#09-5239 (Vila & Son)
A G R E E MEN T 09-5239
tor
Annual Contract tor Landscape Maintenance Vendors
THIS AGREEMENT is made and entered into this 28 day of July, 2009, by and between the Board of
County Commissioners for Collier County, Florida, a political subdivision of the State of Florida
(hereinafter referred to as the "County" or "Owner") and Vila and Son Landscaping Corporation,
authorized to do business in the State of Florida, whose business address is 20451 SW 216th Street,
Miami, FL 33170 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on the date
of the Notice to Proceed, and terminating one year later, or until such time as all outstanding
Purchase Orders issued prior to the expiration of the Agreement period have been completed.
This contract may be renewed for three (3) one (1) year renewals, renewable annually. 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 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 not less than ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed seven (7) firms to be
pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement
to provide complete services for Landscape Maintenance in specific categories. Some
contractors are identified in one or more of the following categories: Category I - Landscape
and Irrigation Maintenance (Vila and Son); Category " - Mowing and Right-at-Way
Maintenance (Vila and Son); and Category III - Tree Service on an as-needed basis as may
be required by the Owner in accordance with the terms and conditions of RFP #09-5239 and
the Contractor's proposal, which is incorporated by reference and made an integral part of this
Agreement. The execution of this Agreement shall not be a commitment to the Contractor that
any work will be awarded to the Contractor. Rather, this Agreement governs the rights and
obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken
by Contractor for Owner pursuant to this Agreement and that procedure during the term and
any extension of the term of this Agreement.
Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be
performed to all the Contractors in a specific category which will afford the Contractors the
opportunity to submit a formal quotation for the Work; the Contractors shall respond with the
information sought within the time specified by the Project Manager. The Project Manager will
award the work to the Contractor that submits the lowest responsive quote and the successful
firm will receive a Purchase Order for Work including incidentals.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
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Quotation. Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
Vila and Son Landscaping Corporation
20451 SW 216th Street, Miami, FL 33170
305-255-9206 telephone, 305-255-9207 fax
Juan C. Vila, CEO
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 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 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, Florida Statutes, 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.
Contractor is not responsible for paying for permits issued by Collier County, but is responsible
for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor. 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.
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
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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 and requirements of this Agreement, the County may
terminate said Agreement for cause; further the County may terminate this Agreement for
convenience with a seven (7) 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 $2,000,000 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 Liabilitv: Coverage shall have minimum limits of $2,000,000 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 $1 ,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
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.
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11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
ContractorNendor/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
ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/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.
This section does not pertain to any incident arising from the sole negligence of Collier County.
12. PAYMENTS. Upon execution of the Contract and completion of each month's work, payment
requests shall be submitted to the Project Manager on a monthly basis by the Contractor for
services rendered for that prior month. Invoices shall not reflect sales tax. After review and
approval, the invoice will be transmitted to the Finance Department for payment. Payment will
be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida
Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County reserves the
right to withhold and/or reduce an appropriate amount of any payments for work not performed
or for unsatisfactory performance of Contractual requirements. Contractor. Services beyond
60 days from the current monthly invoice will not be considered for payment unless authorized
by the Project Manager. Also at the end of the County's fiscal year, September 30, invoices
must be complete. Invoices submitted for prior work in the fiscal year unless authorized by the
Project Manager will not be accepted.
13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner'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, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor
to Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
15. CONTRACT TIME AND TIME EXTENSIONS.
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A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
16. CHANGES IN THE WORK. Owner 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 itemized 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 written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Purchase Order Modification shall be issued and executed promptly after an agreement is
reached between Contractor and Owner concerning the requested changes. Contractor shall
promptly perform changes authorized by duly executed Purchase Order Modifications.
17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at
variance therewith, it shall promptly notify Owner in writing.
18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. During the course of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
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tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. 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
Owner.
20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
Contractor further warrants, see Exhibit A hereto attached, to Owner 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, fabricators, suppliers or processors except as otherwise provided for in the
Contract Documents.
If, within one (1) year after any application, installation, connections, materials, equipment,
and/or anything erected 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 Owner.
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 Owner is entitled as a matter of law.
21. 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.
22. 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 Owner 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 Owner.
23. 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 Owner or Owner's separate contractors, Contractor shall be charged with the
Page -6-
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 Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by
Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
25. INSPECTIONS. Owner reserves the right to inspect the Work and make an independent
determination as to the acceptability of the Work. Unless and until the Owner is completely
satisfied, payment shall not become due and payable.
26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Alternative Transportation Department.
28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 09-5239, any
addenda, any Quotation/Purchase Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Purchase Orders.
29. 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
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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.
30. 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.
31. 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.
No markup shall be applied to sales tax.
32. 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.C. 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.
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. 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.
35. 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.
Page -8-
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.
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COU Y, FLORIDA
~cl~
ATTEST:
Dwight E. Brock, Clerk of Courts
0.( .By:
Donna Fiala, Chairman
i<~ ,j; . .. _ . .
. ~ ~'~;i.:.li,..,,~,. 1".1
Vila and Son Lands
Contra
tion
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Typed Signature
frUh~o~f
Title
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Type/Print Witness Name
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Page -9-
EXHIBIT A
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -10-
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ACORD@
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PRODUCER
877-945-7378
DATE (MM/DDIYYYV)
07/20/2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
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CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3
Willis of Florida, Inc.
26 Century Blvd.
P. O. Box 305191
Nashville, TN 37230-5191
INSURED
Vila and Son Landscaping Corp
4175 Buckingham Road
Ft. Myers, FL 33905-7206
INSURER D:
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.
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COMBINED SINGLE LIMIT
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BODILY INJURY
(Per person)
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(Per accident)
PROPERTY DAMAGE
(Per accident)
B EXCESS I UMBRELLA LIABILITY BE6564742
l_lL OCCUR == CLAIMS MADE
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A ,WORKERSCOMPENSATION 4066803972
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SPECIAL PROVISIONS below
OTHER
4/1/2009
4/1/2010
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Contract 09-5239 Landscape Maintenance Vendors
It is agreed that Collier County is included as an Additional Insured as respects to General
Liability and Automobile Liability, but solely in regards to work being performed by or on behalf
of the Named Insured when required by written contract or written agreement.
and non-con
Collier County
Attn: Stephen Y Carnell
Purchasing Dept
3301 East Tamiami Trail
Naples. FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2009/01)
ColI: 2758604 Tpl: 936016 Cert: 12827072 @1988-2009ACORD CORPORATION. All rights reserved,
The ACORD name and logo are registered marks of ACORD
WIllis CERTIFICATE OF LIABILITY INSURANCE I DATE
Page 2 of 3 07/20/2009
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis of Florida, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191 , i
Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE I NAIC#
_m _ .___. __________~__ __. _ _ _ __________ - ---- , ;~SURER A Uni ted S ta te s FireI-ns:;~~~~-C~-~~~~;.-+2~~~-3~~-~~.
INSURED Vila and Son Landscaping Corp i
4175 Buckingl"\am Road I INSLJ~ERI3-N~~_i~~;~-Y~~O~ml' ~re i';~ll~;;;=co.m~~~;:;;=I~~~!.~~~~=
Ft. Myers, FL 33905.7206
I:::~-:~~~.. -- _ --- ----- ------...----- ---------------- -------------- t----~------
_.- ._.--------_.._-----------------~- ---------- __ un _________ _____________ t---------- ---
, INSURER E:
:
DESCRIPTION OF OPERATIONS/LOCATlONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
any other insurance in force for or which may be purchased by the Additional Insured.
It is understood and agreed that the company waives its right of subrogation against the
Additional Insured which may arise by reason of a payment of claim under the General Liability,
Automobile Liability and Workers Compensation policies when required by written contract or written
agreement.
Coll:2758604 Tpl:936016 Cert:12827072
Page 3 of 3
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
This Certificate of Insurance 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 (2009/01)
Coll:2758604 Tpl:936016 Cert:12827072
Policy Number
5417001009
Crum;:c',.,Forster'
SCHEDULE OF FORMS AND ENDORSEMENTS
UNITED STATES FIRE INSURANCE COMPANY
Named Insured: Vila and Son Landscaping Corp
Effective Date: 4/1/2009
12:01 A.M., Standard Time
Agent No. 83324
Agent Name: WILLIS OF FLORIDA - MIAMI
COMMON POLICY FORMS AND ENDORSEMEN'l'S
FM 206.0.6
FM 206.0.2
FM 206.0.11
FM 206.0.1
FM 206.0.3
IL 00 17
FM 206.0.8
FM 600.0.963
FM 206.0.204
IL 00 21
FM 108.0.816
GENERAL LIABILITY
CG 22 94
CG 00 01
FM10101252
FM10101404
FM 206.0.5
CG 02 20
CG 04 35
.. CG 20 10
CG 20 34
CG 21 47
CG 21 55
CG 21 73
CG 22 43
CG 25 03
FM 206019
FM10101206
FM10101441
FM10101806
FM10101839
FM10101840
FM10101847
~ FM10101848
FM10101903
FM10101916
FM10102086
FM10102167
FM6000955
CG 24 04
CG 21 39
FM 2.0.949
04-94
04-94
09-07
04-94
04-94
11-98
04-94
04-94
07-93
07-02
11-01
COMMON POLICY DECLARATIONS
SCHEDULE OF FORMS AND ENDORSEMEN'l'S
SIGNATURE PAGE - US FIRE
SCHEDULE OF NAMED INSUREDS
SCHEDULE OF LOCATIONS
COMMON POLICY CONDITIONS
SCHEDULE OF TAXES, SURCHARGES OR FEES
PREMIUM PAYMENT SCHEDULE
AMENDMENT OF CANCELLATION CONDITION
NUCLEAR ENERGY LIABILITY EXCLUSION END'!'
TO OUR FLORIDA POLICY HOLDERS
FORMS AND ENDORSEMEN'l'S
10-01 EXCLUSION-DMG TO WORK BY SUBCONTRACTORS
12-07 COMMERCIAL GENERAL LIABILITY COV FORM
10-05 ABSOLUTE ASBESTOS EXCLUSION
07-01 COMM GL COV PART SUPP DECLARATION
04-94 COMPOSITE' RATING PLAN ENDORSEMEN'l' SCHEDU
12-07 FL CHANGES - CANCELLATION & NONRENEWAL
12-07 EMPLOYEE BENEFITS LIABILITY COVERAGE
07-04 ADDTL INSD - OWNERS, LESSEES OR
07-04 ADDTL INSD LESSOR OF LEASED EQUI
12-07 EMPLOYMENT-RELATED PRACTICES EXCLUSION
09-99 TOTAL POLLUTION EXCL. WITH HOSTILE FIRE
01-08 ",,,lijXCLUSION OF CERTIFIED ACTS OF TERRORISM
07-98 "EXCL-ENGINEERS, ARCH OR SURV (PROF LIAB)
03-97 DESIGNATED CONSTRUCTION PROJECTS GENERAL
07-03 COMPOSITE RATING PLAN END'I'
08- 0 3 GL ENHANCEMEN'l' END'!'
11-96 ARBITRATION END'I' - RETRO RATING PLANS
08-03 GL ENHANCEMENT ENDORSEMENT SUPP SCHEDULE
04-00 SUBSIDENCE I EARTH MOVEMENT I PRESSURE EXCL
04-00 CGL EIFS I DEFS EXCLUSION
08-00 ECOMLIABILITY
07-00 ADDL INSD - BY WRITTEN CONTRACT
11-05 EXCLUSION - CONSTRUCTION DEFECTS
06-01 MOLD EXCLUSION
12-02 CONSTRUCTION RELATED PRODUCTS AMENDATORY
05-04 ABSOLUTE SILICA EXCLUSION
09-99 LEAD EXCL END'I'
10-93 WAIV OF TRNSFR RHTS OF REC AG OTH TO US
10-93 CONTRACTUAL LIABILITY LIMITATION
12-06 FLORIDA~+CANE CATASTROPHE FUND SIC
~ ' ,,"J I. .'
'I'"
, '.., l ~
FM 206.0.2 04 94
Named Insured: Vila and Son Landscaping Corp
COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
Policy Number: 541 700100 9
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -.OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
- COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
Collier County Contract 09-5239 Landscape Maintenance Vendors
As per written contract or agreement
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to include B. ~ith respect to the insurance afforded to these
as an additional insured the person(s) or organizatioh(s)addifi8nal insureds, the following additional exclusions
shown in the Schedule, but only with respect tq, liabilttyf8h fapp'ly:
"bodily injury", "property damage" or "peg')pMI and.
advertising injury" caused, in whole or in part, by: ' This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. Your acts or omissions; or
in the performance of your ongoing operations. for the
additional insured(s) at the location(s) designated above.
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. The acts or omissions of those acting on your behalf;
,; ~ i f
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 20 10 070 4
@ ISO Properties, .Inc. 2004
.j '.
Page 1 of 1
..11 !
~;;-l:.)
VIII. MOBILE EQUIPMENT
The following is added under SECTION V - DEFINITIONS, 12. "Mobile Equipment":
Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross
vehicle weight.
IX. ADDITIONAL INSUREDS BY WRITTEN CONTRACT
SECTION 11- WHO IS AN INSURED is amended to include as an additional insured any
person or organization whom you are required to add as an additional insured to this
policy by a written contract or written agreementthat is:
(1) currently in effect or becoming effective during the term of this policy; and
(2) executed prior to the "bodily injury", "property damage" or "personal and
advertising injury".
A. The Insurance provided to the additional insured applies as follows:
1. That person or organization is only an additional insured with respect to liability
caused by your negligent acts or omissions at or from:
(a) premises you own, rent, lease, or occupy or
(b) your ongoing operations performed for the additional insured at the job
indicated by written contract or written agreement.
2. The limits of insurance applicable to the additional insured are those specified in
the written contract or written agreement or in the Declarations of this policy
whichever are less. These limits of insurance are inclusive of and not in addition
to the limits of insurance shown in the Declarations.
B. If the additional insured is an architeq~,_;el')gl!il~er, or surveyor, the insurance provided
to the additional insured.does not apply to "bodily injury", "property damage", or
"personal and advertising injury" caused by the rendering of or failure to render any
professional services inc!l,Jding:
1. preparing, approving, or failing to prepare or approve maps, drawings, opinions,
reports, surveys, change orders, designs or specifications; and supervisory,
inspection, or engineering services.
C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, under 4. Other
Insurance, is amended a~ follows:
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
FM 101.0.12060803
Page 4 of 8
, I
.,1-....
The following is added to item a.:
Regardless of wheth,er other insurance is available to an additional insured on a
primary basis, thisihsurance will be primary and noncontributory if a written contract
between you and the additional insured specifically requires that this insurance be
primary.
D. With respect to the insurance afforded these additional insureds, following
additional exclusion applies:
This insurance does not apply to:
1. "Bodily injury" or "property damage" occurring after:
(a) all work, including materials, parts or equipment furnished in connection
with such work, on the project (other than service, maintenance or
repairs) to be performed by or on behalf of the additional insured(s) at
the site of the covered operations has been completed; or
(b) that portion of "your work" out of which the injury or damage arises has
been put to its intended use by any person or organization other than
another contractor or subcontractor engaged in performing operations
for a principal as part of the same project.
X. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS
SECTION II - WHO IS ~~J~~URED is amended to include as an additional insured any
state or political subdivisionwt,lich as issued a permit to you.
1. This applies only with respect to operations performed by you or on your behalf for
which the state or political subdivision which as issued a permit to you.
2. This insurance does not apply to:
a. "Bodily injury", Property Damage", or "Personal and Advertising injury" arising out
of operations performed for the state or municipality; or
b. "Bodily injury" or "Property Damage" included within the "Products-Completed
Operations Hazard".
XI. PROPERTY DAMAGE LIABILITY - ELEVATORS AND SIDETRACK AGREEMENTS
The following is added under~SEqTlq~)k- COVERAGES, COVERAGE A. BODILY
INJURY AND PROPERTY D,AMAGE LIABILITY, 2. Exclusions:
'\,"U )J"'h.r. i '-- ...
Includes copyrl9tl~ed material of Insurance Services Office, Inc.,
with its permission.
FM 101.0.12060803
Page 5 of 8
# 541 7001009
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURE[)SBY,WRlnEN CONTRACT -
INCLUDING COVERAGE' FORiCOMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART AND THE GENERAL LIABILITY
ENHANCEMENT ENDORSEMENT
Item XIII. ADDITIONAL INSUREDSf'BY WRITTEN CONTRACT in General Liability Enhancement
Endorsement is replaced by the following:
Section II - WHO IS AN INSURED is amended to include as an additional insured any person or
organization whom you are required to add as an additional insured to this policy by a written contract or
written agreement that is:
1. currently in effect or becoming effective during the term of this policy; and
2. executed prior to the "bodily injury", "property damage", "personal and advertising injury".
A. The insurance provided to the additional insured applies as follows:
1. That person or organization is only an additional insured with respect to liability caused by your
acts or omissions at or from
a. premises you own, rent, leasE3,qr:.o,c9l:1Py;pr '
b. work performed for the additiqJ;!winsureqiatthe job indicated by written contract or written
agreement.
2. The limits of insurance applicable to the additional insured are those specified in the written
contract or written agreement or in the Declarations of this policy, whichever is less. These limits
of insurance are inclusive of and not in addition to the limits of insurance shown in the
Declarations.
)l,.~, ',;,
B. If the additional insured is an archit~ct,'engineer, or surveyor, the insurance provided to the additional
insured does not apply to "bodily injury", "property damage", "personal injury and advertising injury"
caused by the rendering of or failure to render any professional services including:
1. the preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports,
surveys, change orders, designs or specifications; and
2. supervisory, inspection, or engineering services.
C. Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, under 4. Other Insurance, is
amended as follows:
The following is added to item a.:
Regardless of whether other insuran~~ isay~i1a,ble. to an additional insured on a primary basis, this
insurance will be primary and 1l0nYRJ}!ributd~\If:a written contract between you and the additional
insured specifically requires that this insurance be primary.
FM 101.0.18480700
Policy Number
1387301616
Named Insured:
SCHEDULE OF FORMS AND ENDORSEMENTS
UNITED STATES FIRE INSURANCE COMPANY
Agent Name: WILLIS OF FLORIDA - MIAMI
Effective Date: 4/1/2009
12:01 A.M., Standard Time
Agent No. 83324
COMMON POLICY FORMS AND ENDORSEMENTS
FM 206.0.6
FM 206.0.2
FM 206.0.11
FM 206.0.1
IL 00 17
FM 206.0.8
FM 600.0.963
IL 00 21
FM 108.0.816
04-94
04-94
09-07
04-94
11-98
04-94
04-94
07-02
11-01
COMMON POLICY DECLARATION
SCHEDQl.E OF FORMS AND ENDORSEMENTS
SJ:GNAT'Ql:\!: PAGE - US FIRE
SClHE~'l OF NAMED INSUREDS
COMMON POLICY CONDITIONS
SCHEDULE OF TAXES, SURCHARGES OR FEES
PREMIUM PAYMENT SCHEDULE
NUCLEAR ENERGY LIABILITY EXCLUSION ENDT
TO OUR FLORIDA POLICY HOLDERS
AUTOMOBILE FORMS AND ENDORSEMENTS
CA 20 01
FM 206.0.19
FM 114.0.1116
FM 114.0.1116A
CA 00 01
FM 101.0.1544
FM 206.0.5
CA 01 28
CA 02 67
CA 21 72
FM 114.0.1254
CA 22 10
CA 20 56
CA 99 03
CA 99 16
CA 99 23
CA 99 33
CA 99 44
CA 99 54
FM 114.0.1263
FMl14.0.1269
FM2.0.852
FM 114.0.1041
FM 2.0.949
CA 99 10
FM 206.0.2 04 94
03-06
07-03
04-06
04-06
03-06
02-02
04-94
02-03
07-07
03-06
06-03
07-04
02-99
03-06
12-93
12-93
02-99
12-93
07-97
02-02
04-02
12-03
01-89
12-06
09-02
ADDL INSD - LESSOR
COMPOSITE RA'l'ING PLAN ENDORSEMENT
BUSINESS AUTO POLICY - DEC
BUSINESS AUTO DECLARATIONS (CONTINUED)
BUSINESS AUTO COVERAGE FORM
RISK RETENTION AGGREGATE LIMIT ENDT
MANUSCRIPT ENDORSEMENT
FLORIDA CHANGES
FL CHANGES - CANCELLATION AND NONRENEWAL
FL UNINSURED MOTORISTS COV - NON STACKED
COVERAGE SYMBOL ENDORSEMENT
FL PERSONAL INJURY PROTECTION
FELLOW EMPLOYEE COV FOR DESIG EMPLOYEES
AUTO MEDICAL PAYMENTS COVERAGE
HIRED AUTO SPECIFIED AS COV AUTO YOU OWN
RENTAL REIMBURSEMENT COVERAGE
EMPLOYEES AS INSUREDS
LOSS PAYA,BLE CLAUSE
COVERED AVTODESIGNATION SYMBOL
I,' MMl!;R,CJ:AL J\.p:':l'O BROAD FORM ENDORSEMENT
,'~DE~.>;I)tSUEOwCE DAMAGE &: DEF COMBINED
Jt'CT:r~/ELECTION OF UM COVERAGE
NOTICE TO FLORIDA AUTO P/H WITH P.I.P.
FLORIDA HURRICANE CATASTROPHE
DRIVE OTHER CAR COVERAGE
~"~' L
i--",
- "
- ,
Vila & Son Pol. No. 138730161 6
(See Page 3 of 5 for Additional Insured
Wording)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE
BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
A. Broadened Insured Status
The following are added as Named Insureds to this policy:
1. Any subsidiary which is a legally incorporated entityof which you own a financial interest of more than
50% of the voting stock on the effective date of this Coverage Form.
However, the insurance afforded by this provision A.1. does not apply to any subsidiary that is an
insured under any other automobile liability policy, or would be an insured under such policy but for the
termination of such policy or the exhaustion of such policy's limits on insurance.
~'~~~ C~~:
2. Any organization you newly acquire or form, and over ,^\hich you maintain majority interest.
The insurance afforded by this provision A.2.:
(a) Is effective on the acquisition or formation date, and is afforded only until the end of the policy
period of this Coverage Form, or the next anniversary of its inception date, whichever is
earlier.
(b) Does not apply to "bodily injury" pr "property damage" resulting from an "accident" that
occurred before you acquired or formed the organization.
(c) Does not include any newly acquired or formed organization that is:
i. A joint venture or partnership; or
ii. An insured under any other automobile liability policy, or would be an insured
under such policy but for the termination of such policy or the exhaustion of
such policy's limits of insurance.
B. Coverage Extensions - Supplementary P~yments
Supplemental Payments a.(2.) anda.(,f)Jn Coverage Extensions (Section II) are revised as follows:
1. In a.(2), the limit for the cost of bail bonds is increased to $3,000; and
2. In a.(4), the limit for the actual loss of earnings is increased to $1,000 per day.
FM 114.0.1263 (2/02)
Page 1 of 5
C. Duties in the Event Of An Accident, Claim, Suit, Or Loss.
1. Your obligation in Loss Condition 2.a. (Section IV) relative to notification requirements applies only when
the "accident" or "loss" is known to:
"I -;' t.;<
a. You, if the named "Insured" is an indiyidual;
b. A partner, if the named "insured" is a partnership;
c. A member, if the named "insured" is ~ joint venture or limited liability company; or
d. An executive officer or insurancen;uir;\ager, if the named "insured" is an organization other than a
partnership, joint venture or limited liability company.
2. Your obligation in Loss Condition 2.b (Section IV) relative to providing us with documents concerning a
claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is
known to:
a. You, if the named "insured" is an individual;
b. A partner, if the named "insured" is a partnership;
c. A member, if the named "insured" is a joint venture or limited liability company; or
d. An executive officer or insurance manager, if the named "insured" is an organization other than a
partnership, joint venture or lim ited liability comp8l)Y~, ,..
D. Unintentional Failure To Disclose Hazards",
If you unintentionally fail to disclose any hazards existing on the effective date of this policy, we will not
deny coverage under this Coverage Form because of such failure. However, this provision does not
affect our right to collect additional premium due to us as a result of these undisclosed hazards in
accordance with our filed rating plans.
1 ;':~
E. Coverage Territory - Short Term Hired Commercial "Autos"
The following is added to the General Condition 7. Policy Period, Coverage Territory (Section IV):
1. Anywhere in the world if:
(1) A covered "auto" of the commercial van, pick-up, or truck type is leased, hired, rented or borrowed
for a period of 30 days or less: and
(2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United
States of America, the territories and possessions of the United States of America, Puerto Rico, or
Canada or in a settlement we agree to.
.'
We will cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of
these places.
FM 114.0.1263 (2/02)
~age 2 of 5
~~ .
,
F. Mental Anguish Resulting From "Bodily Injury"
The definition of "bodily injury" in Section V. - Definitions is replaced by the following:
"Bodily injury" means physical injury, physical sickness or physical disease sustained by any person, including
"mental anguish" or death resulting from any of these. It does not include mental anguish to any person
which occurs in the absence of physical injury, physical sickness or physical disease to that person.
For the purpose of this provision, the term "mental anguish" shall mean any type of mental or emotional
illness or distress.
G. Non-Owned Auto Waiver Of Subrogation
We hereby waive any right of subrogation against any of your officers, directors, or "employees" which
might arise by reason of any payment under the insurance afforded by this policy for the operation"
maintenance, use, loading, or unloading of non-owned "autos". This waiver extends only to payments in
excess of other valid and collectible insurance available to the officer, director, or "employee".
H. Blanket Waiver of Subrogation When Required Under Written Contract
The following is added to Section IV - Business Auto Conditions, A.5. Transfer Of Rights Of Recovery
Against Others To Us:
However, we waive any right of recovery we may have against a person, organization or government
entity when you have waived such right of recovery under a written "insured contract" provided such
written "insured contract" is:
1. currently in effect or becoming effective during the term of this policy; and
2. executed prior to the "accidenf' or "los's"; or
3. executed after the "accident" or "loss" if:
a. the terms and conditions of the written "insured contracf' had been agreed upon prior to the
"accident" or "loss"; and
b. you can definitively establish that the terms and conditions of the written "insured
contract" ultimately executed are the same as those which had been agreed upon prior to the
"accident" or "loss".
I. Blanket Additional Insured When Required, ,Under Written Contract
Who Is An Insured (Section II - Liability Coverage, Paragraph A.1) is amended to add:
d. Any person, organization or governmental entity with respect to the operation, maintenance, or use of
a covered "auto" if you are required to add such person, organization or governmental entity to this policy
as an additional "insured" in order to comply with the terms of a written "insured contract" or written
agreement. This Additional Insured status is not conferred when such "insured contract" or written
agreement":
1. involves the owner or anyone else from whom you hire or borrow a covered "auto" unless it is
a "trailer" connected to a covered "auto" you own; or
FM 114.0.1263 (2/02)
. )~~ge3pf ~ri~
'..1- );
2. is executed after the date of "accident" or "loss";
Paragraph d.2. above does not apply if:
a. the terms and conditions of t~e written "insured contract" or written agreement had been
agreed upon prior to the "accident" or "loss"; and
b. you can definitively establish that the terms and conditions of the written "insured contract" or
written agreement ultimately executed are the same as those which had been agreed upon
prior to the "accident" or "loss".
J. Physical Damage - Glass Breakage
If you carry Comprehensive Coverage for the damaged covered "auto", then this coverage
extension J. applies to that covered "auto";
The following paragraph is added to A.3., Glass Breakage (Section III):
Any deductible shown in the Declarationswill not apply to glass breakage if such glass is repaired, in a
manner acceptable to us, rather than replaced. If the glass must be replaced and there is no other
damage associated with the "loss", the deductible will be $100 unless a lower deductible is shown on the
declarations page for this coverage.
K. Physical Damage-
Increased Temporary Transportation Expense, Including Coverage
for Commercial Vehicles
,.,
If you carry Comprehensive coverage for the 'damaged covereq "auto", then this coverage extension K.1. and
K.2. applies if the "loss" results from a Comprehensive "loss", even if the covered "auto" is not of the private
passenger type. If you carry Collision coverage for the damaged covered "auto", then coverage extension
K.2. applies if the "loss" results from a Collision "loss", even if the covered "auto" is not of the private
passenger type.
1. Paragraph AA.a, Coverage Extension (Section III) is revised, with respect to temporary transportation
expenses incurred by the named "insured", to provide a per day limit of $50 per day subject to a
maximum limit of $1,500. In addition, the waiting period is hereby reduced so that coverage will
begin 24 hours after the theft.
No deductibles shall apply to this coverage.
2. We will pay for necessary and actual additional' transportation expenses, including rental
reir:nb~rsement, incurred by the named ~'.ins,ur~c;I:;tc;lue to "loss", other than theft, to a covered "auto"
which IS: " '"
f-'-'" '
a. identified or described in the Declarations or Schedule; and
b. carries physical damage coverage for the "loss" under this policy.
This coverage shall be provided ,witt)l9.yt.ded\Jctible and is limited to $50 per day subject to a maximum
limit of $1,500. This coverage does not apply while there are spare or reserve "autos" available to the
named "insured". We will only pay for th~se additional tran~portation expenses incurred during the policy
period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, when the
covered "auto" is repaired or replaced, or we pay for its "loss", whichever is earlier.
FM 114.0.1263 (2/02)
Page 4 of 5
L. Multiple Deductible Protection
", '.:
If you carry Comprehensive and Collision coveragElS,f9r the da.r:naged covered "autos", then this coverage
extension L. applies to those covered "autos",
The following is added to Paragraph D. Deductible under Section 111- Physical Damage Coverage:
Whenever a covered "auto" and trailer are each damaged in the same "loss" while operating as a
combined truck and trailer unit, only one deductible shall apply to the "accident". The larger of the two
deductibles shall apply.
. ,.q..j
If another policy or coverage form issue<:l'by us, that is not an automobile policy or coverage form,
applies to the same "loss" or "accident", the following applies:
1. If the deductible under this Business Auto Coverage Form is not the largest deductible, it
will be waived.
2. If the deductible under this Business Auto Coverage Form is the largest deductible, it will
be reduced by the amount of the smaller (or smallest) deductible.
M. Extra Expenses - Stolen Vehicles
The following is added under Paragraph A.4.a. Coverage Extensions of Section III - Physical Damage
Coverage:
l..,', ' d
We will pay for all reasonable and neces~aryexpens~s to return a stolen covered "auto" to the named insured
if such covered "auto" carries Comprehensive coverage.
N. Extended Towing Coverage
If the named insured carries Comprehensive and Collision Coverage for the damaged covered commercial
"auto", then this coverage extension N. applies to that covered "auto". If the damaged covered "auto" is of the
private passenger type, then in addition to Cdft1:prehensive and Collision Coverage, the damaged covered
"auto" must also carry Towing Coverage in order for this coverage extension N. to apply.
We will pay for towing and associated labor costs each time a covered "auto" is disabled. All labor must be
performed at the place of disablement. If the "auto" is of the private passenger type, there will be no
deductible. If the "auto" is not a private passenger type, a $250 deductible will apply to this coverage but it
will not reduce the available limit of insurance. For all types of "autos", the most we will pay under this
coverage is $1,000 per disablement. "Autos" which are disabled do not include stolen vehicles.
O. Airbag Coverage
If the named "insured" carries Comprehensive and Collision Coverage for the damaged covered "auto", then
this coverage extension O. applies to that covered "auto".
The following is added to subparagraph 3.~. ;unp,er;P~ra.g~aph B. Exclusions (Section III - Physical Damage
Coverage): '
The accidental discharge of an airbag shall not be considered mechanical breakdown and therefore shall not
be excluded. This provision does not apply to "autos" you hire with a driver and it is excess over any warranty
specifically designed to provide this coverage.
FM 114.0.1263 (2102)
;.1',>..
\,j1il"
,Page 5 of 5
Policy Number
4066803972
SCHEDULE OF FORMS AND ENDORSEMENTS
UNITED STATES FIRE INSURANCE COMPANY
Named Insured:
Agent Name: WILLIS OF FLORIDA - MIAMI
Effective Date: 4/1/2009
12:01 A.M., Standard Time
Agent No. 83324
WC 00 00 00 A
FM 206.0.11
WC 00 00 01 C
FM 206.0.1
FM 206.0.2
FM 600.0.963
WC 174
FM 110.0.619
FM 101.0.1441
FM 101.0.1544
FM 206.0.204
WC 00 03 03 B
WC 00 03 03 C
WC 00 03 10
..WC 00 03 13
WC 00 04 14
WC 09 03 03
WC 09 04 03
WC 09 06 06
WC 34 03 01 B
WC 49 03 01
WC 99 03 02
FM 111. 0.754
WC 09 04 03A
WORKERS COMPENSAT:ION FORMS AND ENDORSEMENTS
:INSURANCE PO~:ICY
U'SF:IRB,JJ:NSuRANCE COMPANY S:IGNATURE PAGE
:INFORMAT:ION PAGE - PAGE 1
SCHEDULE OF NAME :INSUREDS
SCHEDULE OF FORMS AND ENDORSEMENTS
PREM:IUM PAYMENT SCHEDULE
WC AND EMPL L:IAB EXTENS:ION OF :INFO PAGE
WC FORE:IGN VOLUNTARY CaMP &: EL COV ENDT
ARB:ITRAT:ION ENDORSEMENT
R:ISK RETENT:ION AGGREGATEL:IM:IT
A.MENDMENT OF CANCELLAT:ION COND:IT:ION
EMPLOYERS L:IAB:IL:ITY COVERAGE ENDT
~PLOYERS L:IAB:IL:ITY COVERAGE ENDT
SOLE PROPR:IETORS, PARTNERS, OFF:ICERS END
WA:IVER OF OUR R:IGHT TO RECOVER
NOT:IF:ICAT:ION OF CHANGE :IN OWNERSH:IP ENDT
FL EMPLOYERS L:IAB COV ENDT
FL CONTRACT:ING PREM:IUM ADJUSTMENT ENDT
FL EMPLOYMENT &: WAGE :INFO RELEASE ENDT
OH EMPLOYERS L:IAB:IL:ITY COVERAGE ENDT
WY AMENDATORY ENDT
FL DEDUCT:IBLE ENDORSEMENT
POL:ICYHOLDER D:ISCLOSURE NOT:ICE
FLOR:IDA TERROR:ISM R:ISK :INSURANCE
09-07
07-97
04-94
04-94
04-94
04-84
07-87
11-96
02-02
07-93
08-05
07-03
01-08
01-08
......{ ~~
I,," i;i::":' :J-',.
"II\}
!" '1":
"
~~ ;
FM 206.0.2 04 94
WAIVER OF OUR RIGHT TO R~COVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy:to which it is attached effective on inception date of the
policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy)
This endorsement effective 12:01 AM 04/01/2009 forms a part of Policy No 4066803972
Issued to
Vila and Son Landscaping Corp.
By
United States Fire Insurance Company
Premium
Included
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will
not enforce our right against the person or organization named in the Schedule. This agreement applies
only to the extent that you perform work under a written contract that requires you to obtain this
agreement from us. . .,
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Collier County
As per written contract or agreement
. ~ ;'
y
"
CoUmG~ by td~.JV. ~
~~Idw
This form is not applicable in California, New Jersey, or Texas.
WC 00 03 13
(Ed. 4/84)
Copyright 1988 National Council on Compensation I nsu rance
ITEM NO.: Ctt.- ?~. 0 I :;>q5
FILE NO.:
UuJ ~ )lC)cA
I (tL~~'L.i c -
':DATE1 ''Rl;CEIVED:
'j . . t' .~
\,.1
ROUTED TO:
1
,
,-j DvV-t
I>~ ~\.-t~
~~~~
tr:~~cb>
() 06 v..
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/ f11l~1
~
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: August 3, 2009
To: County Attorney's Office sc.o+\ \&VD ~
Attention: Jeff Klatzkow :J-~
From: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #09-5239 "Annual Contract for Landscape Maintenance
Vendors"
Contractor: Vila & Son Landscaping
This Contract was approved by the BCC on July 28, 2009; Agend
Item 16.B.20
BACKGROUND OF REQUEST:
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
This is a standard contract with no changes. Please forward to BCC
for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
C: Liz De Leon, ATM
TO:
/
MEMORANDUM~~
, <{,I~(
Ray Carter
Risk Management Department
(' YJr
_((J. (
J, '" ,..Y:~,""',",~\ ,~",' "
v "- ,~'''''
old- ". ,
( " p
. f.V
FROM:
Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
DATE:
August 3, 2009
RE:
Review of Insurance for Contract: #09-5239 "Annual Contract for
Landscape Maintenance Vendors"
Contractor: Vila & Son Landscaping
This Contract was approved by the BCC on July 28, 2009; Agenda Item
16.B.20
Please review the Insurance Certificates for the above referenced contract. If
you have any questions, please contact me at extension 8941.
Thank you.
C: Liz De Leon, ATM
DATE RECEIVED
AUG 1) 4 2009
RISK MANAGEMENT
dod/RC
www.sunbiz.org - Department of State
Page 1 of2
, "''''"' ,::"" "
FLORIDA DEP\RTMENT OF STATE .~ , ," . '% :"',i':~ 41
D 1\'1 S I ON n F CORP OR.\!' I O\S . t1llbl~: ' .. ~~~t" 'if:.,
d '"" '&.- ~
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Detail by Entity Name
Florida Profit Corporation
VILA AND SON LANDSCAPING CORP.
Filing Information
Document Number G99097
FEI/EIN Number 592384066
Date Filed 02/29/1984
State FL
Status ACTIVE
Principal Address
20451 SW 216 STR
MIAMI FL 33170 US
Changed 03/17/1994
Mailing Address
20451 SW 216 STR
MIAMI FL 33170 US
Changed 05/03/1999
Registered Agent Name & Address
VILA, JUAN C CEO
20451 SW 216 STREET
MIAMI FL 33170 US
90S)cJ65-1:21J?,J) '"
:5J S ,>--'5'5.-q C}()fr f7-
Name Changed: 04/28/2008
Address Changed: 01/25/2005
Officer/Director Detail
Name & Address
Title VP
RIVERO, YORDANKA VP
1066 NW 16 ST
HOMESTEAD FL 33030
Title CEO
VILA, JUAN C CEO
18900 SW 232 NS ST
MIAMI FL 33170
Title P
LEAL, RICARDO P
6825 SW 59TH STREET
MIAMI FL
http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL&inCL doc _ number=G99097 &inq... 7/812009
RLS # ~ - />.h'!..- Ofd-9S"
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name: tJ( LA- A-tvl> .~C'tJ h-l\.ub 5~*fJr,v6 c1::Uc-A
Entity name correct on contract?
Entity registered with FL See, of State?
~_Yes
_VYes
No
No
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $ Z MIL.-
Products/Compl/Op Required $
Personal & Advert Required $__
Each Occurrence Required $
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ 2 aA I L.
Workers Compensation
Each accident Required $ I !\A.( L.
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence Provided $ S MIL
Aggregate Provided $ l .
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type:
V'" Yes
~Yes
V Yes
~Yes
No
No
No
No
G.-MIL. Exp. Date ~ l.i~ I~((J
I ( Exp, Date I r
f MIL Exp. Date \. I
{ 1 Exp. Date l (
3fXJJ~ Exp, Date I I
,
tl\A(1 Exp Date l.i./r Itpl~
{ I
( ~Il Exp Date ~ It /2Ptf)
\1 Exp Date I [l,
I ' Exp Date t '
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
'1(, 1MV'
I.. (
_No
Exp Date
Exp Date
~Yes
Provided $
Provided $
Exp. Date
Exp, Date
Required $
Provided $
Exp Date_
County required to be named as additional insured?
County named as additional insured?
V"" Yes
~Yes
No
No
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
~es No
Yes ~No
Yes No
Yes No
Yes No
-
vYes No
VYes No
V Yes No
N\~ ,V'" Yes No
./ Yes No
-
./ Yes No
-
./ Yes No
~Yes No ~
ReViewer Initials:
Date: q
04-COA- 03 222
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?