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Backup Documents 10/13/2009 Item #16E 716� 7 MEMORANDUM Date: December 21, 2009 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Agreement #09 -5260 "Janitorial Services" Contractor: ABM Janitorial Services - Southeast, LLC Attached is an original copy of the contract referenced above, (Item #16E7) approved by the Board of County Commissioners October 13, 2009. The Minutes & Records Department has held the second original contract for the Board's record. If you should have any questions, please contact me at 252 -8406. Thank you. Attachment (1) ITEM NO.: —P2c c� "j _;; DAT�, RECE146 C 7 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES C Date: December 8, 2009 To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist 1 Purchasing Department, Extension 2667 Re: Contract: #09 -5260 "Janitorial Services" Contractor: ABM Janitorial Services- Southeast, LLC BACKGROUND OF REQUEST: This Contract was approved by the BCC on October 13, 2009, Agenda J Item 16.E.7 This item has not been previously submitted. ACTION REQUESTED: �10 Contract review and approval. OTHER COMMENTS: 1-dm q Please forward to BCC 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: Damon Gonzales, Facilities Management MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist -a Purchasing Department j DATE: December 8. 2009 16E7 RE: Review Insurance for Contract: #09 -5260 "Janitorial Services" Contractor: ABM Janitorial Services - Southeast, LLC This Contract was approved by the BCC on October 13, 2009, Agenda Item 16.E.7 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, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod /LMW C: Damon Gonzales, Facilities Management DATE RECEIVED OEC 10 2009 16E7 mausen_g From: RaymondCarter Sent: Wednesday, December 16, 2009 9:26 AM To: LynWood Cc: GonzalesDamon, mausen_g Subject: FW: ABM Certificate of Insurance All, I have approved the certificate(s) of insurance provided by ABM Janitorial Services- Southeast, LLC as required by contract 09 -5260. Additionally, ABM has provided a "surety bond" which meets(exceeds) the requirement set forth in section 24 of the contract. The contract will now be forwarded to the County Attorney's Office for their review. Thank you Lyn for your follow up, Ray From: LynWood Sent: Wednesday, December 16, 2009 8:46 AM To: RaymondCarter Subject: FW: ABM Certificate of Insurance Ray, Will this one work? Lyn From: simpson_a Sent: Tuesday, December 15, 2009 7:35 PM To: LynWood Subject: ABM Certificate of Insurance Finally I hope this is OK. im ABM Certificate of Insurance.p... Ann 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 �n writing. RLS # 09 —& e- 61 t 30 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: h6A4 SAN, -rota, HC. ,S£&Vcc ES — _ Deyi 6,4STrt1 -C. 16 E 7 Entity name correct on contract? Entity registered with FL Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $_ � JAL t, Products /Compl/Op Required $ Personal & Advert Required $ Each Occurrence Required $ _ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ IM t 1, Workers Compensation Each accident Required $_ !ap Qpo Disease Aggregate Required $ Disease Each Empl Required $___ Umbrella Liability Each Occurrence Provided $__,j _KArL Aggregate Provided $ t Does Umbrella sufficiently cover any underinsured portion? Professional Liability 1Yes No ✓ Yes No Provided $ _3_LnAL- Provided $ 2 MU_ Provided $ Provided $ << Exp Date lk 7010 Exp Date_ Zolp Exp Date Exp Date _ Exp Date !+ Zptp Exp Date _ _ t ✓ Yes No Each Occurrence Required $ Provided $ Exp. Date Per Aggregate Required $ Provided $ Exp. Date Other Insurance Each Occur Type: ficciss _iau ry Required Provided $_Z vw,. v.- F,xp Date tc t 20tD County required to be named as additional insured? _,Z' Yes No County named as additional insured? _Yes No Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond d 0 6, 10 Does dollar amount match contract? Agent registered in Florida? 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? Attachments Are all required attachments included? V Yes _No Yes / No _Yes No ____Yes J�Noci -O&O t/ Yes No ,/ Yes No ✓ Yes No __✓ Yes No ✓ Yes No _ V Yes No ✓ Yes No ✓ Yes No Yes _No (- ReviewerInitials: vl� Date: 04LOA -01030/221 v1 Yes No _Yes No Yes No _iL_ Yes No Provided $ 2 Mr L Exp. Date ,o Provided $_ t Exp. Date I t, Provided $ it Exp. Date t' Provided $ tt Exp. Date t' Provided $__ _ t Exp. Date t' Provided $ _3_LnAL- Provided $ 2 MU_ Provided $ Provided $ << Exp Date lk 7010 Exp Date_ Zolp Exp Date Exp Date _ Exp Date !+ Zptp Exp Date _ _ t ✓ Yes No Each Occurrence Required $ Provided $ Exp. Date Per Aggregate Required $ Provided $ Exp. Date Other Insurance Each Occur Type: ficciss _iau ry Required Provided $_Z vw,. v.- F,xp Date tc t 20tD County required to be named as additional insured? _,Z' Yes No County named as additional insured? _Yes No Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond d 0 6, 10 Does dollar amount match contract? Agent registered in Florida? 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? Attachments Are all required attachments included? V Yes _No Yes / No _Yes No ____Yes J�Noci -O&O t/ Yes No ,/ Yes No ✓ Yes No __✓ Yes No ✓ Yes No _ V Yes No ✓ Yes No ✓ Yes No Yes _No (- ReviewerInitials: vl� Date: 04LOA -01030/221 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Foreian Limited Liabilitv Comoan ABM JANITORIAL SERVICES - SOUTHEAST, LLC Filing Information Document Number M08000003582 FEI /EIN Number 580949708 Date Filed 07/31/2008 State CA Status ACTIVE Principal Address 1111 FANNIN ST, STE 1500 HOUSTON TX 77002 Changed 04/28/2009 Mailing Address 1111 FANNIN ST, STE 1500 HOUSTON TX 77002 Changed 04/28/2009 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Manager /Member Detail Name & Address Title MGR AVANT, ROBERT G 1111 FANNIN ST, STE 1500 HOUSTON TX 77002 Title MGR MCCLURE, JAMES P 1111 FANNIN ST, STE 1500 HOUSTON TX 77002 Title MGR BOUVIER, CHRISTOPHER B 1111 FANNIN ST, STE 1500 HOUSTON TX 77002 Annual Reports Document Searches fat 1 of 2 Forms Help Entity Name Search Submit http://www.sunbiz.org/scripts/cordet.exe?action= DETFIL&inq doc_number--MO8000003... 9/29/2009 www.sunbiz.org - Department of State Page 2 of 2 16E7 Report Year Filed Date 2009 04/28/2009 2009 05/19/2009 Document Images 05/19/2009. -- ANNUAL.. REPORT .View Image in PDF:format 04/28/2009 -- ANNUAL REPORT View image in PDF format 07/31/2008 Foreign limited View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History i i1oo. I (.rta<l j 1� I L,Yt 11 i'W `n0ti. 1 1 mp , I bIIII I t „IC 1 C>"'Y ,ht d ' % %mi ss ,it „hii7S`nle "f i "nda kUyrtmer'., Male. Entity Name Search Submit http://www.sunbiz.org/scripts/cordet.exe?action—DETFIL&inq_doc numbei--MO8000003... 9/29/2009 16E7 A G R E E M E N T #09-5260 for Janitorial Services THIS AGREEMENT, made and entered into on this th day of Oc +nhZ 4— 1 2009, by and between ABM Janitorial Services- Southeast, LLC, authorized to do business in the State of Florida, whose business address is 3260 NW 23rd Avenue, #100, Pompano, Florida 33069, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on October 1, 2009 and ending on September 30, 2011. 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 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 perform county wide janitorial services in accordance with the terms and conditions of Bid #09 -5260 and the Contractor's proposal referred to herein and made an integral part of this agreement. 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. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of one million three hundred eighty - three thousand fifty-three dollars and ninety -four cents ($1,383,053.94), based on the unit prices set forth in Exhibit A attached hereto and made a part hereof, subject to Change Orders as approved in advance by the County in writing. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Page I of 7 16E7 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: ABM Janitorial Services - Southeast, LLC 3260 NW 23rd Avenue, #100 Pompano, Florida 33069 Attention: Mark Hawkinson, Sales Manager Telephone: 954 - 974 -3636 Facsimile: 954 - 974 -5388 Email: knelson @one- source.com All Notices from the Contractor to the County shall be deemed duly served if mailed, faxed or emailed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell, Purchasing /GS Director Telephone: 239 - 252 -8371 Facsimile: 239 - 252 -6584 Email: stevecarnell @colliergov.net 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. 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 Pa e2of7 16E7 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 thirty (30) day written notice. The County shall be sole judge of non - performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. 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 thirty (30) days prior to any expiration date. Pale 3 of 7 16E7 There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the 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. 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, Performance Bond, Bid #09 -5260 Specifications/ Scope of Services, and Addendum. 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. 16. 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 Page 4 of 7 16E 7 quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 17. 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. 18. 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. 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. ADDITIONAL ITEMS /SERVICES: Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contractor and Contract Manager. 21. DELETION OF ITEMS /SERVICES: The County, in its sole judgment, may delete facilities and adjust prices accordingly based upon the prevailing contract square foot price. If the deletion of the facilities creates a decrease in revenue of ten percent (10 %) or more to the Contractor, pricing will be renegotiated between the Contractor and Contract Manager. The deletion of tasks and /or frequency of tasks will be negotiated between the Contractor and Contract Manager. 22. ASSIGNMENT, SUBLEASE, SALE, etc.: Should the Contractor sell or sublet this contract or any part thereof to any person or entity other than the awardee, the Board of County Commissioners shall be notified in writing immediately upon the transfer of ownership. The assignment of this contract or any part thereof, shall require that its assignee be bound to it and to assume toward the Contractor, all of the obligations and responsibilities that Contractor has assumed toward the County. In the County's best interest, and at its option, the service/ commodity may be re -bid, delivering a sixty (60) day written notice to the new owner(s). 23. BACKGROUND CHECKS: Contractor shall be responsible for the costs of providing background checks for all employees that shall provide services to the County under this contract. This may include, but not be limited to: checking federal, state and local Pa e5of7 16E7 law- enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. The results of these checks will be kept on file by the Collier County Security Section until the total completion of the project. 24. PERFORMANCE BOND: The Contractor shall provide the County with a Performance Bond in the amount of one million three hundred eighty-three thousand fifty-three dollars and ninety-four cents ($1,383,053.94) for the term of the contract and any renewals thereof. 25. SUBSTITUTE PERFORMANCE: If, in the opinion of the Contract Officer, any part of the Contractor's performance becomes unsatisfactory, the County reserves the right to notify the Contractor. Upon notification, the Contractor will within two (2) hours initiate corrective tangible action (on -site) in any specific instances of unsatisfactory performance and/or any emergency situations. The County shall have the immediate right to complete the work to its satisfaction, through the use of County employees or outside contractors as deemed necessary, and shall immediately deduct from the Contractor's monthly invoice an amount figured by the Deductions Formula or $100.00, (for lack of service and /or lack of response) at the Contract Officer's discretion, plus actual cost to correct. 26. 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. Page 6 of 7 16E7 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. Bxock; Clerk. off, Courts By: &Jl ) � -O.L Dated: two a to t0 j CMG amll -) Jlk -2�� First Witness /I Ei A- )Ikwe h 00-lam TT pe /print wittyess nameT Second Witness TType /print witness nameT Approved as to form and legal sufficiency: t County Attorney Dln� --r `J Go-Ir 2 I eaoL Print Name BOARD OF COUNTY COMMISSIONERS COLLIER CO�UNTY, FLORIDA , By: Donna Fiala, Chairman ABM Tanitorial Services- Southeast, LLC Contractor By: Signature C�1YK7L (1w -- i3 &,L oaf 1i fkSig /{c/L'1 Sep ve.tl� -1 y Typed signature and title ' Page 7 of 7 1 Item # 1L=1 Agenda Date ( Cd . Date a lI Rec'dd v Deputy Clerk Bid Tabulation Sheet 16E7 Janitorial Services as listed in the scope of services within this document $.09724 (Not including Parking Garages). Please provide your price as an annual cost per square foot. Total Building Square Footage 1,412,466 X Annual Building Cost (sq.ft. $1:373;411.64 cost multiplied by total square footage) Main Campus Parking Garage #1 Janitorial Services as listed in the scope $2.085.00 of services within this Document (note the required cleaning services are. Please provide your price as an annual cost. Main Campus Parking Garage #2 Janitorial Services as listed in the scope $2,085.00 of services within this Document. Please provide your price as an annual cost. Vanderbilt Beach Parking Garage Janitorial Services as listed in the scope $3.932.00 of services within this Document. Please provide your price as an annual cost. CDES Parking Garage 91 Janitorial Services as listed in the scope $1,470.00 of services within this Document. Please provide your price as an annual cost. Subtotal Garage Costs Parking Garage #1, Parking Garage #2, Vanderbilt $9.572.00 Beach Parking Garage and CDES Parking Garage) Total Annual Costs (Annual Garage Costs +Annual Building Cost) $1.382.983.64 Reduction - Altemate Prices Total Annual Cost reduction of Paper Towel Products if removed from $37,000.00 Contract. Note: this is a potential subtractive cost, but should be included in the annual costs above. Total Annual Cost reduction if all facilities are cleaned on a 3 day schedule. $177.634.56 As previously noted, certain parks, health care and library facilities have additional days outside of the 3 day schedule of all other facilities (excluding garages). Note: this is a potential subtractive cost, but should be included in the annual costs above. Additional Services Services outside the annual contract pricing may be necessary or required $14.501hr- and shall be billed at the following time and material rates (Note: the rates Regular below are not required to be reflected in the previously listed prices for $18.95/hr — O.T. scheduled services, only spot cleanings or other special cleanings. All pricing above should already include costs of materials, etc. No additional markups shall be administered.) Material % Markup 10% Hourly labor rate $14.50 Subcontractor % Markup 30% ITB 09 -5260 Janitorial Serves Revised' April 2009 467A ACORDn. CERTIFICATE OF LIABILITY INSURANCE 12115/2909 DI09 ,2/,5/ PRODUCER Commercial Lines - (415) 541 -7900 Wells Fargo of California Insurance Services Inc. 45 Fremont Street, Suite 800 San Francisco, CA 94105 -2259 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. INSURERS AFFORDING COVERAGE NAIC if INSURED ABM Janitorial Services - Southeast, LLC 110 West Columbus Drive Tampa, FL 33602 INSURER A. ACE American Insurance Company 22667 INSURER B. ACE Property & Casualty Ins. Co. 20699 INSURER C: Indemnity Insurance Company of North America 43575 wsuRER o: Hartford Fire Insurance Co. 19682 INsuRER E. EACH OCCURRENCE 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. INSR LTR ADD' NSR TYPE OF IN POLICY NUMBER DATEYMMIDDTIYE PDATE MMIDONYN LIMITS A GENERAL LIABILITY XSLG23742317 11/01/2009 11/01/2010 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 2.000.000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE M OCCUR MED EXP(Any one person) $ Excluded PERSONAL &ADV INJURY $ 2,000.000 X $1,)00,000 SIR X XCU GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PRO LOG JECT A AUTOMOBILE LIABILITY ANY AUTO ISAH08245009 11/01/2009 11/01/2010 COMBINED SINGLE LIMIT E. accitlent) $ 3000,000 X X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Peraccidenq $ HIRED AUTOS NON OWNED AUTOS X PROPERTY DAMAGE (Per accitlent) $ GAR AGE LIABILITY AUTO ONLY - EA ACCIDENT 5 OTHER THAN EA ACC 5 ANY AUTO $ AUTO ONLY AGO B EXCESSIUMBRELIA LIABILITY XOOG24903382 11/01/2009 11/01/2010 EACH OCCURRENCE $ 5.000 000 X OCCUR ❑CLAIMS MADE AGGREGATE $ 5.000,000 $ DEDUCTIBLE $ X RETENTION $ 25,000 G WORKERS COMPENSATION AND WORKERS ANY PROPRIETOR /PARTNERIEXECUTIVE WLRC44348457 $1,000,000 Incident 11/01/2009 11/01/2010 X WC STATU- 11H H- FIR EL EACH ACCIDENT $ 2000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 OFFICER /MEMBER EXCLUDED' If yes, describe under SPECIAL PROVISIONS below Deductible Limit EL. DISEASE - POLICY LIMIT $ 2000,000 OTHER A Excess Auto ISAH0830175AO02 11/01/2009 11/ 01/ 2010 $2, 000,000 Limited Each Accident DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Branch #1903 Job #51200263 Job Site: All operations performed in Florida for the certificate holder by the named insured. Collier County is named as additional insured under the general liability as required by written contract. Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Arlon DS ronnamm . _. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENIYBXY X)MMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, �A1EApX)BHX ®M0S0(9111KK IMRAA00lQAB1XBJ\ RWMRRXtrOP8WL4X% MJtNNXNfINp %)}JQNNYIRBB(XTSM % iENdritpRXX AUTHORIZED REPRESENTATIVE (This certificate replaces certificate# 1008004 issued on 12/712009) 16F 7 OTHER Coverage (Continued from Page 1) INSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE (MM /DDIYY) EXPIRATION DATE (MM /DD/YY) LIMIT D Employee Dishonesty /Fidelity OOFA024632809 11/01/2009 11/01/2010 $1500000 Each occurrence $250,000 Deductible A Garage Keepers Legal Liability ISAH08245009 11/0112009 11/01/2010 53, 000, 000 Limit $1,000,000 Deductible -Comp 8 Collision Garage Liability XSLG23742317 11/0112009 11/01/2010 $1000000 Lim,VS150000 Deducible 7 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, nconu zas (LUUVUB) 2 of 2 #S915260/M915043 CONTINUATION CERTIFICATE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a certain Bond No. 104966455 dated effective October 1, 2007 (MONTH- DAY -YEARI on behalf of ABM JANITORIAL SERVICES - SOUTHEAST, LLC (PRINCIPAL) and in favor of COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (OBLIGEE) does hereby continue said bond in force for the further period beginning on 9/30/2009 (MONTH- DAY -YEAR) and ending on 9/30/2010 (MONTH- DAY -YEAR) Amount of bond $2,144,446.00 Description of bond Janitorial Services, Agreement #07 -4126 Premium: $ 15,011.00 16E 7 Surety upon PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and pi that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be can and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all i committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event the amount of said bond as hereinbefore set forth. Signed and dated on 8/3/2009 (MONTH- DAY -YEAR) 16F7 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On AUG 032009 before me, M. Gonzales. Notary Public, personally appeared Simone Gerhard who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is /axe subscribed to the within instrument and acknowledged to me that he /she /th" executed the same in lair,/her /theix authorized capacity(ie&), and that by #is /her /theix signature(s) on the instrument the person( &), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. M. Gonzal M. GONZALES COMM. #1605728 Lt NOTARY PUGLIC - CALIFORNIA N OS ANGELES COUNTY M Comm, Co Ex ire50ctober 5,2009! Y M. Gonzal POWER OF ATTORNEY r TRAVELERSJ� Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219442 Certificate No. 002799079 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint E. S. Albrecht Jr., Lisa L. Thornton, C. K. Nakamura, Maria Pena, Tracy Aston, Marina Tapia, Brenda Wong, Michael R. Mayberry, ED Conrad, Joyce Herrin, Simone Gerhard, and Noemi Quiroz of the City of Los Angeles , State of California , their true and lawful Attomey(s )-in -Pact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, dte Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of January 2009 28th Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company, St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 2 GI.54,t(lL CH Y jt 7 - q z SEAL oxx. e „ m ° O State of Connecticut City of Hartford ss. By: _ Georg Thompson, enior ice President On this the 28th day of January 2009 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TET In Witness Whereof, I hereunto set my hand and official seal. T*Aq My Commission expires the 30th day of June, 2011. #+ ,Delp } FY:Z L CiA�tYI'� i I1 iS: Rii�b��T i n &An k C. t* � Mine C. Tetreault, Notary Public ATTORNEY IS INVALID WITHOUT THE RED WARNING: I HIS POWER OI- AT FORNEY IS INVALID WITHOUT THE RED BORDER AdW POWER OF ATTORNEY 6 TRAVELERSJ Farmington Casualty Company SL Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219442 Certificate No. 002799079 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint E. S. Albrecht Jr., Lisa L. Thornton, C. K. Nakamura, Maria Pena, Tracy Aston, Marina Tapia, Brenda Wong, Michael R. Mayberry, KD Conrad, Joyce Herrin, Simone Gerhard, and Noemi Quiroz of the City of I ns Angeles , State of C'alifnrma , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 28th day of January 2009 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company, - St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company YS G�- y ,y+1NEp�r"' t j L n(O f 'gg ! 1>� 1951 tr y s9$Ny 2 l7 Y , G • �_ 64 L ��:f,xOSxM E _ .aI.qh ..�SL .�G f9 (� � P ✓.: 1P $jP PS�VIx O5A P49Lq J F 'N .x n { a•9JNxU:L.tnOY N9NmryR. aY1wWRt3Ma983i Wrp4 Y c N l� less ROON 9 y 7 0 m • OF M1Fa LFi•m �StiA� lY ... �..Y! 6 •.. xP' AIN State of Connecticut City of Hartford ss. By: /Gcoq;6 Thompson, tr lice President On this the 28th day of January 2009 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surely Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G,TET In Witness Whereof, I hereunto set my hand and official seal. T/W My Commission expires the 30th day of June, 2011. C+ p�_�,`,Gt 4„ 56440 -5 -07 Printed in U.S.A. WARNING: THIS Marie C. Teacault Notary Public