HomeMy WebLinkAboutbocc.con.284.2008 CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING
CONTRACT 284-2008
ORIGINATING DEPARTMENT/DIVISION: Land Management
CONTACT PERSON: Crystal Yates-White PHONE 5214
PROJECT NAME: Redstone Coke Ovens Graphic Design
? BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE '
(Requires BOCC Signature) (per Revised Procurement Code 7/2005)
? Over $50,000 (Requires County Manager's Signature)
? CHECK PROCUREMENT TYPE:
?None ?Infortnal ®Formal ?Sole Source ?Emergency ?State Bid ?
?Compliance with House Bills 06-1343 and 07-1073 -Immigration Form (Under $10,000, Letters of Engagement, etc
DOLLAR AMOUNT: 15,330 BUDGET LINE ITEM/LEDGER NUMBER: 001.75.95204.82000
? CHECK CONTRACT TYPE:
®Services/Maintenance ?Employment (for county employees)
?License/Use ?Intergovernmental Agreement (Requires BOCC Action)
?Lease ?Non-Profit
?Constrnction ?Quasi-Public
?Goods, Equipment, Supplies ?Grant Agreements (Requires BOCC Action)
?Other (e.g. revenue) ?Change Order/Contract Amendment
CONTRACTOR: Esse Design COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor)
Contract Execution Date:2/16/2009 Contract End Date: 12/16/2009
Automatic Renewal: ?Yes ®No Term of Contract: 10 months
All Contracts should be roofed f r h
p o t e following:
? ®No Pages Missing
? ®If a Page is Left Intentionally Blank -Note on Page
? ®Page numbered consecutively
? ®All Signatures Affixed
? ®All Dates Filled In
? ®All Other Blanks Filled In
? ®All Exhibits Attached
? ®HB 06-1343 and 07-1093 (Immigration Legislation) Included in RFP and/or Contract
? ?All Legal Descriptions Attached (if applicable)
? ®Notice of Award/Notice to Proceed Attached (if applicable)
? ? Wan•anty (if applicable)
? ?Special Instructions for Finance Department:
? ®Sent to Clerk and Recorder for Scamting/Archiving
? ®Authorized Staff Person's Name: Crystal Yates-White
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.
REDSTONE COKE OVENS LANDSCAPE & GRAPHIC DESIGN PROJECT PROJECT' r z8q-zoo8
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CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Esse Design (PO Box 1790, Basalt, CO 81621) (hereinafter
"Contractor").
1. Term. The term of this contract is from February 16, 2009 to December 16, 2009.
2. Contractor's Obli atg ions. Contractor shall provide Landscape and Graphic Design Services
for the property surrounding the Redstone Coke Ovens along State Hwy 133 per Scope of work
listed below along with Exhibit A, vendor proposal dated December 1, 2008.
Graphic Designer
• Develop designs for structural and graphic components of sign structures; Signs
will have two roles:
o Educate Visitors on the Local, State, and National Historic significance of
the Coke Ovens
o praw Visitors into the unique Village of Redstone
• Work jointly with County Staff, Contractors, and Community Representatives,
including the Landscape Designer, Redstone Community Association and
Redstone Historical Society, in:
o Onsite Meetings
o Community Meeting(s)
not to exceed three (3) round trips from Basalt to Redstone.
• Complete the Following:
o Compile information for Signage
o Develop Schematic Layout
o Select Materials
o Engineer Signage Structures
o Develop Final Drawings and Graphics
o Estimate Costs
o Bum deliverables to disc, county to reproduce.
o Oversee Signage Production
3. Compensation and Expenses. Invoicing. Payment and Offset. The County shall compensate
Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph
2. It is expressly understood and agreed that in no event will the total compensation and
reimbursement to be paid hereunder exceed a lump sum of $10,000 for Contractor's fees, plus a
reimbursable top-set of $102 for Printing and three (3) round trips from Basalt to Redstone. By
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Pitkin County Land Management, 76 Service Center Road, Aspen, CO 81611
970-920-5214, 970-920-5374 Fax or email: crystal.yates@co.pitkin.co.us
REDSTONE COKE OVENS LANDSCAPE & GRAPHIC DESIGN PROJECT PROJECT # 284-2008
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contract or amendment, the County and Contractor may reallocate the budget among project tasks if
the total budget amount remains unchanged. Contractor shall invoice for the project monthly based
on hours worked, with payment expected within thirty (30) days of invoice, but any payment by the
County may be offset by any amount the Contractor owes the County for any reason.
4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and
other documents prepazed by Contractor in connection with this contract shall be the property of the
County. Contractor shall not convey inside information that has not become part of the body of
public information and that would not be available upon request, directly to any person for the
purpose of private gain for himself/herself or another person, particularly one with whom he she/has
family, business, or financial ties. Contractor assigns to County the copyrights to all work prepared,
developed, or created pursuant to this contract, including the right to: 1) reproduce the work; 2)
prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to
display the work publicly. Contractor shall not, either for or without compensation, engage in
teaching, lecturing, or writing that is dependent on information obtained as a result of his/her
employment with the grantee, except when that information has been made available to the general
public or will be made available upon request, or when the State Historic Preservation Officer gives
written authorization for the use ofnon-public information on the basis that the use is in the public
interest.
5. Pitkin County's Obli atg ions. Pitkin County shall administer this contract through a County
Representative. Crystal Yates White, Land Manager will manage the project as the County's
Representative. In the event that Crystal is not available, Jodi Smith, Facilifies Manager shall
assume the County Representative's duties. The services provided and products delivered by the
Contractor under this contract will be subject to review by the County's Representatives, or a ,
designee, for compliance with Contractor's obligations prior to final payment.
6. Termination Prior to Expiration of Contract Term. The County has the right to terminate
this contract, with or without cause, by giving written notice to the Contractor of such termination
and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the
effective date of such termination. In such event all finished or unfinished documents, data, studies
and reports prepazed by the Contractor pursuant to this contract shall become the County's property.
Contractor shall be entitled to receive compensation in accordance with the contract for any
satisfactory work completed pursuant to the terms of this contract prior to the date of termination.
Not withstanding the above, Contractor shall not be relieved of liability to the County for damages
sustained by the County by virtue of any breach of the contract by the Contractor.
7. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them contemplated by
the contract is that of independent Contractor. Contractor, and any agent, employee, or servant of
Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under this
contract. Contractor may choose to work for other individuals or entities during the term of this
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Pitkin County Land Management, 76 Service Center Road, Aspen, CO 81611
970-920-5214, 970-920-5374 Fax or email: crystal.yates@co.pitkin.co.us
REDSTONE COKE OVENS LANDSCAPE & GRAPHIC DESIGN PRGJECT PROJECT x z8q-zoo8
Ledger #
C. Contractor warrants that all work produced will conform to all applicable industry
standards of caze, skill and diligence in the performance of Contractor's obligations under this
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin
County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
F. Contractor shall not use his/her position for the actual or appazent purpose of private
gain other than payment for the services rendered for himself/herself or another person, pazticulazly
one with home he/she has family, business, or financial ties.
8 Assignability. This contract is not assignable by either party. Any use of subcontractors by
the Contractor for performance of this contract must be accepted in writing by the County.
9. BindinRArbitration. Any disputes arising out of this contract shall be subject to binding
azbitration. The parties agree that any disputes concerning the terms and conditions of this contract
shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the
rules of the American Arbitration Association and shall be presided over by the Pitkin County
Hearing Officer appointed to azbitrate Pitkin County contract disputes. Costs of the arbitration shall
be awazded to the substantially prevailing party.
10. Severabilitv. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto
11. InteRrafion and Modification.
A. This contract represents the entire and integrated contract between the County and the
Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This
contract may be amended only by written contract signed by both the County and the Contractor.
B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or decrease in the
amount of the Contractor's compensation, which are mutually agreed upon between the County and
the Contractor, shall be in writing and upon execution shall become part of this contract.
12. Indemniri.
The Contractor (including, by definition here and hereinafter, its officials, employees, agents and
representatives, subcontractors and suppliers), shall and hereby does release, dischazge, indemnify and
hold hazmless the County of Pitkin and its officials, employees, agents and representatives from and
against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including
costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or
compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property
damage arising out of or in connection with any negligent act, intentional act, error or omission by the
Contractor, and for any consequential liability alleged to accrue against the County on account of the
Contractor's acts, errors or omissions; provided, however, that such indemnity shall not be construed as
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Pitldn County Land Management, 76 Service Center Road, Aspen, CO 8t6tI
970-920-5214, 970-920-5374 Fax or email: crystal.yates@co.pitkin.co.us
REDSTONE COKE OVENS LANDSCAPE & GRAPHIC DESIGN PROJECT PROJECT # zS4-2008
Ledger #
an indemnity for bodily injury or property damage arising from the sole negligence of the County or its
employees.
The Contractor further shall investigate process, respond to, adjust, provide defense for and defend, pay
or settle all claims, demands, or lawsuits related hereto at its sole expense and shall beaz all other costs
and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent.
13. Insurazice.
A. In whole or in part, the Contractor shall secure and maintain for the term of its
contractual relationship with the County such insurance policies, from companies licensed in the
State of Colorado, as will protect itself, the County and others as specified, from claims for bodily
injuries, death, personal injury or property damage, which may arise out of or result from the
Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits
indicated and including such endorsements as aze indicated by an "X", are required:
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability- ISO 1998 Form or equivalent
(YVith County named additional insured)
Each Occurrence Limit $300,000.00
General Aggregate Limit $600.000.00
Products/Completed Operations Aggregate Limit $600,000.00
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Comprehensive Form (All risks) to include:
X Premises/Operations
~ Underground, Explosion & Collapse Hazazd
X Products/Completed Operations
X Contractual Liability
j X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
3. Business Auto Coverage:
Bodily Injury Liability $250,000/$500,000
Property Damage Liability $250,000
4. Special Coverages (check as appropriate and insert amount):
(1) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
_ (3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk
(6) Boiler and Machinery
(7) Loss of Use Insurance
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Pitkin County Land Management, 76 Service Center Road, Aspen, CO 81611
970-920-5214 970-920-5374 Fax or email: crystal.yates@co.pitldn.co.us
• REDSTONE COKE OVENS LANDSCAPE & GRAPHIC DESIGN PROJECT PROJECT # 28q-zoo8
Ledger #
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
1. To provide evidence of the required insurance coverage, copies of Certificates
of Insurance in a form acceptable to the County shall be filed with the County through the
representative identified in Paragraph 5, no later than ten (10) calendar days prior to com-
mencement of operations affecting the County. Failure to file or maintain acceptable
Certificates of Insurance with the County is agreed to be a material breach of any contract.
These Certificates of Insurance shall contain a provision that coverage afforded under the
policies will not be canceled or materially altered unless at least thirty (30) calendar days
prior written notice by certified mail, return receipt requested (effective upon proper
mailing), has been sent to the County (through the County's Risk Department). (For
purposes of this provision, "materially altered" shall mean a change affecting the coverage's
required herein, including a change to policy limits as set out in the then-current policy
declazations page).
Simultaneously with the Certificates of Insurance, the Contractor shall file with the
County's Risk Department (and promptly update, as necessary) a certified statement as to
claims pendmg against the required coverages, reserves established on account of such claims,
defense costs expended and amounts remaining on policy limits.
2. In addition, these Certificates of Insurance shall contain the following clauses:
a. The clause "other insurance provisions," in a policy in which the County
of Pitkin holds a Certificate, shall not apply to the County of Pitkin.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any premiums or for
assessments under any form of policy.
c. Any and all deductibles in the above-described insurance policies shall
be assumed by and be for the amount of, and at the sole expense of the Contractor.
d. Location of operations shall be: "all operators and locations at which
work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (15) days prior to a policy's expiration date except for
any policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy and
any policy endorsement at any fime during the term of this contract.
14. Exemptions and Preferences. All purchases of construction or building or any other materials
for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-SK.
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Pitkin County Land Management, 76 Service Center Road, Aspen, CO 81611
970-920-5214, 970-920-5374 Fax or email: crystal.yates@co.pitkin.co.us
REDSTONE COKE OVENS LANDSCAPE & GRAPHIC DESIGN PROJECT PROJECT # z8q-zoo8 -
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15. Records. The Contractor shall maintain comprehensive, complete and accurate books,
records, and documents concerning its performance relating to this contract for a period of three (3)
yeazs after final payment under the contract is made and all other pending matters aze closed, and the
County, the Department of the Interior, the Comptroller General of the United States, or any of their
duly authorized representatives, shall have the right within the three (3) year period to inspect and
audit these books, records and documents, upon demand, in a reasonable manner and at reasonable
times, for the purpose of determining, by accepted accounting and auditing standazds, compliance
with all provisions of the contract and applicable law, and of making examination, excerpts, and
transcription.
16. Contract Made in Colorado. The parties agree that this contract was made in accordance with
the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the
courts of Pitkin County, Colorado.
17. Attorney's Fees. IrI the event that legal action is necessary to enforce any of the provisions of
this contract beyond the azbitration described in Pazagraph 9, the substantially prevailing parry shall be
entitled to its costs and reasonable attorney's fees.
18. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on
and does not waive, by any provision of this contract, the monetary limitations or terms (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, 24-10-101, et. Seq., C.R.S., as
from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or
employees. Further, nothing in this contract shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the County or its agent or
employees.
19. Current Year Obligations. The parties acknowledge and agree that any payments provided
for hereunder or requirements for future appropriations shall constitute only currently budgeted
expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin
County's annual right to budget and appropriate the sums necessary to provide the services set forth
j herein. No provisions of the contract shall constitute a mandatory chazge or requirement in any
ensuing fiscal year beyond the then current fiscal yeaz of Pitkin County. No provision of the
contract shall be construed or interpreted as creating amultiple-fiscal yeaz direct or indirect debt or
j other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt
limitation. This contract shall not directly or indirectly obligate Pitkin County to make any
payments beyond those appropriated for Pitkin County's then current fiscal yeaz. No provisions of
this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's
moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds
or any obligations payable from any class or source of Pitkin County's money.
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20. Notice. Any written notice required by this contract shall be deemed delivered through any
of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with
k, $
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Pitkin County Land Management, 76 Service Center Road, Aspen, CO Sr6tt
970-92o-5214, 970-920-5374 Fax or email: crystal.yates@co.pitkin.co.us
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- 'REDSTONE COKE OVENS LANDSCAPE & GRAPHIC DESIGN PROJECT PROJECT # z84-2008
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confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified
first class mail, postage prepaid, return receipt requested addressed as follows:
A. To Pitkin County with conies to:
Crystal Yates White Pitkin County Attorney's Office
76 Service Center Road 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax: (970)920-5374 Fax: (970)920-5198
B. To Contractor:
Esse Design
PO Box 1790
Basalt, CO 81621
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21. XXI. Compliance with House Bill 06-1343 and House Bi1107 1073
A. In compliance with House Bi1106-1343 and House Bi1107-1073 amending Title 8 of
the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for
Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not:
1. Knowingly employ or contract with an illegal alien to perform work under this
contract or;
2. Enter into a contract with a subcontractor that fails to certify to the Contractor
that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this contract.
B. In compliance with House Bi1106-1343 and House Bi1107-1073 enacted by the General
Assembly of the State of Colorado:
1. The Contractor has confirmed or attempted to confirm the employment
eligibility of all employees who aze newly hired for employment in the United States through
participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, or its
successor and expanded in Public Law 156, 1080' Congress, or its successor, that is
administered by the United States Department of Homeland Security] and, if the Contractor
is not accepted into the Basic Pilot Program prior to entering into this contract, the Contractor
shall apply to participate in the Basic Pilot Program every three months until the Contractor
is accepted or this contract has been completed, whichever is eazlier. This provision shall not
be required or effective if the Basic Pilot Program is discontinued.
2. The Contractor shall be prohibited from using Basic Pilot Progam procedures
to undertake pre-employment screening of job applicants while this contract is being
performed.
3. If the Contractor obtains actual knowledge that a subcontractor performing j
work under this contract knowingly employs or contracts with an illegal alien, the Contractor
shall be required to:
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Pitldn County Land Management, 76 Service Center Road, Aspen, CO 81611
970-920-5214, 970-920-5374 Fax or email: crystal.yates@co.pitkin.co.us
REDSTONE COKE OVENS LANDSCAPE & GRAPHIC DESIGN PROJECT PROJECT # 284-2008 -
Ledger #
a. Notify the subcontractor and the County within three days that the
Contractor has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
b. Terminate the subcontract with the subcontractor if within three days
of receiving the notice required pursuant to subparagraph (a) of this paragraph (3) the
~ subcontractor does not stop employing or contracting with the illegal aliens; except
that the Contractor shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
4. The Contractor shall comply with any reasonable request by the Deparhnent
of Labor and Employment made in the course of an investigation that the Department of Labor
and Employment is undertaking pursuant to the authority established in Subsection (5) of
C.R.S. § 8-17.5-102.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
CONTRACTOR:
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NOTICE OF AWARD
Project/Purchase Contract # 284-2008
Date: February 9, 2009
To: Julie Findley
The Owner, having duly considered the Proposal submitted on 12/08/2008, for the work
covered by the Contract Document titled Redstone Coke Ovens Landscape and Granhic
Design Proiect in the amount of $10.000, and it appearing that the Price and other
information in your Proposal Form is fair, equitable and to the best interest of the Owner,
the offer in your Proposal Form is hereby accepted.
In accordance with the terms of the Contract Documents, you aze required to execute the
Agreement in one original of contract within ten (10) consecutive days from and
including the date of this Notice of Award.
In addition you aze required to furnish in the said fime Certificates of Insurance
evidencing compliance with the requirement for insurance as stated in the Contract
Documents to Crystal Yates-White, Pitkin County Land Manager, 76 Service Center
Road, Aspen, CO 81611; Fax: 970-920-5374.
PTTKIN COUNTY ~
By: ~ '(N~
Cry tal Y es-White, Pitkin County Land Manager
____=====ACCEPTANCE OF NOTICE====_____
Receipt of the above Notice of Award is hereby acknowledged
B this 1b~day of~(~~, 2008.
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Pending issuance ~ d delivery of a policy pursuant to the application of the
insured and to al the terma and conditions of the policy issued by the company
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State Farm Mutual) utomtobile Insurance Company
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Does hereby ina re: JULIA FINDLEY
357 ALLI30N LN
BASALT, CO 81621-8101
Policy r: C03 6333-808-06i
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Year Make Vehicle Identification Number )VIN)
2006 ADDI A STA yiAG ~PAQKD78P96A197505
Coverages
Liability Comeprehensive Collision Ded
250/500/250 $250 $500
Effective Februar 23, 2009, expiring not to exceed thirty (30) days hence
and to becomes voi immediately upon the issuance of a policy in place hereof.
ANY PERSON iPRO I(N INGLY AND 9fITH INTENT TO DEFRAQD ANY ZN5QRANCS COMPANY
OR OTRER PERSOlI F LE3 AN APPLICATION FOR ZNSQRANCE OA STATEMENT OF CLAIM
' CONTAINING ANY ERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF
MISLEADING, INFO TION CONCERNING ANY FACT MATERIAL THERETO COM!lZT3 A
E'RAQDULENT INS CE ACT, WftICB IS A CRIME AND SQBJECTS SUCH PERSON TO
CRIMINAL AND C PENALTIES.
• Date - ^ ~ .
ut c ze presentative
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