#08-5039R (Municipal Water Works, Inc.
A G R E E MEN T 08-5038R
for
Automatic Meter Reading System
THIS AGREEMENT, made and entered into on this _;QfI1day of _Jal'\ Ull..V-'j _ 20~; by
and between Municipal Water Works, Inc. authorized to do business in the State of Florida,
whose business address is 3028 Mercy Drive, Orlando Florida 32808, hereinafter called the
"Vendor" and Collier County, a political subdivision of the State of Florida, Collier County,
Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a
Purchase Order.
The County may, at its discretion and with the consent of the Vendor, 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 Vendor 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 Vendor shall provide Automatic Meter Reading
Systems in accordance with the terms and conditions of RFP #08-5038R and the
Vendor'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
Vendor 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 Vendor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price,
per Exhibits A & A-I 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). 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. Stat., otherwise known as the "Local Government
Prompt Payment Act."
Page 1 of8
4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if
mailed or faxed to the Vendor at the following Address:
Municipal Water Works, Inc.
3028 Mercy Drive
Orlando, Florida 32808
Attention: Debra Mathis, President
Telephone: 877-295-2409
Facsimile: 407-295-2455
All Notices from the Vendor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Vendor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Vendor or to constitute the Vendor as an
agent of the County.
7. PERMITS, LICENSES, TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Vendor. 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 Vendor. The Vendor shall also be solely responsible for payment of any
and all taxes levied on the Vendor. In addition, the Vendor 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 Vendor agrees to comply with all laws
governing the responsibility of an employer with respect to persons employed by the
Vendor.
8. NO IMPROPER USE. The Vendor 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 govenunental rule or regulation now in
Page 2 of 8
effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if
the County or its authorized representative shall deem any conduct on the part of the
Vendor to be objectionable or improper, the County shall have the right to suspend the
contract of the Vendor. Should the Vendor 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 Vendor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
9. TERMINATION. Should the Vendor 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.
10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
11. INSURANCE. The Vendor 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
Vendors; Products and Completed Operations and Contractual Liability.
B. Business Auto 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: 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 Vendor 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.
Page J of8
Vendor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Vendor shall provide County
with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor
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 Vendor or anyone employed or utilized by the
Vendor in the performance of this Agreement. This indemnification obligation shall not
be construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Water Department.
14. CONFLICT OF INTEREST: Vendor 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. Vendor further represents that no
persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Vendor's Proposal, Insurance Certificate, RFP #08-5038R, and Exhibits A and
A-I.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: (a.) Prohibition by the individual, firm, andj or any employee of the firm
from contact with County staff for a specified period of time; (b.) Prohibition by the
individual andj or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, andj or quotes; and, (c.)
immediate termination of any contract held by the individual andj or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Vendor 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
Page 4 of8
may be amended. Failure by the Vendor to comply with the laws referenced herein shall
constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
19. 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.
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.
21. AGREEMENT TERMS. lf 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 Vendor 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 Vendor 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 PERSONNEI/PROJECT STAFFING: The proposer's personnel and management
to be utilized for this project 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 the contract.
Selected firm shall assign as many people as necessary to complete the project on a
timely basis, and each person assigned shall be available for an amount of time
Page 5 0 f 8
adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key
Personnel unless the following conditions are met: (1) Proposed replacements have
substantially the same or better qualifications andj or experience; and (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 Vendor 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.
ATJ;.I\l!?'f:~F C'."
9:Wt.. 1 t:,B'fO:G~ Clerk of COUJfs
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BOARD OF COUNTY COMMISSIONERS
COLLIER/CI1UNTY, FLORjA _
By: i Ll..>~ ~4.~
Donna Fiala, Chairman
Municipal Water Works Inc.
Vendor
d..e. c -u...
rirst Witness
::JlUA/ C. T IV ""..,~...S'
Typejprint witness name
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Second tness
~\\~ Carl
Typej print witness name
By:
,
i~
Signature
l)e,'ortL L. lY\a'l-r"S ?r.es\'Je"t-
Typed signature and title
Approved as to form and
Ie sufficiency:
Jennifer Belpedio White
Assistant County Attorney
Page 6 of8
Exhibit A
Price List
3G Interpreter Register
Note: mounts on existing meter base
No wires/ no external antennas or components
$ 122.91 ea.
5/8" x %" Meter 3G RF Gal Register and PL Lid
$ 166.45 ea
3G Universal XTR Transceiver Encoder Input
(Does not include encoder register)
$ 88.76 ea.
3/4" SL Meter 3G RF Gal Register and PL Lid
$168.06 ea.
%" x 9" Meter 3G RF Gal Register and PL Lid
$182.41 ea.
1" Meter 3G RF Gal Register and PL Lid
$ 202.49 ea.
1-1/2" Thd Meter 3G RF Gal Register and PL Lid
$294.D1 ea.
2" Thd Meter 3G RF Gal Register and PL Lid
$356.38 ea.
Active Antenna
$ 36.67 ea.
A Y 10J23 - %" Meter Adapter Idler x 1-1/2"
$7.05 ea.
The following equipment and software will be included at no charge with the purchase of (1260) _
%" x 9" Meter 3G RF Gal Register and PL Lid -or- (1200) - 3G Interpreter Registers.
Included: Complete MasterLINK Data Collection and Laptop Vehicle Reading System For
Laptops
. Panasonic Toughbook Laptop
. Power cables
. Data Collection Software
. Vehicle Reading Software w / "Moving Maps"
. 3G Technician Software
. DMMR Transceiver and cigarette lighter plug
. Comm cables
. Mag Mount Antenna and cable
. GPS Receiver
. 2 Days On-site installation & training
. ASCII Interface to existing billing software
Additional Reading Equipment and software for Collier County's existing laptop:
. Data Collection Software
. Vehicle Reading Software w / "Moving Maps"
. 3G Technician Software
. DMMR Transceiver and cigarette lighter plug
. Comm Cables
. Mag Mount Antenna and cable
. GPS Receiver
Page 1 of 2
.
Exhibit A-I
Additional EQuipment and Software:
MasterLINK Laptop Vehicle Reading System
Incl udes:
· Panasonic Toughbook Laptop
· Power cables
· Data Collection Software
· Vehicle Reading Software wi" Moving Maps"
· 3G Technician Software
· DMMR Transceiver and cigarette lighter plug
· Comm cables
· Mag Mount Antenna and cable
. GPS Receiver
$8,491.62 ea.
MasterLINK Vehicle Reading System (less Laptop)
Includes:
· Data Collection Software
· Vehicle Reading Software wi" Moving Maps"
· 3G Technician Software
· DMMR Transceiver and cigarette lighter plug
· Comm cables
· Mag Mount Antenna and cable
· GPS Receiver
$5,438.98 ea.
MasterLINK Jett Handheld Reading System
Includes:
· Jeff Handheld Computer
· Charging Cradle and power cables
· Comm Cables
· Vehicle Reading Software
· 3G Technician Software
· DMMR Transceiver and cigarette lighter plug
· Comm cables
· Vehicle Cradle & Charger
· Mag Mount Antenna and cable
$6,564.21 ea.
Page 2 of 2
JAN-28-2009 03:04P FROM:
TO: 12392526597
P.l
ACORD CERTIFICATE OF LIABILITY INSURANCE 'I DATElMMfDDfYYYYl
'" 01128/2009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Tony Russllnsurance Agency,lnc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2575 S. French Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Sanford, Fl. 32773
INSURERS AFFORDING COVERAGE NAIC#
INSURED Municipal WalerWorkl, Inc. INSUReR A: Nautllul/CrumD Inl. Sarvlcea
3028 Mercy Drlva INSURER B: Auto Ownol'llnsurance
Orlando, Fl. 32800 INSURER c:
INSURER 07
INSURER s:
COVERAGES
THE POUCleS OF INSURANCE USTEO eel-ow HAVE BEEN ISSUEO TO THE INSUReo NAME;:D 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 POtlCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POUCIES, AGGR5GATE LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAlO CLAIMS.
INSR r:.~D' POUCY NUMBElR POLICY EPIlECnVI! POUCY EXPfRATION LIMITS
~NeRAL UABJUTY EACH OCCURRENCE S 1 000 000.
A X COMMERCIAL GENERAL LIABILITY NC841040 12/0712008 1210712009 DAMAGE TO RENTeo S 50 000.
I CLAIMS MADE [iJ OCCUR MEO EXP fAn OM orson) Is 1 000.
X HIRED/NON OWNED AUTO PERSONAL & AD\' INJURY S 1 000 000.
~ GENERAL AGGREGATE S 2 000 000.
,.Q.lN'~ AGG~En ,L.IMIT ~T~.!Et, PER: PRODUCTS - COMP/Op AGG S 1 000 000.
POLICY PRO. Lee
~TOIIIOliIll.liI LlAIIILITY COMBINED SINGLE LIMIT S 1,000,000
B ANY AUTO 47.335-824.Q0 08.Q0.2008 08.Q9.2009 (Ealllccldllnt)
,-
- ALL OWNED AUTOS SOOIL Y INJURY
.
..!.. SCHeOULED AUTOS (porpol'lon)
..!.. HIReD AUTOS BODILY INJURY
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- PROPERTY DAMAGE .
(Pereecldant)
RRAQa LIABILITY AUTO ONLY. EA. ACCIOENT S
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pEl881UMBRELLA LIABILITY EACH OCCURRENCE S
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.
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OTH&R Coveraga $217,000. $1,000 dad.
A Business PGl1Ional Property NC841040 12.07.2008 12-07-2009 Windstorm &
Hall $6 S1n.
DIilICRlPTION OP opeRATIONS J LOCA110N81 veHICLE81 EXCLUSIONIS ADDBO BY ENDORSCMBNT I SPECIAl. PROVISIONS
CerllRcate holdar la named a. addRlonal Inlured with re.pact to Ganeral Liability
CERTIFICA TE HOLDER
Collier Country
Board of County Commllllonell
3391 Tamleml Trail. Eost
Naple., Fl. 34112,
CANCELLATION
SHOULD ANY OI"THe ABOVE DeaCRllileD POUClliB BIi CANCELLED BEFORE THe EXPIRATION
CATIi THaRIiOf', THe IOBUJNO INSURER WILL 5NDliAYOR TO MAIL -1.L DAYS WRITTEN
NOnCIi TO THE CERTII"ICATE HOLDER NAMED TOTHI! Len, BUT FAILURe TO 00 SO SHALl
IMPOSE NO OeUGATION OR LIABILITY OP ANY KIND UPON THE INSURER. Irs AGENTS OR
ACORD 25 (2001/08)
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
1
PRODUCER Alliance Insurance SDlutiDns LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PO BDX 1777 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
St Petersburg, FL 33731 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
727-497.1247
WNW .ins4biz.com INSURERS AFFORDING COVERAGE NAIC#
INSURED PrDgressive EmplDyer INSURER A: SUNZ Insurance Comnan 10133
Services VI, LLC INSURER B:
6407 Parkland Drive INSURER C;
SarasDta FL 34243 INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PArD CLAIMS.
INSR r:.~~' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
~NERALlIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY ~R~~IS~srE~'(;~~~nce\ $
J CLAIMS MADE 0 OCCUR MED EXP (Any DOe parson) $
PERSONAL & ADV INJURY $
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1- POltCY n- PRf'.; Loe
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ANY AUTO (Eaaccidenl)
~
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r--- SCHEOUlED AUTOS
r--- HIRED AUTOS BODilY INJURY
(Perllccidenl) $
r--- NON.OWNED AUTOS
r--- PROPERTY DAMAGE $
(Pafllccldenl)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
B ANY AUTO OTHER THAN EA ACe $
AUTO ONLY; AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
~ OCCUR 0 CLAIMS MADE AGGREGATE $
$
R ~EDUCTIBlE $
RETENTION $ $
A WORKERS COMPENSATION AND -L I T~%"'TATUi I ,tIOJI;"
EMPLOYERS' LIABILITY WCPEOOOOOO0603 10/20/2006 1/1/2009 E.l. EACH ACCIDENT $ 1 000 000
ANY PROPRIETOR/PARTNER/EXECUTIVE WCPEOOOOOO0604 1/1/2009 1/1/2010
OFFICERnliEMBER EXCLUDED? E.L DISEASE _ EA EMPLOYEE $ 1 000 000
~~~~lltSp~~VIS?~~S below EL DISEASE - POLICY LIMIT $ 1 000.000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS
Slate Df FL CDver~e Only
CDverage Provide fDr all Leased EmplDyees but nDt SubcDntractDrs Df:
MunIcipal Water WDrks, Inc.
CERTIFICATE HOLDER
CANCELLATION
6265 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
COLLIER COUNTY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ....30...:. DAYS WRITTEN
3301 TAMIAMI TRAIL EAST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
NAPLES FL 34112 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES. .10 Days for Non-Payment of PremIum
AUTHORIZED REPRESENTATIVE au~d!1it~
Douglas Lilak
CERT NO.. 4169048 CLIENT CODE, PESV Virginia Proffitt Phone, 1~941-92S-2990 12/10/2008 8:40:32 !J\'oeft[J 25 (2001/0B) @ACORD CORPORATION 1988