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Backup Documents 03/09/2010 Item #16E 1 16E\ 1 MEMORANDUM Date: March 19, 2010 To: Lyn Wood, Purchasing Contract Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #09-5273: "Generator Maintenance, Repair and Installation" Contractor: Power Pro-Tech Services, Inc. Enclosed is one original contract, referenced above (Agenda Item #16El), approved by the Board of County Commissioners on Tuesday, March 9, 2010. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosure (1) ,...-- ITEM NO.:.'!) ~ tiZG-OI S~l FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: March 9, 2010 To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist J'.r/" Po",h.,;o, De,artmeot. "",e",;oo 2667 (~ 16E 1 !! PJXTERECElVED: , 0): <b0.~ \ <VO ~,jfi ao V- & .~y11 gt ~ (Y( ~IJfllv s~-( 1:>1"$\\\0 Re: Contract: #09-5273 "Generator Maintenance, Repair and Installation" Contractors: IPower Pro-Tech Services, Inc. Metro Power Systems, Inc. Clean Fuel & Tank, Inc. ""3h"'\~\o l~ ~~\\V'or~ ,\0 \?<L.-- BACKGROUND OF REQUEST: j This Contract was approved by the BCC on March 9, 2010, Agenda Item 16.E.1 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: RECEiVED MAR 1 8 2010 Board fit County Commissioners Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Damon Gonzales, Facilities Management RLS # _1.Q 'l?eC'- 0\ ~ C\ J ~HEC~~EWING CONTRACTS 16 E ElltityName: \ C$ RC::r:fO_~c..b c:- p(U, c~ -nC ~s --~ Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Reqnired $ ~ Products/CompVOp Required $_:Sr>'\i \1. Personal & Advert Required $____. Each Occurrence Reqnired $ LN\i \ I ~rop Damage Reqnired $ '2rf'\i \ \ \3~ Automobile Liability Bodily Inj & Prop Reqnired $ \ 1fY\; \ \ Provided $ \ o('f:\ i \ \ WorkersCompensatioll E~~(.sL;~;+4- I""i\( Each accident ~d $ -~('1 Providctt:r \ f'r'\ \ \ \___ Disease Aggregate Required $ /1/....... -.-,,-J Provided $ _!.L.... .-_ Disease Each Empl Required $ ~__ Provided $~~ ~ Umbrella Liability Each Occurrence Aggregate Provided $ --'-! Does Umbrella sufficiently cover any underinsured portion? Professiollal Liability Each Occurrence Required $____ Provided $ ~_.__ Per Aggregate Reqnired $.__.~_ Provided $~__ Other Insurance ~.~ Each Occur Type: f=-Jr r~<;{ Reqnired $_~ Provided $ ~; \1. \ ,,,,b; ;\.v.. Connty required to be named as additiomd insured? ~ County named as additional insured? (-p1 0 Indemnification _ ./ Does indemnification meet County standards? ~_Yes Is County indemnifying other party? Yes Entity name correct on contract? Entity registered with FL Sec. of State? 1 No No ~YeS___No ~ ~ ~:: ~~~\l~ Provided $ Z.-., \ \ Exp. Date _9\ ~11) Provided $2....--'; \ \ Exp. Date ----':'..---'-: . Provided $lM',\ \. Exp. Date ____"----'-' Provided $ 1'(\, \ \ Exp. Date --"-.___'_.' Provided $ ~\L Exp. Date,. , ( Exp Date ~6\W b ExpDate_3\<t\, l Exp Date _~.-'-'. Exp Date ._,~_~, Provided$.9m; \l , ) Exp Date _ 6 \:lb t) Exp Date _'-!..____..! I ~es No Performance Bond Bond requirement referenced in contract? [fattached, expiration date of bond ___..~_~_.~ Does dollar amount match contract? Agent registered in Florida? Exp. Date Exp. Date Exp Date ~ 1 f t:> No No No 'L~~ Yes No Yes Yes No No Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: ______.__. Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? ~, ~ No No No No .~. ~---~~ ~~ --NO ~ Rov;e"",ln;(;'I". . ",,~i'I Date: _~._. ...1J ~V (j.1-COA-(J1 0 2 www.sunbiz.org - Department of State Page I of2 16E Home Contact Us E-FiHng Services Document Searches Forms Help Previous on List Next on List Return To List IEntity Name Search Submit I Events No Name History Detail by Entity Name Florida Profit Corporation POWER PRO-TECH SERVICES. INC. Filing Information Document Number P02000020241 FEI1EIN Number 010590478 Date Filed 02/2112002 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed t 0122/2007 Event Effective Date NONE Principal Address 240 CIRCLE DRIVE MAITLAND FL 32751 Changed 10/2612005 Mailing Address 240 CIRCLE DRIVE MAITLAND FL 32751 Changed 10126/2005 Registered Agent Name & Address BYRNE. ROBERT J 240 CIRCLE DRIVE MAITLAND FL 32751 US Address Changed: 10126/2005 Officer/Director Detail Name & Address Title TD BYRNE, ROBERT J 240 CIRCLE DRIVE MAITLAND FL 32751 Title PSD BYRNE. ROBERT J 240 CIRCLE DRIVE MAITLAND FL 32751 Annual Reports http://www.sunbiz.org/scripts/cordet.exe?action= D ETFIL&in'L doc _ number= P020000202... 3/18/2010 www.sunbiz.org - Department of State Page 2 of2 16Et Report Year Filed Date 2008 01108/2008 2009 04113/2009 2010 02117/2010 Document Images 10122/2007 -- Amendment View image in POFformat View image In POF format View image in POF format View irnage in pOP format VieW image in POF format View irnage in POF format View Image in POF format View image In POF format View image In POF format View image in POF format View image In PDF format View image In POF format View image In POF format 02/17/2010 -- ANNUAL REPORT 04/13/2009 -- ANNUAL REPORT 01/08/2008 -- ANNUAL REPORT 01/15/2007 -. ANNUAL REPORT 07/07/2006 -- ANNUAL REPORT 10/26/2005 -- REINSTATEMENT 06/03/2005 -- Amendment OS/26/2004 .. Amended and Resialed Articles 02/28/2004 -- ANNUAL REPORT 02/13/2003 ANNUAL REPORT 09/30/2002 -- Amendment 02/21/2002 -- Domestic Profrt Note: This is not official record. See documents if question or conflict PI~ViQJ.ls_ on List Next on List Return To List IEntity Name Search Submit I Events No Name History I i-lOllii'I Conli!;:! :,:, 'i ",'II: ~)p;lrC!IC'__ I ::,CI'Vi\lV, i i l)rlll'; ! liein : ( ':U,liljW dnd fin-/deV POliciC:;' U;!_.')'I ~;Ll'( Ullc'liCLJ, Dcpi.lrt.1 ,'Ii!;)1 Sr,:J:',' http://www.sunbiz.org/scripts/cordet.exe?action= D ETFIL&inCLdoc _number= P020000202... 3/18/2010 16E "1 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist .. j! ?LNY' ,. Purchasing Department 0 i l' DATE: March 9, 2010 RE: Review Insurance for Contract: #09-5273 "Generator Maintenance, Repair and Installation" Contractors: {Power Pro-Tech Services, Inc. Metro Power Systems, Inc. Clean Fuel & Tank, Inc. This Contract was approved by the BCC on March 9, 2010, Agenda Item 16.E.1 Please review the Insurance Certificates for the above referenced contract If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW C: Damon Gonzales, Facilities Management DATE RECEIVED MAR 1 0 2010 RISK IMWIIEIT 16E 1 mausen_9 From: Sent: To: Cc: Subject: RaymondCarter Tuesday, March 16. 2010 8:30 AM LynWood mausen_g; GonzalesDamon Contract 09-5273 "Generator Maintenance, Repair and Installation" All, I have approved the certificate of insurance provided by Power Pro Tech Services, Inc. for contract 09-5273. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray ~~ Manager Risk Finance Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a publiC records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. 1 16E 1 A G R E E MEN T 09-5273 for Generator Maintenance, Repair and Installation THIS AGREEMENT, made and entered into on this q-M day of IV\(l.."Lh 2010, by and between Power Pro-Tech Services, Inc., authorized to do business in the State of Florida, whose business address is 240 Circle Drive, Maitland, Florida 32751, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on January 12, 2010, and terminating on January 11, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide generator maintenance, repair and installation in accordance with the terms and conditions of Bid #09-5273 and the Contractor's proposal referred to herein and made an integral part of this agreement. The Contractor will be Primary with regard to the Annual Preventive Maintenance Program and emergency work. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Annual Preventive Maintenance Program pursuant to the quoted price offered by the Contractor as shown on Exhibit A, Collier County Generators 2009, incorporated herein by reference. Visual maintenance inspections shall be performed twice per year with a complete preventive maintenance service included with one (1) inspection. Awarded Contractor will provide a list of all sites to be inspected with proposed schedule of service. The schedule must be approved by each department or site designee. Service will be scheduled with the applicable departments by the Contractor. A forty-eight (48) hour notification is required before any work is to be performed. The Emergency Page 1 of7 16E 1 Generator PMI Fuel Tank Inspection form, attached hereto as Exhibit Band incorporated herein by reference, shall be completed for each generator once per year. All routine scheduled work will be done during the normal work day, 7:30 a.m. to 4:00 p.m., Monday through Friday, excluding County holidays. Routine scheduled work will be quoted by the Primary and Secondary contractors. Work may be quoted on a time and material basis, in accordance with Exhibit C, Rate Schedule, attached hereto and made an integral part of this Agreement, or on a lump sum basis. Emergency work will be performed on a time and material basis, in accordance with Exhibit C, Rate Schedule. The Primary shall be contacted first and if unable to respond in a timely manner, the Secondary shall be contacted. The Contractor shall supply the County with an emergency on-call telephone number and the same (or different telephone number) for routine repairs/new installation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. 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: Power Pro-Tech Services, Inc. 240 Circle Drive Maitland, FL 32751 Attention: Tom Britt, Director of Sales Telephone: 800-437-4474 Facsimile: 407-628-8919 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: 09-5273 Generator Maintenance, Repair and Installation Page 2 of7 16E 1 Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention; Steve Carnell, 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. 6. 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. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., 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. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. 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 for cause; further the County may terminate this Agreement 09-5273 Generator Maintenance, Repair and Installation Page 3 of7 16E 1 for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 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. Special Requirements: Collier County Government 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. 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 09-5273 Generator Maintenance, Repair and Installation Page 4 on 16E 11 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 14. 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. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #09-5273 Specifi- cations/Scope of Services, Addendum, Exhibit A, Collier County Generators 2009, Exhibit B, Emergency Generator PMI Fuel Tank Inspection, and Exhibit C, Rate Schedule. 16. 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. 17. 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, induding 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. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 09-5273 Generator Maintenance, Repair and Installation Page 5 of7 16E 1 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. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. , , , , 09-5273 Generator Maintenance, Repair and Installation Page 6 of7 16E 1 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST:. Dwight E. Brock; Clerk of Courts BY~I' ~ .- D",ed(S~chl~ Attest II.. a.e~ . 41~0II1.' ,~~. L-lJA - First Witness '1 ko..fn f/ /11 L) f /3'1"" L tTYP.' I print witness namet / /1 ,--j~ i/j-tf-;/ Second Witness -7- . f- Ir) r-.. /3,., f tType/print witness namet . County Attorney p..Jly c) uit f? Ua ~ Print Name 09-5273 Generator Maintenance, Repair and [nstallation BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:~_ <c~~ W ~. Fred W. Coy ie, Chairman . Power Pro-Tech Services, Inc. Contr~tor By:A~ {/ l Signature RQ~.tf J. &~{";t I P(N.lde,,;t Typed signature and title Page 7 of7 . . 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Q) U L. .>:: E ~ <1> ~ ~~ .r:: a! ~ Q) L. 0 Q) Q) ~ <1> U L. .... c .r::;$!. Ol .r:: <1> a. .r:: .r:: <1> t: :50 C1) c';:: ~o .r:: ~ .r:: .r:: ~ ~ ~ 0 L.OQ) (j)0 S ~ L. 0 ~n ~n (j) 0 u (j) (/).~ <l: U <l:u> - Q) - 0 ~ ~ N (") "<t L!) (!) I'- CX) Q) ~ ~ - _.~- -. 16E 1 EXHIBIT C Rate Sheet Items - Price to County Service Cost per Hour: Generator Teclmician $67.00jhr. Installation Cost per Hour: Generator Teclmical $67.00jhr. PartsjSubcontractor Percentage Above Cost 20% Round Trip Travel Charge Per Person $50.00 per trip 16E 1 ~ CERTIFICATE OF LIABILITY INSURANCE \ DATE (MMIODIYYYYl OPID NS 03/05/10 POWER-2 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cooper, Simms, Nelson & Mas ley ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 271 West Can ton Avenue HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1480 ALTER THE COVERAGE AFFORDED BY THE POLICIES 8ELOW. Winter Park FL 32790-1480 Phone: 407-644-8689 Fax:407'644-9934 INSURERS AFFORDING COVERAGE NAIC# INSURED h~>l'RE" ~ H",t.LHd F~~e Inoun""C~ 19682 ,'{s',mER:;; Massachusetts Bay Ins. Co. 22306 Power Pro-Tech Services, Inc. "l:,<JRL" Maxum Indemni ty COlltpany 240 Circle Drive HSL'hEF' ;:; lI",tfocj Und",,,,"'::"'l" In. Co 30104 Mai tland FL 32751 'NS'~REP [ Landmark American COVERAGES THE PO,-1CIE.S OF NSURANCE USTEO BEL 0',\' i'.A'iE 8EE~ :SSU[D TO THE INSURED NAMED "WivE: FOR THE POliCy PERICU .ljJl'':;;',~FD N,)""Wn.,SU.NOING Ar,y RE8UIREME'H TERM OR CO~JDIT:(iN (iF ,Aln U"rJTP"CT CiR OHlER C'OCUME"n WITH RE>Tb:l'O <NHIU< T ril.", CERTI~ leA TE WA\ 8e ISSUED OR M;'Y PERTAiN I HE I~,SURANCF ;.TFORCED BY THE f()L1CIES CES:RIBEU HEf<t:lr~ 100: 5U8JEC~ Tf 0 Ac L THE T[P~!", E/cuSI8"JS AND CONGiTIC'NS OF SL,Cf--; pn~ICIES ",GGREc:;;...TE LIMITS $HO'NN ~/AY H,'-\;E Bl.f.::r, FiEOUCED F'Y PAID CL,...IMS INSR ACD'L LTR INSRD TYPE OF INSURANCE GENERAL LIABILITY POLICY NUMBER POLICY EFFECTIVE poUCY EXPIRATION DATE (MMIDDtYYVY DATE MM/DDIYYYYI LIMITS X Per Pr?ject Aggre ;)PUD~'CTS. LJ)MPI(lP A(,G $1/000/000 $ 300,000 .10,000 , 1,000,000 ,2,000,000 " 2 , 000,000 A x COMMERCIAL GENERAL LlA8'LiT; 21CESOA9122 05/07/09 05/07/10 fACrl OCCURRENCE DAMAGE TO RENTED F'PEMISES iEa occurencel r)F,.' [j"rAr'von'O[>p,<on ~I'''S M,,['" X l-U~S:.H,AL &. A[)V Ih ,_'P" GEt<[FAL AGGr,CCJH GCHI. AGGRE',-oij,TF! !rt"T ;"h'LiES PER I"CLlC\ ~~!['T X Lee AUTOMOBILE LIABILITY B X M"V"L"'::;' ADJ869163802 05/07/09 05/07/10 COM81~~[[1 SIN':;U;; Irl'1l1 {i:;",ac;;der.t: , 1,000,000 U,\if\EC'AJT(\S BODIL{ :NjUR" iPer[JW$0r1 SCYEDU:fO f. nos X f-'IR"'C; Auras X .-H)I~-("''':NEJ ':'U-'-OS ifJ.IU><:r ac'~ d",nl', :Ji\MAGE a::;8<(l;;nt! ;\I.~'; CHJL'I LA ."-CCIC'EI'JT GARAGE LIABILITY E;.M;C S- ;,f-J,AL:U E<CH OC':URl-<ENI:E $ 5,000,000 ,5,000,000 EXCESS I UMBRELLA LIABILITY E X DU.I:" CL;'iMS Mf<0C LHA048750 05/07/09 05/07/10 AGsr,EC,;\T\:: Di:;:L>JC~lbU= D X RETErJTICN f.10 000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N ANY PRO"RIETORiP,oRH.Ekf::/EC l.- 1:\/[1 ':)FFICER/MEMBfR EXCLUDED? (Mandatory In NH) IfyesdesCnDelir1dl;r SF'ECIAL PROVISIONS below OTHER x ER EL DISEASE E", EMPLCYEE 1000000 ,1000000 ,,1000000 21WEPK8866 03/08/10 03/08/11 [.l EACH "C':IDnn EL D'SEASE POL"::" LIM1' E Excess Liability LHA048750 05/07/09 05/07/10 Per Occur A re ate $5,000,000 $5,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS RE: Contract 09-5273 Generator Maintenance, Repair & Installation The certificate holder is named as an additional insured in respect to the general liability coverages. *10 Days notice CERTIFICATE HOLDER of cancellation for non payment of premium. CANCELLATION COLLI01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 ~~~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Collier Coun ty Purchasing Dept. 3301 E. Tamiami Trail Naples FL 33412 All rights reserved, ACORD 25 (2009/01) ! S E 1 , MEMORANDUM Date: March 26, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Agreement #09-5273 "Generator Maintenance, Repair & Installation" Contractor: Clean Fuel & Tank, Inc. Attached is an original copy of the contract referenced above, (Item #16El) approved by the Board of County Commissioners March 9, 2010. The Minutes & Records Department has held the second original contract for the Board's record. If you have any questions, please contact me at 252-8406. Thank you. Attachment (1) REQUEST FOR LEGAL SERVICES 16 E 1 Ji\1MtTE!t REIt.EIVED: \:;Qllt,nV :\nORNty 7Q\Dl'Il',?22 Pr't2:41 ~ E> \l~ .-Ao( 'o{l ~ (-I ~-t t ~ ~ ~( Of) ~ "'') }r~ ) P'~tf ITEM NO.: FILE NO.: ROUTED TO: /!J -- pf< ~ -- O! 5 Cf7 DO NOT WRITE ABOVE THIS LINE Date: March 9, 2010 To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 J,^~) (JY~' G~ '\ ~$0-.. '"'$0/ Re: Contract: #09-5273 "Generator Maintenance, Repair and Installation" Contractors: Power Pro-Tech Services, Inc. Metro Power Systems, Inc. IClean Fuel & Tank, Inc. This Contract was approved by the BCC on March 9, 2010, Agenda Item 16.E.1 I BACKGROUND OF REQUEST: This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Damon Gonzales, Facilities Management ~~l~ ~\ '1-(\ to wWw.sunbiz.org - Department of State 16 E 1ge 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help No Events No Name History IEntity Name Search Submit I Previous on..bist Next 00 List RetYr!! To List Detail by Entity Name Florida Profit Corporation CLEAN FUEL & TANK, INC. Filing Information Document Number P06000143602 FEIIEIN Number 223947143 Date Filed 11/14/2006 State F L Status ACTIVE Effective Date 01/01/2007 Principal Address 4811 PALMETTO TERR ESTERO FL 33928 Mailing Address 4811 PALMETTO TERR ESTERO FL 33928 Registered Agent Name & Address MOTE, RANDY G PRES 4811 PALMETTO TER ESTERO FL 33928 US Name Changed: 02/04/2009 Address Changed: 02/04/2009 Officer/Director Detail Name & Address Title PO MOTE, RANDY 4811 PALMETTO TERR ESTERO FL 33928 TitleVD MANN-MOTE, KAMALA 4811 PALMETTO TERR ESTERO FL 33928 v/ Annual Reports Report Year Filed Date 2008 01/07/2008 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&il1~ doc ~ number=P06000 143... 12/23/2009 wWw.sunbiz.org- Department of State 1 6 E 1 Page 2 of 2 2009 02/04/2009 Document Images Q2L04/2009 -, "NNUALREJ'QRT 01/07/2008 ,,,ANNUAL REPORT 11/14/2006 =-Domestic Profit View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict-~l erevious on List Next oJ:Lbist ReturrtLC! List No Events No Name History IEntity Name Search Submit I I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I COPYI-ight and Privacy Policies Copyright eel 2007 State of Florida, Department of State, http://www.sunbiz.org/scripts/cordet.exe?actiol1=D ETFIL&inq doc numbcr= P06000 143... 12/23/2009 16 E 1 RaymondCarter From: Sent: To: Subject: Attachments: Cindy Rosenkranz [cindyr@fivecountyinsurance.comj Monday, March 22, 2010 1004 AM RaymondCarter FW: Clean Fuel & Tank SKMBT _C3601 0031812370.pdf Here you go! Cindy S. Rosenkranz, Account Executive Five County Insurance Agency, Inc. 14120 Metropolis Avenue, Fort Myers, FL 33912 (239)939-1400 ext 118 (239)939-3813 Fax ci ndvr@fivecountvinsurance.com From: Cindy Rosenkranz Sent: Thursday, March 18, 2010 1:43 PM To: 'raymondcarter@colliergov,com' Cc: 'randym@cleanfuelandtank,com' Subject: Clean Fuel & Tank Ray, Per our conversation, attached is the endorsement amending limits to $2M per occurrence. Please advise if you need anything further. Thanks Cindy S. Rosenkranz, Account Executive Five County Insurance Agency, Inc. 14120 Metropolis Avenue, Fort Myers, FL 33912 (239)939-1400 ext 118 (239)939-3813 Fax cind vr@fivecountvinsurance.com 16 E 1 MEMORANDUM TO: Ray Carter Risk Management Department , FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department ,I . ,..,- .j*i DATE: March 9, 2010 RE: Review Insurance for Contract: #09-5273 "Generator Maintenance, Repair and Installation" Contractors: Power Pro-Tech Services, Inc. Metro Power Systems, Inc. .IClean Fuel & Tank, Inc. This Contract was approved by the BCC on March 9, 2010, Agenda Item 16.E.1 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. OATE RECEIVED MAR , 0 2010 RISK ~ v-f /.k ~I?f{~' ?lz-Jro dod/LMW C: Damon Gonzales, Facilities Management 16 E 1 mausen 9 From: Sent: To: Cc: Subject: RaymondCarter Monday, March 22, 2010 10:50 AM LynWood mausen_9 Contract 09-5273 "Generator Maintenance, Repair and Installation" All, I have approved the certificate(s) of insurance provided by Clean Fuel and Tank, Inc. for contract 09-5273. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray ~ Cah.t.e.'IL Manager Risk Finance Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a publiC records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing 1 Elttity Name: HLSII_~O\5~-[7 CIIECKJ~OR REVIEWING CON~TS 16 E 1 C\eCtfl -t'\.>Eln...y\CLf\'L I ~ ~ ~'!.;:g -----Ves No No Entity name correct on contract? Entity registered with FL See, of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &lor Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $_ Products/Compl/Op Required $ ;2.."",: \ \ Personal & Advert Required $___ Each Occurrence Required $'2.(Y\~\ FirelProp Damage Required $ " ') Automobile Liability Bodily Inj & Prop Required $ \m; \L_ fVorkers Compensation &- Each accident Required $ - ( Disease Aggregate Required $_ ~n Disease Each Empl Required $_~___ Umbrella Liability Each Occurrence Provided $ ___~_ Aggregate Provided $_n_~_ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: __~ Provided $ Provided $ Provided $ Provided $ Provided $ /Yes -~ ~: =--~~~re~ v\(~ cI _~ __No '2-('f\~ \\ Exp. Date .I~ 2...1"tI. \\ Exp. Date ~ \ ~ \\ Exp. Date .. . 2...1'W"\~ Exp. Date II, . \ oD'J,l,.. Exp. Date I . . I No ProvIded $ \ YV\\ ~~p Date ~ ProvIded $ ~ Exp Date ProvIded $ IIJ( Exp Date ~__ ProvIded $ ~ Exp Date ___ Exp Date Exp Date ~_n Yes No Provided $ Provided $ Exp. Date Exp. Date Required $ n~n _ Provided $ Exp Date County required to be named as additional insured? County named as additional insured? ~~s Yes No No Indemnification Does indemnification meet County standards? Is County indemnifying other party? V<s Yes ~ Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond _ Does dollar amount match contract? Agent registered in Florida? Yes No Yes Yes No No Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: _.__ Chairman's signature block? Clerk's attestation signature block? County Attomey's signature block? ? ~ ~s /' ~ a.-'""Ye s v;;: No No No No No No No Attachments Are all required attachments included? No $ --&~i~wer Initials: . }J;}) Date:.. ~ IV 04-COA- 0 {1itYf 16E 1 A G R E E MEN T 09-5273 for Generator Maintenance, Repair and Installation qin. THIS AGREEMENT, made and entered into on this _ day of 111.-. lrl' h 2010, by and between Clean Fuel & Tank, Inc., authorized to do business in the State of Florida, whose business address is 4811 Palmetto Terrace, Estero, Florida 33928 hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on January 12, 2010, and terminating on January 11, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide generator maintenance, repair and installation in accordance with the terms and conditions of Bid #09-5273 and the Contractor's proposal referred to herein and made an integral part of this agreement. The Contractor is being awarded fuel polishing up to and over five hundred (500) gallons. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of fuel polishing pursuant to the quoted price offered by the Contractor as shown on Exhibit A, Rate Schedule, incorporated herein by reference. All routine scheduled fuel polishing will be done during the normal work day, 7:30 a.m. to 4:00 p.m., Monday through Friday, excluding County holidays. Emergency work will be performed on a time and material basis, in accordance with The Contractor shall supply the County with an on-call telephone number. Page I of8 16El Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. 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: Clean Fuel & Tank, Inc. 4811 Palmetto Terrace Estero, Florida 33928 Attention: Randy G. Mote, President Telephone: 239-209-4869 Facsimile: 239-495-9738 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 Attention: Steve Carnell, 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. 6. 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. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., 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 09-5273 Generator Maintenance, Repair and Installation Page 2 of8 16 E 1 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. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. 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 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. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 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 Liabilitv: 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. 09-5273 Generator Maintenance, Repair and Installation Page 3 of8 16E 1 The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Government 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 14. 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. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #09-5273 Specifi- cations/Scope of Services, Addendum, and Exhibit A, Rate Schedule. 09-5273 Generator Maintenance, Repair and Installation Page 4 of8 16 E 1 16. 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. 17. 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 quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 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. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon 09-5273 Generator Maintenance, Repair and Installation Page 5 ot'8 16 E 1 Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. , , , 09-5273 Generator Maintenance, Repair and Installation Page 6 of'8 16E 1 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i1a:te~~OL ~~)""h. . ,.t..... ..'~ . x.(',. ,! ~ bW ;J2._" /J/ke First Witness By: ~~ ~Co~rman Clean Fuel & Tank, Inc. Contractor By:.... _r~.....,..d. '_ '.. .-. /'?..-,....... ,.....," Signature Ie; rvJc~ /-l db,?/} - /Jlof,':.. ~n~t Second Witness ~,z.1 bolCJ()~ tType/print witness namet ~'7.J,. /to7-= /4.-..-.;~'d.,....;I- Typed sig ature and title Approved as to form and ~fiienk1~L ~i,;lll~ounty Attorney p....... I ~ t.ttJ< -U4e~ Print Name i- )' tt8rn # lLaU 09-5273 Generator Maintenance, Repair and Installation .'nda ~.q . WI , !l': :!,:~ 3 -.:6-001 f'~ec d (b~ Depu;:tl Page 7 of8 16f1 EXHIBIT A Rate Schedule Fuel Polishing Up To 500 Gallons $1.00/ gallon Fuel Polishing Over 500 Gallons $ .50/ gallon 09-5273 Generator Maintenance, Repair and Installation Page 8 of 8 01/25/2010 09:52 2399393813 FIVE COUNTY INS __TIlOIlAS AND CO ~S/~1~lli....!3g_786 0583 THOMAS & COMPAn WdUNE msuRANCE P.o. BOX 2630 FT. ID"US BEACH. FL 33932 GreatAmerican1nsutanee Company of New York c~rtI1i~te ofInsnrance 16E1 PAGE 02/02 ~003 Policy Number: OMH 495.63-74 Policy Term FlOJ,'l1: 01-01-10 To: 01-01-11 Named Insured and Add1'$s Clean Fuel & Tank, Inc. 4811 Palmetto Terrace Estero, FL 33928 Ship Repairet Legal Liability Limit Protection and Indemnity Limit Comprehensive General Liability Products-Completed Operaticms Limit Personal and Advertising lnjury Limit Fire Damage Limit Medical Expenses Limit General Aggregate Liroit(OIherthan )'rOductslCCl"pJoted Operutions) Llmitecl Pollution Coverage Endm:sement Anyone Qooum:nce Limit Hired & NOll-awned Auto $1,000,000 $1,000,000 $1,000,000'" $1,000,000 $1,000,000 $ 100,000 $ 2,500 $2.000,000 Ii 25,000 $2,000,000 $1,000,000 ' 'Certifical. 11016..- is listed .. acldttionaJ ilI>ured with re.p.... only fOT wotk performed by Cle"" Fuel & Tonk. ....~_I__~1rJ.i..,...__""""""""!l'"'II'~.._~_'I,.""._oO;IIJIT""---"'.--""'.....- ->IlM~~'"' 151-IOtnD ANY OF 1HE }l.OOVE D8SCRlBED POwcms BE CANCEU1!D 8E1'OIUl '1lIE llXPtMTION D....TE T\lEREOI', ']"M1Z IBSUING COMPANY wn.L El<PSAVOR "rOMAIL 10 OAvsWRrrTENNOTlCE TO TlI!lCER11F1CAnllOlDER N/l.MllD Colliet County TO TIolE LEfT Iltil"SAlLIJRE TO l\IAI1,. SOCll NoTlCB SHALk TMl'OSB NO 3301 Tamiami. Trail East 0llUGA1l0NS OR. UAIltLITY Q'f ANY KINIHJl'ON mE COIolPRlY, ITS A(Jl!NTS . OR R.P.PRESENTl'l'lVBS. Naples, FL 34112 -~ ~ID"_~ c....- Holder: AUTIlORlZllO IUlIR.ESEl'<"TATlYE ~ ---........,-_...,..~~ _"'"....--.u,...MI_...~M'........___,~..~........--...-~,..--.., . ,,~,.....,.............. V l/Ll.IlLV IV 0076407 ~ GREAVlMERlC4N INSURANCE GtlOUP ADMINISTRATJVE OFFICES 560 Walnul Street. CincInnatI, OH 45202 513.369.5000 www.OraatAmerK::anlnsurance.com GAl 2298 (Ed. 01 01) 16E1 OCEAN MARINE GENERAL ENDORSEMENT INCREASE GL LIMITS IT IS IIERZ1lY UNDERSTOOD AND AG11EED THE THE GENEIUIL LIAllILITY LIMITS ARE INCRASED PER OCCmuu:NCE AND PRODOCTS COMPLETED OPElIATION AGGREGATE . ALL OTHER 'l'ElU4S AND CONDITIONS REMAIN UNCHANGED. GAl 2298 (Ed. 01/01) (Page 1 of 1) AIVlI::NUI::U U1I:tUJ~U1U ~ GREA~ERJCAN INSURi\NCEtlROtJP ADMINISTRATIVE OFFICES 580 WBlnut Street. Cincinnati, OH 45202 513.369.5000 www.GreatAmerlcanlnsuranoe.com 16['1 0076407 GAl 2435 (Ed. 08 04) Policy: OMH 4956374 03 OCEAN MARINE COVERAGE LEVEL DECLARATIONS PAGE Named Insured: CLEAN FUEL & TANK INC Policy #: OMH 4956374 03 Polilcy Effective Date: 01/01/2010 Polley Expiration Date: 01/01/2011 Coveraae Marine Craft.Master Coverage-Form #GAI 2442 Limit of Insurance: Under all Sections of coverage under this polley combined, the most we will pay for any one occurrence will be: $ 2,000,000 Except, the following sub-limits will apply: Ship Repairers Legal Liability Limit Protection & Indemnity Limit Comprehensive General Liability Products/Completed Operations Aggregate limit Personal and Advertising Injury Limit Fire Damage Limit Medical Expense Limit General Aggregate Limit (Other than Products/Completed Operations Aggregate) limited Pollution Coverage Endorsement Marine Craft-Master Premium Miscellaneous Property Floater $ $ $ $ $ $ $ $ limits of Insurance 1,000,000 1,000,000 1,000,000 2,000,000 1,000,000 100,000 2,500 2,000,000 Premium $ 25,000 AS PER FORM Total Premium: $ $ $ 2,650.00 645.00 4,295.00 Location of covered operations: WITHIN THE STATE OF FLORIDA Except In the event of cencellatlon by this Company, the Minimum Earned Premium hereunder is: $500. Deductible for Ship Repairers Legal Liability: $ 1,000 GAl 2435 (Ed, 08/04) (Page 1 of 1) 16[1 .. J 05-23-2007 \,\"p ALEX SINK STATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: OS/23/2007 EXPIRATION DATE: N/A RANDY PERSON: MOTE FEIN: 223947143 BUSINESS NAME AND ADDRESS: CLEAN FUEL & TANK INC 4811 PALMETTO TER ESTERO FL 33928 SCOPES OF BUSINESS OR TRADE: 1- REPAIR SERVICE IMPORTANT: Pursuanl to Chapter 440 05(14), F.S., an officer of a torponlion who elects exemption horn Ihis chapler by filing I certificate 01 election under this section may not recover beneWs or compensation under this chapter. Pursuant to Chapler 440.05(12), F.S., Certificates of election to be exempt... apply only within the scope of Ihe business Of lrlde lisled on Ihe notice 01 election to be exempl. Parsunl to Chapler 440.051131. f.S., NotiCIIs 01 e.lection to be exempt and cerllflcltes 01 election 10 be exempt shall be subject 10 revocation ii, al any time alter Ihe filing of the notice or the issuBnce of the certificale. the person named on the oolice or certificate no longer meets the requirements of Ihis seclialt lor inDante 01 a certificlle. The depertment shall revoke a certlliute al any time lor failure of the person named on Ihe eerlifieate 10 meel the requirements 01 Ihis section. QUESTiONS? 1850) 413-16C OWC-252 CERTIFICATE OF ELECTiON TO BE EXEMPT REVISEO 09-06 PLEASE CUT OUT THE CARO BELOW AND RETAIN FOR FUTURE REFERENCE STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION NON-CONSTRUCTION INDUSTRY CERTIFICATE OF ELECTION TO BE EXeMPT FROM FLORIDA WORKERS' COMPENSATION LAW .c. " . ". F IMPORTANT o Pursuant to Chapter 440.05(14). F.S., an officer of a corporation who L elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this o chapter. H Pursuant to Chapter 440.05(2), F.S., Certificates of election to be E exempt... apply only within the scope of the business or trade listed on the notice of election to be exempt. R E Pursuant to Chapter 440,O5(13). F,S" Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if. at any time after the filing of the notice or the issuance of the certificate. the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. EFFECTIVE: OS/23/2007 EXPIRATION DATE: N/ A PERSON: RANDY MOTE FEIN: 223947143 BUSINESS NAME AND ADDRESS: CLEAN FUEL & TANK INC 4811 PALMETTO TER ESTERO, FL 3392B SCOPE OF BUSINESS OR TRADE: 1- REPAIR SERVICE QUESTIONS? 18501 413-1509 CUT HERE * Carry bottom portion on the job. keep upper portion for your records, OWC-252 CERTIFICATE OF ELECTiON TO BE EXEMPT REVISEO 09-06 e STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * NON-CONSTRUCTION INDUSTRY EXEMPTION 16E 1 05-23-2007 ALEX SINK CHIEF FINANCIAL OFFICER This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: OS/23/2007 EXPIRATION DATE: N/ A KAMALA PERSON: MOTE FEIN: 223947143 BUSINESS NAME AND ADDRESS: CLEAN FUEL & TANK INC 4811 PALMETTO TER ESTERO FL 33928 SCOPES OF BUSINESS OR TRADE: 1- REPAIR SERVICE IMPORTANT: Pursuant 10 Chllpter 440 . 05(14), f.S., an officer of a corporation who elects exemption from this chapter by filing a cllrtifiule 01 election under this section may nol recover benefits or compenntion under Ihis chapter. Pursuanl 10 Chapter 440.05021, F.S., Certificates III election to be exempt... apply only within the scope 01 the business or trade listed on the notice 01 election to be exempt. Pursuant to Chapter 440.05(131, f.S., Nolices of election 10 be exempt and certiliclItes of election 10 be exempt shall be subject 10 revocalion if, at any lime atter Ihe filing 01 the nOlite or 11Ie issuance of tile certificale, the person ntlmed on the notice or certificate no longer meels Ihe requirements of Ihis seclion lor Issuance 01 a. cerlilrcate. The department shall revoke a certilicate at any time lor failure 01 tlie person named on Ihe certificele to meet Ihe requirements 01 Ihis seclion. llUESTlONS? (8501 413-160 OWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISEO 09-06 PLEASE CUT OUT THE CARO 8ELOW AND RETAIN FOR FUTURE REFERENCE STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION NON-CONSTRUCTION INOUSTRY CERTIFICATE OF ELECTION TO aE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW .:' " . F IMPORTANT o Pursuant to Chapter 440.05(14). F.S., an officer of a corporation who L elects exemption from this chapter by filing II certificate of election under this section may not recover benefits or compensation under this D chapter. H Pursuant to Chapter 440.05(12), F.S., Certificates of election to be E exempt.. apply only within the scope of the business or trade listed on the notice of election to be exempt. R E Pursuant to Chapter 440.05(13), F.S., Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. EFFECTIVE: OS/23/2007 EXPIRATION DATE: N/A PERSON: KAMALA MOTE FEIN: 223947143 BUSINESS NAME AND ADDRESS: CLEAN FUel & TANK INC 48 J 1 PALMETTO TER ESTERO, Fl 33928 SCOPE OF BUSINESS OR TRADE: 1- REPAIR SERVICE llUESTIONS? (850) 413-1609 CUT HERE * Carry bottom portion on the job, keep upper portion for your records. OWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06