#05-3747R (Pure Air Control Services, Inc.)
AGREEMENT
05-3747R "Indoor Air Quality Services"
THIS AGREEMENT, made and entered into on this 27th day of September 2005, by and
between Pure Air Control Services, Inc., authorized to do business in the State of Florida,
whose business address is: 4911 Creekside Drive; Suite C; Clearwater, FL 33760 hereinafter
called the "Contractor" (or "Consultant") 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 a two (2) year period, commencing on September 27, 2005, and
terminating on September 26, 2007.
The County may, at its discretion and with the consent of the Contractor, extend the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. 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 Contractor shall be in accordance with the terms and
conditions of RFP #05-3747R and the Contractor's proposal hereto attached and made
an integral part of this agreement.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price,
together with the cost of any other charges/ fees submitted in the proposal.
Any county agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s).
4. 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:
Mr. Alan Wozniak
Pure Air Control, Inc.
4911 Creekside Drive; Suite C
Clearwater, Florida 33760
Fax: 727/572-5859
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
Attn: Steve Carnell
Fax: 239/732-0844
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, 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.
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. 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 immediately 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 $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.
D. Professional Liability $1,000,000 Per Occurrence
The Consultant shall be solely responsible to parties with whom it shall deal in
carrying out the terms of this agreement and shall hold the County harmless
against all claims arising from the negligent acts, errors, or omissions of consultant
by third parties
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County 30 days prior to any expiration date. There
shall be a 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
Contractor/Vendor/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
Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/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. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Facilities Management Department.
13. 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.
14. 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, Insurance Certificate, RFP #05-3747R Specifi-
cations/Scope of Services/Contractor's Proposal.
15. 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.
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: . .
DWightE}B;6ck,Cier~ of Courts
By: %_~. .~J ()Z- .
Dated; '.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~W. ~
Fred W. Coyle, Chairman
Pure Air Control, Inc.
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CORPORATE SEAL
(corporations only)
Approved as to form and
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Assistant County Attorney
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08/26/2005 FRI
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ACORD
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CERTIFICATE OF LIABILITY INSURANCE
OA Tf (MMlOOlYYYV)
8126/05
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
Paragon Insurance Service, Inc,
2945 Horizon Park Drive
Suite C
Suwa,,-~!lA 300~4
INSURED U.S. Energy Services. Jne
dfbla Pure Air Control Services
4911 Creekside Drive, Ste C
Clearwater FL 33760
INSURERS AFFORDING COVERAGE
_ltoi_~_l1!i~~A~ __~ll1es__~iv_~r?~~j~!ty_.
, 1~2_l!~~R...'!___~t~~~ta_st Zurich
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COVERAGES
THE POliCIES OF INSURANCE LISTED BELOW HAVE L3EEN ISSUED ro THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NO'rwITHSTANDING
ANY REQUIREMENT, TERM OR. CONDITlON or ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR
MAY PERTAIN, THE INSURANCE Af'FQRDED BY mE POuCIES OESCI~IBEO HEREIN IS SUBJECT TO ALL HiE TERMS. EXCLUSIONS AND CONDlTlONS OF SUCH
POUCIES. AGGREGATE LIMITS SHowr>J MAY HAVE OEEN REDUCED BY PAID CLAIMS
INSR" -bo'L] - ~ POLICY NU~;ER - --- : pOIJe"Y EF-FECiivE POLlCY EXPIRATION;
LIMITS
i'1!;!'IERAL LIABILITY
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WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERIEXECUT1VE
OfflCERlMEM6ER EXCLUDED?
~trcl~iSPR~VI~1o~s below
OTHER
B . Professional & Pollution liability PEC 5866366 00
01/25/2005
01/2512006
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: Retro Professional
$10,000,000
$10,000,000
03/01/04
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ^OOEO 8'1' ENDORSEMENT f SPECIAL PROVISIONS
The certificate holder is additional insured with respect to generalliabiJity.
Re: Contract 05.J747R '"Indoor air Quality Services"
Professional & Pollution liabili
CERTIFICATE HOLDER
includes Mold Consullin and Mold Remediation Sub-Limits of Liabilil
CANCELLATION
SHOULD ANY DFTHE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION
Collier County Government DATE THEREOf, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
--
Purchasing Department NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAllURl!: TODO SO SHALL
3301 E. Tamia"i Trail IMPOSE NO OBL!GATlON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Naples, FL 34112 REPRESENTATIVES.
AUlHORlzeD REPRESENTATIVE {'/L~ ~ l\.....'V <lS>
ACORD 25 2001108 <i:l ACORD CORPORATIOW 1988
ACORO,. CERTIFICATE OF LIABILITY INSURANCE DAn: lMMJDDIYY
B/2B105
PROOUCEJII THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlC
ACOROIA EAST - TAMPA BAY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA,
P.O, Box 31666 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND C
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO~
Tampa, FL 33631-3666
727-796-6666 INSURERS AFFORDING COVERAGE
INSURED U,S, Enargy Services, Inc. INSURER A: Hantlord Insurance
dba Pure Air Control Services INSURER El: St. Paul. Travelers Ins.
4911 C Creekside Or INSURER c:
,Clearwater FL 33760 INSURER 0:
INSURERE:
411.""
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED C
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF sue
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
,I~;: TYPE OF aNlURANCE POLICY NUMIU POUCY EFFECTIVE ~~l EXpjRATION UMJTS
~SlAL UABllJTV EAC.., OCCUflR~CE I
COMMERCIAL GENERAL LIABILITY RRE DAMAGE IAn.,. one tire} I
I CLAIMS MADE 0 OCCUR MED EXP IAn.,. one per,on) I
PERSONAl &; AOV INJURY I
GENERAL AGGREGATE I
~.~ AGG~n UMIT APrl PER: PRODUCTS. COMPIOP AGO I
POUCy ~~R.;. lOC
s ~TOMOIIlE UAlLJTY B108290W218 2/01105 2/01106 COM81NED SINGLE LIMIT 1000000
Ie. Kc;Id.nij .
~ ANY AUTO
f.- ALL OWNEQ AlITOS BODIL. Y INJUftY
IP.rp1(5Orl1 I
f.- SCJ-lEOULEO AUTOS
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:-:J.OCCUR D CLAIMS MAD! AGGREGATE I
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==i DEDUCTlOL< I
RETENTION I I
A WOFtKERI COMP!NIATION AND 21 WECPH31 B2 1/01/05 1/01/06 X I T""'S~r~!:fc> I IDiRH-
EMPlOYERS" UAaa.rrv E.L. EACH ACCIDENT I 1000000
E..L. DISEASE. EA EMI"LOYEE , 1000000
E.l. OI$€ASE . POUC'" LIMIT I 1000000
OTH!JII
DE&CRlPTtoN 0' ONRAllONalLOCATJONSNiHlCUSlIXCLUltONI ADDeD av ENDOIIIIIEMIENTIIPECW. PROVISIONS
RE: CONTRACT 05.3747R INDOOR AIR QUALITY SERVICES
COLLIER COUNTY GOVERNMENT IS ADDITIONAL INSURED RE GENERAL LIABILITY
FAX 239-732'()844
"10 days notice of cancellation applies tor non p.vrnem of premium
CERTIFICATE HOLDER I I ADDlTIONAL lUURID; INSUREA lETTER: CANCELLATIQN
IHOUt.D ANY 0' THE ABOYE DESCRIBED POLICIES lIE CANCElUD IEFORl THE EXPIRATlOIi
COLLIER COUNTY GOVERNMENT PATE THIREO'. THE "SUINQ "SUIWt WILl. END!EAYOII TO MAil ~ DAYS WRITlH
PURCHASING DEPARTMENT NOTIC. TO THI CIRT"'CATI HOlDER NAMED TO THE LEFT. IUT FAILURE TO DO SO SHAll
3301 E, TAMIAMI TRAIL WlPOIE NO OIUQATION OR UAaIUTY Of ANY KIND UPON nt. INSURER. rrs AGENTS OR
NAPLES, FL 34112 NlPftUENTATlVU. r\ ,.
AUTHOllilZED REPIlUENTAT^<..e,.J.. t/ ?;p
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0 -S /97 . (/ 1/ Ii ACORD CORPORATION 1981
AC RD 25 17
7 24