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#09-5300 (Crews Environmental) A G R E E MEN T 09-5300 for II Annual Contract for Emergency and Scheduled Grease, Sludge and Sewage Hauling" THIS AGREEMENT, made and entered into on this 9 day of February 2010, by and between Rockfill Associates Inc., dbaj Crews Erwironmental., authorized to do business in the State of Florida, whose business address is 2700 Rockfill Road, Fort Myers, Florida 33902, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida~ Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for an initial two (2) year period, commencing on February 9, 2010, and terminating on February 8, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for one (1) additional two (2) year period. The County 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 three (3) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide emergency and scheduled grease, sludge and sewage hauling on an as-needed basis as may be required by the County in accordance with the terms and conditions of BID#09-5300 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 County pursuant to this Agreement and the procedure during the term and any extension of the terms of the Agreement. A. Scheduled Work: All services requested by the County that does not require a one (1) hour site response will be considered Scheduled Work . Scheduled Work will be performed on a time and material or lump sum basis . For Work having a value of $50,000.00 or less, the department may select one of the Contractors on the contract and obtain a quote. The department shall Page 1 of8 provide a summary of Work to be performed which will afford the selected Contractor the opportunity to submit a formal quotation for the Work. The Contractor shall respond with the information sought within seven (7) working days. Upon reaching a mutually acceptable cost for the Scheduled Work, a purchase order will be awarded to the selected Contractor. . For Work having a value over $50,000.00 the department shall solicit quotes from all Contractors under the contract. The department shall provide a summary of Work to be performed which will afford the Contractor(s) the opportunity to submit a formal quotation for the Work. The Contractor (s) shall respond with the information sought within seven (7) working days. A purchase order will be awarded to the lowest, responsive and responsible quoter. . Scheduled services shall be available between the hours of 7:00 a.m. and 5:30 p.m., Monday through Friday, excluding County recognized holidays. . Any equipment not listed in the Contractors proposal must be approved by the County prior to commencement of work. . In each Request for Quotation, the County reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. B. Emergency Work: All Work requiring a one (1) hour site response. Emergency Work will be performed on a time and material basis. . For Emergency Work, the department may select any Contractor on the contract. . The Contractor must be available on a twenty-four (24) hour basis, 365 days per year . The Contractor must provide the County with an on-call telephone number for emergency services. . Contractor must respond on-site within one (1) hour after notification of an emergency by Collier County personnel 3. THE CONTRACT SUM. The County 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 for Scheduled work. Quotes may be based on time and material or lump sum, in accordance with Exhibit A, Rate Schedule. Emergency Work shall be paid on time and material basis, in accordance with Exhibit A, Rate Schedule. Payment will be made upon receipt of a proper invoice and upon approval by the project manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. 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. Page20f8 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Rockfill Associates Inc., dba/ Crews Environmental Richard Millspaugh, Vice President 2700 Rockfill Road Fort Myers, Florida 33902 239-332-1986 239-332-7654 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.s., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor.. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permitany person to use in any maimer 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 Page 3 of8 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. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. 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. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day _ notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 4 of8 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. D. Pollution Liability Insurance: Coverage shall have a minimum of $1,000,000 per occurrence bodily injury and property damage. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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 Contractor or anyone employed or. utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Waste Water Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Exhibit A, Rate Schedule, Insurance Certificate, Bid #09-5300, Scope of Services and Addendum. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of timei b. Prohibition by the Page 5 of8 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. 18. 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. 19. 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. 20. 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. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor . 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page60f8 23. PRICING: Pricing shall be inclusive of all costs. Payment shall be full compensation for all services,labor, tools, equipment, travel and any other items required for project completion and/ or completion of services. 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. ATTEST>' Dwight:,E. Brock, GlerkgfCourts ~.. ., . , . ..~ - BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Dated: : ..lit; :.o.tt...... It....... II' II By: ~W. ~ Fred W. Coyle, Chairman Rockfill Associates Inc., dba/ Crews Environmental Contractor ~-)nl-dd 1d~ ~. / Signature By: -r~ L I-bMC/~T-Jt/ 1T?4IeU- Type/ print witness name d~?~ Second Witness FiZ~Y~'~-J R-~ <Lo Type/ print witness name t:,6i:Il( U. ;, fJ1~~-r ~BJOtpr Typed signature and title Approved as to form and ;g!iiKL; ~ County Attorney ~CbTt~ ~nl' h Print Name Page 7 of8 Exhibit A Rate Schedule Tanker Size Scheduled 2,500 Gallon Tanker 5,000 Gallon Tanker 10,000 Gallon Tanker Hourly Sum of all Three Tankers $ 200.00/hr $ 200.00/hr $ 500.00/hr $ 900.00/hr Emergency $ 300.00jhr $ 300.00/hr $ 700.00/hr $ 1300.00/hr Specialty equipment; tankers require prior approval from the County Page80f8 . ~Jlb~ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) OPIO JR I 04/14/10 ROCKF-1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER QF INf.QRMATIOt " ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rider Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9180 Estero Pk Commons Blvd #9 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Estero FL 33928 Phone: 239-992-9711 Fax:239-947-8076 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER "- Endurance American Specialty INSURER B: Rockfill Associates INSURER C: DBA Crews Environmental P.O. Box 27 INSURER 0: Fort Myers FL 33902 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED, 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. LTR NSRI TYPE OF INSURANCE POLICY NUMBER tRT1l1~~rt6~ b2~lfrM~b~ LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - A X COMMERCIAL GENERAL LIABILITY ECC10101022500 04/13/10 04/13/11 UAMAlit: $ PREMISES (Ea occurence) I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ X Pollution PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ I n PRO- nLOC Claims Ex 1,000,000 POLICY JECT AUTOMOBILE 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 $ =1 ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION I. WC STATU- I IUJ~- AND EMPLOYERS' LIABILITY Y/N TORY LIMITS ANY PROPRIETORlPARTNERlEXECUTIVn EL EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? (Mandatory in NH) EL DISEASE - EA EMPLOYEI $ If ~es, describe under S ECIAL PROVISIONS below E L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLIEC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Collier County Board of County IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Commissioners REPRESENTATIVES. 3301 Tamiami Trail East AUTHORIZED REPRESENTATIVE Jennifer J. Rider NaDles FL 34112 ACORD 25 (2009/01) @ 1988-2009 ACORD CORPORATION. All rights reserved. - Crews Environmental, Rockfill Associates Inc., dba: Endorsement Number: 3 Endurance Automatic Additional Insured - Owners, Lessees or Contractors This endorsement, effective 4/13/2010 attaches to and forms a part of Policy Num ber ECC 10 I 010225-00. This endorsement changes the Policy. Please read it carefully, This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that cont.ract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. FEI-319-ECC-0708 ACORDN CERTIFICATE OF LIABILITY INSURANCE CSR SP I DATE (MM/DDIYYYY) CREWS -1 02/15/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA liON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Stewart & Sons Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 60029 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Myers FL 33906-0029 Phone: 239-936-8844 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Cincinnati Ins. Co. 10677 Rockfill Associates,Inc.D,A INSURER B: DBA Crews Environmental & or INSURER C: Robert & Paula Himschoot 2700 Rockfill Rd INSURER 0: Fort Myers FL 33916 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, LTR INSR TYPE OF INSURANCE POLICY NUMBER rD'ATE rMM/DDNY I P~k~~Y(MM/DDNYT LIMITS GENERAL LIABILITY EOACH OCCURRENCE $ 1000000 - 11/01/09 11/01/10 UAMAl;jl: . A X COMMERCIAL GENERAL LIABILITY CAP5893052 PREMISES (Ea occurence) $ 500000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10000 PERSONAL & ADV INJURY $1000000 - GENERAL AGGREGATE $ 2000000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000 I .1Xl PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ 500000 ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ A X SCHEDULED AUTOS CAP5893052 11/01/09 11/01/10 (Per person) - ~ HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 A !J OCCUR D CLAIMS MADE CAP5893052 11/01/09 11/01/10 AGGREGATE $ 1000000 $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS I IUE~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $ OTHER A Leased/Rented CAP5893052 11/01/09 11/01/10 Ded:$1000 $150000 Equipment DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Collier County is named as Additional Insured with respect to General Liability coverage for any and all work performed on behalf of Collier County. CERTIFICATE HOLDER CANCELLA liON COCOL-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN COLLIER COUNTY BOARD OF NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL COUNTY COMMISSIONERS 3301 TAMIAMI TRAIL EAST IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR NAPLES FL 34112 REPRESENTATIVES, AUTHOR :7E~TIVE ./"" _ .-lc'" \ - ... ACORD 25 (2001/08) @ACORD CORPORATION 1988 ACORO(fJ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDlYYYY) ~ 2/9/201 0 PRODUCER Alliance Insurance Solutions LLC THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 1777 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR St Petersburg, FL 33731 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 727-497-1247 INSURERS AFFORDING COVERAGE NAIC# www.ins4blz,com INSURED Thrive HR FL 1, LLC INSURER A: SUNZ Insurance ComDanV 34762 8902 N. Dale Mabry Hwy INSURER B: Suite102 INSURER c: Tampa FL 33618 INSURER 0: I INSURER E: ,...---, COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01W1THSTANDING 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~~ ~~ TVD" nt: INSURANCE POLlCY NUMBER C2T~q~~'Zg= b~!fecrM~~ LlMITS ~NERAL lIABlUTY EACH OCCURRENCE $ I-- COMMERCIAl GENERAL LIABILITY rv~~~~J9la~:7~ncel $ I-- OCLAIMS MADE D OCCUR MED EXP (MY one person) $ I-- PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ n'LAGG~nE LIMIT APMS PER: PRODUCTS-COM~OPAGG $ POLlCY . ~~R,: LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) I-- I-- ALL OWNED AUTOS BOOIL Y INJURY $ SCHEDULED AUTOS (Per person) I-- I-- HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) ~RAGE UABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE $ ~ OCCUR D CLNMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION WCPEOOOOO03201 1/1/2010 1/1/2011 ,( wc STATU-T 10~. AND EMPLOYERS' UABIUTY YIN /lJolY PROPRlETOR/PARlllERlEXECUTlVE D E.L EACH ACCIDENT $ 1 000 000 OFFICERlMEMBER EXCLUDED? E.L, DISEASE. EA EMPLOYEE $ (Mandatory in NH) 1 000 000 g~~CI~.~~Jv'i~1g'Ns below E.L. DISEASE. POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS coverape provided for all leased employees but not subcontractors of: Crews Environmental state 0 Florida Coverage Only CERTIFICATE HOLDER CAN CELLA TION 70923 SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Board of County Commissioners DATE THEREOF, THE ISSUING INSURER WILL ENOEAVOR TO MAIL 30. DAYS WRITTEN 3301 Tamiami Trail East NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL Naples FL 34112 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, *10 Day. for Non-Payment of Premium. AUTHORIZED REPRESENTATIVE ~~~!&~ Douglas Lilak ACORD 25 (2009/01) @ 1988-2009 ACORD CORPORATION. All rights reserved. CERT NO.: 5827984 Renee CaX'rano P:954-8S2-2023 2/9/2010 12:23:23 PM Page 1 of 1 :,/.,. ACORDN CERTIFICATE OF LIABILITY INSURANCE CSR SP I DATE (MMIDDIYYYY) CREWS-1 02/15/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Stewart & Sons Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 60029 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Myers FL 33906-0029 Phone: 239-936-8844 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Cincinnati Ins. Co. 10677 Rockfill Associates,Inc.D,A INSURER B: - DBA Crews Environmental & or INSURER C: Robert & Paula Himschoot . 2700 Rockfill Rd INSURER 0: .. - .. - Fort Myers FL 33916 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. NSR[ POLICY NUMBER PD9..~~~MM/DD1YYl I POL I LIMITS LTR TYPE OF INSURANCE DATE MM/DDIYY) GENERAL LIABILITY EACH OCCURRENCE $ 1000000 - A X COMMERCIAL GENERAL L1ABILlTi CAPS893052 11/01/09 11/01/10 ~!:'~~"':.r: ~ ~_"~" - $ 500000 PREMISES (Ea occurence) I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10000 PERSONAL & ADV INJURY $ 1000000 - GENERAL AGGREGATE $ 2000000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 I ./il PRO- nLOC POLICY X JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ 500000 ANY AUTO .. (Ea accident) . - ALL OWNED AUTOS BODILY INJURY - $ A X SCHEDULED AUTOS CAP5893052 11/01/09 11/01/10 (Per person) . - ..!... HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE $1000000 A ~ OCCUR D CLAIMS MADE CAP5893052 11/01/09 11/01/10 AGGREGATE $ 1000000 $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TOW/ ~I~II$S ~r IOrr- ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $ OTHER A Leased/Rented CAP5893052 11/01/09 11/01/10 Ded:$1000 $150000 Equipment DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Collier County is named as Additional Insured with respect to General Liability coverage for any and all work performed on behalf of Collier County. CERTIFICATE HOLDER CANCELLA TION COCOL-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN COLLIER COUNTY BOARD OF - NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL COUNTY COMMISSIONERS 3301 TAMIAMI TRAIL EAST IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR NAPLES FL 34112 REPRESENTATIVES. AUTHOR ~ E~TIVE -" _.....-'C , - - ACORD 25 (2001/08) @ACORDCORPORATION 1988 j ~ ACORV@ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 2/9/2010 PRODUCER Alliance Insurance Solutions LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PO Box 1777 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR St Petersburg, FL 33731 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 727-497-1247 INSURERS AFFORDING COVERAGE NAIC# www.ins4biz.com INSURED Thrive HR FL 1, LLC INSURER A: SUNZ Insurance ComDanv 34762 8902 N. Dale Mabry Hwy INSURER B: Suite102 INSURER c: Tampa FL 33618 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOIWITHSTANDING 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 ~~ TYf'F OF INSURANCE . POLICY NUMBER m~~~~'Jg= ~!f€iM~~~ LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ - ~~~~~J9E~~~~ce\ - 3MMERCIAL GENERAL LIABILITY $ - CLAIMS MADE D OCCUR MED EX? (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGG~nE LIMIT APFlS PER: PRODUCTS-COM~OPAGG $ I POLICY ~bl,9;: LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea accident) t-- t-- ALL OWNED AUTOS BODILY INJURY (Par person) $ SCHEDULED AUTOS ~ - HIRED AUTOS BODILY INJURY (Per accident) $ - NON-DWNED AUTOS PROPERTY DAMAGE $ (Per accident) ~RAGE L1ABILIlY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ ::5ESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION WCPEOOOOO03201 1/1/2010 111/2011 ./ I WCSTATlJ-.1 IOJii- AND EMPLOYERS' LIABILITY Y/N ANY PROPRlETORlPARTNERlEXECUTlVE D E.L. EACH ACCIDENT $ 1 000 000 OFFICERlMEMBER EXCLUDED? (Mandatory in NH) E.L, DISEASE - EA EMPLOYEE $ 1 000 000 ~,m;I:sp~"c5-.ila'lg~s below E.L. DISEASE. POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Coverage provided for all leased employees but not subcontractors of: Crews Environmental State of Florida Coverage Only CERTIFICATE HOLDER CANCELLATION 70923 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Board of County Commissioners OATE THEREOF, THE ISSUING INSURER WILL ENOEAVOR TO MAIL 30' DAYS WRITTEN 3301 Tamiami Trail East NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT, BUT FAILURE TO DO SO SHALL Naples FL 34112 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. '10 Days for Non-Payment of Premium. AUTHORIZED REPRESENTATIVE Douglas Lilak au~;1!:&~ ACORD 25 (2009/01) @ 1988-2009 ACORD CORPORATION. All rights reserved. CERT NO.: 6827984. Rent!:e Carrano P: 954-862-2023 2/9/2010 1.2: 23: 23 PM Page 1. of 1. ITEM NO.: 10, ~~- ~ t9l \ RECEIVED: ~f \;~ \,r V" ~~L,;v~~ ~ ~({ Yl/ s11 ) )D ~)l1 .., FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: April 29, 2010 To: Office of the County Attorney Attention: Jeff Klatzkow From: Dianna Perryman., Contract Specialist Purchasing Department, Extension 4270 st2-.'T D\U. 5)'S Re: Contract: #09-5300 "Emergency and Scheduled Grease, Sludge, and Sewage Hauling" Contractors: Dixie Drainfields V Crews Environmental Southern Sanitation BACKGROUND OF REQUEST: This Contract was approved by the BCC on February 9, 2010, Agenda / Item 16.C.1 V This item has not been submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, please forward to the Chairman of the Board of County Commissioners 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: George Yilmaz, Wastewater MEMORANDUM TO: Ray Carter Risk Management Department FROM: Dianna Perryman, Contract Specialist Purchasing Department DATE: April 29, 2010 RE: Review of Insurance for Contract: 09-5300 "Emergency and Scheduled Grease, Sludge, and Sewage Hauling" Contractors: Dixie Drainfields vCrews Environmental Southern Sanitation This Contract was approved by the BCC on February 9, 2010, Agenda Item 16.C.1 Please review the Insurance Certificates for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 4270. dod/DP C: George Yilmaz, Wastewater mausen_g From: Sent: To: Cc: Subject: RaymondCarter Monday, May 03,20101 :39 PM perryman_d DeLeonDiana; YilmazGeorge; mausen_g; HerreraSandra Contract 09-5300 "Emergency and Scheduled Grease, Sludge, and Sewage Hauling" All, I have approved the certificate(s) of insurance provided by Crews Environmental for contract 09-5300. The contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~ Cah.t.eh. Manager Risk Finance Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help No Events N~}'(tonl..ist Retum-LQ..l..H;j No Name History I Submit I prevlQusQrLI..J$t Detail by Entity Name Filing Information Document Number P93000051115 FEI/EIN Number 650437217 Date Filed 07/21/1919 State FL Status ACTIVE Principal Address 2700 ROCKFILL RD FT. MYERS FL 33916 US Changed 02/17/1994 Mailing Address P,O, BOX 27 FT. MYERS FL 33902-0027 US Changed 10/16/1997 Registered Agent Name & Address HIMSCHOOT, ROBERT 0 2700 ROCKFILL RD, FT. MYERS FL 33916 US Name Changed: 06/27/2000 Address Changed: 10/16/1997 Officer/Director Detail Name & Address Title PO HIMSCHOOT, ROBERT 0 2700 ROCKFILL RD FT. MYERS FL 33916 US Title V HIMSCHOOT, MICHAEL D 2700 ROCKFILL RD. FT, MYERS FL 33916 Title V MILLSPAUGH, RICHARD N 2700 ROCKFILL ROAD http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc_number=P9300005111... 2/512010 www.sunbiz.org - Department of State FORT MYERS FL 33916 Title' TS HIMSCHOOT-MITCHELL, THERESA L 2700 ROCKFILL RD. FORT MYERS FL 33916 Annual Reports Report Year Filed Date 2008 03/09/2008 2009 03/24/2009 2009 06/29/2009 Document Images QJlj29/2QOg-- AN.t-JUA'-_Ri::PQRT [ 03/24/2009 __ ANNUAL Ri::PORT [ 03!OW2008~~ANW,JAL Rr::PQRT [ 03/2J/2007 __ ANNUALRr::PORT [ 031211200B~~ANNUAL Rr::PQRT [ 01/00/2005 -ANNUAL REPORT [ 03/18/2004-- AN NlJAL Rr::PORT [ 04/04/2003__ANNUALRi::PORT [ 04/28/2002 --ANNlJALRr::PORT [ 09/00/2001__ ANNlJALRi::PORT [ 06/27/2000 .~~ ANNlJALBr::PORT [ 04/J8/2000 -~ANNlJAL REPORT [ 04/27/1999 ~-ANNlJALBr::EORT [ 00llol1998~~ANNUALRi::PORT [ JO/19!J99Z~~.ANNlJALRr::PORT [ 08!04/199Z~~ANNUALRi::PORT [ 00/19/J997 ~~.ANNlJALRr::PQRT [ O~2-.O./192.B..:.._ANNlJAJ.,~R.!::'pQRT [ 04!24!1~9B -- ANNlJALRi::PORT [ 05/01j199.o......-nAN.r"H..JAL..RI;PORT [ View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Vi.ew image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record, See documents if question or conflict. Previous on List Next on List No Events No Name History Return To List ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] I Horne I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyrigtlt and Privacy Policies Copy,-ight 2007 State of Florida, Department of State. Page 2 of2 Entity Name Search [ Submit I http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=P9300005111... 2/5/2010 Entity Name; RLS# CHECKLIST FOR REVIEWING CONTRACTS ~oo~L:h'\ l \0 ?\2-C~ O\~ Il Entity name correct on contract? Entity registered with FL Sec. of State? Os~C-irtk S I~C r LYes :LZY es No No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &lor Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products/CompVOp Required $ \ fA" \ \ Personal & Advert Required $ . Each Occurrence Required $ \ '(V'\. \ \ FirelProp Damage Required $ Automobile Liability Bodily Inj & Prop Required $ \ fY\ \ \ \ Workers Compensation Each accident Required $ S CO ~ Provided $~\ \.( Disease Aggregate Required $ Provided $_ Y'Y'\; \.( Disease Each Empl Required $ Provided $ , ~~. \( . Umbrella Liability Each Occurrence Provided $ \ \'Oi \I Aggregate Provided $ . I . I Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $K Provided $ Per Aggregate Required $. ProvIded $ Other Insuran~e \ '0 ('\ . I Each Occur Type: . ~ Required ~ rt" \ \ . \\ \ \.-~ _ 'lSb\l- County required to be nameG as addi ional insured? County named as additional insured? Provided $ ~'('f'\; \ \ Provided $ l L .J I Provided $ \ Y"i" i \ \ Provided $ l.I 'J Provided $ SoD' L No No No No Exp. Date ~ B Exp. Date Exp. Date~ ' t. ) I Exp. Date Exp. Date EXPDate~? EXPDate~ ')~e-e ,d 1 ExpDate ~f,tl' \ - \- ir'\~C{ ExpDate . _~ ~ ~ \ ~ C\.(\...._ '. " Or Exp Date ~ CO~~l!fc~ Exp Date , I , , e'/.-(!" lO;J..e...S ~s _No e,rY'Y J ~ -$s Provided $ 5 CO \L Exp, Date Exp, Date EXPDate~ \ \ I Provided $ \ yY'\~ \ \ \\\, \ \:0 -Oes V- Yes No No Indemnification Does indemnification meet County standards? Is County indemnifying other party? ~Yes Yes ~~ Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Yes No Yes Yes No No 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? ~: ~:: ~ ~ No No No No No No No Attachments Are all required attachments included? ReVie~e~ Initials: ~rJ,) Date: /1/ 04-COA-OI03/22