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#08-5081 (Public Financial Management, Inc.) A G R E E MEN T 08-5081 for Financial Advisory Services THIS AGREEMENT, made and entered into on this n-t'1 day of DCCE,,,d:1\!V- 2008, by and between Public Financial Management, Inc., authorized to do business in the State of Florida, whose business address is 12730 New Brittany Boulevard, Suite 439, Fort Myers, Florida 33907-4685, hereinafter called the "Consultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County"; WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence upon award by the Board of County Commissioners. The contract shall be for a two (2) year period, commencing on date of award by the Board of County Commissioners, and terminating two (2) years from that date. The County, at its discretion, shall have the option to renew this Agreement after the initial term for two (2) additional one (1) year terms. Such renewals shall be under the same terms and conditions as this Agreement. If changes in the terms or conditions are negotiated, said renewal(s) will be contingent upon an amendment approved by the parties in writing and approved by the Board of County Commissioners. The County shall give the Consultant written notice of the County's intention to renew 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 Consultant shall provide financial advisory services in accordance with the terms and conditions of RFP #08-5081 and the Consultant'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 Consultant 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 Consultant for the performance of this Agreement upon completion of the work as accepted and approved by the Director of the Office of Management and Budget or his designee. Payment will be made pursuant to the price schedule offered by the Consultant in Attachment" A", hereto attached and Page I on incorporated herein by reference, together with the cost of any other charges/fees submitted in the proposal. Payments shall be made to the Consultant when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Florida. Statutes, otherwise known as the "Local Government Prompt Payment Act". Any County agency may purchase services under this Agreement, provided sufficient funds are included in their budget(s). 4. TRAVEL AND REIMBURSABLE EXPENSES. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost Rental car Actual rental cost Lodging Actual cost of lodging at single occupancv rate Parking Actual cost of varking Taxi or Airport Actual cost of either taxi or airport Limousine limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursables will be paid only after Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Consultant 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. 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Hal W. Canary, CPA Public Financial Management, Inc. 12730 New Brittany Boulevard, Suite 349 Fort Myers, Florida 33907-4685 Fax: 239-939-1220 Page 2 of7 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Office of Management and Budget 3301 Tamiami Trail, East Naples, Florida 34112 Facsimile: 239-252-8828 The Consultant 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 Consultant or to constitute the Consultant 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 Consultant. 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 Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant 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 Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 9. NO IMPROPER USE. The Consultant 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 Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant 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 Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Consultant 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 Page.3 of7 Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; 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. D. Professional Liability: Coverage shall have minimum limits of $1,000.000. 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 Consultant 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. Consultant shall insure that all subConsultants comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant 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 Consultant or anyone employed or utilized by the Consultant 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. Page 4 of7 This section does not pertain to any incident arising from the sole negligence of Collier County. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Office of Budge and Management Department. 15. CONFLICT OF INTEREST: Consultant 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. Consultant further represents that no persons having any such interest shall be employed to perform those services. 16. 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: Consultant's Proposal, Insurance Certificate, RFP #08-5081 Specifi- cations/Scope of Services, Addenda and Exhibit A. 17. 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. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 use. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant 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. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. Page 5 of7 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and! or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant 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 Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEl/PROJECT STAFFING: The proposer'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 insure that competent persons will be utilized in the performance of this Agreement. Selected firm shall assign as many people as necessary to complete the assignments on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates required by each assignrnent. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and! or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. IN WITNESS WHEREOF, the Consultant 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. Page 6 of? "\' \::. ~, ATTEST: DwightE. B~ock, CJerk'ofCourts ~~;< (SEAn.,.,.". '-eJc., .. , ' .~' c"." ,_ Attest u to Qa~-, s1Qf1l1ture onl~ ( - ~ C. ev'\ First Witness \.. \ \~,,_r"'--""':>~ ~~<'. ';~(," tType/print witness n~et -:de U '"'V Second Witness A\:c.lt.~ S U 1-\ tvc c ,- tType/print witness namet Approved as to form and legal suffic en : . , ".. Page 7 of7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Public Financial Management, Inc. By: ,Consultant J I . ' t. 1C {( [1-\. t~ LV Signature ~. ,-' t.'/ (-Idl IV (:rfI1/;4~Y ft;flvifG'!/I/b ~ IlfC W~ Typed signature and title .:fiiF- ==PFM" W . Exhibit A Cost Proposal Pricing shall be inclusive of all costs and shall be full compensation for all services, labor, tools, equipment, local travel (within Lee and Collier County) and any other items required for project completion and/or completion of services. Travel expenses outside of Lee and Collier Countyshallbereimbursed pursuant to Section 112.061, Floxida Sta_tutes. For all services not directly related to the issuance of bonds or notes: 1. Hourly rate for time and services for all officers, Senior Vice Presidents and First Vice Presidents: $200.00Ihour 2. Hourly rate for time and services for all financial and computer analysts: $175.00/hour . 3. Alternative cost to above hourly fees in the form of a monthly retainer: $2,500.00 month" "Note: Some clients prefer a retainer as a means of "budgetary certainty" and 'unimposed access" to call on PFM at any time. 4. For all services related to the issuance of bonds or notes issued by the County, regardless of the manner of sale: Amount of Debt Fee per $1.000 . For the first $10,000,000 $0.80 $0.75 $0.65 $60.000.00 For the next $10,000,000 Amounts above $20,000,000 Maximum fee per any singular issue Structured Products, Investment Advisory, and Arbitrage Rebate Services The financial advisory compensation proposed above does not apply to services related to procurement of bond proceeds investments or other structured products, investment management, or arbitrage rebate. Fees for these special services shall be negotiated as a function of the complexity of the proposed engagement and the specific scope of services outlined. PFM Asset Management, LLC, registered investment advisor. is prepared to offer the City its full range of structured products, investment management and arbitrage rebate compliance services. This might include the procurement of structured products or other investment securities for a bond construction account or refunding escrow. If needed. these services would be performed by PFM Asset Management, LLC pursuant to a separately negotiated letter agreement. PFM Asset Management, LLC fully discloses all fees related to any transaction. . Collier County, Florida ,- RFP /108-5081 - Proposal for Financial Advisory Services 113 __~._n__.._..__'~ ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDlYYYY) 11/26/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Frank Crystal & Co., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Financial Square ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 32 Old Slip New York, NY 10005 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Great Northern Ins. Co. Public Financial Management, Inc. INSURER B: Federal Insurance Company Two Logan Square; Suite 1600 INSURER c: Pacific Indemnity Co. 18th and Arch Streets INSURER 0' Philadelphia, PA 19103 INSURER E: Clienl#' 39328 PUBLFI 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 POLlCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NSR TYPE OF INSURANCE POLICY NUMBER P~AI.{~';r.i~iJ8,w\E P%~iJ I~X~~~I~N I.IMITS A ~NERAlLIABILITY 35363950 11/30/08 11/30/09 EACH OCCURRENCE '1 000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED .1 000000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) .10000 PERSONAL & ADV INJURY .1 000 000 - GENERAL AGGREGATE .2 000 000 C- GEN'L AGGREGATE LIMIT APAS PER- PRODUCTS - COM PlOP AGG 'Included 1Xl'-n- :RO- POLICY JECT lOC B ~TOMOBILE L1ABII.ITY 73248555 11/30/08 11/30/09 COMBINED SINGLE LIMIT ANY AUTO (Eaaccident) $1,000,000 c- C- ALL OWNED AUTOS BODilY INJURY (Per person) , - SCHEDULED AUTOS 1<- HIRED AUTOS BODilY INJURY , 1<- NON-OWNED AUTOS (Peraccidenl) - PROPERTY DAMAGE , {Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT , ANY AUTO OTHER THAN EAACC , AUTO ONLY' AGG , B ~ESS/UMBRELLA LIABILITY 79774080 11/30/08 11/30/09 EACH OCCURRENCE '10000000 X OCCUR D CLAIMS MADE AGGREGATE ,10000000 , R OEDUCT'BLE , RETENTION , , C WORKERS COMPENSATION AND 71642435 11/30/08 11/30/09 X I_~"H~,~" I 10J~ EMPLOYERS' LIABILITY ,1 000000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.l. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE ,1 000000 If yes. describe under E,l. DISEASE - POLICY LIMIT ,1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS RE: Agreement #08.5081 Financial Advisory Services It is hereby understood and agreed that Collier County is included as an Additional Insured with respect to the General Liability coverage only. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Government: DATE THEREOF, THE ISSUING INSURER WILL~KJ(R MAIL ---30...- DAYS WRITTEN Purchasing Building NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,DJl:.&M~J( 3301 E. Tamiami Trail ~K.,.tlXlJIl)dn.KJlUCX)NIlUlXa:dX:KBrDUn!J(XKlUllllKelllXt(nUK.aO$X)8{xx Naples, FL 34112 JlJt8!fDXllClROVXax ,6,UTHORIZED REPRES~~ .;.,,~ l\~S~o.~' ACORD 25 (2001/08) 1 of 3 #M256563 JDM @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, 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 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 25-5 (2001/08) 2 of 3 #M256563 DESCRIPTIONS (Continued from Page 1) Non-Owned & Hired Automboile and Workers Compensation - Evidence of coverage only AMS 25.3 (2001108) 3 013 #M256563 ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDfYYYY) 11/26/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Frank Crystal & Co., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Financial Square HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 32 Old Slip New York, NY 10005 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Indian Harbor Insurance Co. Public Financial Management, Inc. INSURER B: Two Logan Square, Suite 1600; 18th and INSURER c: Arch Streets INSURER D: Philadelphia, PA 19103 INSURER E Clienl#' 39328 PUBLFI 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. IT. NS. TYPE OF INSURANCE POLICY NUMBER PJ'~i~~ri~i~8~\E Pg~fJ (~X:,~~~N LIMITS ~NERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED - :5MMERCIAL GENERAL LIABILITY S -' CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ ~'~ AGGREnE ~~~ APPlS LPER: PRODUCTS - COM PlOP AGG $ POLICY JECT LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Eaaccidenl) - - ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) - - HIRED AUTOS BODILY INJURY (Per accident) S - NON-OWNED AUTOS PROPERTY DAMAGE $ (Peraccidenl) ~AGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ ~~SS/UMBREL.l.A LIABIL.ITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ =i ~EDUCT'BlE S RETENTION $ S WORKERS COMPENSATION AND I Tv;.,~.Jr~~~~ I IOJ~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below EL DISEASE POLICY LIMIT $ A OTHER Professional BINDER464006 11/30/08 11/30/09 Limit of Liability Liabil ity $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Evidence of Coverage Only The Professional Liability Policy is non-cancelable by the Insurer. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) 1 of 2 #256865 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL.LED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIL.L ENDEAVOR TO MAIL ----D./..c... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L.EFT, BUT FAIL.URE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ,6,UTHORIZED REPRESENTATIVE '\~ l\ooSl~~",~. CM5 @ ACORD CORPORATION 1988 Collier Country Government Center of Management and Budget 3301 Tamiami Trail, East Naples, Florida 34112 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, 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 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 25-5 (2001/08) 2 012 #256865