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Professional Services Agreement with NOVA Engineering and Environmental, LLCaob qj a~asy ,z//~ PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND NOVA ENGINEERING AND ENVIRONMENTAL, LLC FOR BUILDING INSPECTION, PLANS REVIEW SERVICES IN VARIOUS DISCIPLINES, AND PERMIT CLERKS, ON AN "AS-NEEDED" AND "ON-GOING" BASIS, FOR THE CITY'S BUILDING DEPARTMENT, PURSUANT TO REQUEST FOR PROPOSALS NO. 47-08/09 This Professional Services Agreement ("Agreement") is entered into this ~~~ day of '~ BL'-L 2010, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and NOVA ENGINEERING AND ENVIRONMENTAL, LLC a Florida corporation, whose address is 13800 N.W. 14`h Street, Suite # 130, Sunrise, Florida, 33323 (Consultant). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The Chief Administrative Officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for Proposals No. 47-08/09 for BUILDING INSPECTION, PLANS REVIEW SERVICES IN VARIOUS DISCIPLINES, AND PERMIT CLERKS TO PROVIDE PROFESSIONAL SERVICES ON AN "AS-NEEDED BASIS" AND ON AN "ON-GOING BASIS" FOR THE BUILDING DEPARTMENT, together with all amendments thereto, issued by the City in contemplation of this Agreement (the RFP), and the Consultant's proposal in response thereto (Proposal), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFP; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139: telephone number (305) 673-7000, Ext. 6435: and fax number (305) 673-7023. SECTION 2 SCOPE OF SERVICES (SERVICES) Consultant's Services pertain to the following areas of specialization and involve the subsequent tasks, powers, and duties: A) AREAS OF SPECIALIZATION /BUILDING TRADES: • Building Inspector with State of Florida Certification & meeting the minimum requirements for Miami-Dade County Board of Rules and Appeals (BORA) Certification; • Building Plans Examiner with State of Florida Certification & meeting the minimum requirements for BORA Certification; • Electrical Inspector with State of Florida Certification & meeting the minimum requirements for BORA Certification; • Electrical Plans Examiner with State of Florida Certification & meeting the minimum requirements for BORA Certification; • Mechanical Inspector with State of Florida Certification & meeting the minimum requirements for BORA Certification; • Mechanical Plans Examiner with State of Florida Certification & meeting the minimum requirements for BORA Certification; • Plumbing Inspector with State of Florida Certification & meeting the minimum requirements for BORA Certification; • Plumbing Plans Examiner with State of Florida Certification & meeting the minimum requirements for BORA Certification; • Elevator Inspector with State of Florida/Department of Business & Professional Regulations, Certified Elevator Inspector (CEI) certification holding a valid Qualified Elevator Inspector (QEI) national license. • Elevator Plans Examiner must be an elevator Inspector with State of Florida/Department of Business and Professional Regulations, CEI, holding a valid, Qualified Elevator Inspector Supervisor (QEIS) national license. • Roofing Inspector with State of Florida Certification & meeting the minimum requirements for BORA Certification; • Structural Plans Examiner with State of Florida Registration for Professional Engineer (PE) in the structural discipline and meeting the minimum requirements for BORA Certification; • Permit Clerks: with a minimum of two (2) years as a Permit Clerk in another jurisdiction in the State of Florida (or other experience, as deemed appropriate and subject to prior approval by the City's Building Director), and having at least a High School Diploma. 2 B) TASKS: • Conduct technical field inspections of buildings, equipments and installations during various phases of plumbing, construction, installation and operation, and grant inspection approvals, if found in compliance with applicable codes and regulations, and provide written comments, if found not in compliance with applicable codes and regulations. • Review plumbing, electrical or mechanical installation plans, specifications and materials listed for residential and commercial projects, and grant approvals, if found in compliance with applicable codes and regulations, and provide written comments, if found not in compliance with applicable codes and regulations. • Evaluate alternate methods, procedures, materials and products for compliance with the Florida Building Code depending on the date of the application or construction. • Approve or disapprove proposed plans in compliance applicable codes and regulations and discuss disapproved items with architects, engineers, contractors and/or owner/developers/contractors to obtain plan changes necessary for approval. • Render information and interpretation concerning applicable codes and regulations. • Make decisions as to the feasibility of deviations from applicable codes and regulations under various conditions. • Perform such other related work as required by the City's Building Director. C) CERTIFICATION AND OTHER REQUIREMENTS Any individual performing plans review or inspection pursuant to this Agreement shall meet the requirements of Chapter 8, of the Code of the Miami Dade County, as same may be amended from time to time. The professional license and certifications required herein must be current and in good standing (with no pending complaints) with the Florida Department of Business and Professional Regulation and Miami-Dade County. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 3 SECTION 3 TERM The term of this Agreement shall commence upon execution of this Agreement by all parties hereto, and shall have an initial term of two (2) years, with two (2) one-year renewal options: each to be exercised at the City Manager's sole option and discretion, by providing written notice of same to Consultant no less than thirty (30) days prior to the expiration of the initial term (or the first renewal term, as the case may be). SECTION 4 FEE 4.1 COST OF SERVICES Consultant agrees to the following hourly fees per discipline: Building Inspector $ 65.00 Building Plans Examiner $ 70.00 Electricallnspector $ 65.00 Electrical Plans Examiner $ 70.00 Mechanicallnspector $ 65.00 Mechanical Plans Examiner $ 70.00 Plumbing Inspector $ 65.00 Plumbing Plans Examiner $ 70.00 Elevatorlnspector $ 70.00 Elevator Plans Examiner $ 85.00 Roofing Inspector $ 70.00 Structural Plans Examiner $ 85.00 Permit Clerk $ 35.00 4 4.2 INVOICING Upon receipt of an acceptable and approved invoice by the City's Building Director, payments shall be made within thirty (30) days for Services satisfactorily rendered. Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be mailed to: City of Miami Beach Building Department 1700 Convention Center Drive, 2nd Floor Miami Beach, Florida 33139 Attn: Alex Rey, Building Director SECTION 5 TERMINATION. SUSPENSION AND SANCTIONS 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF THE WRITTEN TERMINATION NOTICE. IF THE AGREEMENT IS TERMINATED BY THE CITY, AS PROVIDED IN THIS SUBSECTION, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED (AS DETERMINED BY THE CITY'S BUILDING DIRECTOR IN HIS DISCRETION) UP TO THE DATE OF TERMINATION. 5 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. 5.4 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to, withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Services. In the event the City terminates the Agreement pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees agents, and contractors, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. This indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the Term the following insurance: 1. Consultant General Liability, in the amount of $1,000,000. 2. Consultant Professional Liability, in the amount of $200,000. 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. Original certificates of insurance 6 must be submitted to the City's Risk Manager for approval prior to any work and/or services commencing. These certificates will be kept on file in the Office of the Risk Manager. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for its sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. SECTION 7 LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. Consultant shall specifically bind its officers, employees, agents, and contractors to the provisions of this Section. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $5,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $5,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $5,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. 7 SECTION 9 ATTORNEY'S FEES In the event that any party to this Agreement should seek legal or administrative recourse to enforce the terms of this Agreement, the breaching party shall be obligated to pay the prevailing party the reasonable attorney's fees and costs incurred by the prevailing party. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM - 5PM, Monday through Fridays, excluding nationally recognized [legal] holidays), and as often as the City Manger may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City (and/or such representatives as the City Manager may deem to act on the City's behalf) to audit, examine, and/ or inspect, all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business (at the address set forth in the "Notices" section of this Agreement). 10.2 ACCESS TO RECORDS [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT. TRANSFER OR SUBCONSULTING Consultant shall not sub-consult, assign, or transfer any work under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term nor provision hereof or right hereunder, shall be assignable unless as approved pursuant to this section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, sexual orientation, gender identity, or physical handicap. 10.6 CONFLICT OF INTEREST The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami- Dade County Code, and as may be amended from time to time; and by the City of Miami 8 Beach Charter and Code (as some may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, which could conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: NOVA ENGINEERING AND ENVIRONMENTAL, LLC 13800 NW 14TH Street Suite # 130 Sunrise, Florida 33323 Attn: Bryan J. Morrison, P.E. 954-424-2520 954-424-25800 Cell: 407-427-6514 bmorrisonla~usanova.com TO CITY: City of Miami Beach Building Department- 2"d Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Alex Rey, Building Director (305)673-7610 Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. 9 SECTION 12 ENTIRE AGREEMENT. AMENDEMENT. SEVERABILITY 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: i By. G~.1 - City Clerk FOR CONSULTANT: ATTEST: CITY OF MIAMI BEACH, FLORIDA or NOVA ENGINEERING AND ENVIROMENTAL, LLC By: Secretary," Print Name ,, Pre i C lr P,~s~~~.~ Print Name /Title F:\PURC\$ALL\Maria\RFP'S\OS-09\RFP-47-08-09 Professional Building Inspection and Plan Review Se:~iceslContracts\NOVA - Contract.DOC APPROVED AS TO FORM & LANGUAGE t~ FOR EXECUTION ~_ r ,~ 3 ~ ~'fi City Attorn y(`~'\( ~, Date ~` `~' 1 11 ACORD° CERTIFICATE OF LIABILITY INSURANCE ~~ DATE (MM/ODlYVYY) 2/22/2010 PRODUCER (770) 552-4225 FAX: ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ames and Gough ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 450 Northridge Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 102 Atlanta GA 30350 ; INSURERS AFFORDING COVERAGE NAIC # INSURED '~ INSURERA:Atlant]-C Specialty InSllranC@ NOVA Engineering and Environmental LLC INSURERB:Granite State Insurance 13800 NW 14th St., Ste. 130 INSURERC:Lexington Insurance Company INSURER D: Sunrise FL 33323 INSURER E: :OVFRAr~FS 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 OPSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' IN U NC POLICY NUMBER POLICY EFFECTIVE DAT MM/DDIYYW POLICY EXPIRATION D I DIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 X COMMERCIAL GENERAL LIABILITY '~, PREMISES Ea occurrence $ 1 000 000 A CLAIMS MADE OCCUR 18010076 j 9/29/2009 9/29/2010 MEDEXP(Anyoneperson) $ 10 000 PERSONAL BADV INJURY $ 1 000 000 I GENERAL AGGREGATE $ 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: I ~ PRODUCTS-COMPoOP AGG $ 2 000 000 POLICY X PRO- X LOC ~ AUT i OMOBILE LIA81LItt COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 A ALL OWNED AUTOS 18010076 9/29/2009 9/29/2010 BODILY INJURY SCHEDULED AUTOS ~ i (Per person) $ HIRED AUTOS I - BODILY INJURY NON-OWNED AUTOS ~/~t (Per accitlenq $ ~~ `~ /J '~ PROPERTY DAMAGE ., Wt' P dd $ i ( er ac ent) GA RAGE LIABILITY '~, AUTO ONLY - EA ACCIDENT $ ANY AUTO ~ OTHER THAN EA ACC $ I AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILItt ! EACH OCCURRENCE $ 6 000 000 X OCCUR ~ CLAIMS MADE AGGREGATE $ 6 000 000 I A I DEDUCTIBLE 718010076 ~ 9/29/2009 9/29/2010 $ X RETENTION $ 10,000 I $ B WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY X WC STATU- OTH- ~ Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ^ ~ E.L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) C5318498 19/29/2009 9/29/2010 E.L. DISEASE-EA EMPLOYE $ 1 000 000 If yes, tlescrlDe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 C DTMERProfessional 014273577 19/29/2009 9/29/2010 Per claim $1,000,000 Liability aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Ae: RFP $47-08/09 -Building Inspection Plana Review Services in Various Disciplines S Permt Clerks to Provide Professional Services on an ass-needed basis" 5 on an "on-going basis" for the Building Department. The City of Miami Beach is named ae an Additional Insured on the above referenced liability policies with the exception of workers compensation 6 professional liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEE%PIRATION Clty of Miami Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Procurement D1V1310n NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1700 Convention Center Dr. Miami Beach, FL 33139 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE / © ~~' ~ Joshua Howell/NOYOLA ACORD 25 (2009107 ) INS025 (zoosoi) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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). tf 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 This Certificate of Insurance 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) INS025 i2oo9o~ I