#10-5373 (Johnson Controls, Inc.)
A G R E E MEN T 10-5373
for
Energy Management Services
THIS AGREEMENT, made and entered into on this 1+'" day of
M<lrC.h I 2011, by and between Johnson Controls, Inc., authorized to do business in
the State of Florida, whose business address is 2430 Vanderbilt Beach Road, Suite 108,
Naples, Florida 34109, 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 a three (3) year period, commencing on
March I, 2011, and terminating on February 28, 2014.
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 two
(2) additional three (3) 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 provide HVAC and/or energy
management services for construction, retrofit, and/or maintenance services on any
County facility involving any of the systems, services or products in accordance with
RFP 10-5373 and the terms and conditions of this Agreement. The Contractor will be
responsible for engineering, design knowledge, and compliance with all relevant local,
State and Federal codes and regulations. The pricing schedule in Exhibit 1/ A," attached
hereto and incorporated herein by reference, as well as additional services as required
and mutually negotiated and agreed upon in writing by the County and the Contractor,
will be considered part of this Agreement.
2.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the County Project Manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
2.2 Ownership to and title in any and all equipment, materials, items or devices
installed by the Contractor in a County facility shall pass to the County upon the
Page 10f8
acceptance by the County of said equipment, materials, items or devices in the County
facility .
2.3 The Contractor shall provide to the County all record drawings, operating instructions, and
maintenance procedures for all equipment and control systems installed under this Agreement.
2.4 For projects performed by the Contractor directly or indirectly for the County, the
performance of the work shall be subject to and governed by the terms and conditions of this
Agreement.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this
Agreement an estimated annual amount of one hundred sixty thousand dollars ($160,000.00),
based on the unit prices set forth in Exhibit 1/ A," subject to Change Orders as approved in
advance by the County. Payment will be made upon receipt of a proper invoice and upon
approval by the Facilities Manager or his designee, and in compliance with Chapter 218, Fla.
Stats., otherwise known as the I/Local Government Prompt Payment Act".
3.1 The County shall pay the Contractor for the performance of this Agreement in accordance
with any of the following three (3) payment methods:
A. Emergency work will be performed on a time and material basis.
B. For construction (new work), retrofit projects and routine maintenance services, the
Contractor may submit a proposal, either on a lump sum basis or a time and material
basis with a "Not to Exceed" total, at the discretion of the County. All pricing shall be
based on the rates indicated in Exhibit "A." Each proposal shall be supported by a
completed spreadsheet, the template for which shall be as shown in Exhibit I/B,"
attached hereto and incorporated by reference. For lump sum proposals, the
spreadsheet is for identifying resource allocation only and not required for payment
processing. The County shall pay the Contractor for the performance of work outlined
in each proposal as accepted and approved by the Director of Facilities Management or
his designee in compliance with the County Purchasing Policy and Administrative
Procedures in effect at the time such services are authorized. Departmental requests
for services shall be paid upon completion or partial completion of the work tasks as
accepted and approved by the appropriate Department Director or his designee
pursuant to the Contractor's proposal and schedule for that department.
C. Payment for maintenance service contracts shall be paid according to the terms of each
maintenance contract in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such services are authorized.
3.2 All prices in Exhibit II A" may be adjusted by the County on the anniversary date of the
Agreement, based on the annual change to the Consumer Price Index-Southern States, under
Page 2 of8
1/ All Urban Consumers, All Items", using the latest release available preceding the notice of
the adjustment. The County shall determine the value, if any, of this annual adjustment.
The Contractor must request an adjustment in writing, no more than thirty (30) calendar days
after the anniversary date of this Agreement.
3.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline
period is subject to non-payment under the legal doctrine of I/laches" as untimely submitted.
Time shall be deemed of the essence with respect to the timely submission of invoices under
this agreement.
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.
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:
Shawn M. Simpson, Account Executive
Johnson Controls, Inc.
2430 Vanderbilt Beach Road
Suite 108, #343
Naples, Florida 34109
Telephone: 239-455-2930
Facsimile: 239-455-2985
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
3327 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.
Page 3 of8
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.5., 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 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.
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.
Page 4 of8
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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.
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.
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 ansmg from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Facilities Management 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.
Page 5 of8
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, Insurance Certificate, RFP #10-5373 Specifi-
cations/Scope of Services and Exhibits 1/ A" and I/B."
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 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.
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.e. 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, subject to approval by the County.
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
Page 6 of8
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.
23. KEY PERSONNEI/PROJECT STAFFING: The proposer's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the contract.
Selected firm shall assign as many people as necessary to complete the projects on a
timely basis, and each person assigned shall be available for an amount of time adequate
to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel
unless the following conditions are met: (1) Proposed replacements have substantially
the same or better qualifications and/ or experience. (2) that the County is notified in
writing as far in advance as possible. Firm shall make commercially reasonable efforts to
notify Collier County within seven (7) days of the change. The County retains final
approval of proposed replacement personnel.
***
Page 7 of8
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:.........i}...... >,
Dwight E.~r:q1ZK; Cler~bt~C6urts
,~~} ". ,,,~~
~ ',.iIl;,lIio'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'1uLW. ~
By:
Fred W. Coyle, Chairman
T ohnson Controls, Inc.
'J4~~~ '-
First Witness
~bJ....! N? .:?:h7j7SQ'7
tTy e/print witness namet
Contractor
By:
~
L~N'1 0<>>ei't1 - B~GH N\1fH~ t:;f1l-
Typed signature and title
51 IV/A c."e f-h,::'
tType/print witness namet
Approved as to form and
leg ficiency:
SCOTT R. TEACH
Print Name
Page 8 of8
Services Category
Construction Personal
Site Supervisor
System Engineer
Clerical
System Design
Material Handling
Mileage
Project Manager
Lead System Specialist
System Technician
Overtime
HV AC Service Personal
Clerical
Material Handling
Mileage
Chiller Mechanic
Project Manager
Service / HVAC Technician
Service / Controls Technician
Overtime
Exhibit "A" to the Enerov Manaoement Contract
Prices Effective *** Terms of Contract***
Energy Management RFP #10-5373
Johnson Controls Inc.
Hourly/Rate/Markup
$90.00
$102.00
$55.00
$90.00
$55.00
$1.00
$129.00
$102.00
$65.00
1.5 Standard Rate
$55.00
$55.00
$1.00
$100.00
$129.00
$86.00
$115.00
1.5 Standard Rate
Fire & Security Services
Clerical
Material Handling
Mileage
Fire Inspector
Project Manager
System Technician
System Engineer
Service Representative
Overtime
$55.00
$55.00
$1.00
$65.00
$129.00
$102.00
$102.00
$102.00
1.5 Standard Rate
Subcontractor
Subcontracted Services (includes communications Systems
and other services provided through subcontractors) JCI + 10%
Non - Johnson Controls Inc.
Catalogued Products
Overhead
Profit
Parts
Vendor Quote + 10%
Included
10%
In House Materials
Discounts
Outside Vendor Materials
List + Tax + Freight
List X .5
Cost + 25%
Freight
Cost of freight delivery, from the factory to its final destination,
will be calculated on a Job by job basis.
EXHIBIT B
I Job Name:
Collier County Government 661-2000 I Collier PO#:
Section A j U"iIT 1 Q"'"q Discount Adjusted Price
Johnson Controls Material lList less .5 Discount) 0.5 $0.00
$0.00
$0.00
$0.00
$0.00
Freiaht
Total JCI Material cost $0.00
Rate Hours/Miles Adjusted Price
Section B - Construction Personal $0.00
Site Suoervisor 90.00 $0.00
System EnQineer 102.00 $0.00
Clerical 55.00 $0.00
Material HandlinQ 55.00 $0.00
Mileaae 1.00 $0.00
Proiect Manaoer 129.00 $0.00
System Technician 65.00 $0.00
Lead Svstem Soecialist 102.00 $0.00
Total Labor $0.00
I I
Rate Hours/Miles Adiusted Price
Section C - Fire & Security & Security Services $0.00
Clerical 55.00 $0.00
Material Handlino 55.00 $0.00
MileaQe 1.00 $0.00
Fire Insoector 65.00 $0.00
Proiect ManaQer 129.00 $0.00
System Technician 102.00 $0.00
System EnQineer 102.00 $0.00
Total Labor $0.00
I
Section D Cost =- 1.1
Subcontractor $0.00
$0.00
$0.00
$0.00
$0.00
Total Subcontractor $0.00
I I
Section E Cost 1.25
Outside Vendor Material $0.00
$0.00
I $0.00
I $0.00
I $0.00
$0.00
Freight $0.00
Total Outside Vendor Material $0.00
Total
Profit Cost 1.10 x Totall $0.00
Subtotal $0.00
Subtotal w/o JCI Material
JCI Material From Above
Collier County Permit 0.00 0
TOTAL JOB #REF!
-----,
ACDRIY CERTIFICATE OF LIABILITY INSURANCE r DATE (MM/DDNYYY)
~ 3/10/2011
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Marsh USA Inc., Attn: CPU, Fax (414) 290-4953 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
411 East Wisconsin Avenue CPU _Milwaukee@marsh.com HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 1600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Milwaukee, WI 53202-4419 *SEE REVERSE FOR AM BEST RATING NAIC#
INSURERS AFFORDING COVERAGE (SEE REVERSE)
INSURED
Johnson Controls, Inc. Attn: Corp Risk Mgml. X-92 INSURER A SEE REVERSE SIDE FOR INFORMATION
Johnson Controls Battery Group, Inc. P.O. Box 591
Johnson Controls Interiors, L.L.C. Milwaukee, WI 53201 INSURER B: SEE REVERSE SIDE FOR INFORMATION
JCIM US LLC
Cal-Air, Inc. INSURER C: SEE REVERSE SIDE FOR INFORMATION
GES America, L.L.C.
Metro Mechanical Inc. INSURER D: SEE REVERSE SIDE FOR INFORMATION
Optima Batteries, Inc.
USI Real Estate Brokerage Services Inc. INSURER E:
York International Corooration
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDlNG 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.
POLICY POLICY
NSR ADD'L TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS
LTR NSRD DATE DATE
IMM/DDNYI IMM/DDNYI
A GENERAL LIABILITY (1) (3) (4) HDOG25521390 10/1/2010 10/1/2011 EACH OCCURENCE $ 5,000,000
[8] COMMERICAL GENERAL LIABILITY DAMAGE TO RENTED
PREMISES lEa occurrence) $ 5,000,000
DO CLAIMS MADE [8] OCCUR MED EXP (Anyone person) $ 50,000
[8] Contractual PERSONAL & ADV INJURY $ 5,000,000
[8] X.C.U GENERAL AGGREGATE $ 5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 5,000,000
11)(1 POLICY n PROJECT n LOC
B AUTOMOBILE LIABILITY (2) (3) (4) - 90-04606-01 10/1/2010 10/1/2011 COMBINiODSINGLE LIMIT $ 5,000,000
[8] ANY AUTO (Ea Accident)
o ALL OWNED AUTOS BODILY INJURY $
o SCHEDULED AUTOS (Per person)
BODILY INJURY
[8] HIRED AUTOS (Per accident) $
[8] NON-OWNED AUTOS PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
o ANY AUTO OTHER THAN EA ACC $
IFi AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY XOO G25827855 10/112010 10/1/2011 EACH OCCURRENCE $ 5,000,000
D [8] OCCUR 0 CLAIMS MADE AGGREGATE $ 5,000,000
o DEDUCTIBLE $
$
o RETENTION $ $
WORKERS COMPENSATION AND WLRC4614014A -AOS [8] WC STATU- o OTH-
C EMPLOYERS' LIABILITY (4) WLRC46140126 - CA 10/1/2010 10/1/2011 TORY LIMITS ER
Am PROPRIETORlPARTNERlEXECUTIVE SCFC46140151 - WI E.L. EACH ACCIDENT $ 1,000,000
OFFICERlMEMBER EXCLUDED? [!D Y/N WCUC46140175 - EX WC E.L. DISEASE - EA EMPLOYEE $ 1,000,000
(Mandatory in NH) WCUC46140163 - EX WC FL
~!~~,~~SCribeunder:h~ln~ E.L. DISEASE - POLICY LIMIT $ 1,000,000
OTHER
(1) ADDITIONAL INSURED: If required by contract, includes coverage for Additional Insureds per attached endorsement.
(2) ADDITIONAL INSURED: If required by contract, includes coverage for Additional Insureds and Loss Payees as required by contract
(3) PRIMARY COVERAGE: Where required by lease or contract, this coverage is primary and not excess of or contributing with other insurance or self-insurance
(4) WAIVER OF SUBROGATION: Insured waives subrogation to the extent required by contract.
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
JCI Contract No.: 10-5373
JCI Project Name:
Customer PO Number:
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Collier County EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL iNb'i""QR TO
3329 tamiami Trail East MAIL .JJL. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Ste 303
Naples, FL. 34112 SUT F'IllYRi T.Q gO &0 ill"lllMPOii NQ OlillIC"TION OR ll"SlllTYOF "NY KINg UPQN
Tlli INiYRiR,lTi "Citln OR RI!PRiiiNT^lI"ill.
AUTHORIZED REPRESENTATIVE
/::;j~/:<,.?::i./;,o-~;7 :;?'-. ."<-;7~,,"'::.,.-.<~
Of MARSH USA INC.
ACORD 25 (2009/01)
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require
an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
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 (2009/01)
AM Best Rating
COMPANIES AFFORDING COVERAGE (as of 9/1/10) NAIC#
"SEE BELOW
INSURER A: ACE AMERICAN INSURANCE COMPANY A+XV 22667
PO Box 41484, Philadelphia, PA 19101
INSURER B: SENTRY INSURANCE A MUTUAL CO. A+XV 24988
1800 North Point Dr., Stevens Point, WI 54481
INSURER C: ACE AMERICAN INSURANCE COMPANY FOR A+XV 43575
CA, FL, WI AND EX WC; INDEMNITY INS.
CO OF NORTH AMERICA FOR ALL OTHERS
PO Box 41484, Philadelphia, PA 19101
INSURER 0: ACE PROPERTY & CASUALTY INSURANCE A+XV 20699
COMPANY
436 Walnut Street, Philadelphia, PA 19106
*A.M. Best ratings of insurers are provided for information purposes only and are based upon information with respect
to such ratings available to Marsh USA Inc. on the date set forth herein with respect to such ratings. Marsh USA Inc.
will have no responsibility or obligation to, inform the certificate holder or any person relying upon this certificate of any
changes in such AM. Best ratings occurring after such date. Marsh USA Inc. will have no liability with respect to the
solvency or future ability to pay claims of any of the insurance companies which have issued the insurance policies
referenced herein.
** The Auto Liability placement was made by Risk Management Resources, Inc., 121 W. Wacker Dr., Suite 2325,
Chicago, IL. Marsh USA Inc. acts in the role of consultant to the Insured with respect to this placement, which is
indicated for your convenience.
POLICY NUMBER: HDOG25521390
COMMERICAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s) Or Oraanization(s):
If required by contract, Collier County
Location(s) Of Covered Operations
As required by contract,
Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations.
Endorsement #A2
Section II - Who is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused solely by:
1. Your acts or omissions; or
2. The acts or omissions ofthose acting on your behalf;
With respect to the insurance afforded to these additional
insureds, the following additional exclusions apply:
in the performance of your ongoing operations for the
additional insured(s) at the location(s) designated above.
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or repairs)
to be performed by or on behalf of the additional
insured(s) at the location of the covered operations
has been completed; or
2. That portion of "your work" out of which the injury or
damage arises has been put to its intended use by
any person or organization other than another
contractor or subcontractor engaged in performing
operations for a principal as a part ofthe same
ro'ect.
Endorsement #A2A
AD[lITlq~ALJN&lJREI?""9"".NE:R&,LE~SE:ESORGONTRA9TgRS--COMPLETEDOPERATIONSo-
NAMED INSURED'S ACTS OROMISSIONS ONLY
Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the
Schedule, but only with respect to liability for "bodily injury" or "property damage" caused solely by "your work" at the location
designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-
completed operations hazard. "
,- .
Colt,. Cmmty
Adninislrative Servias Division
Purchasing
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-2667
FAX: (239) 252-6593
Email: LynWoodllUcollieraov.net
www.collieraov.netlpurchasina
Memorandum
Subject:
Solicitation # 10-5373 "Energy Management Services"
Date:
March 9, 2011
Lyn M. Wood, C.P.M, Procurement Strategist ,J/.A'v
Ray Carter, Risk Manager ~'
From:
To:
This Contract was approved by the BCC on March 8, 2011 agenda item 10.H
The County is in the process of executing this contract with Johnson Controls, Inc.
Please review the Insurance Certificate(s} for the referenced Contract.
. " the insurance is not in order. please contact the vendor/insurance company to obtain a proper
certificate. Once you receive the proper certificate(s}, please acknowledge your approval and send to the
County Attorney's office via the attached Request for Legal Services.
. "the insurance is in order. please acknowledge your approval and send to the County Attorney's office via
the attached Request for Legal Services.
If you have any questions, please contact me at the above referenced information.
:mSY
Ris anagement Signature
3~;;1
Date
C:
Dennis Linguidi, Facilities Mgmt.
DATE RECEIVED
MAR 1 1 2n11
RISK MANAGEMENT
(Please route to County Attorney via attached Request for Legal Services)
G/AcquisitionslAgentFormsandLetterslRiskMgmtReviewoflnsurance4/15/201 0/16/09
Johnson ~1t/
Controls
DELEGATION OF AUTHORITY
The undersigned, President of Johnson Controls, Inc., a Wisconsin corporation,
pursuant to the authority vested in him by a certain resolution adopted by the Board of
Directors. of the Company on January 23, 1980, hereby authorizes
Lenny Joseph
HV AC Branch Manager - Systems
to perform, on behalf ofthe Company, the acts described below:
To execute and deliver any and all contracts for the performance of work, sale of
goods, and furnishing of services, and any other instnunents in connection
therewith and in the ordinary course of business.
This authority does not extend to:
a. the execution of surety, performance or bid bonds;
b. the signing of any notes, contracts, or any other agreement to borrow
money in the name of the Company;
c. the signing, on behalf of the company, of any deeds, abstracts, offers to
purchase or any other instnunents pertaining to the purchase or sale of real
property; and
This authority shall remain in full force and effect until July 30,2011.
Signed and sealed at Milwaukee, Wisconsin, this 31st day of January
, 2011
~~
Stephen A. Roell, President