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HomeMy WebLinkAboutDetails Inspection Firm General Independent Contractor Agreement -2001 08 20ti 4 GENERAL INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made this 1st day of August, 2001, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose address is 1126 East State Road 434, Winter Springs, Florida ("City"), and Details Inspection Firm, Inc., whose address is Post Office 195035, Winter Springs, Florida 32719-5102 ("Contractor"). RECITALS: WHEREAS, the Contractor desires to provide to the City certain services under the terms and conditions set forth in this Agreement. IN CONSIDERATION of the mutual covenants and provisions hereof, and other good, diverse, and valuable considerations, the receipt and sufficiency all or which is hereby acknowledged, the parties desiring to be legally bound do hereby agree as follows: ARTICLE I GENERAL PROVISIONS 1.1 Definitions. For purposes of this Agreement, the following terms and words shall have the meaning ascribed to them, unless the context clearly indicates otherwise. (a) "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Contractor to provide the services stated herein to the City. (b) "City" is the City of Winter Springs, Florida, a Florida Municipal Corporation. (c) "Contractor" shall mean Details Inspection Firm, Inc., and any employees, contractors, or agents thereof. (d) "Effective Date" shall be August 1, 2001, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not be effective against any party until said date. (e) "Public Record" is as described in Section 119.011(1), Florida Statutes. (f) "Services" shall include the performance of the Services outlined in Article 2 of this Agreement. 1.2 Engagement. The City hereby engages the Contractor and the Contractor agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. The Contractor acknowledges that it has investigated prior to execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance and coordination with utilities as set forth herein, and the steps necessary to complete the Services within the time set forth herein. The Contractor warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth. The Contractor will perform its Services with due and reasonable diligence consistent with sound professional practices. 1.4 CCNA Services. The Contractor warrants unto the City that the Services being performed pursuant to this Agreement does not constitute professional services as defined by Section 287.055(2)(a), Florida Statutes. ARTICLE 2 DESCRIPTION OF SERVICES TO BE PERFORMED 2.1 Scope of Se~•vices. See attached exhibit "A", which is hereby incorporated by reference, for a full description of the Services to be performed under this Agreement. 2.2 Professionalism. The Contractor shall do, perform and carry out in a professional manner all Services required to be performed by this Agreement. 2.3 Submittal of Progress Reports. Upon request by the City, Contractor shall submit a written progress report as to the status of all Services set forth in this Agreement. The report shall in a sufficient manner demonstrate what services were performed under this Agreement. If the detail is not sufficient in the City Manager's reasonable discretion to permit the City to determine the Services performed or the manner in which it is being performed, the City may seek more detail from the Contractor. 2.4 Warranty of Professional Services. The Contractor hereby warrants unto the City that it has sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any. Services, the Contractor shall supervise and direct the Services, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Contractor shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority hearing on the performance of the Services. The Contractor shall pay all taxes, fees, license fees required by law, including but not limited to 2 ~'' occupational fees and withholding taxes and assume all costs incident to the Services, except as provided herein. ARTICLE 3 COMPENSATION, PAYMENT TERMS 3.1 Compensation. See attached Exhibit "B" which is hereby incorporated by reference for a full description of the compensation and reimbursable expenses to be paid Contractor under this Agreement. Other than the compensation set forth in Exhibit "B", there shall be no other compensation due Contractor for the Services provided under this Agreement, unless specifically agreed to by City in writing. 3.2 Invoices and Payment Terms. Contractor shall submit to the City detailed invoices acceptable to the City for all Services performed and any allowable reimbursable expenses incurred under this Agreement. Proper invoices shall be submitted and paid as provided in Exhibit «B„ ARTICLE 4 GENERAL CONDITIONS OF SERVICES 4.1 City Inspection. Subject to a right of appeal to the City Commission of the City of Winter Springs, the City Manager shall have authority to reject Services as not conforming to this Agreement. 4.2 Services is a Private Undertaking. With regard to any and all Services performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and the Contractor is such that the Contractor is an independent contractor and not an agent of the City. The Contractor is an independent contractor and not an employee of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Contractor, during or after the performance of the Services under this Agreement. 4.3 City's Responsibilities. The City shall cooperate with the Contractor by: (a) Designating a person with authority to act on the City's behalf on all matters concerning the Services being provided hereunder; (b) Furnish to the Contractor a copy of all available studies, reports, and other data pertinent to the Services and in the possession of the City; 3 (c) Arrange for access to public and private property by the Contractor as necessitated by the Services. ARTICLE 5 SUBCONTRACTS; ASSIGNMENT 5.1 Assignment and Subcontracting. Unless otherwise specifically required by this Agreement, the Contractor shall not assign, sublet, or transfer any rights or Services under or interest in (including, but without limitations, moneys that may become due) this Agreement without the written consent of the City, except to the extent that any assignment, sublet, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Further, the Contractor shall not subcontract any portion oi- all of the Services without the written consent of the City. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and the Contractor, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and the Contractor and not for the benefit of any other party. 5.2 The City reserves the right to perform any Services related to this Agreement. 5.3 Any costs caused by defective or ill-timed .Services shall be borne by the party responsible therefor. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 Governing Law; Venue. This Contract shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties agree that the Agreement was consummated in Seminole County, and the site of the Services is Seminole County. If any dispute concerning this Contract arises under Federal law, the venue will be Orlando, Florida. 6.2 Contractor's Representative. The Contractor shall designate an individual to act as a representative for the Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret the Contractor's decisions. This person shall be the Contractor's contract administrator. The Contractor may from time to time designate other individuals or delete individuals with the authority to act for the Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret the Contractor's decisions. All deletions or designation of individuals to serve as a representative shall be given by written notice. 4 6.3 Notices. All projects hereunder, all notices, demands, requests, instructions, approvals, and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: TO THE CITY: Ronald W. McLemore (City Official) City Manager (Title) City of Winter Springs 1126 East State Road 434 Winter Springs, Fl. 32708-2799 407-327-1800 (Phone) 407-327-4753 (Fax) TO THE CONTRACTOR: Details Inspection Firm, Inc. c/o Andrew R. Frame, Florida Certified and Licensed Inspector Post Office Box 195035 Winter Springs, Florida 32719-5102 407-327-5366 (Phone) 407-327-8826 (Fax) Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 6.4 Public Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Contractor related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Contractor. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Contractor is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon request by the City, the Contractor shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable 5 times during the normal working hours of the Contractor be open and freely exhibited to the Ciry for the purpose of examination and/or audit. 6.5 Reuse of Documents. All documents, including but not limited to, drawings, specifications, and data, or programs stored electronically or otherwise, prepared by the Contractor pursuant to this Agreement or related exclusively to the services described herein (if any) may be reused by the City for any reason or purpose at anytime. 6.6 Ownership of Documents. The City and the Contractor agree that upon payment of fees due to the Contractor by the City for a particular design, report, inventory list, compilation, drawing, specification, model, recommendation, schedule or otherwise, said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Contractor in the performance of this Agreement, or any Services hereunder (if any), shall be the sole property of the City, and the City is vested with all rights therein. The Contractor waives all rights of copyright in said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Contractor in the performance of this Agreement, and hereby assigns and conveys the same to the City whether in the possession or control of the Contractor or not. 6.7 Interpretation. Both the City and the Contractor have participated in the drafting of all parts of this Agreement. As a result, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 6.8 Amendment of Agreement. Modifications or changes in this Agreement must be in writing and executed by the parties bound to this Agreement. 6.9 Sevei•ability. If a word, sentence, or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this Contract, and this Contract shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, or paragraph did not exist. 6.10 Additional Assurances. The Contractor certifies that: (a) No principal (which includes officers, directors, or executive) or individual holding a professional license and performing Services under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily. excluded from participation in any architecture, landscape architecture, engineering, or surveying activity by 6 any landscape architecture, engineering, or surveying activity by any Federal, State, or local governmental corrunission, department, corporation, subdivision, or agency; (b) No principal (which includes officers, directors, or executive), individual holding a professional license and performing Services under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the City; and (c) No principal (which includes officers, directors, or executive), individual holding a professional license and performing Services under this Agreement, employee or agent has willfully offered an employee or officer of the City any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. 6.11 Attorney s Fees. Should any litigation arise concerning this Agreement between the parties hereto, the parties agree to bear their own costs and attorney's fees. 6.12 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 6.13 Sovereign Immunit~~. Nothing contained in .this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed regarding the City's potential liability under state or federal law. ARTICLE 7 TIME 7.1 Time of the Essence. The Contractor acknowledges and agrees that time is of the essence for the completion of the Services to be performed under this Agreement. ARTICLE 8 PROTECTION OI' PERSONS AND PROPERTY: INSURANCE 8.1 Worker's Compe~isation. Upon the effective date of this Agreement, Contractor shall provide proof of worker's compensation insurance in the minimum amount required by law. 8.2 Motor Vehicle. If a motor vehicle is required for Contractor to perform the Services hereunder, Contractor, upon the effective date of this Agreement, shall provide proof of 7 automobile insurance to cover claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance shall have minimum limits of coverage of $ 1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. 8.3 Professional Liabilit /Y Malpractice and General Liability. Upon the effective date of this Agreement, Contractor shall submit proof of professional liability/malpractice and general liability insurance to cover claims for professional liability/malpractice (if applicable) and general liability because of bodily injury or death of any person or property damage arising out of this Agreement or any Services provided hereunder. The insurance shall have minimum limits of coverage of $ 1,000,000 per occurrence. 8.4 This paragraph shall be applicable to Sections 8.1, 8.2 and 8.3. The insurance required by this Article shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained for the certificates (or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to the City and the Contractor by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to by the City to the contrary, the City shall be named on the foregoing insurance policies as "additional insured," except for professional liability/malpractice coverage. "Che Contractor shall cause its insurance carriers to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days' prior written notice to the City in compliance with other provisions of this Agreement. For all Services performed pursuant to this Agreement, the Contractor shall continuously maintain such insurance in the amounts, type, and quality as required by Sections 8.1, 8.2, and 8.3. In the event Contractor fails to maintain said insurance, City, at its option, may elect to terminate this Agreement by written notice to Contractor. 8.5 Indemnification and Hold Harmless. For all Services performed pursuant to this Agreement, the Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Contractor's performance of any Services provided pursuant to this Agreement. The indemnification provided above shall obligate the Contractor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought 8 against the City or its employees. officers, and attorneys which may result from the Services under this Agreement whether the Services be performed by the Contractor or anyone directly or indirectly employed by them. Iil all events the City shall be permitted to choose legal counsel of its sole choice, the tees for which shall be reasonable and subject to and included with this indemnification provided herein. This paragraph 8.5 shall survive termination of this Agreement. 8.6 Standard of Care. In performing its professional services hereunder, the Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances by reputable members of its profession practicing in the same or similar locality. ARTICLE 9 TERMINATION OF THE CONTRACT 9.1 Termination or Postponement of Agreement. The City or the Contractor may terminate or postpone this Agreement for convenience, at any time, without penalty, by providing written notice of termination to the parties. Upon termination or postponement of this Agreement, the City shall pay the Contractor. as full payment for all Services performed and all expenses incurred, sums due and owing to the Contractor for payment of all Services completed to the City's satisfaction through the termination or postponement date, along with reimbursable expenses (if any) as provided in this Agreement. Any payment due shall be subject to the Contractor supplying the City with detailed invoices as described in this Agreement. Upon notice of termination or postponement, the Contractor shall cease all Services being provided hereunder unless otherwise directed by City in writing. 9.2 Additional Provisions for Termination by Contractor . With at least five (5) days written notice to the City, Contractor may terminate this Agreement if the City fails to make any payment of compensation due Contractor under this Agreement. 9.3 Waive-•. Failure of the City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of the City's right to later claim a failure to perform on the part of the Contractor. ADDITIONAL TERMS: TERM OF AGREEMENT 10.1 Tertn. The term of this Agreement shall commence on August 1, 2001, and end at the discretion of the City, unless this Agreement is for a definite service to be performed by 9 Contractor, in which case this Agreement shall end at such time the Contractor has fully completed the Services required hereunder and the City has accepted the Services as completed. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: CITY OF WINTI+JR SPRINGS, FLORIDA Print Name: Ronald W. 1V1ci.;emore Title: City MaGnager Dated: D ~ a ~ " 0 f CONTRACTOR: By: Print Name: Andrew R rame Title: Principal, Details Inspection Firm, Inc. Dated: a Reviewed an roved as to Legal S cie cy. ~ ~ By: City Attorney 10 EXHIBIT "A" SCOPE OF SERVICES Contractor will perform commercial plumbing and residential inspections in the building, electrical, mechanical, and plumbing trades. Contractor shall report directly to Dennis Franklin, Building Official, City of Winter Springs, FL. Contractor shall provide above inspection services on Mondays, Wednesdays, and Fridays of each week from the hours of 8:30 A.M. to 12:30 P.M. excluding holidays, commencing August 1, 2001. Contractor shall provide and use his own vehicle in performing required inspections, such vehicle being covered against property damage, bodily injury, and general liability claims in accordance with ARTICLE 8, Section 8.2 of this agreement. 11 EXHIBIT "B" COMPENSATION AND PAYMENT TERMS Contractor shall be compensated at the rate of Sixty Dollars ($60) per hour for inspection services performed. No vehicle or other expenses shall be provided or reimbursed. Compensation shall be paid within thirty (30) days of receipt by the City of an invoice from Contractor. F:1Docs\City of Winter Springs\Agreetnents\General Independent Contractor Agreement 12 Q W C!~ C/~ W C1.~ O +D jdNO Opp do' 111 dl r~d1 Fps ~O n. ~v N` N< Y~FZ a~ ~ ~U zZ~~ 0~3~ ~ ~ ~~~ rr o V ~ Q<~O N aaii~°-~ .1- ~p oo~oog Y ~.ZO¢ZI~ ~ k~Jr.- ~~ s 3 ~W~mi i~ W ~~ d <doo~S rmzo~r mo<amo O w C/~ W U O ~C ~,. .~~ Aug-16-O1 02s53P Langston Insurance Servic 407-831-3063 P_Ol A(;ORD~, CERTIFICATEOFLIABILITYINSURANCE ©:~l~~ ~ooueee LANGSTON INSURANCE 500 E. HWY 436 STE.16 1r~1.scF~G-TE~s~sauEaAS~t~-1TntoFa~o~-noN ~r ~ ct~ns HO ~+~ U'°N TMe cerrnFicn~ oonrce ~s'rt~poc~suani. CASSELBERRY, FL 32747 ~~f ~~ ~~- w~ LS - E - Nova Casualty _ __ . ____ TAI A 7 & A D "'~"'~'~ - - INSPECTION FIRM INC - am,aE~c ~~_ P O BOX 195035 - - ~- WINTER SPRINGS FL, 32?19 ~: ............... 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E.L.DIlEASE~OUCriWR f t7T1iR 71DIOAACA City of Winter Springs l l26 E SR 434 Winter Springs FL, 32708 Atten: Charles Carrington - - •""~ Ed Langston o~ 110N a-~,~.~~we~u.aiov-w~n~wa ~rsM~aettM wTICEro~ItcMt+wcn tnr. rirwewoRia-~twNaRw~anraFrwr~uou~o~nwewsuisRm~o~rso~ J 07-07-1999 i~ ~-~ , Jeb Bush i Governor Mary 8. Hooks ' ~, t ~ ' Secret~y goo ae~' STATE OF FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY DIVISION OF WORKERS' COMPENSATION Compliance Unit 2562 Executive Circle East Suite 201, Montgomery Building Tallahassee, Florida 32399-0661 NAME BUSINESS A J & A DETAILS INSPECTION FIRM INC ADDRESS 724 MARYLAND AVENUE CITY ST CLOUD STATE FL ZIP 34769 THIS CERTIFIES THAT THE INDIVIDUAL BELOW PURSUANT TO FLORIDA WORKERS' COMPENSATION LAW, CHAPTERS 440.04 AND 440.05 F.S. HAS FILED THE FOLLOWING FORM(Sf. Certificate of Exemption of Coverage Under Workers' Compensation Law (HCM 207) NAME ANDREW TITLE PRESIDENT R FRAME EFFECTIVE DATE WITHDRAWAL DATE 05/30/1999 N/A PHONE (904) 488-2333 TDD 1-800-955-8771 -- VOICE 1-800-955-8770 ~/ ~' PERSONAL AUTO POLICY 48PR 254096 FRAME,ANDREW 622 BONITA RD WINTER SPRINGS FL 32708 - THIS IS YOUR PERSONAL AUTOMOBILE ENDORSEMENT. - REPORT ALL LOSSES IMMEDIATELY TO THE HARTFORD OR YOUR AGENT. Form CAF-1407-3 (Ed. 5/93) Printed in U.S.A. j~ECLARATION5 (CONTINUED) POLICY NO. 48 PR 254096 " - NAMED INSURED: FRAME,ANDREW 1 3 --------------------------------------------------------- TOTAL PREMIUM EACH AUTO $ 347.00 543.00 --------------------------------- RETURN PREMIUM $ 73.00 ------------------------------- LOSS PAYEE/ADDITIONAL INSURED AUTO FAIRWINDS CRD P3 3075 N ALAFAYA ORLANDO FL 32826 FORMS AND ENDORSEMENTS NOW MADE PART OF THIS POLICY: A-4506-0 DIVIDEND PROVISION ENDORSEMENT - FLORIDA A-5259-0 REPLACEMENT COST COVERAGE FOR NEW CARS A-5750-0 WAIVER OF COLLISION DEDUCTIBLE - FLORIDA A-5660-1 PERSONAL AUTO INSURANCE PROGRAM SPECIAL EXTENSIONS OF COVERAGE THE AUTOS DESCRIBED IN THIS POLICY ARE PRINCIPALLY GARAGED AT THE ADDRESS SHOWN ON PAGE 1 RATING INFORMATION: NON STACKED UM/UDM TAX CODE 9000 AUTO 3 SYMBOL L Because a vehicle is equipped with an air bag safety feature your policy premium has been reduced. You have insured more than one vehicle on your policy and have received a multi-car premium reduction. Please call us toll-free at 1-800-429-4545, if you have any questions, changes or complaints regarding your policy. Because a vehicle is equipped with Anti-Lock brakes, your policy premium has been reduced. If you're ever in an accident ... report it right away! Put the resources, reputation and resolve of The Hartford to work for you immediately! Call 1-800-243-5860. 11-16-00 11-16-00 11-16-00 F(1RM e-aRnn-n rF,~ i i4F~ v Hartford Personal Auto Insurance Program ,' Special Extensions of Coverage THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The provisions of this endorsement apply only to your covered auto listed in the Declarations. The provisions of this endorsement do not apply to a non-owned auto. All of the provisions of the policy apply, unless modified by this endorsement DEFINITIONS The following DEFINITION is added to this policy: Direct Repair Provider or DRP means a repair facility that has agreed to participate in the Hartford Personal Auto Insurance Program. PART D -COVERAGE FOR DAMAGE TO YOUR AUTO PART D is amended as follows: INSURING AGREEMENT Paragraph HF. is added and applies to your covered auto only if the loss is payable under the Collision coverage of this policy: HF. If you have all repairs authorize by us performed by a Direct Repair Provider (we will advise you as to the nearest participating facility), we will: 1. Reduce the applicable deductible by the lesser of S 100 or the Deductible amount that is shown in the Declarations; 2. Guarantee for as long as you own the repaired auto that the workmanship of the repairs met the auto repair standards of the Inter-Industry Conference on Auto Collision Repair (ICAR), at the time the repairs were made. This repair guarantee is exclusive of any wear, tear, deterioration, or mechanical breakdown; and 3. Make payments for such repairs directly to the DRP facility * * ~ If your policy is endorsed to include Replacement Cost Coverage For New Cars, the following changes apply only to your covered auto listed in the Declarations. The LIMIT OF LIABILITY section of the Replacement Cost Coverage For New Cars form is deleted and replaced with the following: LIMIT OF LIABILITY If, within one year of date of purchase of a new covered auto or 15,000 miles, whichever occurs first, the auto suffers a total loss under either Other Than Collision Coverage or Collision Coverage, the Limit of Liability section of Coverage D is deleted and replaced by the following: LIMIT OF LIABILITY Our limit of liability for loss will be the lesser of the: 1. Replacement cost of your stolen or damaged covered auto; or 2. Amount necessary to replace the covered auto. We reserve the right to replace the covered auto or to pay the loss in money. The EXCLUSIONS section of the Replacement Cost Coverage For New Cars form is deleted and replaced with the following: EXCLUSIONS There is no coverage under this endorsement for: 1. Any non-owned auto or temporary subsitute auto; 2. Any covered auto that was not new when purchased; or 3. The covered auto if more than one year has elapsed since the date of purchase on the bill of sale for the covered auto or if the covered auto has been driven more than 15,000 miles if it has been less than one year since the date of purchase. Nothing in this endorsement shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or declarations of the policy, other than as herein stated. Form A-5660-1 (Ed. 8/99) (NS) Includes copyrighted material of Insurance Services Office, ~~r ~eiith ate ~or,.aeoi~~ 1QOA ' - General Liability -~'' ~~~ Amended Declaration NOtiA -TMCOAAPANY CHANGE PAYROLL TO 20, 000 DIRECT BILL EFFECTIVE 08/27/00 09GL034603 08/27/00 08/27/0 12:01 AM STANDARD TIME NFL04019 A J & A DETAILS INSOECTION FIRM INC P.O. BOX 195035 WINTER SPRING FL 32719 LANGSTON INS SERVICES OF CASSELBERRY INC 500 E HWY 436 # 16 CASSELBERRY FL 32707 THE NAMED INSURED IS Corporation --------------------------------------------------- COVERAGES THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS/POLICIES FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. COVERAGE PART/POLICY ATTACHED PREMIUM ----------------------------- COMMERCIAL GENERAL LIABILITY COVERAGE ........................ $350.00 TOTAL ADVANCE PREMIUM ........................................ $350.00 ------------------------------------------------- THE CHANGE IN THIS POLICY HAS RESULTED IN A RETURN PREMIUM OF .......... $127.00 .......... THE RETURN PREMIUM SHOWN ABOVE WILL BE REMITTED ONLY IF PREMIUM WAS PAID IN FUL ---------------------------------------------------- COMMON FORMS THAT APPLY TO ALL COVERAGE PARTS --------------------------------------------- ENDORSEMENT NO EDITION DATE DESCRIPTION CG0001 07-98 General Liability Cov. CG0057 09-99 - -Amendment-Ins.Agreement CG0220 03-98 Florida Changes CG0300 01-96 Deductible Liability Ins. CG2147 07-98 Employment Practices Excl CG2149 09-99 Total Pollution Exclusion CG2160 04-98 Excl.-Yr.2000 Problems IL0017 11-98 Common Policy Conditions IL0021 04-98 Nuclear Energy Exclusion NAL0014 11-99 Fraud Tip Line Notice NGL0009 06-99 Lead Liability Exclusion NGL0010 06-99 Asbestos Hazard Exclusion ------------------------------------------------------------- IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THE COVERAGE PARTS/POLICIES ATTACHED, WE AGREE WITH YOU TO PROVIDE THE INSURANCE DESCRIBED THEREIN. NNFFnn G~ COUNTERS(jV~UKED BY ------ ----------------'-----_---------- DATE 01/17/01 AUTHORIZED REPRESENTATIVE MC ~ NCC (819 =~ =VA NOVA CASUALTY COMPANY DIRECT BILL General Liability Amended Declaration EFFECTIVE 08/27/00 09GL034603 08/27/00 08/27/0 12:01 AM STANDARD TIME NFL04019 A J•& A DETAILS LANGSTON INS SERVICES~OF INSOECTION FIRM INC CASSELBERRY INC P.O. BOX 195035 500 E HWY 436 # 16 WINTER SPRING FL 32719 CASSELBERRY FL 32707 LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS-COMPLETED OPERATIONS) $1,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT. $1,000,000 PERSONAL & ADVERTISING INJURY LIMIT .$1,000,000 EACH OCCURRENCE LIMIT. $1,000,000 FIRE DAMAGE LIMIT (ANY ONE FIRE) $100,000 MEDICAL EXPENSE LIMIT (ANY ONE PERSON) $5,000 LOCATION ADDRESS (ES) --------------------- LOCATION O1 724 MARYLAND AVE SAINT CLOUD FL 34769-0000 COVERAGES ITEM LOC TERR CLASS PREMIUM BASIS EXPOSURE. PD DEDUCTIBLE 1 001 6 96317 Payroll 20000 $250 PER CLM DESCRIPTION: Premise/Operations Liability Inspection and Appraisal Companies - Inspec- CHANGE PAYROLL TO $20,000. LIABILITY PREMIUM $350.00 ------------------------------------------------------------------ TOTAL ADVANCE PREMIUM .................................... $350.00 INSURED NCC (8/97)