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#06-393R (SAS Subpeona & Records Retrieval, Inc) AGREEMENT 06-3937R for "Process Server Services for Collier County" THIS AGREEMENT, made and entered into on this 24th day of April 2006, by and between SAS Subpoena and Record Retrieval, Inc., authorized to do business in the State of Florida, whose business address is: PO Box 56, Ft. Myers FL 33902 hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on April 24, 2006, and terminating on April 23, 2007. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Contractor shall provide process server services in accordance with the terms and conditions of RFP #06-3937R and the Contractor's proposal hereto attached and made an integral part of this agreement. 3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: SAS Subpoena and Record Retrieval, Inc. Attn: Dorn J. Becklow PO Box 56 Ft. Myers FL 33902 239/671-9676 FAX: 239/543-4386 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 Attn: Steve Carnell The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors;Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the County Attorney's Office. 13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, and RFP #06-3937R Scope of Services. 15. SUBJECT TO APPROPRIATION: It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 11 �/ , le I Stephen Y. CanLell, Director General Services/Purchasing SAS Subpoena and Record Retrieval,Inc. Contractor (1 By: First Witness Signature r .1\3Sq l)car( TType/print witness nameT L. �J / Ow Second Witness Typed signature and title Pirtvdroyx TType/print witness named=-) CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: Cagee4/01 Robert Zachary Assistant County Attorney Mai 10 06 01 : 58p Island Coast-FERH. Mann (239) 275-7829 p. 1 Horace Mann The Horace Mann Companies Educated Financial Solutions 6281 Metro Plantation Road Fort Myers,FL 33912 Bus.239-275-4667 Fax 239-275-7829 David W.Magoon,LL)TC magoondl@notes.horacemann.com Senior Account Executive www.horacemann.com Horace Mann Teachers Insurance Company • Fax Cover Sheet • .To A-6 i4 -.'4:kir Date s- • _ o�. From David W.Magoon LUTCF Auto Number of pages Z. Subject Home C i4 om. 01-5-e, crY J-+6), rp-, fi -Pi b 1 /0 0, 0`• + I 0— Life / 4 ` e e, Annuity • Horace Maim Inveestors,Inc. Distributor of Securities Products Member NASD 1 Horace Mann Plaza Springfield, IL 62715-0001 217-789-2500 www.horacemann.com May 10 06 01 : 58p Island Coast-FEAH. Mann (239) 275-7829 p. 2 Teachers Insurance Company Automobile - Change Policy Request --Signature is Required -- Policy #' 09 - 69220180 Created:05/10/2006 1:36:33 pm Printed:05/10/2006 F 7 7 Home Office Use Only ** Change ** Effective: 05/10/2006 Agent: 3711 David W. Magoon, LUTCF Llertc Date Policy Holder(s): AF2M ONG, ANNE L Vehicle: 2004 SUZU COVERAGE INFORMATION *Change: Bodily Injury Code: 28 Limits: $250,000.00/$500,000.00 *Change: Property Damage Code: 08 Limit: $100,000.00 DRIVER INFORMATION • (1) liWe have read this entire application;(2) The statements that I/We thy Date Coder Date made are correct,including those made an any other application for automobile insurance to this company dated this date which are incorporated by reference and made part of this application;(3) 1/We are the sole owner(s)of the vehicle(s)described unless otherwise stated;and (4)The coverages and limts were selected by me/us. INVe understand that any the endered with this application Is accepted subject to collectio nly. Horace i r n a-eL Applicant Signature _ Date Agent Si are Date S-CODE INSP AT AL UM-SW CO CN7Y 7FRR KIND CLASS SYM SPDA INEX RCP AP VP DEP P/R FIBG MO/ED 01 CAR 246 From:Tammy Leigh At:Oswald,Trippe and Company Inc. FaxID:239-433-4148 To:Ms Tibbett Date:5/102006 09:26 AM Page: 1 of 1 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MM/DD/1'1'1'Y) 5EARC-1 05/10/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Oswald Trippe and Company, Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. O. Box 60139 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Myers FL 33906-6139 Phone:239-433-4535 Fax:239-433-4148 INSURERS AFFORDING COVERAGE NAIC# INSURED 09566 INSURER A. Philadelphia insurance company INSURER B: • Search and Serve Subpoena & INSURER C. Anne Beddow P 0 Box 56 INSURER D: Fort Myers FL 33902 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. INSK HUU'L POLKA'EH- ..IIVE POLICY tXPIRATION LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/W) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISE ( u PREMISES(Eaa occccurence) CLAIMS MODE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ —I{ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC SL LIAIMITTS S U IF TOR EMPLOYERS'LIABILITY ERR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Professional Liab PHSD189775 05/04/06 05/04/07 1000000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION COL2 8 0 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Community Dev DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN fax# 239-4 0 3-24 6 9 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Purchasing Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 2800 N Horseshoe Drive Naples FL 34104 REPRESENTATIVES. AUTHORIZ PRESENTATIVE ACORD 25(2001/08) ACORD CORPORATION 1988 JAN-14-2002 13:33P FROM:Lexrnark X125 1343090 TO:12395306698 P:2/5 KI• 'iJ DEPARTMENT OF FINANCIAL SERVICES JR1 © VE1 ) JUN082006 BUREAU OF COMPLIANCE TOM GAIAGHER Fr. MYERs CHIEF FINANCIAL OFFICER EXEMPTION APPLICATION RECEIPT This receipt ONLY confirms that the applicant listed below has submitted an application for exemption from the provisions of the workers' compensation law to the Division of Workers' Compensation. THIS RECEIPT DOES NOT CONSTITUTE PROOF THAT AN EXEMPTION HAS BEEN ISSUED TO THE APPLICANT. AN EXEMPTION SHALL BECOME EFFECTIVE WHEN ISSUED BY THE DEPARTMENT. DATE RECEIVED: • JUII o $' ° APPLICANT'S NAME: i_ . ddot • BUSINESS NAME: 5 S 5 c b p o e f"1 0.r jr i ,ucz .1Y iC • Receipt completed by: QJ Exemption applications are processed in the order it was received. The Division of Workers' Compensation has 30 days to process the application after it has been received. The exemption application was received at the following Division of Workers' Compensation office: Bureau of Compliance 4415 METRO PKWY Suite #300 Ft. 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