#08-4197 (Enviromental Mowing, Inc.)
A G R EE MEN T08-4197
for
Nuisance Abatement Services
THIS AGREEMENT, made and entered into on this 26th day of February, 2008, by and
between Environmental Mowing, Inc., authorized to do business in the State of Florida,
whose business address is 445 -18th Avenue SE, Naples, Florida 34117, hereinafter called the
"Contractor" 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
February 26, 2008, and terminating on February 25,2009.
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 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 invasive plant removal and
additional services, as Primary awardee, in accordance with the terms and conditions of
Bid #08-4197 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.
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.
Any county agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s).
Payment will be made upon receipt of a proper invoice and upon approval by the
Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats.,
otherwise known as the "Florida Prompt Payment Act".
Page I of6
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:
Environmental Mowing, Inc.
4145 -18th Avenue SE
Naples, Florida 34117
Attention: KennethJ. Parker, President
Telephone: 239-825-4321
Facsimile: 239-455-2777
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County GovefIUllent 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.
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
Page 2 of6
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.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
Page 3 of6
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. 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.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Code Enforcement Department.
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, Bid #08-4197 Specifi-
cations/Scope of Services and Addenda.
15. SUBTECT TO APPROPRIATION. It is further understood and agreed by and
between the parties herein that this agreement is subject to appropriation by the Board
of County Commissioners.
16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112,
Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more
of the following consequences: a. Prohibition by the individual, firm, and/ or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/ or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/ or
Page 4 of6
quotes; and, c. immediate termination of any contract held by the individual and/ or
firm for cause.
17. 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.
18. 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.
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.
Page5of6
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.
~\L:JF A,'
AT<i.P:EST: ". C;"
. .. "'.<:"
E?wight R' .?r~)Clt~,Clerk of Courts
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First Witness
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Second Witness
mfiK/}/\/ >> f-;IJLI~/\/
. tType/print witness namet
Approved as to form and
legal sufficiency:
Print Name
Page 6 of6
By:
Environmental Mowing, Inc.
Contractor
By: ~~f!:t, 124-
SIgna re
kc-AiN[7H J. r~i!k02 .:ktc'J:/MrJ'7 ,
Typed signature and title
U3/17/2008 16:23 FAX 2393483994
CARR AND ASSOC
141002
CER~IFIC~JE OF LIABILITY 1t~,~URANCE ".,_,_~ DA~~~~~
THIS Cl!RTlPlCATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONPIRS NO RIGHTS UPON THI CERTIFICATE
... I ~N~;~:~F:~~~~~:.~!~~~~~Trt~~~~f;:,::R
-t'N~!!ai!l.A: First Comm.~!~i!l,U!,!~rance Co. ..,
INSURED Environmental Mowing Inc
4145 18th Ave Se INS!J.BmB;_oo.__...
il'I U"ERC" ...,. ..___...,
NAPLES, FL 34117- UR R :
"I n.. .... 'NJ!!.~ER E:
COVERAGES INSURIR F:
. THE POUCIES Of INSURANCE LISTED HAVE"BIEN ISSUED TO TiiE"INSURED NAMED A80Vl FOR THE POLICY PERIOD INDICAliri, NOlWITHSTANDlNG--'-"-
AIf'( RIQUIRE!.IENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATI! MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDEO 8YTHE POLICIES DESCRISEO HEREIN IS SUBJECT TO ALL THE TERM8, EXCLUSIONS AND CONDITIONS OF SUCH
POlJCIES:..Jl\OOREGATlI LIMITS ,!lHOWN MAY HAVI.iI~EN. REDUCEO IlY PAID C~!M.~: _,__,. ..
INSR =L ",!~OFIN.URANeE POt.tCYNUMBER PO y~~{ .~~M~ON LIMITS
GENERAL UAlIIUrv EACH OCCURRENCE
OCO,...ERCIALG&NlRALLIABILI1Y =<i.U?':~~1 -'I ..__,
00 C1./\IMSMADE 0 OCCUR M&DEXPIAnyonopo,..,n) r=
A 0 ~ 00__ 1~i.::~~t~~~~i;tY..~.~-
OeN'L AGGR':!2ATE LIMIT APPLies peR;' "F_~~~~CTS. ~COMPf~~~~~'+~=__,.,
O,POUCY UPROJECT ..I;:J LOC,___._i "'_ '..,..___,..
AUTOMOBILli LJAalUTY COMBINED 8INGLa: LIMIT
o ANY AUTO .cEo -doIl,9..
o ALL OWNED AUTOS BDDIL Y INJURY
o 0 sCHlODULED AUTOs (P.r p.rson
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NON OWNED AUTOS (Per ._.fll)
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GARAGE LlAIIIUTY
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Carr & Assooiatea
473S Santa 8arbara ElQulev.reI
N.ple~, FL 34104
Pho,," (239)348-3555
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o RETENTION $ ..n,_,_ .
~~~~~~noNANO T80 'I03f.171OB'- 0311710'9-'... OJ:s~'t~~~ngt.
A lUff PROPRIETOR I PARTNER I EXECUTIVE ~,~y..~<<~.!!~!~!!!_,_..,..
~;~~~~~u::.~ EXCLUDED? Yes EL,gl!...~,:"EA .EMPLOY?E
s "'.~ ~,ROV).SIONS below ..._.. .,...._.. "'Hn . ,&,L, DISEASE. POLlCYLIMIT
." OnwR'__"_dOO_"_ . ,____.__.. _.=:~'r.-,~n,_~
DESCRIPTION 0' OPERATIONS I LOCATIONS I VEHICL.., exCLUSIONS ADDED BY ENDORSBMENT I SPECIAL PROVISIONS
S'xcludecl Partners: Kenneth J PBrker and Cristina M Parker
500,0.00
500,000
5.o.0.~..Q
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CANCI!LLA TlON
--.-- ...- -...
CERTIFlCATli HOLoeR
Collier County Government Center
PurChasing Depilrtmenl-PUrcl1ulng Building
3301 Tamieml Trail 5aat
Neples, FL 34112
, I
ACORD 25 (2001/08) QF
'HOULD I4HY OF TH" ABOVl! DI!&CRI...., POLICIU ae CANCEU..l> 8.'ORII THII
iXPIRATlON DATE THERiOF. THE ISSUING IN.URM WII.l. _VOR TO MAlL
20 DAYS WRITTEN NOlle. TO THE CERTlFICAT& HOLOeR NAMED TO
THE'LEFT, BUT FAILURE TO DO so 'HALL IMPOSE NO OBUGATlON OR LlAllIUTY
OF ANY KIND I)'ON THE INSURER. ITS AGBNTS DR REPREllENTA TlVI!S,
. AiiTHORIZEO"If'RESENTATIW-." "~_MM__"'~_
_...L .lIt ~"- -
--'=dicORij(:o~PORATioN 1988
03/17/2008 16:23 FAX 2393483994
"'too: 3{1712008 03:54I"M
CARR AND ASSOC
$ender's ~ax 10: OIll;On .& OiNuntlo Ins
CERTIFICATE OF INSURANCE
IaJ003
t"ilSJo,:; ~
The company Indicated below c~rtiftes that the insurance afforded by the policy or policies nlR1lberlld and
descrlbe<l b~law 15 In force lI$ of the effectIve <:!<It. of thi. certificate. This CertIficate of Insurance
does not amend, extend, or otherwlse altor the Tem; and CondItiOns of Insurance coverage contained in any
policy nuntered and described below.
CERrIF1CATE HOLOER:
COLLIER COUNT'I
PURCHASING OEPT
330l TAMIAMI TR E
~PlES, FL 34112
IIISI.IREO:
ENVI RoNM~T AL HOWl NG I NC
4145 18TH AVE SE
NAPLES. FL 34I17.9175
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expIratIon date. the Insurance canpany wIll mail 30 days
wrItten notlco to the above _ certifIcate hold.r.
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lYPE OF INSURANCE I
lIABILIlY I
[X) Liability and I
Medlc.l Expense I
(X] Personal and ,
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DESCRIPTION OF OPERATION5/LOCATIONS
VEHICLES/RESTRICTIONS/SPfCIAL ITEMs
STEVE CARJlElL
CERT HOLDER AlSO LISTED AS
ADOITIONAl INSURED
POLlCY HUMS_R
& ISSUINS CO,
77.AC.826130'3001
NATIONWIDE
MUTlJAl
INSURANCE CO.
, POLICY I POLICY I
IEFF, DATE IEXP. DATE I
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I , I Any li1e Fire or Explosion $
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I I I Senera 1 Aggregate* ...,... $
I I I Prod/Comp Ops Aggregat.* , $
I I I
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I I I Bodfly Injury
I I I (Each Per.on) .......... $
I I I (EaCh Accident) .......' I
I I I Property 0."'9.
I I ,(Each Accident) ........ $
I , I Comblnl!d SIngle LImIt .... $
, I Each Oecurrllflce .......,.. $
I I Prod/Coop Ops/Oisease
I I Aggregate* ............, $
I I STATUTORY LIMITS
I I BOOILY INJURY/ACCIOENT ,.. S
I I Bodily Injury by Ois""..
I I EACH EMPLOYEE ........., $
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I I POLICY liMn ........... S
lIMITS OF LIABILITY
(*LIMITS AT INCEPTION)
Effective Oato of Certificate: 01.27.2008
Date Certificate Issued: 03'17.2008
Authorlzl!d Representative: PHIL DINUNZIo
Courrt.rs 1 gn8<l at: 2536 NORTHBROOKE PLAZA OR
NAPLES. FL 34119
Ma r, IS, 200S
9: 12PM
No,4059
p, 1/1
ACORD
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oA-re: (MMIOOJYY)
3/11112008
THMO CER,TFICAT& IS ISSlJ&D AS A MATTER OF INFORMATION ONLY AND CONFiRS
~TS UPON THE ceRTIFICATE HOLDER. THIS CErmFlCATE DOES NOT AMEND
Ii:XTENP QR ""TEfl. THi I;QWAAGIii: ~ all' THIE P(M.tOIIi!$ Bli;r.ow.
pltODVeEIl.
Steve Roe Allstate Insurance Agency
5628 Strand Boulevard, Suile 2
Naples, FloridaS4110
F"hot'le 239.593-7333 Fax 239..s93-7334 Toll Free 877-744-1(178
COMPANIES AFFORDING COVERAGE
I"'!!URED
KENNETH PARKER
4145 18TH AVE SE
NAPLES Fl34117
COMPANY ALLSTATE;
.
COMPANY
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COt-lPANV
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COMPANY
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THIS IS TO C8ITINTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN Il3SUEO'l'O lHE I SiJ eD P(AME A FOR TI-l OLlev PI;RIOD IN ATI;D, NO ANDIN
ANY REQUIREMENT. rel\M t)~ CONDITION OF ANY CONTRAcT OR OTHER DOCUMENT WITH RESPECT TO WHICH THf5 CERTIFICATE MAY BE ISSUED OR rMY PERTAIN.' THE INSvRANC
AJ=mROED BY 1').11;: POUCIES Dl!SCRI8ED Hl!"EIN 15 5U8JEc.TTO AlL THE n:.!l:~S. EXCl.USIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE. BEeN REDUCED S
PAID CLAIMS
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FI~EDAA1AGI: ...
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38B0785727l1 3118/06 3/18109
COMBI~EO SINGLE LIMIT
2005 DRJ500 VIN-2:l18G
eoC1lLY1NJURY $500,000 I $500,000
jP"'p"ISOIlIPQfllWdwlll
GEIlilW..llqll,llY
x cO......EflClAt. GEI'IEIW.
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CLAIM8MADE ~~
OWNER'.s&COlllffillCTO~S
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ALLSTATE
AUTOMOBILE LIABILITY
Al'ff-'lJTO
ALL OWNED ~UTo.s
X SCHEOVLED AlJTO$
HIRED AUTOS
PROf'ER,7Y o,ouu,GE
$500,000
NON-<:1NNEO AVTO$
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GARAGE lIABlUTY
ANY AUTO
AUTO ONLY. E^
OTHER THAT AUTO
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EACH ACCIOENT
AGGREC3A.TE
EACH OCCURRENCE
AGGIl.E13ATE
WORKERS COMPI!NUTlON
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EMPLOYI!RSLlAlLlTY
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THE PROPRIETORI
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o ,
INCl
El EACH ACCIDENT
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ELDlSEASE.POLICY
e~ 1]1$E"6E- EA
DI!K:RlPTIOH 0.' oPiRloTlON!ItLOCAnoNlllVEHlCLE>>ISI"ECIAL ITEMS
COLLIER COUNTY GOVERNMENT IS LISTED AS SOTH A CERTIFICATE HOLDER AND AN ADDITIONAL INSURED FOR THIS POLICY.
~~""~'.:-\T~~~:'f"'~~--,~(~" .';. ~,- ,"-~~~~~~~;~~~r~~~\,,,,;,,,,,,,.,,
~""~VM h' __, ~,_~ _.......~_~_ ~ ._ ", _ _....-::::-;:;J.'.~"""'~~..., ~ ."'-"<l_">-- "'''"i'''''...'''''\F.......~..".=..."..,''''-''.:...
COLLIER COUNTY GOVERNMENT
3301 E TAMIAMI TRAil
NAPLES, Fl34112
ATTN: BRENDA BRllHART
sHOuLD AMY OF TI-II! AHOY!!: DESCRIBED POLICIES BE CANGELLEO BEFORJ:i "n11ii
EXPlIUoTlON DATE nUiR,EOJi, THE ISSU~O COMPANY WILL e~DEAVOR TO MAl
:lD DAYS W!l:lneN NOTIOE TO nti l;irmf,c~'S; H01.DER, NMUiD TO THE I.EFT
HUT """'fAiLURE TO MAlL SUCH A Ncrnee $HALL IMPOSE NO OBUGATtON OR LIABILITY 0
MY ~lNO UPON 1'H1; COMP>"NY, ITS AGI!!:NTS OR REPRESENTATIVES.
AUI~DItl! EtENTA,M;