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#09-5239 (Caribbean Lawn & Garden) A G R E E MEN T 09-5239 for Annual Contract for 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 Caribbean Lawn & Garden of SW Naples FL, Inc., authorized to do business in the State of Florida, whose business address is 3307 DeSoto Boulevard South, Naples, Florida 34117 (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 (Caribbean); Category II - Mowing and Right-of-of- Maintenance (Caribbean); 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 Page -1- 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: Caribbean Lawn & Garden of SW Naples FL, Inc. P.O. Box 990866, Naples, FL 34116 239-455-7278 Telephone, 239-455-7645Fax Maria C. Caraza, Vice-President 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 Page -2- 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 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 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. Page -3- 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 punch list 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. Page -4- 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 Page -5- 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 Page -7- 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. (Bs~ " PI2- I rst Witness '~ ",~ L ....LJ I..C\. vH\.. Lk..~ Q (j,~) :ype/Print Witn~ Name /~ ckv (j ~ I~ /lUil '. Second Witness fi (" end 0.... K f c-<: Y I'" V- Type/Print Witness Name L County Attorney b,P7 BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA ~d~ By: Donna Fiala, Chairman Caribbean Lawn & Garden of SW Naples, FL, Inc. Con, ctor By: m T ype'Y'ii9 nature V. ,IU.J- Title - J L J.... " ;:.- Item # r..Ja!.lk!U Agenda "':)..L,~ J. a Date ~ Q!;, ~~e I!/ ~c;a, ,~ L- , - Page -9- EXHIBIT A WARRANTY In consideration often 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- ACORDlII CERTIFICATE OF LIABILITY INSURANCE DAT E (MMlDDIYYVY) 10/2/2009 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. PRODUCER Phone: 239-939-1010 Fax: 239-939-7172 Tim Shaw Insurance Group Inc. email: certificates@timshaw.com 4091 Colonial Blvd Fort Myers FL 33966 INSURERA:North Pointe INSURER 13: INSURER C: INSURER 0: INSURER E' INSURED Caribbean Lawn &,~en of SW Naples, Inc PO Box 990866 Naples FL 34116 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. ITIII....D" POUCY NUMBER POLICY EFFECTIVE POUCYEXPIRATlON UMrrs A ~ERALLIABIUTV 3093000279 4/4/2009 4/4/2010 EACH OCCURRENCE $1 000,000 2L t==rMERC~LGENERALUABLrrY ~~~s Eaocx:..enoe' SlOO 000 - CLAIMS MADE IX] OCCUR I MED EXP (Any Ol19llAflllln) $ 5 000 - PERSONAL & NNINJURY $ 1 000 000 - GENERAL AGGREGATE $2 000 000 ~1.AGGR,EnLlMITAnSPER: PRODUCTS - COMPIOP AGG $2 000 000 X POUCY I;'Wr LOC ~OMOBILE UABIUTY COMBINED SINGLE LIMIT $ ANYAUTO (Ea acdd&l'lI) - - ALLOWNEDAUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS - HIREDAUTOS BODILY INJURY (Per aocld9l'l1) $ - NON'()WNEDAUTOS - PROPERTY DAMAGE $ (per aocld9l'l1) RRAGE UABILlTY AUTOON- Y - EAACCIDENT $ ANYAUTO OTHER THAN EAACC $ AUTOON-Y: AGO $ A 5ESS/UMBRELLA UABIUTY 3093000279 10/1/2009 4/4/2010 EACH OCCURRENCE $1 000.000 X OCCUR D ClAIMSMADE AGGREGATE $I 000,000 $ ~ DEDUCTIBLE $ Y RETENTlON $10 Don $ WORKERS COMPENSATION AND I W S AlU- I luJ'!;!- EMPLOYERS' UABIUTY E.L. EACH ACCIDENT $ AN'{ PROPRIETORlPARTNERiEXEaJTlVE ORRCE~EMBEREXCLUDED? EL.DlSEASE-EAEMPLOYEE $ lWC1~IIC~~SbeIow E L DISEASE. POLICY LIMIT $ OTHER .., DEll'="DTI"'N OF ~FERATIONS I LOCATIONS I VEHCLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY COVERAGE SHOI'/N ABOVE; FOR 1I.NY WORK PERFORMED BY THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT. Collier Country Board of County Commissioners 3301 Tamiami Trail E. Naples FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 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 REPRESENTATIVES. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE "..-;<::~(""t'.I, -1. '\~ t;>ACORD CORPORATION 1988 ACORD 25 (2001/08) IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE 02-16-2009 PRODUCER l THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AUTOMATIC DATA PROCESSING INS AGCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 250717 P: (877)287-1316 F: (877)287-1315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 308 FARMINGTON AVE INSURERS AFFORDII'J/G COVERAGE FARMINGTON CT 06032 INSURED INSURER A: Twin City Fire Ins CO INSURER B: CARIBBEAN LAWN & GARDEN OF SW INSURER c: 3307 DESOTO BLVD. S. INSURER D: NAPLES FL 34117 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY 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. i INSR TYPE OF INSURANCE POLICY NUMBER r:lYfYM%~g~~ "8k'fl/~':'W~J)~~ LIMITS LTR ~NERAL LIABILITY I I ! EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE IAny one t"e) $ I CLAIMS MADE U OCCUR I MED EX? iAny one person) $ ! PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ r--, POLICY II ~r8T I-I LOC ~TOM08lLE LIABILITY I i COMBINED SINGLE LIMIT $ i ANY AUTO I (Ea accident) - - ALL OWNED AUTOS I BODILY INJURY J (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY - $ NON.OWNED AUTOS (Per accident) - , '-- I PROPERTY DAMAGE I $ (Per aCCident) GARAGE LIABILITY i AUTO ONLY - EA ACCIDENT $ ==l ANY AUTO I OTHER THAN EA ACC $ I AUTO ONLY; AGG $ EXCESS LIABILITY : EACH OCCURRENCE $ tJ OCCUR U CLAIMS MADE I AGGREGA TE $ I $ I-- , R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TVX~pA TUj IOl~' LIMITS A EMPLOYERS' LlABlUlV 76 WEG TR4992 04/09/09 04/09/10 E.L. EACH ACCIDENT $1,000,000 I $1,000,00-0 I E.L. DISEASE - EA EMPLOYEE 1;;:. DISEASE. POLICY LIMIT $1,000,000 OTHER I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I Those usual to the Insured's Operations. I I I i I I I I . CERTIFICATE HOLDER I ADDmONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE I EXPIRATION DATE THEREOF. THE ISSUING INSURER Will ENDEAVOR TO MAIL I 30 DAYS WRITTEN NOTICE 110 DAYS FOR NON.PAYMENT) TO THE CERTIFICATE I Collier HOLDER NAMED TO THE lEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO i County I OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR , 3301 Tamiami Trl. E. REPRESENT A TlVES. Naples, FL 34112 - i AUTHOR7~'z:nvE 7 ~~.^'V I I ACORD 25-S (7/971 ". ACORD CORPORATION 1988 05~01-2009 01:04pm Frcm-PE4982 1-030 P,OOI/OOI F-060 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOnCE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAVS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: I&J STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington,llIinois o STATE FARM FIRE AND CASUALTY COMPANY of BIDDmington, IlIinDis o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas, or o STATE FARM INDEMNITY COMPANY Df BIDomington, Illinois has coverage in force for the following Named Insured as shown belOW: NAMED INSU~eD: CARIBBEAN LAWN , GARDEN ADDRESS OF NAMeD INSURED: PD BOX 990966, NAPLES. FL 34116-6046 POLICY NUMBER 482 0632-F25-59A 666 6442-003-S9 640 3292-D22-598 EFFECTIVE DATE OF POLICY 12/25/08-06/25/09 0~/03/09-10/03/09 04/22/09-10/22/09 DESCRIPTION OF FLEET (5 05 FORO VEHICLE (Including VIN) VEIUCLESI RANGER L.IABILITY COVERAGE 181 YES DNO C8:I YES DNO 181 YES oNO DYES ONO LIMITS OF L.IABILITY a. Bodily Injury Each Person Each Accident 2 MM CSL 1 MM CSL 2 MM CSL b. Property Damage Each Accident c. Bodily Injury & Property Camage Single Limit Each Accident PHYSICAL DAMAGE f8I YES ONO 181 YES oNO 181 YES oNO DYES ONO COVeRAGES a, Comprehensive $ 500 Deductible $ 500 Deductible $ :)00 DeClucllble $ Deductible 181 YES DNO 181 yeS ONO 181 YES DNO DYES DNO b. Collision $ 500 Deductible $ 500 Deductible $ 500 Deductible $ Deductible EMPLOYERS NON-OWNED DYES 18I NO DYES oNO DyeS DNO DYES ONO CAR LIABILITY COVERAGE HIRED CAR LIABILITY DYES 181 NO DYES DNO DYES ONO DYES ONO COVERAGE FLEET. COVERAGE FOR ALL OWNED AND LICENSED 181 YES ONO ~Yes DNO DYES DNO DYES ONO MOTOR VEHICLES .w Signature of Authorized Represenl8tive Name and Address of Certificate Holder COLLIER COUNTY BDARD OF COUNTY COMMlSSIONERS 3301 TAMIAMI TRL & N~~LES, FLORIDA 34112 AGENT 2598 Title Agent's 0 8 umber Name and Address of Aaent 8~IAN A. GLAESER 7385 RADIO RD SOITE 104A NAPLES, FL 34104 05/01/2009 Date I INTERNAL STATE FARM USE ONLY: 181 Request permanent Cer1ificate of Insurance for liability coverage. 12242l1.2 ~.v. 08.10-2004 IE2 Request CertIficate Holder 10 be added as an Additional Insured.