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Backup Documents 07/09/2013 Item #16E 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE V :. 1` � R •^ q d ' lE (F . $'h'na� ;e � � E 3 t • M„ ..-,'�.xP .,. „C.,., � .. ,,....X�.r _ .SNfW n.. _ n....... Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk 2. County Attorney Office County Attorney Office SP�K 3. BCC Office Board of County o . \!N ( r Commissioners /(.57 4. Minutes and Records Clerk of Court's Office �(? q r f t 5. Return to Purchasing Department Purchasing I Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Adam Northrup, Phone Number 252-8375 Purchasing Staff July.;2013 Contact and Date IC Agenda Date Item was July 9,2013 Agenda Item Number 16.E.3 Approved by the BCC Type of Document Assumption Agreement Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract Assumption of number if document is NumberNendor Name contracts from Evans to be recorded Oil to Seminole Tribe INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the.Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the ?Q k -id74ir document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by t• -Ilk - BCC, all changes directed by the BCC have been made,and the document is ready or the Chairman's signature. 16E3 MEMORANDUM Date: July 15, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: . Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Assumption Agreement with Seminole Tribe of Florida Attached, is an original of the assumption agreement referenced above (Agenda Item #16E3), approved by the Board of County Commissioners on Tuesday, July 9, 2013. The original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment RE: AUTHORIZATION OF CHIEF FINANCIAL OFFICER TO BECOME A SIGNATORYI}l6 E 3 BEHALF OF THE SEMINOLE TRIBE OF FLORIDA, INC. SEMINOLE TRIBE OF FLORIDA, INC. HOLLYWOOD, FLORIDA RESOLUTION NO. BD-22-12 WHEREAS. the Seminole Tribe of Florida, Inc., is a Federal Corporation, as defined by Section 17 of the Indian Reorganization Act of June 18, 1934, as amended; and WHEREAS, under the authority of Article VI, Section 3 of its Corporate Charter, the Board of Directors of the Seminole Tribe of Florida,Inc.has authority to administer corporate property and programs; and WHEREAS, the Board of Directors seeks to facilitate the execution of contracts, agreements and other documents on behalf of the Seminole Tribe of Florida, Inc.; and WHEREAS, the Board of Directors seeks to authorize the Chief Financial Officer, to become a signatory on all contracts, agreements and other documents to be executed on behalf of the Seminole Tribe of Florida, Inc.; and NOW THEREFORE BE IT RESOLVED: that the Board of Directors of the Seminole Tribe of Florida, Inc. hereby authorizes the Chief Financial Officer,to be a signatory on all contracts, agreements and other documents to be executed on behalf of the Seminole Tribe of Florida, Inc.; and BE IT FURTHER RESOLVED: the Chief Financial Officer prior to executing any document on behalf of the Seminole Tribe. of Florida. Inc., shall send a copy of said document to and receive the approval of a majority of the Board members. 16E3 RE: AUTHORIZATION OF CHIEF FINANCIAL OFFICER TO BECOME A SIGNATORY ON BEHALF OF THE SEMINOLE TRIBE OF FLORIDA, INC. RESOLUTION NO. BD-22-12 PAGE TWO BE IT FURTHER RESOLVED: that this resolution is hereby adopted after motion by Joe Frank, seconded by Larry Howard. and a roll call vote as follows: President Tony Sanchez, Jr .AYE Vice President James E. Billie ..AYE Board Representative Joe Frank AYE Board Representative Larry L. Howard AYE Board Representative Christopher Osceola AYE DONE THIS THE 23rd DAY OF MAY, 2012, at the Special meeting of the Board of Directors,duly convened at Hollywood, Florida, with a quorum being present by a vote of 5 for, 0 against, with 0 abstentions. 'res. B RD OF DIRE, ORS ATTEST: 7n- :rte 47, / 4,, %f ✓f Secrete BOARD OF DIRECTORS 16E3 ASSUMPTION AGREEMENT This ASSUMPTION AGREEMENT is made and entered into as of 2013, by and between Seminole Tribe of Florida, Inc., a Federal Corporation, an Collier County, a political subdivision of the State of Florida("Collier County"). WHEREAS, on November 13, 2012, the Collier County Board of County Commissioners entered into an assumption agreement for Contract #07-4180 "Gasoline and Diesel Fuel" and for Invitation to Bid (ITB) #10-5581 "Motor Oils, Lubricants, and Fluids" with Evan's Energy Partners LLC ("Contractor") attached hereto as Exhibit A, and hereinafter referred to as the "Agreement;" and WHEREAS, Seminole Tribe of Florida, Inc., hereby represents to Collier County that by virtue of an amended Purchase Agreement, it is the successor in interest to the Contractor; and WHEREAS, the parties wish to formalize the Seminole Tribe of Florida's assumption of rights and obligations under the Agreement, effective as of the date first above written. NOW THEREFORE, in consideration of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. The Seminole Tribe of Florida, Inc. accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. The Seminole Tribe of Florida, Inc., will promptly deliver to Collier County evidence of insurance consistent with the Agreement. 3. Except as expressly stated, no further supplements to, or modifications of the Agreement are contemplated by the parties. 4. Notice required under the Agreement to be sent to Seminole Tribe of Florida, Inc., shall be directed to: CONTRACTOR: c/o Evans Oil 3170 S. Horseshoe Drive Naples, Florida 34104 Attention: Sam Askar 5. Collier County hereby consents to the Seminole Tribe of Florida's assumption of the Agreement. No waivers of performance or extensions of time to perform are granted or authorized. Collier County will treat Seminole Tribe of Florida, Inc., as the Contractor for all purposes under the Agreement. C.7.") 1 16E3 IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. FOR COLLIER COUNTY: ATT T: BOARD OF COUNTY COMMISSIONERS q, C'. 13ROCK, Clerk COLLIE'+ OUNTY, LORIDA V► By' At f aS t0 Ch '�Clerk GE•r7 .A". HILLER, ESQ. stgnattire only CHAIRWOMAN FOR SEMINOLE TRIBE OF FLORIDA, By: Witnes/ re) n M,L ,d V1, fo r' 1-00 Print Name rint na e) fitness (signature) Ca-n acc, Cr--0 (print name) Approv d o four and legality: 14 — Jeffrey 41:,zkow County tt ey /(.._. .-- Item# ``° Agenda (3 Date 22�� Date c' �� l4 J Re 4gE"-ttilA deputy lent 2 16E3 Client#:94832 SEMINI3 ACORD. DATE(MM/00lYYYY)CERTIFICATE OF LIABILITY INSURANCE 06/11/13LSA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed.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). PRODUCER CONTACT Charlotte Floyd Advanced Insurance Underwriters (PHONE c, ,Ext):954 963-6666 FAX 954 964-1438 3250 N.29th Avenue E-MAIL (ac,No): ADDRESS: Hollywood,FL 33020 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Insurance 25666 INSURED INSURER B:Lloyd's of London 15105 Seminole Tribe of Florida Inc. INSURER c:Safety National Insurance&Risk Management Dept. INSURER D: 5201 Ravenswood Rd.,Ste 107 Fort Lauderdale,FL 33312-3331 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MWDD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY ZLP10T0689912PD 06/01/2013 06/01/2014LEEAACCHH� p OCCURRENCE $1,000,000 PR X COMMERCIAL GENERAL LIABILITY EMISES(EeEoaErrrance) $500,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $0 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $3,000,000 7 POLICY n JECT PRO- X LOC $ A AUTOMOBILE LIABILITY ZLP10T0689912PD 06/01/2013 06/01/2014 (E°axideDSINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ X$1,000 Com X $1,000 Coll $ A X UMBRELLA LIAB _ OCCUR ZUP10T0818612PD 06/01/2013 06/01/2014 EACH OCCURRENCE $9,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s9,000,000 DED I X RETENTION$10,000 $ C WORKERS COMPENSATION SP4048657 06/01/2013 06/01/2014 X WORYTLIMiTS 'ER AND EMPLOYERS'LIABILITY C ANYI Y PROPRIIETOR EXRTNER/9ECUTIVE1Y/N N/A SP4048657 06/01/2013 06/01/2014 E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH) I E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Property AMR301761 06/01/2013 06/01/2014 $50,000,000 First Loss $25,000 AOPl5%Wind Ded DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Company A-Contractors Equipment Policy#QT6608738M321 Special Form/Actual Cash Value Basis:Per Schedule on File$750,000 Max Value For Rental Equipment CERTIFICATE HOLDER CANCELLATION Seminole Tribe of Florida Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Insurance&Risk Management Dept ACCORDANCE WITH THE POLICY PROVISIONS. 5201 Ravenswood Rd.,Ste 107 Fort Lauderdale,FL 33312-3331 AUTHORIZED REPRESENTATIVE 4� ©1988-20'n�ACD,'�//1 RD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S995716/M992466 LSA 16E3 c\ ASSUMPTION AGREEMENT • This ASSUMPTION AGREEMENT is made and entered into as of \\Cnv. \3 , 2012,by and between Evans Energy Partners LLC d.b.a.Evans Oil Company("Evans Energy") and Collier County,a political subdivision of the State of Florida("Collier County"). WHEREAS,on September 25,2007,the Board of County Commissioners awarded and entered into Contract #07-4180 "Gasoline and Diesel Fuel" with Evan's Oil Company LLC, ("Contractor") a copy of which is attached hereto as Exhibit A, together with any extensions thereto,and hereinafter referred to as the"Agreement;"and WHEREAS, on December 14, 2010 (Agenda Item 10-K), the Board of County Conunissioners awarded Invitation to Bid(ITB)#10-5581 "Motor Oils,Lubricants,and Fluids" to Evan's Oil as a secondary vendor, a copy of which is attached hereto as Exhibit B, and hereinafter referred to as"ITB#10-5581;"and WHEREAS, Evans Energy hereby represents to Collier County that by virtue of an amended Purchase Agreement,it is the successor in interest to the Contractor;and • WHEREAS, the parties wish to formalize Evans Energy's assumption of rights and obligations under the Agreement and ITB#10-5581,effective as of the date first above written. NOW THEREFORE, in consideration of the mutual promises in this Assumption Agreement, and for other good and valuable consideration,the receipt and sufficiency of which are acknowledged by the parties,it is agreed as follows: 1. Evans Energy accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement and ITB #10-5581, including all existing and future obligations to pay and perform under the Agreement and ITB#10-5581. 2. Evans Energy will promptly deliver to Collier County evidence of insurance consistent with the Agreement and ITB#10-5581 . 3. Except as expressly stated, do further supplements to, or modifications of the Agreement and ITB#10-5581 are contemplated'by the parties. 4. Notice required under the Agreement and ITB #10-5581 to be sent to Evans Energy shall be directed to: CONTRACTOR: Evans Energy 3170 S.Horseshoe Drive Naples,Florida 34104 Attention:Peter Johnson • 1 16E3 5. Collier County hereby consents to Evans Energy's assumption of the Agreement and ITB #10-5581. No waivers of performance or extensions of time to perform are granted or authorized. Collier County will treat Evans Energy as the Contractor for all purposes under the Agreement and ITB#10-5581. IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. FOR COLLIER COUNTY: ;',? � BOARD OF COUNTY COMMISSIONERS DWIGI ?::I tpCK,:Ct erk COLLIER COUNTY,FLORID By: Y A I ►. ._- By: ■. ..- • i ut, " 1� r�� FRED W. COYLE,CHAI.,in, Attest *WI,* 1 ligni.urs Rk. '``, FOR EVANS ENERGY PARTNERS LLC d.b.a.EVANS OIL COMPANY: By Witness(signature) kkeAr (Print name) Print Name 1t i ess(sign e) 764,. 2:,41 (Print name) Approv I as to form and ITga1. fficiency: 1 A 4ta Jeffre 1Y-75;o tzkow - County I omey 2 6 E 3 • • Exhibit A AGREEMENT07-4180 for • Gasoline&Diesel Fuel T AGREEMENT, made and entered into on this a► day of a ‘e.UiJ ,2007,by and between Evans Oil Company LLC,authorized to do business in the State of Florida, whose business address is 3170 S. Horseshoe Drive, Naples, Florida 34104, hereinafter called the "Contractor", and Collier County, a political subdivision of the State of Florida,Collier County,Naples,hereinafter called the"County": WITNE.SSETH: 1. CO CEMENT. The contract shall be for a two(2)year period,commencing on October 1,2007,and terminating on September 30,2009. 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 three (3)additional two(2)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 furnish and deliver'Weeded gasoline and diesel fuel on an as needed basis in accordance with the terms and conditions of Bid#074180 and the Contractor's proposal referred to herein and made an integral part of this agreement. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement, an amount estimated to exceed Three Million Dollars ($3,000,000), based on the aggregate of the units actually ordered and furnished at the actual price of the fuel plus the Contractor markup per gallon as noted on the Contractor's Bid Response Form. 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: • • • • • • 1 Page 1 of . • . 16E3 Evans OE Company LLC 3170 S.Horseshoe Drive Naples,Florida 34104 Attention: Randy M.Long Telephone: 239-262-4124 Facsimile: 239-262-7861 • All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department-Purchasing Building 3301 Tamiami Trail,East Naples,Florida 34112 •• Attn:Steve Carnel],Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 - The Contractor and the County may change the above mailing address at any time • upon giving the other party written notification. All notices under this Agreement must be in writing. ' 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, FS., .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. 7. JO IMPROPER USE. The Contractor will not use,nor suffer or permit any person to . . use in any manner whatsoever,county facilities for any improper,immoral or offensive. purpose, or for any purpose in violation of any federal, state, county or municipal • ordinance,rule,order or regulation,or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to Page 2 of 7 • • 16E3 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 $1,000,000 for each accident. D. Pollution and Remediation Liability Insurance: (1) Contractor shall maintain: a. Pollution and Remediation Liability Insurance including the cost of defense during the term of this agreement and for a period of five (5) years following the completion of the Project as outlined in this Agreement. Such coverage shall apply specifically to the contracting services/scope of work as outlined in this Agreement and shall include but not be limited to Pollution Legal Liability (legal liability arising out of the discharge,dispersal,release,seepage,migration or escape of smoke,vapors,soot,fumes, adds, alkalis, toxic chemicals,liquids • or gasses,hazardous materials,waste materials or other irritants,contaminants Page 3 of 7 or pollutants into or upon land,the atmosphere or any watercourse or body of water including groundwater at,under or emanating from the project); b. Remediation Legal Liability/Expense (expenses incurred for or in connection with the investigation, monitoring, removal, disposal, treatment. or neutralization of a condition arising from the discharge, dispersal, release, seepage,migration or escape of smoke,vapors,soot,fumes,acids,alkalis,toxic chemicals, liquids or gasses, hazardous materials, waste materials or other irritants, contaminants or pollutants into or upon land the atmosphere or any watercourse or body of water including groundwater at, under or emanating from the Project, as well as the cost to repair or replace real or personal property damaged during the course of Remediation Expense in order to restore the property to the condition it was in prior to the Remediation Expense to the extent required by Federal,State,Local or Provincial laws,regulations or statutes or any subsequent amendments thereof);and c. Transportation Legal Liability/Expense - Pollution Legal Liability or Remediation Legal Liability/Expense arising out of the movement by the Contractor/professional/Consultant of product or waste of the Owner to its final delivery point as specified under this Agreement. (2) Limits Required: Each Loss or Expense $2,000,000 Annual Aggregate $4,000,000 The Annual Aggregate limit shall apply separately to this project.. (3) If coverage is provided on a "Claims Made" form as opposed to an "Occurrence" form,the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that, in the event of cancellation or non-renewal, the Extended Reporting Period (Discovery Period)for claims shall be no less than three(3)years. (4) The Collier County Board of County Commissioners shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) This policy shall include contractual liability coverage to contemplate the indemnity provisions of this agreement. 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 arty expiration date. Page 4 of 7 16E3 There shall be a thirty (30) day notification to the County in the event of cancellation or modification of arty 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 Fleet 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 component parts, all of which are as fully a part of.the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, and Bid #074180 Specifi- cations/Scope of Services. 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 5 of 7 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 1966 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 breath of this agreement and. • the County shall have the discretion to unilaterally terminate this agreement . . immediately: . . • . • • • . 18.VE1141UE: 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.AGREEMENT TERMS: If any portion of this Agreement is held to be void,invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. . " . • . . • • • • • . . • • . . . . • • • . • • • • • • ., • • • • • • • . . • • • • • • • • • • • •• • • • . • • . . • • • Page 6 of 7 6-E 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY,FLORIDA Clerk of Courts i to- li:'= • J= „ Cotetta, =• • `7 Iron s Evans Oil Company LLC • tractor By: k at% �.\. First IP Si /!, c��41,1101rrt/ . 'PType/Print witness namet „AA,,,- a - :A4■11.11. b Second Witness T • • : and title e;on e trype/print witness namet Approved as to form and legal sufficiency: ttrAssit Co Attorney Print Name • • Pop 7 of 7 16E3 ....... _ . ACORD CERTIFICATE.OF LIABILITY INSURANCE ? "woo WAXEN niooucu THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PREME,R INSURANCE CM,INC. ONLY AND CONFERS NO RIGHTS UPON TIE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AME EXTEND OR PA BOX 100770 ALTER THE COVERAGE AFFORDED BY THE BELOW. CAPE CORAL,FL 330100710 - . PHONE:230-5G-7101 INSURERS AFFORDING COVERAGE NAIC S M NMI EVANS OIL COMPANY,LLC;RNL LLC; INSURER* FAME Fire i Metre i LONG EQUPIENT FINANCE LLC unSUR6t a Admiral Ins Co P O BOX 030 MAW o: Landmark Medan Ins Co NAPLES,FL 34100 I INSURER Ir. FCCI Insurance Co . I mum e COVERAGES ' THE POLICES OF INSURAPICE LISTED BELOW HAVE•MEM ISSUED TO 171E INSURED NAMED MOVE FOR TIE POUCY PSHIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR COND171ON 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 NA CONDITIONS OF SUCH POLICIES.AGGREGATE UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAM. @yIA�� iys TYPIIs slArla POLCY/1 MER C1'TE BOOrv1n 6iTTIOitbM1D GIRT, IIESRALLJIIBBNTY PxJiOCCURRE►ICE f D9 A X ooM,ERCNL sure CP3006114 01121007 0411212009 ,jg---g-sy, . 1",000 I CLAIMMME ©OCCUR ,MED!P(k , _ PERSONAL s ADY"muff s 5.000,000 L1,1, rot. I 1 LIn1 n LOC naaoucte:corwaPono s 5.000,000 AufoMORJ:LWUTY I COMM�M OLEUMIT s mom A _ANY ouro CP3000Y4 0112/2007 0W212001 •_ Au OWNED AUTOS MOLY INJURY $ : SCHEMED ALMS (Air gasnom) X HI EOAUTOS Yip • $ Y NONdVMIFDAUTOS _ PROPERTY 1PerSeld"'aWIIAflE s GARAGE LNISJlY AUTO CNLY-!AACCVENT ; RAWTO AL= MII EAACC $ EACH occur c!_ S 10,000,000 B X accUR italtruTas MAon E000003374I 0411212007 011212001 AGGREGATE S 10.000,000 s RRETENTION DEOULTIOLE $ woIBD9IioollE►IBA71aN ARP X IAyala%I I°crt' O EMPLOYIAr LIABILITY 0o14/CO7A•57152 00212007 011212009 E.L.!AGM ACCIDENT S 300,000 • OPPICERAIOmER EXCLUOIOt . E.L.own-mortars s 500.000 aArcis"►RWI E iov., ea-DISEASE-FOGGY LAM'_$500,000 CTH 5,000,000 C 5,000,000 MESS OVER PRIMARY LHA0S4645 0441712007 O021200$ - OqC IUMON OF OPERA71ou iLOCATIEIir vESa.Iet IOOCLWIONI AODED BY VIIOOIaaIOITI smogs.PNOVIS1ONO ATTN:FACULTIES MANAGEMENT • 1 Contract 1107.4190-Gasoline i diesel fuel contract ' Collar County Government Board of County Commlesloners Is named Additional bound • • for Genial Liability and Auk Liability. MCS$0 Bndomsment Is Included. CERTIFICATE HOLDER CANCELLATION • smouLDANYOPTEAsove On,QgID POUMMIVICANCEU.i erPONIMMIC?RA1JN COLLIER COUNTY GOVERNMENT oATETIMM,no mum mama WILL eNCERVOR TO MAL DAYS MIME • BOARD OF COUNTY COMMISSIONERS NOTICE TO TUE CORTIRCA1E ROIaER NAMED TO 7118 Las,MT PMERRY°00 SO SHALL 1301 EAST TAMAIN TRAIL MOSE NO ORJOAIlON OR MGM of ANY IOW UPON THE MEM ITS AGENTS OR NAPLES,FL 34112 • famossBNTArns. { /./` ACORD 25(2001/01) IF IMGORD 16E3 . , . • IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies) mud be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain pofdes may require sn endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). • DISCLAIMER The Dedicate of Insurance on the reverse aide of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirtea Ivey or negatively amend, extend or alter the coverage afforded by the policies listed thereon. • • • ACORD 25(200110$) __1_6 E 3 Actoristosszepice3 c.66301) May 14,2009 Mr.Randy Long Evans Oil Company 3170 Horseshoe Drive South Naples,FL 34104 Fax:262-7861 RE: Renewal of Contract*07-4180"Gasoline&Diesel Fuel" Dear Mr.Long: Collier County has been under Contract with your company for the referenced services for the past year. The County would like to renew this agreement under the same terms and conditions for two (2)additional years in accordance with the renewal dause In the agreement If you are agreeable to renewing the referenced contract,please indicate your intentions by provThe appropriate information as,requested beiow: ..i am:..agreeable to renewing the present annual contract for Gasoline& Diesel Fuel-under the same terms and conditions as the existing contract I am not agreeable to renewal of this contract If you are agreeable to renewing the contract,said renewal will be In effect from September 30,2009 until October 1,20.11. Also,please provide a current insurance certificate for our files,as per the original contract requirements. Due to the volume of insurance certificates received In the Purchasing Department,the contract number should be referenced on the certificate to ensure that our records are updated accordingly. Ndudti Wjabrnt.3301 Tanizsmi Tralft •Nip*.Monk 34112•wan.aidei9or•rrapard•aing 1 6 E 3 ___ _— Page 2 of 2 RE: Renewal of Contract#07-4180"Gasoline&Diesel Fuel' • Your prompt attention is urgently requested. Please return this letter to the Purchasing Department with your response and Insurance certificate no later than June 12,2009. If you have any questions you may contact me at 239-252-6020, fax•239-252-6592 or email Best regards, i Brenda Reaves Contract Technidan Acceptance: Evans Olt Com. •, r o .•- Nen'.l ' LI , ia f jl ' 1 -. •me and (Co ...e .:.sec Date: In order to m. - our tact information Is current,please provide the following: Contact person,'s;:;s4 Phone# k. b Ir.8 lb. Q '. Pax# I +` ih.et."' . b. - Email `K COti• Address: N Wai 75 in ' L .. 34 106 . C: Dan Croft,Fleet 16E3 • Purchasing • And 4,2011 Mr.Randy Long Evans 01 Company 3170 Horseshoe Drive 8outh Maples,R 34104 Fax 2827801 Ernst MOtherillINILDM RE: Renewal of Contract 8074180°Gasolne&Diesel Fuel" Dear Mr.Iona Colter County would Ma to renew the above agreement under the same terms and melons for two(2)tideland yews ln awadencswith the renew!douse in the agreement, • If you are agreeable pleas trxlcale your!mentions by prc idr:g the appropriate information as requested below: 4/\ . I am agreeable to renewing the above referenced contract under the •same tsnme,condition,and pricing as the existing contact. The following attached docwnenla&n must be provided with response. • Provide updated and current insurance certificate,end I am not agreeable to renewal of this contract. By your signature this contract will be in effect from September 1,2011 until August S1,2015. I � i . Pudnerq»whet•S3T1TaidTa IEmt•WO%Fields 3t1124c1•weasilesr M lip • I 16 E 3 Page 2 of 2 RE: Renewal of Cogitated 10741110 Vaseline&Motet Fuer Please return this latter to the Purchasing Department WM your response,Insurance oertilleale at your earliest convenience.If you have any questions you may=toot me at 239-2112-0020,email lEROMERIDMICRRIlmost and fax 230-252-0692 ar 2394 Best resettle, - Blinds Reeves Contract Technidmi -e - - ; 4 r ' k. 7 i I r•-• gal/Ear in:Al i.V 1 70 I I I r-117 1. I I W I I I I I PONNINer, • Pony 0,7= •- 011ice • Corporste it11:71L.T■Til- Officer Name • Signature Date ENIFAI .1- • '3; , .'"47, , •]-1 •- ; A 'z •R• • 1,T 73T1117rila." Telephone Number •ulaLan'alig,! 11. Email Address aalf,1411,'LW:1*. 11V-tal Address I IL /I,f4r:11 0 • • k ex Dan Croft • 16E3 EXHIBIT B Services Division Purchasing • INVITATION TO BID Date: September 30, 2010 From: Brenda Reaves, Purchasing Tech 239-252-6020 (Telephone) 239-252-6596 (FAX) B rendaReaves©colliergov.net(Email) To: Prospective Vendors Subject: Solicitation#and Title 10-5581 "Motor Oils, Lubricants& Fluids As requested by the Fleet Management Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E-Procurement website:www.colliergov.net/bid.All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Jack Curran, Purchasing Agent Dan Croft, Fleet Director Note: All ITB responses submitted manually must be submitted as one original, and two exact duplicate copies, including any required forms. Pert a ip Dapsemare 3301 Tamiane Trail East•Naples,Florida 34112•www.colierpov.neUpuahaeinp #10-5581 1 ITB Template_04152010 • 16E3 Invitation to Bid Index Public Notice 3 Exhibit I: Specifications and Response Format 4 Exhibit II: General Bid Instructions 7 Exhibit III: Standard Purchase Order Terms and Conditions 14 Exhibit IV: Additional ITB Terms and Conditions 17 Attachment 1: Vendor Submittal-Vendor's Check List 21 Attachment 2: Vendor Submittal- Bid Response Form 22 Attachment 3: Vendor Submittal- Insurance and Bonding Requirements 24 Attachment 4: Vendor Submittal- Local Vendor Preference Affidavit 29 Attachment 5: Vendor Submittal - Immigration Affidavit 30 Attachment 6: Vendor Submittal -Vendor's Non-Response Statement 28 010-5581 2 ITB Template_04152010 16FTT Public Notice Sealed bid responses for 10-5581 "Motor Oils, Lubricants&Fluids",will be received manually only at the Collier County Purchasing Department Director's Office, 3301 Tamiami Trail East, Building "G", Naples, Florida 34112 until 2:30p.m. CollierCounty local time on October 21,2010. Solicitation responses received after the stated time and date will not be accepted. 10-5581 "Motor Oils, Lubricants& Fluids" No pre-bid conference will be held for this solicitation All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid.All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department E-Procurement website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/Steve Camell Steve Camell, C.P.M. Purchasing/General Services Director Publicly posted on the Collier County Purchasing Department website: www.collieroov.net/aurchasina and in the lobby of the Purchasing Building on September 30,2010. #10-5581 3 ITB Template_04152010 e 16E3 Exhibit I: Specifications and Response Format As requested by the Collier County Fleet Management Department(hereinafter, the"Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter,"County")has issued this Invitation to Bid (hereinafter, "ITB")with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications stated herein. Brief Description of Purchase The County is seeking to establish a contract with a qualified vendor to purchase motor oils, lubricants and fluids for over 750 on-road vehicles and 2000 equipment items maintained by the County's Fleet Management Department.The contract will include both bulk and packaged products. Product Quality Collier County requires original equipment manufacturer(OEM)quality lubricants and fluids to maintain its vehicles and equipment. Engine oils, lubricants, and fluids provided under this contract shall comply with API Engine Service Classification and SAE Crankcase Oil Viscosity Classification System and other specified requirements called for under these bid specifications. By signing the bid proposal, the vendor certifies that the engine oils,greases, fluids, and lubricants meet or exceed vehicle or equipment warranty requirements. When owner's manual recommendations for API classification, SAE viscosity, and oil change and lubrication intervals are followed,the vendor will assume all responsibility for engine or component damage resulting from faulty oil,greases,fluids, or lubricants supplied in accordance with this contract. The vendor shall notify the County in writing of any changes to API or SAE product specifications for changes of brands during the contract period. Product Specifications/Estimated Annual Requirements The products listed below are those principally used by Fleet Management but are not inclusive of all products that will be purchased under this contract. The annual quantities are good faith estimates based on previous purchases. Actual purchase quantities may vary. The County makes no guarantee of any minimum or maximum purchase quantities under this agreement. Product Specification Est.Annual Requirements Motor Oil SAE 15W40(Bulk) 19,000 quarts SAE 15W40(Quarts) 1,500 quarts SAE 5W30 (Bulk) 5,000 quarts SAE 5W30(Quarts) 500 quarts Hydraulic Oil AW, ISO 68 (Bulk) 1,500 quarts Hydraulic Oil Shell Tellus T-22 (or equivalent) 250 quarts Automatic MERCON V(Bulk) 1300 quarts Transmission Fluid Automatic Valvoline Max Life Dex/Merc 2,500 quarts Transmission Fluid (or equivalent) #10-5581 4 ITB Template_04152010 16E3 Automatic Allison-Transynd (or equivalent) 1,600 quarts Transmission Fluid Gear Oil Synthetic 80W140—5 gallon 1,500 quarts Tractor Chevron 1000 THE 2,000 quarts Hydraulic Fluid Grease, NLGI-2 GC-LB 150-# Automotive EP Gear Oil API-GL5 or MT-1 (85W140) 100 gallons Delivery Requirements Products ordered from this contract shall be delivered by the vendor within one business day to one of the locations listed below as designated by the County. If the delivery time cannot be met, the vendor shall notify the County immediately. Fleet Management County Barn Maintenance Facilities 2901 County Barn Road Naples, FL 34112 Fleet Management Immokalee Maintenance Facilities 402 Sgt. Joe Jones Road Immokalee, FL 34142 Fleet Management Davis Blvd. Maintenance Facilities 4800 Davis Boulevard Naples, FL 34104 Fleet Management Radio Road Maintenance Facilities 8300 Radio Road Naples, FL 34104 Minimum Delivery Order The minimum delivery order on this contract shall be a combination of at least two (2) cases of oils, greases, or fluids when the products are shipped in cases. Any product in a 120- pound container or a drum shall have a minimum order of one (1) each. The minimum order of bulk deliveries shall be 50 gallons. #10.5581 5 ITS Template_04152010 __ • •••• 16E3 Projected Timetable Issue Solicitation Notice September 30,2010 Last Date for Receipt of Written Questions October 12,2010, 12:00pm, Naples Local Time Addendum Issued Resulting from Written Questions or Pre- N?A Proposal Conference Solicitation Closing Date and Time October 21,2010, 2:30PM, Naples Local Time Evaluation of Submittals TBD Board of County Commissioner's Contract Approval Date TBD Response Format will be manual, and vendor must attach all completed information below: • Vendor Price Sheet in Excel format • Attachment 1: Vendor's Check List • Attachment 2: Bid Response Form • Attachment 3: Insurance and Bonding Requirements • Attachment 4: Local Vendor Preference Affidavit • Attachment 5: Immigration Affidavit • • #10-5581 6 • ITB Template_04152010 16E3 Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County Fleet Management Department, the Collier County Board of County Commissioners Purchasing Department(hereinafter,the County) has issued this Invitation to Bid (hereinafter,the'ITB", or"Bid")with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto.The successful vendor will hereinafter be referred to as the "Vendor' All bids must be submitted on the Bid form furnished by the County noted in Attachments 1, 2, 3,4,and 5 of this ITB. No bid will be considered unless the Bid form is properly Waned.Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measure specified by the County. The vendor will provide firm net bid prices that include delivery to the County Fleet Management shop locations listed in the specifications. The prices of products delivered in drums shall include pickup of empty drums when new drum orders are delivered. When the contract expires or when no new drum orders are placed, the vendor shall pick up all empty drums within 30 days at no expense to the County.Any environmental or waste clean-up fees imposed by Federal, State, or local government shall be included in the product bid prices and shall not be listed on invoices as additional costs. To qualify your bid, prices must be firm for a period of at least 60 days from the effective day of the contract. After completion of the initial period, prices may be changed with at least one week advance notice by particular product(s) at the written request of the vendor. Accompanying the request letter must be official notification from the vendor's supplier of price change and the amount of change. Collier County's purchase prices may be changed only in the amount changed by the vendor's supplier. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed.The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response.All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturers names or brand names are used in these specifications for the purpose of establishing minimum requirements of level of quality or standards required, and is are in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An 010-5591 7 ITB Template_04152010 -- 16E3 equal or similar product may be bid, provided that the product is found to be equal in quality and/or standards of the item specified. Where an equal or similar product is bid,the Bid must be accompanied with two(2)complete sets of factory information sheets (specifications, brochures, etc.)and test results, if applicable, of unit bid as equal or similar. The County shall be sole judge of equality or similarity, and its decision shall be final. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled"EXCEPTIONS TO SPECIFICATIONS.. Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written.The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids.All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document.Additionally, all addendums are posted on the Collier County Purchasing Department E-Procurement website:www.collieraov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All paper bids shall be submitted to the County Purchasing Director, Collier County Government Complex, Purchasing Building "G", Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein,whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. Vendors must submit three paper copies with one copy clearly labeled"Master". List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. #10-5581 8 ITB Template_04152010 16E3 Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Purchasing Agent before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website:www.collieraov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E-Procurement website. For general questions, please call the referenced Purchasing Agent identified in the Public Notice. 10. Protests Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of the bid or the due date for acceptance of bid.All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the bid or the acceptance date for the Request for Proposals. 11. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s),time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). Award shall be made to the lowest, qualified, and responsive bidder as Primary Vendor. The next lowest qualified bidder will be awarded as Secondary Vendor. A qualified bidder is defined as one who can meet or exceed all the requirements and conditions of this agreement, has a license to sell stated products in Collier County, and has a distribution facility in Collier or Lee Counties. Low bid will be determined by comparing the total of each vendor's bid prices of all products. The County shall be the sole judge when determining the lowest bidder. • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s)at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in accordance with the Method of Source Selection denoted in the terms and conditions. • Vendors must complete and submit for all of the categories, notating the brand they will provide and the unit prices,that they wish to supply to the County on the Vendor Price Sheet. • The County shall add all unit pricing within a category, and shall then add all subtotals for all categories. • The final award shall be determined by considering the brand offered along with the overall best price. #10-5581 9 ITB Template_04152010 16E3 • The County reserves the right to award to vendor(s) by the best brand offered and lowest price either in total or by category. • The contract will be in the form of a standard County Purchase Order or purchasing card. 12. Rejection and Waiver The County reserves the right to reject any and all bids,to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 13. Local Vendor Preference(LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2008-181 establishing and adopting the Collier County Purchasing Policy. The Collier County Board of County Commissioners has adopted a Local Preference"Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County purchases. A"local business"is defined as a business that has a valid Business Tax Receipt, formerly known as an Occupational License issued by either Collier or Lee County for a minimum of one(1)year prior to a Collier County quote or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business"unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to,the retention and expansion of employment opportunities,the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their quote or proposal to be eligible for consideration as a"local business"under this section. When a qualified and responsive non-local business submits the lowest price quote, and the quote submitted by one or more qualified and responsive local businesses is within ten percent(10%)of the price submitted by the non-local business, then the local business with the apparent lowest quote offer(i.e.the lowest local vendor)shall have the opportunity to submit an offer to match the price(s)offered by the overall lowest, qualified and responsive vendor. In such instances,staff shall first verify if the lowest non-local vendor and the lowest local vendor are in fact qualified and responsive vendors. Next, the Purchasing Department shall determine if the lowest local vendor meets the requirements of Section 287.087 F.S. If the lowest local vendor meets the requirements of 287.087, F.S.,the Purchasing Department shall invite the lowest local vendor to submit a matching offer to the Purchasing Department which shall be submitted within five(5)business days thereafter. If the lowest local vendor submits an offer that fully matches the lowest quote from the lowest non-local vendor tendered previously, #10-5581 10 ITB Template_04152010 3 then award shall be made to the local vendor. If the lowest local vendor declines or is unable to match the lowest non local quote price(s), then award will be made to the lowest overall qualified and responsive vendor. If the lowest local vendor does not meet the requirement of Section 287.087 F.S. and the lowest non-local vendor does, award will be made to the vendor that meets the requirements of the referenced state law. Vendor must complete and submit with its quote response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Vendor to submit this Affidavit with their quote response will preclude said Vendor from being considered for local preference under this solicitation. A Vendor who misrepresents the Local Preference status of its firm in a quote submitted to the County will lose the privilege to claim Local Preference status for a period of up to one(1)year. The County may, as it deems necessary, conduct discussions with any of the competing vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 14. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The E-Verify program, operated by the Department of Homeland Security(DHS) in partnership with the Social Security Administration(SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals(RFP) including professional services and construction. Exceptions to the program: • Commodity based procurement where no services are provided. • In exceptional cases,the Purchasing Department may waive the requirement Vendors are required to enroll in the E-Verify program within thirty(30) calendar days of contract award, and use E-Verify within thirty(30)calendar days thereafter to verify employment eligibility of their employees assigned to the contract at the time of enrollment in E-Verify. Additionally, vendors shall require all subcontracted vendors to flow down the requirement to use E-Verify to subcontractors. If the vendor is already enrolled in E-Verify,they must use E-Verify within thirty (30) calendar days of contract award to verify employment eligibility of their employees assigned to the contract Following this initial period they must initiate verification of all new hires of the Vendor and of all employees newly assigned to the contract within three(3) business days of their date of hire or date of assignment to the contract. Vendors shall be required to provide the Collier County Purchasing Department an executed affidavit vowing they shall comply with the E-Verify Program for each service/project.The affidavit is attached to the solicitation documents. If the bidderNendor does not comply, they may be deemed non-responsive. #10-5581 11 ITB Templates 04152010 16E3 For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: htta://www.dhs.00v/E-Verify. it shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation,that any firms)receiving an award shall be 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 se, c., and regulations relating thereto, as either may be amended. Failure by the awarded firm(s)to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process,from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 16. Certificate of Authority to Conduct Business in the State of Florida(Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org/search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five(5)days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe,the County reserves the right to award to another firm. 17. General Information When it is deemed by the County that a bid cannot be awarded as originally intended,the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid,the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 18. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2)calendar #10-5581 12 ITB Template_04152010 16E :: days(excluding weekends and County holidays)of the date that the recommended award is posted. Upon filing of said notice,the protesting party will have five(5)days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the"Protest Policy"is available at the office of the Purchasing Director. • *10-5581 13 ITB Template 04152010 16E3 Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer delivery; provided that risk of loss prior to This offer is subject to cancellation by the actual receipt of the goods by the COUNTY COUNTY without notice if not accepted by nonetheless remain with VENDOR. VENDOR within fourteen(14)days of issuance. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise 2. Acceptance and Confirmation specifically stated in this Purchase Order. This Purchase Order(including all documents Unless otherwise provided in Purchase attached to or referenced therein) constitutes Order, no invoices shall be issued nor the entire agreement between the parties, unless payments made prior to delivery. Unless otherwise specifically noted by the COUNTY on freight and other charges are itemized, any the face of this Purchase Order. Each delivery of discount will be taken on the full amount of goods and/or services received by the COUNTY invoice. from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the terms and conditions contained in this Purchase same day via the same route must be Order. consolidated. Each shipping container must No additional terms may be added and Purchase be consecutively numbered and marked to Order may not be changed except by written show this Purchase Order number. The y g p y container and Purchase Order numbers must instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips is deemed to be on notice that the COUNTY must show Purchase Order number and objects to any additional or different terms and must be included on each ac conditions contained in any acknowledgment, package of less g than container load (LCL) shipments and/or invoice or other communication from VENDOR, with each car load of equipment The notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or payment for any delivery of goods and/or return any shipment or equipment at services,or any similar act by VENDOR. VENDOR'S expense that is not marked with 3. Inspection Purchase Order numbers. VENDOR agrees All goods and/or services delivered hereunder to declare to the carrier the value of any shall be received subject to the COUNTY'S shipment made under this Purchase Order shall be and approval and payment and the full invoice value of such shipment p yment therefore d) All invoices must contain the Purchase Order shall not constitute acceptance. All payments are number and any other specific subject to adjustment for shortage or rejection. identified on the Purchae Order. Discounts All defective or nonconforming goods will be of prompt payment will be computed from the returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of VENDOR'S expense. receipt of invoices, whichever is later. To the extent that a purchase order requires a Payment will be made upon receipt of a series of performances by VENDOR, the P Per invoice and in compliance with COUNTY prospectively reserves the right to Chapter al Fiv Government otherwise known nt 9 the "Local Government Prompt Payment cancel the entire remainder of the Purchase Act,' and, pursuant to the Board of County Order if goods and/or services provided early in Commissioners Purchasing Policy. the term of the Purchase Order are non-conforming or otherwise rejected by the 5. Time Is Of the Essence COUNTY. Time for delivery of goods or performance of 4. Shipping and Invoices services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment, lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any the COUNTY at the time and place of expenses incurred in enforcing its rights. #10-5581 !TB Template 04152010 14 i I 16E3 VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the delivery of nonconforming goods and/or services COUNTY from any and all claims, including is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses, upon further compliance with all specifications. including but not limited to attorneys'fees,arising from, caused by or related to the injury or death 6. Changes of any person (including but not limited to The COUNTY may at any time and by written employees and agents of VENDOR in the notice make changes to drawings and performance of their duties or otherwise), or specifications, shipping instructions, quantities damage to property (including property of the and delivery schedules within the general scope COUNTY or other persons),which arise out of or of this Purchase Order. Should any such change are incident to the goods and/or services to be increase or decrease the cost of, or the time provided hereunder. required for performance of the Purchase Order, an equitable adjustment In the price and/or 11. Warranty of Non-infringement delivery schedule will be negotiated by the VENDOR represents and warrants that all goods COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase foregoing,VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, Any claims for adjustment by VENDOR must be copyright or trade secret;and c)do not constitute made within thirty (30) days from the date the unfair competition. change is ordered or within such additional period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the parties. COUNTY from and against any and all claims, including claims of negligence, costs and 7. Warranties expense, including but not limited to attorneys' VENDOR expressly warrants that the goods fees, which arise from any claim, suit or and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of will conform to the specifications, drawings, the goods and/or services provided under this samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S specified by the COUNTY, and will be of representations and warranties in section 11 (a). satisfactory material and quality production, free from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, claim of any third party. These warranties shall procure for the COUNTY the right to continue survive inspection, acceptance, passage of title using the goods or services, or replace or modify and payment by the COUNTY. the goods or services so that they become non-infringing, (without any material degradation 8. Statutory Conformity In performance, quality, functionality or additional Goods and services provided pursuant to this cost to the COUNTY). Purchase Order, and their production and transportation shall conform to all applicable 12. Insurance Requirements laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide Health and Safety Act, the Federal commercial Insurance of such type and with such Transportation Act and the Fair Labor Standards terms and limits as may be reasonably Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing face of the Purchase Order. and maintaining adequate Insurance coverage is a material obligation of the VENDOR. All 9. Advertising insurance policies shall be executed through No VENDOR providing goods and services to the insurers authorized or eligible to write policies in COUNTY shall advertise the fact that it has the State of Florida. contracted with the COUNTY for goods and/or services, or appropriate or make use of the 13. Compliance with Laws COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the VENDOR agrees that it will comply with all COUNTY'S Purchasing Department federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, 10. Indemnification this shall include the American with Disabilities Act and all prohibitions against discrimination on #10-5581 15 [TB Template 04152010 16E3 the basis of race, religion, sex creed, national This Purchase Order may be terminated at any origin, handicap, marital status, or veterans' time by the COUNTY upon 30 days prior written status. Further, VENDOR acknowledges and notice to the VENDOR. This Purchase Order without exception or stipulation shall be fully may be terminated immediately by the COUNTY responsible for complying with the provisions of for breach by VENDOR of the terms and the Immigration Reform and Control Act of 1986 conditions of this Purchase Order, provided that as located at 8 U.S.C. 1324, et seq. and COUNTY has provided VENDOR with notice of regulations relating thereto, as either may be such breach and VENDOR has failed to cure amended. Failure by the awarded firm(s) to within 10 days of receipt of such notice. comply with the laws referenced herein shall constitute a breach of the award agreement and 19. General the County shall have the discretion to a) This Purchase Order shall be governed by unilaterally terminate said agreement the laws of the State of Florida. The venue immediately. Any breach of this provision may for any action brought to specifically enforce be regarded by the COUNTY as a material and any of the terms and conditions of this substantial breach of the contract arising from Purchase Order shall be the Twentieth this Purchase Order. Judicial Circuit in and for Collier County, Florida 14. Force Majeure b) Failure of the COUNTY to act immediately in Neither the COUNTY nor VENDOR shall be response to a breach of this Purchase Order responsible for any delay or failure in by VENDOR shall not constitute a waiver of performance resulting from any cause beyond breach. Waiver of the COUNTY by any their control, including, but without limitation to default by VENDOR hereunder shall not be war, strikes,civil disturbances and acts of nature. deemed a waiver of any subsequent default When VENDOR has knowledge of any actual or by VENDOR. potential force majeure or other conditions which c) All notices under this Purchase Order shall will delay or threatens to delay timely be sent to the respective addresses on the performance of this Purchase Order, VENDOR face page by certified mail, return receipt shall immediately give notice thereof, including all requested, by overnight courier service, or by relevant information with respects to what steps personal delivery and will be deemed VENDOR is taking to complete delivery of the effective upon receipt. Postage, delivery and goods and/or services to the COUNTY. other charges shall be paid by the sender. A party may change its address for notice by 15. Assignment written notice complying with the VENDOR may not assign this Purchase Order, requirements of this section. nor any money due or to become due without the d) The Vendor agrees to reimbursement of any prior written consent of the COUNTY. Any travel expenses that may be associated with assignment made without such consent shall be this Purchase Order in accordance with deemed void. Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, 16. Taxes employees and authorized persons. Goods and services procured subject to this e) In the event of any conflict between or Purchase Order are exempt from Florida sales among the terms of any Contract Documents and use tax on real property, transient rental related to this Purchase Order, the terms of property rented, tangible personal items the Contract Documents shall take purchased or rented, or services purchased precedence over the terms of the Purchase (Florida Statutes, Chapter 212), and from federal Order. To the extent any terms and /or excise tax. conditions of this Purchase Order duplicate. or overlap the Terms and Conditions of the 17. Annual Appropriations Contract Documents, the provisions of the The COUNTY'S performance and obligation to Terms and/or Conditions that are most pay under this Purchase Order shall be favorable to the County and/or provide the contingent upon an annual appropriation of greatest protection to the County shall funds. govern. 18. Termination #10-5581 16 ITB Template 04152010 16E3 Exhibit IV: Additional ITB Terms and Conditions 1. Contract Term The contract term, if an award(s) is/are made is intended to be two (2)years with one (1)two(2) year renewal option. 2. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Fleet Management Director or authorized representative and Vendor. 3. Conflict of interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five(5)years;whether paid or donated,which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration.These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 4. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end,vendors will be evaluated on their performance upon completion/termination of agreement. 5. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51%or more of the solicitation amount for said work. 6. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe.The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 7. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing,terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration(OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub #10-5581 17 ITB Tempiate_04152010 � E3 vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site.All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. 9. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act,Vendor shall supply competent employees who are physically capable of performing their employment duties.The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 10. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.Additionally,copies of all the required licenses must be submitted with the bid response Indicating that the entity bidding, as well as the team assigned to the County account, Is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is reouired to have an occupational license. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at(239)252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt(formerly known as Occupational Licenses)should be directed to the Tax Collector's Office at(239)252-2477. 11. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County,the cost of such work will be deducted from the monies due the Vendor. 12. 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,the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. #10-5581 18 ITB Template_04152010 16E3 13. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor invoices must reference the purchase order number, delivery date, product identification, quantity, unit price and total price of each product delivered. When possible, original invoices should accompany the product at the time of delivery. When not possible, send original invoices, along with any billing problems or concerns to Collier County Fleet Management Department, 2901 County Barn Road, Naples, Florida 34112; Phone(239)252-2277, FAX(239)252-6575. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional—payment by check, wire transfer or other cash equivalent. • Standard—payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers(i.e.VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered(per Rules for VISA Merchants and MasterCard Merchant Rules). The County will entertain bids clearly stating pricing for standard payment methods.An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an"Additional Cash Discount." All invoices must be submitted within the fiscal year the products were provided. (County's fiscal year is October 1 -September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment)unless specifically authorized by the Fleet Management Director or designated representative. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six(6)months after completion of contract.Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"/aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." 14. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Attachment 3 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required,to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall,where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. #10-5581 19 ITB Template_04152010 16E3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder"should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Attachment 3,with the use of Insurance Services Office(ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage,Vendor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s)shall be maintained without interruption for the term of the contract as specified in this solicitation. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner,within twenty-four(24)hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30)days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor.The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s)purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s)shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to contract termination,the Vendor shall furnish to the County renewal or replacement Certificate(s)of Insurance not later than ten (10)calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. 010-5581 20 rTB Template_04152010 I t 3 Attachment 1: Vendor Submittal -Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully,sign In the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings,descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required,the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 13. The mailing envelope must be sealed and marked with: • Solicitation#and Title: 10-5581 Purchase Oils, Lubricants&Fluids • October 21,2010 14. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature&Title Date *10-5581 21 ITB Template 04152010 1 E 3 Attachment 2: Vendor Submittal-Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation#and Title: 10-5581 Purchase Oils, Lubricants&Fluids Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all requirements of this contract. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith,without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: Response Format will be manual,and vendor must attach all completed information below: • Vendor Price Sheet In Excel format(separate downloadable form). and • Attachment 1:Vendor's Check List • Attachment 2: Bid Response Form • Attachment 3: Insurance and Bonding Requirements • Attachment 4: Local Vendor Preference Affidavit • Attachment 5: Immigration Affidavit Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen(15)days payment be offered. Prompt Payment Terms: % Days; Net Days Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages.The undersigned do agree that should this Bid be accepted,to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15)days after being notified of an award. #10-5581 ITS Template 04152010 16 E 3 IN WITNESS WHEREOF,WE have hereunto subscribed our names on this day of , 2010 in the County of ,in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number Telephone Number FAX Number Check one of the following: ❑ Sole Proprietorship ❑ Corp or P.A. State of ❑ Limited Partnership ❑ General Partnership Signature/Title Type Name of Signature Date • Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State,Zip Contact Name Telephone Number FAX Number Email Address #10-5581 23 ITS Template_04152010 16E3 Attachment 3: Vendor Submittal-insurance and Bonding Requirements Florida:"dA- .2.. .t,V d.' C'� `"�,:.�_x 9:S�•'� !R, L y.;. -.�g 1. ®Worker's Statutory Limits of Florida Statutes,Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ❑ Employer's Liability $ single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $500.000 single limit per occurrence ISO form 4. ®Indemnification To the maximum extent permitted by Florida law,the ContractorNendor/Consultant 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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant 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. 4. ® Automobile Liability $500.000 Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried In limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 6. ❑Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal.All #10-5581 24 ITB Template 04152010 t 6E3 checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award,and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner,provided,however,the surety shall be rated as`A•or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus,all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc.of 75 Fulton Street,New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County(or Airport Authority or Collier MPO). 11. ® Thirty(30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number #10-5581 25 ITB Template_04152010 16E3 . . �� Attachment 4 Vendor Submittal—Local Vendor Preference Ackninistnaive ServicesDivision Affidavit Purchasing Solicitation#and Title 10-5581 Purchase Oils,Lubricants&Fluids(Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑Collier County ❑Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A local business"is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing,a vendor shall not be considered a"local business"unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way.This may include, but not be limited to,the retention and expansion of employment opportunities,the support and increase to either Collier or Lee County's tax base,and residency of employees and principals of the business within Collier or Lee County.Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business"under this section. Vendor must complete the following Information: Year Business Established in❑Collier County or❑Lee County: Number of Employees(Including Owner(s)or Corporate Officers): Number of Employees Living in❑Collier County or❑Lee(Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑COLLIER COUNTY ❑LEE COUNTY Sworn to and Subscribed Before Me,a Notary Public,for the above State and County,on this Day of ,20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) /10-5581 26 ITS Template_0415201 0 16 E 3 78rr' Attachment 5 Ackrinblialke Servioeslon Vendor Submittal—Immigration Affidavit Purchasing Solicitation#and Title 10-5581 Purchase Oils, Lubricants&Fluids This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals(RFP) submittals. Failure to include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's proposal being deemed non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act MINA,) Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to abide by Collier County Employment Eligibility Verification System requirements regarding this solicitation. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced (Print or Type Name) as identification. (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees,as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. Collier County reserves the right,at any time,to request supporting documentation as evidence of the vendor's compliance with this sworn affidavit. Of 0-5581 27 RB Template 04152010 _ _ _ _ _ _ 16E3 Attachment 6: Vendor Submittal-Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive.Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Purchasing Agent listed on the first page or mail to:Collier County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation#and Title: 10-5581 Purchase Oils, Lubricants&Fluids ❑ Services requested not available through our company. El Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood(too vague, rigid, etc.) ❑. Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number • FAX Number Signature/Title Type Name of Signature Date: #10-5581 28 !TB Tempiate_04152010 __ 1 .6E3 3 Client*:19102 EVAEN ACORD,r • CERTIFICATE'OF LIABILITY INSURANCE °10/26/°012 10ur21R012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT:If the certificate holder Is an ADOMONAL INSURED,the polly(les)must be endorsed.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). PROCUCER anACT Sandra Hebert. Gulfshors Insurance•Naples r.an,239 211.5162 I T Net 239 213-7711 4100 Goodlette Road North "rAL shebf uifshoreinsurance.com • Naples,FL 34103-3303 "Tut 239 2614646 RSUPER(l WORDING COWRIES gm• 239 26 SISU IRA:HDI-Gerling America Insurance Evans Energy Partners LLC ribs Evans Oil Nguyen `Navigators Specialty Insurance Company;KC Transportation LLC mug=c:American,Insurance Company 3170 S Horseshoe Drive INSURER° Naples,FL 34104 awREle: INSURER F: COVERAGES CERTIFICATE NUMBER: • REVISION NUMBER: TIES IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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. LWITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTII L °°A TYPEOF'MURANO! �8t18R �ry 1 Bp� EO rNVO, FOLLCYRUe®t Laws A G®IERAL UANUTY EGGCD000054812 1010212012 10/0212013 EACH occumon ce 12,000,000 X COMMERCIAL ooNERAI Luewl. filat , °�,,,,rmesi s100.000 CLAM-MADE ©OCCUR MED ow Vey Dr Pte) $0 — -- PERSONAL a ADV INJURY :1,000,000 GENERAL AGGREGATE s2,000,000 • GERIAGGRE^LYATEpLpINIIAP^PUESPFR PRODUUCTS-COMP/OP AGO $2,000,000 POLICY .ICT I I IT LOC $ A AYiOYOSILE UAMUTY EAGCD000054612 10/021201210/02/2013 LA°T $2,000,000 XANY AUTO SCOLY INJURY(Pr pMw,) I ALL°moo AUTOS AUTOS WOLF INJURY(Parmoddenti.I X HMED AUTOS X AuN(1 INED I [Prr.add.a X*ics.ee tied X Weed Poll $ B UMMELLAUAS OCCUR NYI2EXC7637821C 10/0212012 10/02120131 EACH OCCURRENCE 15,000.000 X E=DESS UAS X CLAILF ...,r AGGREGATE $5.000,000 ow l XI RETENUON$0 _ $ C OMPENSANON WC2084390 10/02/2012 10102/2013 X I W „I I AND IMPLOYINE UARIU Y Y/N E WarCUnVe© NIA EL EACH ACCIDENT 11,000,000 EyyrrLM,, ,In EL DISEASE-EA EMPLOYEE$1,000,100 FOl1CAIPIION OF OPERATIONS Wow EL DISEASE-vale-r user 11,000,000 DESORPTION OF OPERATION//LOCATIONS/VEMCLE$Acrd,ACOaD 101.AddNkrd RrrrM ed,rddr,N nom moss Y,rquAM) includes Pollution Liability•Btoadened Coverage for Covered Autos-CA 9948. Supplemental Named.insureds:Evans Energy Holdings,LLC;E2 Real Estate,LLC;Evans Okeechobee,LLC Collier County Government Is Named as Additional Insured As Respects to General Liability Only as needed by contract • • CERTIFICATE HOLDER CANCELLATION Collier County Government SHOULD ANY OF THE ABOVE DESCRIBED MUMS as CANCELLED BEFORE • 3327 E Tamiaml Tr1 THE EXPIRATION DATE THEREOF, NOTICE WRLL BE DELIVERED IN .ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL' 34112 • AmoRaED REPRI IBITATNE • • • 019062010 ACORD CORPORATION.All right,reserved. ACORD 25(2010/05) 1 of• The ACORD name end logo are registered marks'of ACORD fS592t88/M581240 SJH ___ 1 6 E 3 . clan*NNW EVAEIN ACORAI CERTIFICATE OF LIABILITY INSURANCE °a" 9H211012 THIS CERTiFICAiE iS IBIIE AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFINWATNELY OR NEGATIVELY MEND,EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICES BELOW.THIS CERTIFICATE OF iNEIISANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORS= ATNE OR-PRODUCER,AND TIE CERTIFICATE HOLDER t• T .Elbe asrSEosb hoider is an ADDITIONAL INSURED,lie polka/pm)must be ardarssd If SUBROGATION II WANED,subject to —' tilii tonne and conditions of the policy,aortal peaces may require on endorsement:A sbsbansat on Ids osr011eats doss not tuna,rights to the fiats bolder In Mu of such.ndas susnEs). *R00 MP. Sandra Hebert Gullshors 230 213-7711 insurance t t 4100 bb aodl Road North :, ac 31-5112 31-5112 �i Ott,* Naples,FL 34103 3303 239261.1540 .$emus irAMMONCOMMIE EMC. uqunigA,HDI-01rlin0 America insurance BAD mums Navigators speoldty Insurance Evans Energy Partners LLC dba Evans Oil nw�c.Amnions Memnon Comperry Company;KC Transportation,LLC — . 3170 3 Horasshos Dr. issue a, Naples,Fl. 34104 sauna s: MINER P: . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS B TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED MOVE FOR THE POLICY PERIOD INDICATED. NOTINTHBTANDNXI ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCLae34T WITH RESPECT TO NISCH THIS MOTIVATE MAY BE ISSUED OR MAY RETAIN, THE.INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Mr AND CO DMONB OF SUCH POLICEES. LNYTB SHOWN MAY HOVE BEEN REDUCED BY PAID CLAIMS. LTiH" TVPSSPINSURANCE maven= AP;tagfrfreL Leers . A ! niu.LIABLnr BINDi RBII7111 09/13/2012 0811312013 EACH= HENCE $2,000,000 X rorsert aLaeneRALLIM JTY .mrrsl $100,000 I CLAIMIRAADE ©OCCUR NEC EEP(M ono pnrrd .10 _ PEnamw.auovwla;r $1,000,000 =NERALAO01l64TE $2,000,000 OBI'I.MC EATS LMT APPLES Pim PROOUCTa-comp AOO .2000.000 7 Pam n a n Lac $ I • WHIM BINDER507112 08H312012 00.131201 ax3LEIMT .2,000,000 ANYALrtO EODLY NARY{r.rpmon) $ ALL OWED IMPLYAAMfrvdd.� $ X IN AUTOS pi:MUM a' ® $ Poi MCa4u $ 5 UNIMMILIA UAI x =pi BINDEROO7113 08/1312012 091131013 BACH OCCURRIENDE , 000,000 Erich.wa LIURIV LACE AO.REeA16 $0.000.000 o® I XI RenanoNs0 $ C WHIM BINDERSO7588 08H312012 09/13/2013 X I ,>"ice I i µY Y f M© R/A AC EL EACH MT .1,000,000 t1Y.M.fr In EL mew-Er,EMPLOYEE.1.000.000 OPERATIONS Wow EL DIEM-POUCYLOaT 11,000,000 DiCeITidH OP O M R A T T 3 4 fl 0 C A T I O I a 1/MUCUS(Waft ACORD'N,Addabnd Rer.,b$inside;V ora.Glint roomy Attn:Facilities Mgmt-Contract 90741110-gasoline&diesel fuel contract.Collier County Government Board of County Commissioners is Named as Additional Insured As Raped*to General Liability per CG2010 07041 CG2037 0704 a Automobile Liability as needed by contract.MC080 Endorsement Included. CERTIFICATE HOLDER CANCEU.AiION Collier County Government Board SHOULD ANY OF TIE MOVE OlMCm-POLICIES NE CANCELED WCIB THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUYBIED IN E of County Commissioners ACCORDANCE WITH TIE' POLICY PNOWIIC$IL. 1 3301 E Tomlin(Td Naples,FL 34112 Dome innienrmin I "1:›L't e-il? 011154015 ACORD CORPORATION.AN rights reserved. ACORO 25 01 of 1 The ACORD noms and logo are registered marks of ACORD BM ___ _ 16E3 • CORO MOO EVAOI ACORD. CERTIFICATE OF LIABILITY INSURANCE ' °"""""'"' no comic=is nun AOArA'mOPM01WATmmu OILY AM COMM NO EMI aP01111110111OPIOA11110111111L MO ARM=0ai NOT APPIRER Y LY41111011AMILY NNW,EXMOOR A47RUNCO A NMCINMIPOtxEO 1111.04 MI CIIIRIFICAIX OPMNRIANOIOOuIINir iuim 1EACOMM=MEM1111 EOM.NEIRI■piAYINOMEm /� MI OR M10011CRR,AMINN CiRYl�1OA7!NOLOr4 tiitoOlMlwlrMti■Ite� Vsplgpcttraolbeamo■■l<U 11m101I11MouvRood+sods fas red es■rwlMlt of Om Moo ad*pMM Rog roniee■uedtna■a L A srie■anten 1ig11rtdu demo nstosatar VON Is Om esollei MOW ban of uado roams - Swift HAW 011dM11el■hw■Iltrr Ono • A. i2313N41ti1t jam 21021i.TTI1 4111141ssdls0u amid Noah Nano%.PL 341034303 -.- 23/2014141 WIN AInr1111r1■sw■rano- MOO Evens ON Cowpony LLf;Lams Won La C nMS1t■I Mr>IwM1 Evens rM■■.NMyIw>IMit4 islfaNs KCYII u.q RI U Long EqdP Nn LLC 3771 i.Hassdw■D1M Mol■le►AMIII11fs an10101COMpla Rohm FL 34114 .. briml I . rDAI■r . • Re COMlMM= OIRTIMOR11111 11111111011 MUM iNSA70CIF1IFFTHATTHE POLK=OF row=MID MOW WIVE MI MID TO iiNAlIJINMRDNOU1k■i11NPOMPO 00 tMIOATt$tdINmill'MOtgNK1 RO OMIMlOQIOMONO/NfCOMAIK.TORarIN1I00011rIfWIMI..TjwOiClii ciirri nit MYOE MID ORMAY•PIKTMI.1HE■IU PROUIP OIIOIC■YT iNPOLE/OOd=MOMI■W0170143111,11110, OdOiNI01NJYRIC01pT101MOP■1IC14POL1QLt1110M101■IYIlY11AM■■101 MOUND WYPAOMpse iFD4pl131119 I1IMII114M»1>leimlolrrrarla M.Mn.100 X colsessiK SRSrK�yIV JTY IW MOON OCCUR WIDOW Niw000mil 11.0011 emmutu■onann 011011.11111 ^Mn. ■I UN PROO■m•oM I■t MO 1G1►MiM1 N._A__ I Y !1'Wp112110 M'YJ01101fl OIOalw�all■t11R■r X WM'S N1e� t1J1L1110 _Irl.are=Ann rOtLYtlrrlrRle�1 t szonuo os taraYrlAr■/fllrerYe;t • i locoOorovom +ry►swmOwlss • • X Wald Penalise S • i _ InIMILIALMO �wept EFEEX:11 w1 3ni Mf121MI*waseaarrlDrrr t1LMR1M X°mach NI aa..woE AINIM■e: t1MUM t p1 M • C Dwoe■■PltnenY SRN ONEE011 mom X IEk,I IIIZ" ■m ri■eo■saaaaMrr 11i111�111 eg r...r opmarsil � `_pa- IE u1■■us-Palai►wr t1,OM011 • OMOOMPOON MP OP O etaaiso■ AMOUSOMMO ODUr eras � r w Indoths lrr.er. s...'.ro.sr.e Coeur County Owal■■uel lo Nomad as ANIMIoad Insured PA Iltlpool0 to Omni WERE only as_soled by • connect pr C1t01IS 07044 CO30371704. celtf19CATEROUNER fionommitips I33IPIE wain{ura K womma 101mws lrlMtr ■ARom mM wpm '� iiM ET■IeV■{M • Acoom Y itiMI N OPOUCrl1/URMN: Nllples,FL 34112 s2I tLstMol10��1 I1010iM0 AOOR1 CO11'�ORMION.An 1104r lead. 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AC010 M �iifM 7T421 CAI on The ACOIID now aid lop onIsslalardmks(SPAM WN • 16E ? , er couu,t, o' i N.r.d r A/dltle�.l bound As Il..r.e�is ow-rd tibadr p.r co�nO orot a COUR t &Aulomeidls thbngr r mead by unborn!MIN ddd.wn.nt bd.d.d. r •) • • • AMS*3 pima) 2 011477421/1M77421 16E3. `+.Y.,.. i . s IJ,J ..N ;G° I THIS ASSIGNMENT AND ASS 1' ®N AGREEMENT ("Assignment and Assumption Agreement") is made as of the day of.May, 2013, by and between EVANS ENERGY PARTNERS, LLC, a.Delaware '.• -. .liability company (the "Seller"), and the SEMTNOLE TRIBE of FLORIDA,INC.,a F-. -. corporation(the"Purchaser"). WHEREAS, Purchaser and Seller are :es to a certain Asset Purchase Agreement dated May ;j ,2013 pertaining to • •. . : y all of the assets of the Seller(the"Purchase Agreement");and WHEREAS, pursuant to the Purchase ' greement, Seller has agreed to assign certain rights and agreements to Purchaser,and ° :- has agreed to assume certain obligations of Seller. NOW,THEREFORE,in consideration • the premises,the mutual promises contained herein,and other good and valuable consideratio'. the receipt and sufficiency of which is hereby acknowledged,Seller and Purchaser hereby agree as follows: 1. Wit. Seller hereby assigns sells,transfers and sets over to Purchaser. (a) those. Contracts defined as "Assumed Contracts" in the Purchase Agreement; (b) all rights title and interest of the Seller in that certain Promissory. Note executed by in fav•r of Evans Oil Company,LLC in the original. principal and (c) all trade secrets, propri . information, transferable licenses, domain names, telephone numbers, fictitious • • and all other intellectual property of the Seller, including all books, records, c-. rates, registration,approvals, or applications for or relative to,and all of Seller's rights, ... e,benefits,privileges and interests in,any of the foregoing. Seller hereby represents - • warrants to Purchaser that.Seller has the full right,power and authority to effect the - -,.I evidenced hereby and to transfer title to the foregoing free and clear of all ,.. 2. Assumption. Purchaser hereby . ,. . the aforesaid assignment and assumes and agrees to observe and perform all of the duties,o ligation,terms,provisions and covenants,and to pay and discharge those liabilities specifi y defined as "Assumed Liabilities" in the Purchase Agreement. Purchaser hereby represen_ and warrants to Seller that Purchaser has the full right,power and authority to effect the 'on evidenced hereby. oE3 3. No Asstun tion. Any provision ,a to the contrary notwithstanding.Purchaser assumes only the Assumed Liabilities and does . assume any"Excluded Liabilities"as defined. in the Purchase Agreement,and the parties agree that all such Excluded Liabilities shall remain the sole responsibility of Seller. 4. Further Actions. Each of the part- covenants and agrees,at its own expense,to execute and deliver,at the request of the other r arty, such further instruments of transfer and assignment and to take such other action as other party may reasonably request to more effectively consummate the assignments d assumptions contemplated by this Assignment/Assumption Agreement 5. No Modification Intended. This Assignment/Assumption Agreement is made pursuant to the Purchase Agreement. Any pro ' on of this Assignment/Assumption Agreement to the contrary notwithstanding, this .Assignor., Assumption Agreement is not intended to supersede, modify, rescind, waive or otherwise affect any of the provisions, representations, warranties, covenants and agreements of the Se i er or the Purchaser set forth in the Purchase Agreement Capitalized terms used, but not therwise defined, herein have the meanings ascribed to them in the Purchase Agreement 6. Governing Law. This Assigim,,, Assumption Agreement shall be governed by and construed in accordance with the internal la• of the State of Florida,without regard to its conflicts of law principles. 7. Miscellmn ous. This Ass' • o . e;on Agreement shall be binding upon and inure to the benefit of Seller and Purchaser : o• their respective successors and assigns. This Assignment/Assumplion Agreement may be ex- in any number of counterparts, each of which,when executed,shall be deemed to be an 'ginal and all of which shall constitute but one and the same instrument. The recitals set out'above are hereby incorporated in this Assignment/Assumption Agreement In their a s ; as if fully set forth herein. [SIGNATURES APPEAR ON FOLLOWING PAGE] 2 • 16E IN WITNESS WHEREOF, Seller and Purchaser have executed this Assumption Agreement as of the date and year first written above. SELLER: EVANS ENERGY PARTNERS,LLC ii/.. By: /' -------„, y Askar,Managing Member ich PURCHASER: SEMINOLE,TRIBE OF FLORIDA,INC. Alf,/ • I_ ____, 't err anchez,Jr., i'....,*. 3