number of paints for each of the various size paint containers available.
4. Percentage discount shall remain firm for the initial term of this contract.
5. The brand name paint offered shall be top -of -the -line paint for the stated manufacturer.
6. The Vendor shall offer a percentage below retail discount for related paint items.
7. Collier County shall be eligible for any additional discounts, specials and/or promotions offered by
the Vendor(s) during the term of the contract should those discounts, specials and/or promotions
offer a lower cost to the County.
8. Collier County reserves the right to order any quantities necessary for each order/project, no
minimum order shall be stipulated on the County.
9. The Vendor shall, at no cost to Collier County, provide the necessary product catalogs (as many as
may be required) to identify purchased goods and to verify the cost of such goods and for the
prepayment audit.
Page 1 of 2
T
16C2
C. Warranty
1. All supplies/materials shall carry a full manufacturer's warranty.
2. The Vendor shall provide full manufacturer's warranty on all supplies/materials furnished, against
defects in materials.
3. The warranty shall start on the date of the delivery (if applicable) and acceptance by Collier County.
D. Material Specifications and Requirements
1. The material procured shall remain the property of the seller until accepted to the satisfaction of the
County.
2. The materials are to be of the highest quality.
3. In the event the materials supplied to the County are found to be defective or do not conform to
specifications, the County reserves the right to cancel the order upon written notice to the seller and
return such products to the seller at the seller's expense.
E. Miscellaneous
1. The Vendor shall have an established retail place of business with a service counter located within
ten (10) miles of Collier County Government Complex located at 3301 Tamiami Trail E. Naples,
Florida 34112.
2. The County reserves the right to verify that the paint will meet the County's requirements before
purchase according to the Safety Data Sheet provided by the Vendor specifying each kind of paint,
and if necessary, request samples for testing purposes at no charge to the County.
Page 2 of 2
c
Exhibit B
Fee Schedule
following this page (containing 1 pages)
Page 16 of 17
16C2
Fixed Term Service Agreement 42017-002 (Ver.1)
16C2
ITB ##20-7703 "Paint & Related Items"
EXHIBIT B- FEE SCHEDULE
FLORIDA PAINTS & COATINGS, LLC
(SECONDARY CONTRACTOR)
Unit of
County Price
Item
Product
Measure
Manufacturer
Paint q
Retail Price
% Discount
Offered by
Vendor
1
Exterior Oil Based Semi -gloss Paint
1 Gallon
Florida Paints & Coatings LLC
5940.1
$ 80.70
55%
$ 36.32
2
Exterior Oil Based Semi -gloss Paint
5 Gallon
Florida Paints & Coatings LLC
5940.5
$ 393.90
55%
$ 177.26
3
Latex Concrete Paint
1 Gallon
Florida Paints & Coatings LLC
6020.1
$ 44.60
55%
$ 20.07
4
Latex Concrete Paint
5 Gallon
Florida Paints & Coatings LLC
6020.5
$ 212.40
55%
$ 95.58
5
Oil Based Concrete Paint
1 Gallon
Florida Paints &Coatings LLC
1 . 6920
$ 68.30
55%
$ 30.74
6
Oil Based Concrete Paint
5 Gallon
Florida Paints & Coatings LLC
6920.5
$ 331.05
55%
$ 148.97
7
Exterior Latex Satin Paint
1 Gallon
Florida Paints & Coatings LLC
1420.1
$ 40.10
63%
$ 14.84
8
Exterior Latex Satin Paint
5 Gallon
Florida Paints &Coatings LLC
1420.5
$ 190.15
60%
$ 76.06
9
Interior Latex Flat Paint
1 Gallon
Florida Paints & Coatings LLC
2200.1
$ 28.45
55%
$ 12.80
10
Interior Latex Flat Paint
5 Gallon
Florida Paints & Coatings LLC
2200.5
$ 131.85
55%
$ 59.33
11
Interior Latex Satin Paint
1 Gallon
Florida Paints & Coatings LLC
2210.1
$ 32.95
55%
$ 14.83
12
Interior Latex Satin Paint
5 Gallon
Florida Paints & Coatings LLC
2210.5
$ 154.20
55%
$ 69.39
13
Interior Latex Semi -gloss Paint
1 Gallon
Florida Paints &Coatings LLC
2230.1
$ 34.05
55%
$ 15.32
14
Interior Latex Semi -gloss Paint
5 Gallon
Florida Paints & Coatings LLC
2230.5
$ 159.50
55%
$ 71.78
15
Interior Latex Gloss Paint
1 Gallon
Florida Paints & Coatings LLC
2140.1
$ 50.90
52%
$ 24.43
16
Interior Latex Gloss Paint
5 Gallon
Florida Paints & Coatings LLC
2140.5 1
$ 244.10
55% 1
$ 109.85
Item
Product
% Discount
17
Percent discount for all other paint and related items.
40%
18
Percent discount for all painting related equipment.
40%
Other Exhibit/Attachment
Description:
❑ following this page (containing pages)
❑E this exhibit is not applicable
Page 17 of 17
I6C2
Fixed Term Service Agreement 42017-002 (Ver. l )
I6C2
CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
5/5/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Baldwin Krystyn Sherman
4010 W Boy Scout Blvd
Suite 200
Tampa FL 33607
CONTACT
PHONE FAX
• 813-984-3200 A/c No): 813-984-3201
ADDRESS: certificates@bks-partners.com
INSURERS AFFORDING COVERAGE
NAIC#
INSURER A: National Fire Insurance Co. of Hartford
20478
INSURED 1FLORPAI2
Florida Paints &Coatings, LLC
3521 All American Blvd
INSURER B : Continental Insurance Company
35289
INSURER C : Great American Insurance Company
Orlando FL 32804
INSURER D : Technology Insurance Co., Inc.
42376
_
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER:719011400 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
I TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
MM/DDY�
MM/DD�
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
Y
6046432645
5/1/2020
5/1/2021
EACH OCCURRENCE
$1,000,000
DAMAGE RENTE
PREMISES Ea occurrence
$ 300,000
MED EXP (Any one person)
$ 15,000
PERSONAL&ADVIN-JURY
$1,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
- )(
POLICY JPECROT � LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS -COMP/OP AGG
$ 2,000,000
$
OTHER:
B
AUTOMOBILE
LIABILITY
6046297943
5/1/2020
5/1/2021
Ea BINEDccidenISINGLE LIMIT
$ 1,000,000
X
BODILY INJURY (Per person)
$
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
1
BODILY INJURY (Per accident)
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
L
PROPERTY DAMAGE
Per accident
$
$
I
C
OCCUR
TUE125095804
—
5/1/2020
5/1/2021EACH
OCCURRENCE
$ 10,000,000
$10,000,000
HeH
CLAIMS-MADEAGGREGATE
TENTION $
$
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/PARTN ER/EXECUTIVE
OFFICERIMEMBEREXCLUDED?
N /A
TWC3879989
5/1/2020
5/1/2021
X STATUTE EORH
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
(Mandatory In NH)
If yes, describe under
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: Bid it 20-7703 "Paint and Related Items
For any and all work performed on behalf of Collier County, subject to the terms and conditions of the policy.
Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR Collier County are
Additional Insured with respects to General Liability and Automobile Liability, where required by written contract. General Liability is on a Primary and Non
contributory basis, where required by written contract.
CERTIFICATE HOLDER CANCELLATION
Collier County Board of County Commissioners
3327 Tamiami Trail East
Naples FL 34112-4901
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
O1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD