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#09-5248 (Freeman & Freeman) A G R E E MEN T 09-5248 for General Contractors for Rehabilitation of Residential Structures for Neiahborhood Stabilization Proaram THIS AGREEMENT is made and entered into this 15th day of September, 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 Freeman & Freeman, Inc., authorized to do business in the State of Florida, whose business address is 324 S. 2nd Street, P.O. Box 664, Immokalee, Florida 34143, (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 September 15, 2009 and terminating September 14, 2010. This contract shall have two (2) 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 twenty-two primary firms and ten (10) alternate firms to be pre-qualified and awarded an Agreement to each firm. Freeman & Freeman, Inc. has been awarded an Agreement as a Primary contractor. Each awardee will enter into an Agreement to provide complete services for General Contractor work in connection with the Neighborhood Stabilization Program on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP #09-5248 and the Contractor's proposal, which is incorporated herein 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 obligations of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement. In the sole discretion of Owner, primary firms' Agreements may be suspended for reasons to include, but not be limited to, the following: a. Failure to respond to three (3) separate requests for quotes b. Submittals to three (3) separate requests for quotes are deemed non-responsive c. Non-performance of or deficient work d. Non-payment of subcontractors The Contractor shall be notified in writing that its Agreement has been suspended for the duration of the contract term and that the contract shall not be renewed. At that time, the next alternate firm, in order of ranking, as shown on Exhibit A attached hereto and incorporated herein, will be advised in writing that they have become a primary firm and will be sent requests for quotes. For estimates, all Contractors awarded a primary contract will be quoted. The Owner shall provide a summary of Work to be performed which will afford the Contractors the opportunity to submit a formal quotation for the new work. The Contractors shall respond with the information Page -1- sought within seven (7') working days. A purchase order will be awarded to the lowest, responsive and responsible quoter. 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. The Contractor shall apply for all permits within five (5) working days from the date the Purchase Order issued. 3. COMPENSATION: 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 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: Ernest N. Freeman, Jr., President Freeman & Freeman, Inc. 324 S. 2nd Street P.O. Box 664 Immokalee, Florida 34143 Telephone: 239-657-2410 Facsimile: 239-657-4093 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. Page -2- 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 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. TERMINA liON: 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 immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $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. Page -3- Special Reauirements: 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. 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. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may invoice no more often than every thirty (30) days. Payments will be made in accordance with Chapter 218, Florida Statutes, also known as the "Local Government Prompt Payment Act." 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. Page -4- 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. 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 VVork 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, a~lainst 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. 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. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, Page -5- 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 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 final completion, any 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 same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. Page -6- 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. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner review the Work. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall so advise Contractor in writing and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall issue a Certificate of Final Completion. Final payment shall not become due and payable until Contractor submits a final invoice accompanied by a Certificate of Final Completion. 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 Page -7- prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not finally completed within the time specified in the Request for Quotation. Should Contractor fail to finally complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until final completion is ac:hieved. The Project shall be deemed to be finally completed on the date the Owner issues a Certificate of Final Completion. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to finally complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services 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. 09-5248, 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 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. Page -8- 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, I9t 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. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: : ~::/(,r,r:~ COLLIER ~TY' FLORIDA ~ Dw~k:~le'~f Courts ~"nL/ d~ ~ ,~ .. . ..f~4S~( By: Dated:~'~'.. . ~4m09; Donna Fiala, Chairman .~~~.'~.hM 1 " · , 9natur~' 0" I II Freeman & Freeman, Inc. By: ~~c~ Ignature Ernest N. Freeman Jr. ... Typed Signature President Title Approved as to form and Item# fu3 legal sufficiency: " Agenda q It r(~ ~ Date ASSiS~n} Coun Attorney Date ~tPj l~l6-reeh..L- Rec'd ~ Print Name Page -9- EXHIBIT A Alternate Firms 1. Construction Professionals 2. South Florida Millworks 3. N. Square Inc. 4. R K General Contractors 5. Florida West Construction 6. Deerbrook 7. Jim Duffy Construction 8. D. Stefano Building 9. Tyler Construction 10. E.O. Kogh Construction Page -10- EXHIBIT B CERTIFICATE OF FINAL COMPLETION PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER AND CONTRACTOR, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION CONNTRACTOR accepts this Certificate of Final Completion on , 20 - CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on , 20 - OWNER By: Type Name and Title Page -11- ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP ID MW T DATE (MMlDDfYYYY) FREEM-6 08/10/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Oswald Trippe & Compan:{, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3451 Bonita Bay Blvd, '~203 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bonita Springs FL 3413.1 Phone: 239-498-9441 Fax:239-444-2899 INSURERS AFFORDING COVERAGE NAlC# INSURED INSURER A: ~d-Continent Casual tv Co 23418 INSURER B: Freeman & FreeIllan Inc. INSURER c: PO Box 664 324 S 2nd StreE!t INSURER D: Immokalee FL 34143 INSURER E: COVERAGES THE POLlCI ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHST ANDI NG ANY REQUIREMENT, TERM OR CONDITION JF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEC 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. NSR TYPE OF INSURANCE POLICY NUMBER p_<?L1QrftEFF~ P8k~Cl(~~b~N LIMITS LTR DATE MM/DD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I-- A X X COMMERCIAL GENERAL LIABILITY 04GLOO0733970 10/12/08 10/12/09 ~~~~~~s lEa occurence\ $ 100,000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ Excluded PERSONAL & ADV INJURY $ 1 ,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APnS PER: PRODUCTS - COM PlOP AGG $2,000,000 !xl ' n PRO- X POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS {Per person} - - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TO~v" LI~:f'S I IOTH- ER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE' E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ~~~~I~LS~~~J!g?~~s below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is named as additional insured with respects to General Liability per blanket additional insured endorsement ML1081. -.---- ~ - .-."- , CERTIFICATE HOLDER CANCELLATION BOA3301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Board of County Commissioners, NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Collier County Florida IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3301 Tamiami Trail East Naples FL 34112 REPRESENTATIVES. AUTHO REPRESENT ACORD 25 (2001/08) @ACORD CORPORATION 1988 PROGREJJ/VE" PRO AMERICA INS AGY 2365 PIN E RIDGE RD NAPLES, FL34109 239.434.~500 Policy number: 04431306-9 Underwritten by: PROGRESSIVE EXPRESS INS COMPANY August 11, 2009 Page 1 of 1 Certificate of Insurance Certific.de Ho/dM' InslIm:I Agent -p Adc{iiioriai'lnsijre,L;f"" ""","",," ", "" "FRE'Ei~'i't.(&"FREEMAN iNc'" '" "'" "'PRo'ilMER(tA iNS AGY" ""'"'' '" """ """ '" COLLIER COUNTY BOCC PO BOX 664 2366 PINE RIDGE RD 3301 TAMIAMI TR IMMOKALEE, FL 34143 NAPLES, FL34109 NAPLES, Fl34112 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below, The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies, ........................................-........ ......................................................,.............................. ..................................... Policy Effective Date: Nov 9,2008 Policy Expiration Date: Nov 9,2009 InSIIr..ca coverage(s) L.1Is BotiiL'{'I'N'iiRvjp'RoPERiYoAMAGE" '" '" "'''''''' '$'i;OOO;oOO'COMBIN'Eti's'INGiiLiMiT''''' """ '" "" """,,'" '" '" '" '" '" "'" PERSONAl' iNj(j RY' PROTEcTioN' "" ".,,, -, '$1 o,ooowi$O tiEr) ~ NAM ED 'INSD '& 'RElA TIV{ .. .......................-..... Description of LocationNehidesJ5pecialltems ~~~~~~,~.~~~"~~Iy"""""",,,,, "'" """""'",", "'''' " """"" '"'''' """"."" '"'''' """"""",," """""" 1997 FORD F150 1FTDX1769VNM9284 Stated Amount $7,000 COMPREHENSIVE $500 DED COLLISION $500 DED Certificate number 22309NET306 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. JW-/~ Rum 5241 (10.02) ACORD,M CERTIFICATE OF LIABILITY INSURANCE I 03/06/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Risk Concepts Corporation ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 410 43rd Street West Suite N ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bradenton FL, 34209 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Southern Eagle Insurance Company I D'~I Adminstrative Concepts Corporation INSURER B: L10yds of London AA-1122000 406 43rd Street West INSURER C: Aspen Reinsurance AA-1120337 Bradenton FL, 34209 INSURER D: Max Re Bermuda AA-3190829 INSURER E: Odyssey Re 23680 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING 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. INSR ADD'L POLICY EFFECTIVE Pg~~:,~~~~N LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE IMM/DDNVl LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ,...- P~~~~~~~E~~~~nce) COMMERCIAL GENERAL LIABILITY $ - tJ CLAIMS MADE []OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ - GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ nf n,PRO- III POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ea accident) $ ANY AUTO - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS ,..-- HIRED AUTOS BODILY INJURY - (Per accident) $ NON-OWNED AUTOS - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILIW EACH OCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ A VVORKERS COMPENSATION AND X I T~~I~Jgs I IUIEHR EMPLOYERS' L1ABILlTTY WC0272682-00 01/01/2009 12/31/2009 ANY PROPRIETORlPARTNER/EXECU-WE E.L. EACH ACCIDENT $ 1,000,000.00 OFFICER/MEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $ 1,000,000.00 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ 1,000,000.00 IU,HER Please note that Southern Eagle Insurance Company has reinsured iI's liabilities in excess of $250,000 under the policies of BC Workers Compensation insurance listed above with the underwriters listed A- or better at the time of F,acement of such reinsurance. Such reinsurance DE Excess Coverage are subject to their own terms, conditions and limits. This is for informationa purposes and nothing shall create any right under such reinsurances. DESCRIPTION OF OPERATIONS / LOCATlot~S / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Effective: 07/30/2003 021438 Coverage is extended to the leased employees of alternate employer (Florida Operations Only): Freeman & Freeman Inc. DBA DISCLAIMER: This Certificate of InsUl'ance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder nor does it affirmitivelv or neoativelv amend extend or alter the coveraoe afforded bv the nolicies listed thereon. CERTIFICA TE HOLDER CANCELLATION Board of County Commissioners 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 3301 East Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Naples FL, 34112 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE V ~ FaX# \ ~.Jo.--.C...\ ACORD 25 (2001/08) 655 - 20090306 @ ACORD CORPORATION 1988