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Backup Documents 01/08/2019 Item #16C 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Coun Att rney Office no later than Monday preceding the Board meeting. ��n **NEW** ROUTING SLIP C E v Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and for%y�• oet tAttomey,Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management Risk anagement I he, 2. County Attorney Office County Attorney Office ‘7f4 1/11)) it- 4. BCC Office Board of County Commissioners \ry 4 \\\ e- '�/ 4. Minutes and Records Clerk of Court's Office \`, .� � 4)601(1 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHAS G Contact Information 239-252-8950 Contact/ Department Agenda Date Item was January 8,2019 Agenda Item Number 16.C. Approved by the BCC Type of Document CONTRACT Number of Original 2 Attached Documents Attached PO number or account N/A 18-7369 J.W. Cr , Inc. number if document is J.W. Craft, Inc. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable colu , ' ever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signatur STAMP OK N/A 2. Does the document need to be sent to another agency for addi ' nal signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phon on an attac d sheet. 3. Original document has been signed/initialed for legal sufficiency. (A ents to be AR 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 AR 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 AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/08/2019 and all changes made during '1 sµ" 'ot the meeting have been incorporated in the attached document. The County :®ttott for Attorney's Office has reviewed the changes,if applicable. ` Iu , 9. Initials of attorney verifying that the attached document is the version approved by the .�`nofi BCC,all changes directed by the BCC have been made, and the document is ready for the /� i ,n Chairman's signature. I 16C4 MEMORANDUM Date: January 14, 2019 To: Ana Reynoso, Purchasing Tech Procurement Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #18-7369, Portable Toilet Rental & Servicing Contractor: J.W. Craft, Inc. Attached, is an original copy of the contract referenced above, (Item #16C4) approved by the Board of County Commissioners on Tuesday, January 8, 2019. The second original contract has been held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16C4 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT 18-7369 for Portable Toilet Rental and Servicing THIS AGREEMENT, made and entered into on this ' day of , ,a1u91..c 20 1C) , by and between J.W. Craft Inc. authorized to do business in the State of Florida, whose business address is 4329 Enterprise Avenue, Naples, Florida 34104 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing 1■1 upon the date of Board approval on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. 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(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a 0 Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I I Request for Proposal (RFP} ■ Invitation to Bid (ITB) Other ( ) # 18-7369 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C4 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 n The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3.3 The procedure for obtaining Work under this Agreement is outlined in Other Exhibit/Attachment: 3.4 • The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): l .. . .. - •-- : • .. e e _ '-e • e e - - transferred from the County to the contractor; and, as a business practice there are no hourly or material invoiccc presented, rather, the contractor must perform to the is authorized. n time spent by the contractor's employees and subcontractors to perform the work(number materials plus the contractor's markup). This methodology is generally used in projects in of hours worked and billing rate by position (and not company (or subcontractor) ' - --'Z-'_.- e .. _. - e...... , •�......e -e...:"-• •- ... - ,--.C e •- -...... -- Y.Y. -. ■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C4 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for 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 the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 ( _--_ _ ,: _ : — _ _ .. - :•..., . . . , . • -:. 3 - , - -• Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed ac per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mil age $0.44.5 per mile Bro kf st $$6,,,00 vrcr ares..sc ala $x4-90 iec $4 Q0 Ai"rfa"re '--•,—e e e. . Glass-fare Rental car Actual rental--Gest limited to compact or with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine _ . _: . - _ _» ...:_ - long distance charges, fax charges, photocopying charges and postage. Reimbursable responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.]) 16C4 Company Name: J.W. Craft, Inc. Address: 4329 Enterprise Avenue Naples, Florida 34104 Authorized Agent: Jennifer Corrigan, Vice President/Owner Attention Name & Title: Telephone: 239-261-5768 E-Mail(s): JenniferAjwcraft.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Dan Rodriguez Division Name: Facilities Management Address: 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112-5356 Administrative Agent/PM: Amanda Condomina Telephone: 239-252-8380 E-Mail(s): Amanda.Condominac colliercountyfl.gov 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. 7. 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. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. 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. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 16C4 9. 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 Agreement 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. 10. 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 the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. • Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate 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. Page 5of17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 16C4 • . . . — this insurance. Such insurance shall have limits of not less than $ each : Coverage shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify 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 Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, 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. Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) i 16C4 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. 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. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RF-P/ n ITB/❑ Other #18-7369 , including Exhibits, Attachments and Addenda/Addendum, U subsequent quotes, and ■ Other Exhibit/Attachment: Exhibit I-Federal Contract Provisions and Assurances 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. 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. 19. 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, as amended, 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 Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C4 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 16C4 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. U■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor 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. 25. [ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 16C4 particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. II TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. 11 PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C4 upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. 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. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. 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. 33. VENUE. 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. 34. • - - _. - ._ .. -- - . The Contractor shall make commercially reasonable efforts to notify Collier County within personnel. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 16C4 AGREEMENT STAFFING.The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ORDER—OF—PRECE -• . -e' - =" • -, e •.... - .- .. „- A. -• . . . - precedence over the Agreement. To the extent any conflict in the terms of the Contract �.. ...,.. ,.-........ --e e- - e -e s . se e.......e , _ ,.-• - -=..w...r ,.._ _ , e -- *- -, , 2- - - .--ee .- - - - obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.]) 16C4 County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 38. 11 SAFETY. All Contractors and subcontractors 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. Also, all Contractors and subcontractors 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. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1604 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF P o U a_..Y COMM • m RS COLLIER '`OU FLORI' ' / Crystal K. Kinzel, Clerk& Comptroller By: !I 1 • a - By: ndy Solis, Esq. , Chairman Dated: — .,-,--,A.1)1:11 (SEAL)'" ' signature Daly. J.W. Craft, Inc. Contractor's Witnesses: Contractor DBA 11- . C ltractor's First Witness illk Sig, -ture 1',t,A/.c4,4-,tri- ,. i '.a _ I . TType/print signature and titleT TT :-/p " it ess nameT oro " Second Witness _ TType/print witness name Apprived s to F rm -nd Legality: *PDF,. Co ty Attorney Item# \LeL i Print ame Agenda lin Date l�� Date i.—11+1 Recd Deputy Cfer 4 IN 0 Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.I) 16C4 Exhibit A Scope of Services ❑■ following this page (pages 1 through 3 ) n this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 16C4 18-7369 STATEMENT OF WORK The county representative or designee will issue a written request for all work to be performed by the Contractor and request that services be provided within one (1) calendar day. The County reserves the right to request quotes or bids from other vendors following the Board's Procurement Ordinance if the Contractor is unable to provide services. 0 16C Exhibit A SCOPE OF SERVICES AWARD The County representative or designee will issue a written request for all work to be performed by the Contractor for the line items awarded, as indicated in Exhibit B — Fee Schedule and request that services be provided within one (1) calendar day. The County reserves the right to request quotes or bids from other contactors following the Board's Procurement Ordinance if the Contractor is unable to provide services. REQUESTED UNITS/SERVICES It is preferred that there be no required minimum period of rental time for any units; and no minimum number of units be required for delivery. The inside of the unit shall be thoroughly sanitized and deodorized. The Contractor shall supply all toilet paper. The Contractor should be able to supply the units below: • Standard Portable Toilet Rental Unit— a complete self-contained chemical toilet in a fiberglass shelter. • Handicap Portable Toilet Rental Unit— a complete self-contained chemical toilet in a fiberglass shelter meeting all ADA requirements and guidelines, latest editions. • Handwashing Station — a separate stand-alone sink • Mobile Shower • Mobile Restroom Facilities • Servicing of rental units — cleaning and pumping out (thoroughly until empty) a minimum of one time per week or as requested by Collier County. Typically, services will be requested and completed during normal business hours; this is classified as routine services. The County may request services during afterhours as deemed necessary by the County Representative and/or designee. Normal business hours are considered Monday through Friday between 7:00 AM and 5:00 PM. Afterhours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday, Sunday or County Observed Holiday as listed below. New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day Page I 1 Types of Services: 1 6 C 4 Routine Services: The County representative or designee will issue a written request for all work to be performed by the Contractor for the line items awarded, as indicated in Exhibit B — Fee Schedule and request that services be provided within one (1) calendar day, unless otherwise directed by the County representative or designee. Urgent Services: The County representative or designee will issue a written request for all work to be performed by the Contractor for the line items awarded, as indicated in Exhibit B — Fee Schedule. The County requires a response to any urgent request within two (2) hours of initial contact. The Contractor will be required to be mobilized and on site within six (6) hours of the Contractor's response to the County. An urgent flat rate fee of $50.00 will be allowed. After Hours Services: The County representative or designee will identify the needed unit and request that be completed as soon as reasonably practicable. The County representative or designee may direct the Contractor to commence work through a written communication. Subcontractors: Subcontractors will be allowed however the Contractor will not be allowed any markup for such services. In the event when the Contractor does not fulfill these response requirements, the County reserves the right to request quotes or bids from other contractors following the Board's Procurement Ordinance. CONTRACTOR'S RESPONSIBILITIES The Contractor shall furnish all necessary qualified labor, materials, equipment, tools, parts, consumables, transportation, skills, and incidentals required for the delivery, set up, servicing and breakdown of all rental units. Historically, during a declared state of emergency, Collier County utilized approximately 250 rental units. Contractor must be able to meet high demand of rental units during a declared state of emergency. On-call Schedule: The Contractor will provide an on-call schedule twenty-four (24) hours a day, seven (7) days a week. The Contractor shall provide the County with an on-call telephone number(s). The Contractor will maintain sufficient personnel to accomplish County's demand and secure qualified supplemental labor in event of an emergency. Designated Contact: The Contractor shall appoint a person or persons to act as a primary contact for all County departments. This person or back-up shall be readily available during normal work hours by phone or in person and shall be knowledgeable of the terms and procedures involved. Page I 2 16C4 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.]) 16C4 18-7369- Fee Schedule Portable Toilet Rental and Servicing Line Item Description Unit Rate 1 Standard Unit- Daily Rate $ 85.00 2 Standard Unit-Weekly Rate $ 85.00 3 Standard Unit- Monthly Rate $ 115.00 4 Handicap Unit- Daily Rate $ 150.00 5 Handicap Unit-Weekly Rate $ 150.00 6 Handicap Unit-Monthly Rate $ 225.00 7 Handwashing Station-Daily Rate $ 85.00 8 Handwashing Station-Weekly Rate $ 85.00 9 Handwashing Station-Monthly Rate $ 115.00 10 Mobile Shower- Daily Rate $ 300.00 11 Mobile Shower-Weekly Rate $ 300.00 12 Mobile Shower- Monthly Rate $ 700.00 13 Mobile Restroom Facility- Daily Rate $ 1,400.00 14 Mobile Restroom Facility-Weekly Rate $ 2,000.00 15 Mobile Restroom Facility- Monthly Rate $ 7,000.00 Line items 1-15 are all inclusive. An urgent flat rate of$50.00 will be allowed in the event the County requires a two (2) hour response time. Subcontractors are allowed, however,there will be no markup for such services. 16C4 Other Exhibit/Attachment Description: Exhibit I Federal Contract Provisions and Assurances fel following this page (pages 1 through 9 ) n this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract(including a purchase order). Compliance with Federal Law,Regulations and Executive Orders:The Sub-Recipient(County)agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information,documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. OHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. EXHIBIT I-1 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 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. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination.The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the County must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials(§200.322) (Over$10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements;or(iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpq- program Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I-2 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6)Requiring the prime contractor, if subcontracts are to be let,to take the affirmative steps listed in paragraphs(1)through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4. During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity,or national origin.Such action shall include,but not be limited to the following: Employment, upgrading,demotion,or transfer, recruitment,or recruitment advertising;layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. EXHIBIT I-3 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction,the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. EXHIBIT I-4 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1)through(4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it,will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over$150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3)The contractor agrees to report each violation to the County and understands and agrees that the County will,in turn,report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over$100,000): Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. EXHIBIT I-5 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms,Conditions,and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement,a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge,the grant requirements identified in this document. Vendor/Contractor Name Date CO\t‘.:CA 43 Authorized Signature EXHIBIT I 6 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBAREMENT+:SUSPENSION INELIGIBILITY arta VOLUNTA Y EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTRACTOR By: 4fra S° ure Name and Title i3zq GIN.Aercsr-bse oh. Street ddress City, t e, p DUNS Number Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: Z0001 FEMA Project Number: 4337DRFLP0000001 EXHIBIT I-7 1604 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status wiM be verified Um:erifable statuses vats require the PR IME to Miter proivde a revised statement or provide source documentation that validates a status A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEW NUMBER CONTRACT DOLLAR AMOUNT IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED. VETERAN y N is THE ACTIVITY OF THIS CONTRACT. MINORITY OP WOMEN BUSINESS ENTERPRISE? DBE? Y CONSTRUCTION? Y N (DBE/MBE/MEI OR HAVE A SMALL DISADVANTAGED BVSI N ESS SC CERTIFICATION FROM THE SMALL BUSINESS MBE? Y CONSULTATION? Y N ADMINISTRATION? A SERVICE DISABLED VETERAN? WOE? Y OTHER? Y N SCO BA? Y IS THti SUBMISSION A REVISION? y N F YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORT(OR ETHNICITY COOS SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below) OOU.AR AMOUNT DOLLARS � 1 M � TOTALS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER EMAIL ADDRESS OF PRIME ISt1BNBTTfR) TELEPHONE NUMBER FAX NUMBER Ccs.- 'nCk 7 . t s NOTE:This information is used to track and report anticipated DBE or MBE participation in federaNy-funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms This form must be submitted at time of response to a solicitation tf and when awarded a County contract,the prime will be asked to update the information for the grant compliance ides. smart t + Black American BA Hispanic American HA Native American NA SuEcont.Asian Amencan SAA Aria 4aciricAmedcan APA Non-Minority Women NNW other:not of any other group I"tsted 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT vlIFB/ItfPorPO/REO} GRArtt PROGRAM/CONTRACT ACCEPTED BY: DATE EXHIBIT I-8 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be ffebrifitted with eactibid Of offer e c t ll 1410 oo0 The undersigned [Contractor]certifies,to the best of his or her knowledge,that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment, or modification of any Federal contract,grant, loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions, 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq.,apply to this certification and disclosure, if any. f L i Contractor(Firm Name) 4114111 Signatur- + F ntr. or's Authorized Official Name and Title of Contractor's Authorized Officia Date EXHIBIT I-9 16C4 ACCPRE, CERTIFICATE OF LIABILITY INSURANCE DAT ) E/26/2018 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(ies) must have ADDITIONAL INSURED provisions or 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 (OR) Heffernan Insurance Brokers PHONE FAX 5100 SW Macadam, Suite 440 IA/c.No.EXtt: 503-226-1320 (NC,No):503-226-1478 E-MAIL Portland OR 97239 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:ALLIED Property and Casualty Insurance Company 42579 INSURED JWCRAFT-01 INSURER B:Allied Insurance Company of America 10127 J.W. Craft, Inc. 4329 Enterprise Ave. INSURER C: Naples FL 34104 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1430612099 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 LTR INSD WVD POLICY NUMBER DDL SUBR POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE (POLICY EFF (POLICY EXY)P A X COMMERCIAL GENERAL LIABILITY Y ACP3018187322 5/26/2018 5/26/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X PRO- LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y ACP3018187322 5/26/2018 5/26/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPR IETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A GL Pollution CG7244 ACP3018187322 5/26/2018 5/26/2019 Each Occurance 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Job#18-7369,Portable Toilet Rental&Servicing.Collier County Board of County Commissioners is included as an additional insured(primary and non-contributory)on General Liability policy and additional insured(and primary)on Automobile Liability policy per the attached endorsements,if required. Cancellation notice endorsement for General Liability and Automobile Liability policies is attached,if required. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 16C AcoRDCERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `••--� 09/05/2018 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(ies) must have ADDITIONAL INSURED provisions or 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 NAME: Lockton Companies for CoAdvantage PHONE (866) FAX 444 West 47th Street#900 (A C,No,Eat): 854-5423 (A/C,No): E-MAIL coadvanta e. i Kansas City,MO 64112 ADDRESS: co @ g com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: American Zurich Insurance Company 40142 INSURED INSURER B: CoAdvantage Corporation Alt.Emp:J.W.Craft,Inc. 3350 Buschwood Park Drive#200 INSURER C: Tampa,FL 33618 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:18FL090959645 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 SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER SIMM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) _ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILYINJURYP $ AUTOS ONLY AUTOS ( eraccident) HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ DED RETENTION$ $ I WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N/A WC 56-11-942-04 04/01/2018 04/01/2019 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Location Coverage Period: 04/01/2018 04/01/2019 Client# P565931-FL DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) J.W.Craft, Inc. For any and all work performed on behalf of Collier County. Coverage is provided for 4329 Enterprise Av only those co-employees of,but not subcontractors Naples, FL 34104 to: CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3295 Tamiami Trail East THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Naples, FL 34112 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE laste, //�M v4,21616 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are recaistered marks of ACORD 16C4 COMMERCIAL GENERAL LIABILITY CG 72 44 07 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA - LIMITED POLLUTION COVERAGE - JOB SITES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Pollution Incident Limit $ Pollution Liability Aggregate Limit $ Property Damage Deductible $ Each Pollution Incident Premium $ (If no entry appears in the space above for property damage deductible, no deductible applies to the coverage provided by this endorsement.) A. The following is added to COVERAGES No other obligation or liability to pay (Section I): sums or perform acts or services is COVERAGE D. LIMITED POLLUTION covered unless explicitly provided for COVERAGE under SUPPLEMENTARY PAYMENTS. 1. Insuring Agreement. b. This insurance applies to "bodily injury", a. We will pay those sums that the insured "property damage", and "environmental becomes legally obligated to pay: damage"only if: 1) As damages because of: 1) The "bodily injury", "property damage", or "environmental a) "bodily injury"; or damage" arises out of a "pollution b) "property damage"; or incident": 2) As "clean-up costs" because of a) on or from your "job site" in the "environmental damage" which "coverage territory"; directly results from physical injury b) that it is demonstrable as be- to tangible property; ginning and ending within 72 to which this insurance applies. We will hours of the "pollution incident"; have the right and duty to defend any and "suit" seeking these damages. We may c) that it is accidental. at our discretion investigate any 2) The "bodily injury", "property "pollution incident" and settle any claim damage", or "environmental or"suit"that may result. But: damage" occurs during the policy 1) The amount we will pay for period. damages and "clean up costs" is c. Damages because of "bodily injury" limited as described in SECTION III include damages claimed by any person - LIMITS OF INSURANCE of this or organization for care, loss of services, endorsement; and or death resulting at any time from the 2) Our right and duty to defend end "bodily injury". when we have used up the applicable limit of insurance in the payment of judgments, settlements, or"clean-up costs". CG 72 44 07 08 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 4 16C4 CG 72 44 07 08 2. Exclusions. 4) Property loaned to an insured; or The insurance provided by this endorse- 5) Personal property in the care, ment does not apply to: custody or control of an insured. a. "Bodily injury", "property damage", or f. "Bodily injury", "property damage", or "environmental damage" expected or "environmental damage" included within intended from the standpoint of the in- the "products-completed operations sured. hazard". b. "Bodily injury", "property damage", or g. "Bodily injury", "property damage", or "environmental damage" for which the "environmental damage" arising out of insured is obligated to pay damages by the ownership or operation of any off- reason of the assumption of liability in a shore facility as defined in the Outer contract or agreement. This exclusion Continental Shelf Lands Act Amend- does not apply to liability for damages ment of 1978 or any deepwater port as that the insured would have in the defined in the Deepwater Port Act of absence of the contractor agreement. 1974 as amended or as may be c. Any obligation of the insured under a amended. workers' compensation, disability ben- h. "Bodily injury", "property damage", or efits or unemployment compensation "environmental damage" arising out of a law or any similar law. "pollution incident" on or from a "job d. "Bodily injury"to: site" or any part of a "job site" that is, or 1) An employee of the insured arising was at anytime, used by you for the out of and in the course of: storage, disposal, processing or treatment of waste materials. a) employment by the insured; or i. "Bodily injury", "property damage", or b) performing duties related to the "environmental damage" arising out of conduct of the insured's the ownership, maintenance, use or business entrustment to others of any aircraft, 2) The spouse, child, parent, brother or "auto," rolling stock or watercraft owned sister of that employee as a or operated by or rented or loaned to consequence of(1) above. any insured. Use includes operation This exclusion applies: and "loading or unloading". 1) Whether or not the insured may be This exclusion does not apply to "bodily liable as an employer or in any other injury", "property damage", or "en capacity; and vironmental damage" arising out of the operation of any of the equipment listed 2) To any obligation to share damages in paragraph f.(2) or f.(3) of the definition with or repay someone else who of"mobile equipment" (Section V.). may pay damages because of the injury. j. "Bodily injury", "property damage", or "environmental damage" arising out of e. "Property damage", or "environmental damage"to: the emission, discharge, release or escape of drilling fluid, oil, gas, or other 1) A"waste facility"; fluids from any oil, gas, mineral, water or 2) Property you own, rent or occupy geothermal well. now or at any time in the past; k. "Bodily injury", "property damage", or 3) Premises you sell, give away or "environmental damage" arising out of a abandon, if the "property damage" "pollution incident" which results from or arises out of any part of those is directly or indirectly attributable to premises; failure to comply with any applicable statute, regulation, ordinance, directive or order relating to the protection of the environment and promulgated by any governmental body, provided that failure Page 2 of 4 Includes copyrighted material of ISO Properties, Inc., with its permission. CG 72 44 07 08 6C4 CG 72 44 07 08 to comply is a willful or deliberate act or C. SECTION III - LIMITS OF INSURANCE is omission of: amended as follows: 1) An insured; or 1. Paragraph 1 is replaced by the following: 2) You or any of your members, 1. The Limits of Insurance shown in the partners or executive officers Declarations and this endorsement and I. "Bodily injury", "property damage", or the rules below fix the most we will pay "environmental damage" arising out of regardless of the number of: acid rain. a. Insureds; m. "Bodily injury", "property damage", or b. Claims made or"suits" brought; or "environmental damage"arising out of: c. Persons or organizations making 1) The transportation of "mobile claims or bringing "suits", equipment" by an "auto" owned or 2. Paragraph 2. is replaced by the following: operated by or rented or loaned to any insured; or 2. The General Aggregate Limit is the most we will pay for the sum of: 2) The use of"mobile equipment" in, or while in practice or preparation for, a. Medical expenses under Coverage a prearranged racing, speed or C; demolition contest or in any stunting b.Damages under Coverage A, ex-cept activity by an insured. damages because of "bodily injury" n. Any loss, cost or expense arising out of or "property damage" in-cluded in any request, demand or order by a the "products-completed operations governmental body that any insured or hazard"; others test for, monitor, clean-up, re- c. Damages under Coverage B; and move, contain, treat, detoxify or neu- d.Damages under Coverage D. tralize, or in any way respond to, or 3. The following is added: assess the affects of "pollutants" at any site which is included or proposed for 8. Subject to 2. above (the General inclusion on a governmental body's Aggregate Limit) the Pollution Liability clean-up priority list, such as but not Aggregate Limit is the most we will pay limited to, USA/EPA's NPL listing. for the sum of: o. "Bodily injury" or "property damage" a. All damages because of all "bodily arising out of heat, smoke or fumes from injury"and "property damage" and a hostile fire. b.All "clean-up costs" incurred be-cause As used in this exclusion, a hostile fire of all "environmental dam-age"; means one which becomes uncontrol- arising out of all "pollution fable or breaks out from where it was incidents". intended to be. 9. Subject to 2. above (the General Ag- p. Any multiple, punitive or exemplary gregate Limit) and 8. above (the damages Pollution Liability Aggregate Limit) the q. "Bodily injury" or "property damage" or Each Pollution Limit is the most we will from any of "your job sites", on which pay for: any insured or any contractor or a. All damages because of all "bodily subcontractor working directly or indi- injury"and "property damage"; and rectly on any insured's behalf are per- b. All "clean-up costs" incurred forming operations if the pollutants are because of all "environmental not brought on or to "your work site" by damage"; such insured, contractor or subcon- arising out of any one "pollution tractor. incident". B. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended to: SUPPLEMENTARY PAYMENTS — COVERAGES A, B AND D. CG 72 44 07 08 Includes copyrighted material of ISO Properties, Inc.,with its permission. Page 3 of 4 16C4 CG 72 44 07 08 Deductible "Environmental damage" means the injurious 1. Our obligation under this endorsement to presence of "pollutants" in or upon land, the at- pay damages for "property damage" or mosphere, or any water course or body of wa- "clean-up costs" because of "environmental ter. damage" on your behalf applies only to the "Pollution incident" means the actual or alleged amount of damages or "clean-up costs" in emission, discharge, release, or escape of excess of any deductible amount stated in "pollutants" from your "job site" provided that the schedule of this endorsement as appli- such emission, discharge, release, or escape cable to Each Pollution Incident. Neither the results in "environmental damage". All "bodily Each Pollution Incident Limit nor the injury", "property damage" and "environmental Pollution Liability Aggregate Limit will be damage" arising out of one emission, discharge, reduced by the application of such release or escape shall be deemed to be one deductible amount. "pollution incident". 2. The terms of this insurance, including those "Pollutants" means any solid, liquid, gaseous or with respect to: thermal irritant or contaminant, including smoke, a. Our right and duty to defend any "suits" vapor, soot, fumes, acids, alkalis, chemicals and seeking those damages; and waste. Waste includes materials to be recycled, b. Your duties in the event of a "pollution reconditioned or reclaimed. incident", claim or"suit"; "Waste facility" means any site to which waste apply irrespective of the application of the from the operations of "your work site" is legally deductible amount. consigned for delivery or delivered for storage, disposal, processing or treatment, provided that 3. We may pay any part or all of the deductible such site is not and never was owned by, rented amount to effect settlement of any claim or or loaned to you. "suit" and, upon notification of the action "Job site" means any site or location on which taken, you shall promptly reimburse us of you or any contractors or subcontractors such part of the deductible amount as has working directly or indirectly on your behalf are been paid by us. working. "Your job site" does not include any D. Paragraph 4., Other Insurance of CONDITIONS premises, site or location which currently is or (Section IV) is amended as follows: was, at the time you or any contractors or sub- All references to Coverages A or B are contractors working directly or indirectly on your amended to read Coverages A, B or D. behalf were working on such premises, site or E. The following definitions are added to SECTION location, owned or occupied by or rented or V- DEFINITIONS: loaned to you. "Clean-up costs" means expenses for the removal or neutralization of"pollutants". All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 Includes copyrighted material of ISO Properties, Inc.,with its permission. CG 72 44 07 08 1604 COMMERCIAL GENERAL LIABILITY CG 73 23 12 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage D. Expanded Property Damage Coverage 1. Under Section I — Coverages, Coverage A 1. For the purposes of this endorsement only: Bodily Injury And Property Damage Section I — Coverages, Coverage A Liability, coverage is extended to include Bodily Injury And Property Damage the following: Liability, 2. Exclusions, Exclusion j. If a customer's master or grand key, Damage To Property is amended as follows: excluding electronic key card, is lost, a. Paragraphs (3), (5), and (6)are deleted damaged or stolen while in your care, in their entirety. custody or control we will pay the cost of b. Paragraph (4) is deleted in its entirety replacing the keys, including the master lock and replaced with: and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or (4) Personal property in the care, the cost to replace the locks, whichever is custody, or control of the insured: less. (a) for storage or sale at premises 2. Limit of Insurance—For the purpose of this you own, rent or occupy; or coverage the most we will pay is $ 10,000 (b) while being transported by any per"occurrence". aircraft, "auto" or watercraft B. Voluntary Property Damage owned or operated by or rented 1. Section I — Coverages, Coverage A Bodily to or loaned to any insured. Injury And Property Damage Liability, c. The coverage provided by this coverage is extended to include the following: endorsement does not apply to "property damage": At your request, we will pay for "property (1) Arising out of the disappearance or damage" to property of others caused by you loss of use of personal property; or and while in your possession, arising out of your business operations and occurring during the (2) Included in the "products-completed policy period. operations hazard". 2. Limit of Insurance—For the purpose of this 2. Limit of Insurance - The most we will pay coverage the most we will pay is$1,500 per for loss arising out of any one "occurrence" "occurrence". is $5,000. C. Non-Owned Watercraft 3. Deductible - Our obligation to pay for a Under Section I — Coverages, Coverage A covered loss applies only to the amount of Bodily Injury And Property Damage Liability, loss in excess of$250. 2. Exclusions, Exclusion g. Aircraft, Auto Or We will pay the deductible amount to effect Watercraft Paragraph (2) (a) is replaced with: settlement of any claim or "suit" and, upon (a) Less than 51 feet long; and notification of this action having been taken, you shall promptly reimburse us for the deductible as has been paid by us. CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 with its permission. 16C4 CG 73 23 12 16 This insurance is primary to any expanded d. All reasonable expenses incurred by the property damage coverage provided by a insured at our request to assist us in the separate endorsement attached to this investigation or defense of the claim or policy, and it will supplant any deductible in "suit", including actual loss of earnings up to said endorsement $500 a day because of time off from work. E. Damage To Premises Rented To You G. Newly Formed And Acquired Organizations 1. Under Section I — Coverages, Coverage A Under SECTION II — WHO IS AN INSURED Bodily Injury And Property Damage Paragraph 3.a. is replaced with: Liability, the last paragraph of 2. a. Coverage under this provision is afforded Exclusions is replaced with: only until the 180th day after you acquire or If Damage To Premises Rented To You is form the organization or the end of the policy not otherwise excluded, Exclusions c. period, whichever is earlier; through n. do not apply to damage by fire, H. Additional Insured — Automatic Status When lightning, explosion, smoke, or sprinkler Required In An Agreement Or Contract With leakage to premises while rented to you or You temporarily occupied by you with permission Section II —Who Is An Insured is amended to of the owner. include: 2. Under Section III — Limits Of Insurance, 1. Any person(s) or organization(s) described Paragraph 6 is replaced with: in Paragraph a.—d. below with whom you 6. Subject to 5. above, the Damage To have agreed in writing in a contract or Premises Rented To You Limit is the written agreement that such person or most we will pay under Coverage A for organization be added as an additional damages because of"property damage" insured on your policy during the policy to any one premises, while rented to period shown in the Declarations. you, or in the case of damage by fire, 2. Any other person or organization you are lightning, explosion, smoke or sprinkler required to add as an additional insured leakage, while rented to you or under the contract or agreement described temporarily occupied by you with in Paragraph 1. above. permission of the owner. The limit is The person or organization added as an increased to$1,000,000. insured by this endorsement is an insured 3. Under Section IV — Commercial General only for liability due to: Liability Conditions, 4. Other Insurance, b. a. Lessors of Leased Equipment — with Excess Insurance (1) (a) (ii) is replaced respect to their liability for"bodily injury", with: "property damage", or "personal and (ii) That is Fire, Lightning, Explosion, Smoke advertisinginjury", or Sprinkler leakage insurance for J ry", caused in whole or in p g part by your maintenance, operation, or premises rented to you or temporarily use of equipment leased to you by such occupied by you with permission of the person(s) or organization(s). This owner. insurance does not apply to any F. Supplementary Payments "occurrence" which takes place after the Under Section I — Coverages, Supplementary equipment lease expires. Payments — Coverages A and B Paragraphs However, their status as additional 1.b and 1.d. are replaced with: insured under this policy ends when b. Up to $2,500 for cost of bail bonds required their lease, contract, or agreement with because of accidents or traffic law violations you for such leased equipment expires. arising out of the use of any vehicle to which b. Managers or Lessors of Premises — the Bodily Injury Liability Coverage applies. with respect to liability arising out of the We do not have to furnish these bonds. ownership, maintenance, or use of that part of the premises you own, rent, lease, or occupy. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 16 with its permission. 16 C4 CG 73 23 12 16 This insurance does not apply to: (1) Your acts or omissions; or (1) Any "occurrence" which takes place (2) The acts or omissions of those after you cease to be a tenant in acting on your behalf; in the that premises. performance of your ongoing (2) Structural alterations, new con- operations performed for that struction, or demolition operations additional insured, whether the work performed by or on behalf of the is performed by you or on your person or organization. behalf. However, their status as additional The insurance does not apply to: insured under this policy ends when you (1) "Bodily injury", "property damage", cease to be a tenant of such premises. or "personal and advertising injury" c. State or Political Subdivision — arising out of the rendering of or the Permits Relating to Premises — with failure to render any professional respect to the following hazards for architectural, engineering, or survey which the state or political subdivision services, including: has issued a permit or authorization in (a) The preparing, approving, or connection with premises you own, rent, failing to prepare or approve or control and to which this insurance maps, shop drawings, opinions, applies. reports, survey, field orders, (1) The existence, maintenance, repair, change orders, or drawings and construction, erection, or removal of specifications; or advertising signs, awnings, (b) Supervisory, inspection, archi- canopies, cellar entrances, coal tectural or engineering activities. holes, driveways, manholes, This exclusion applies even if marquees, hoist away openings, the claims against any insured sidewalk vaults, street banners, or allege negligence or other decorations and similar exposures; wrongdoing in the supervision, or hiring, employment, training or (2) The construction, erection, or monitoring of others by that removal of elevators; or insured, if the "occurrence" (3) The ownership maintenance or use which caused the "bodily injury" of any elevators covered by this or "property damage", or the insurance. offense which caused the "personal and advertising This insurance does not apply to: injury", involved the rendering (1) "Bodily injury" or "property damage" of, or failure to render, any or "personal or advertising injury" professional, architectural, arising out of operations performed engineering, or surveying for the state or municipality; or services. (2) "Bodily injury" or "property damage" (2) "Bodily injury" or "property damage" included within the "products- occurring after: completed operations hazard". (a) All work, including materials, However, such state or political parts, or equipment furnished in subdivision's status as additional connection with such work, on insured under this policy ends when the the project (other than service, permit ends. maintenance, or repairs) to be d. Owners, Lessees, or Contractors — performed by or on behalf of the additional insureds) at the with respect to liability for"bodily injury", location of the covered "property damage", or "personal and operations has been completed; advertising injury" caused in whole or in or part, by: CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 with its permission. 16C4 CG 73 23 12 16 (b) That portion of "your work" out b. You have agreed in writing in a contract of which the injury or damage or agreement that this insurance would arises has been put to its be primary and would not seek intended use by any person or contribution from any other insurance organization other than another available to the additional insured. contractor or subcontractor I. Employee Bodily Injury To Another Employee engaged in performing Under Section II — Who Is An Insured The operations for a principal as a part of the same project. following is added to Paragraph 2.a.(1): However, a person or organization's Paragraphs 2.a.(1) (a), (b) and (c) do not apply status as additional insured under to "bodily injury" to a co-"employee" in the this policy ends when your course of the co-"employee's" employment by operations for that additional insured you, or to "bodily injury" to a co-"volunteer are completed. worker" while performing duties related to the With respect to the insurance afforded to conduct of your business. such additional insureds a. — d. described J. Broad Form Named Insured above, the following is added to Section III Under Section II — Who Is An Insured The —Limits Of Insurance: following is added to Paragraph 2.: If coverage provided to the additional e. Any business entity incorporated or insured is required by a contract or organized under the laws of the United State agreement, the most we will pay on behalf of the additional insured is the amount of of America (including any State thereof), its insurance: territories or possessions, or Canada (including any Province thereof) in which the 1. Required by the contract or agreement; Named Insured shown in the Declarations or owns, during the policy period, an interest of 2. Available under the applicable Limits of more than fifty percent. If other valid Insurance shown in the Declarations: collectible insurance is available to any whichever is less. business entity covered by this solely by This endorsement shall not increase the reason of ownership by the Named Insured applicable Limits of Insurance shown in the shown in the Declarations in excess of fifty Declarations. percent, this insurance is excess over the However, the insurance afforded to such other insurance, whether primary, excess, additional insureds a.—d. described above: contingent, or on any other basis. 1. Only applies to the extent permitted by K. Aggregate Limit Per Location law; and Under Section III — Limits Of Insurance the 2. Will not be broader than that which you following is added to Paragraph 2: are required by the contract or The General Aggregate Limit under Section III agreement to provide for such additional Limits Of Insurance applies separately to each insured. of your locations owned by or rented to you or 3. Primary and Noncontributory — Other temporarily occupied by you with the permission Insurance Conditions of the owner. For the purposes of this provision, The following is added to the Other location means premises involving the same or Insurance Condition and supersedes any connecting lots, or premises whose connection provisions to the contrary: is interrupted only by a public street, roadway, Primary and Noncontributory Insurance waterway or railroad right-of-way. This insurance is primary to and will not L. Aggregate Limit Per Project seek contribution from any other insurance Under Section III — Limits Of Insurance The available to an additional insured under your following paragraph is added to Paragraph 2: policy provided that: The General Aggregate Limit under Section III a. The additional insured is a Named Limits Of Insurance applies separately to each Insured under such other insurance; and of your construction projects away from premises owned by or rented to you. Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 16 with its permission. 16C4 CG 73 23 12 16 M. Medical Payments inception date of the policy shall not Under Section III — Limits Of Insurance, prejudice the coverage afforded by this Paragraph 7. is replaced with: policy provided such failure to disclose all 7. Subject to 5. above, the higher of: hazards or prior"occurrences" or offenses is not intentional. This provision does not a. $10,000; or affect our right to collect additional premium b. The amount shown in the Declarations or exercise our right of cancellation or non- for Medical Expense Limit is the most renewal. we will pay under Coverage C for all P. Waiver Of Subrogation medical expenses because of "bodily Under Section IV — Commercial General injury" sustained by one person. Liability Conditions, 8. Transfer Of Rights Of This coverage does not apply if Coverage C Recovery Against Others To Us the following — Medical Payments is excluded either by paragraph is added: the provisions of any coverage forms If required by a written contract executed prior to attached to the policy or by endorsement. loss, we waive any right of subrogation we may N. Knowledge Of An Occurrence have against the contracting person or Under Section IV — Commercial General organization because of payments we make for Liability Conditions, the following is added to injury or damage arising out of your ongoing 2. Duties In The Event Of Occurrence, operations or "your work" done under a contract Offense, Claim Or Suit: with that person or organization and included in e. Knowledge of an occurrence, offense, claim the"products-completed operations hazard". or suit by an agent or employee of any Q. Liberalization insured shall not in itself constitute Under Section IV — Commercial General knowledge of the insured unless you, a Liability Conditions, the following paragraph is partner, if you are a partnership; or an added: executive officer or insurance manager, if you are a corporation receives such notice 10. Liberalization of an occurrence, offense, claim or suit from If we revise this coverage form to provide more the agent or employee. coverage without additional premium charge, f. The requirements in Paragraph b. will not your policy will automatically provide the be considered breached unless there is additional coverage as of the day the revision is knowledge of occurrence as outlined in effective in your state. Paragraph e. above. R. Broadened Bodily Injury Definition (Mental O. Unintentional Failure To Disclose Hazard Anguish) Under Section IV — Commercial General Under Section V — Definitions Definition 3. Liability Conditions, Condition 6. "Bodily Injury" is replaced with: Representations the following paragraph is 3. "Bodily injury" means physical injury, added: sickness, or disease to a person and if d. Your failure to disclose all hazards or prior arising out of the foregoing, mental anguish, "occurrences" or offenses existing as of the mental injury, shock, or humiliation, including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 with its permission. 16C4 BUSINESS AUTO AC 01 02-FL 03 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENDORSEMENT FORM - FLORIDA This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM or organization qualifies as an "insured" un- EQUIPMENT der the Who Is An Insured Provision con- t. Under SECTION I - COVERED AUTOS, the tained in Section II — LIABILITY following are added to Paragraph C. Certain COVERAGE of the Coverage Form Trailers, Mobile Equipment and Temporary D. REPLACED EXCLUSIONS Substitute Autos: The Expected or Intended Injury Exclusion 4. "Trailers" designed to be towed by a pri- IN SECTION II — LIABILITY COVERAGE is vate passenger type "auto" or a pickup, replaced by the following: panel truck or van if not used for busi- Expected or Intended Injury ness purposes, other than farming or "Bodily injury" or"property damage"which is ranching. expected or intended by the "insured". This 5. Farm wagons or farm implements while exclusion applies even if the resulting "bod- being towed by a covered "auto". ily injury"or"property damage": B. CHANGES FOR ADDITIONAL NEWLY a. is of a different kind, quality or degree ACQUIRED VEHICLES than initially expected or intended; or 2. Paragraph B.2 of SECTION 1 — COVERED b. is sustained by a different person, entity, AUTOS is replaced by the following: real property, or personal property than 2. If Symbol 7 is entered next to a cover- that initially expected or intended. age in Item Two of the Declarations, an E. ADDITIONAL EXCLUSIONS "auto" you acquire will be a covered The following exclusions are added to "auto"for that coverage only if: SECTION II —LIABILITY COVERAGE: a. We already cover at least one"auto" Damage to Named Insured's Property you own for that coverage or it re- Any claim or "suit" for "property damage" by places an "auto" you previously you or on your behalf against any other per- owned that had that coverage; and son or entity that is also a Named Insured b. You tell us within 30 days after you under this policy. acquire it that you want us to cover it for that coverage. Abuse or Molestation The most we will pay for Physical Damage "Bodily injury" or "property damage" arising Coverage for"loss" under this Coverage Ex- out of: tension is $100,000 per "auto", subject to a. The actual or threatened abuse or mo- the largest deductible applicable to any lestation by anyone or any person while "auto"for that Coverage. in the care, custody or control of any"in- C. BLANKET ADDITIONAL INSURED sured", or Any person or organization which you have b. The negligent: agreed to name as an additional insured in a 1) Employment; written contract, executed prior to an acci- 2) Investigation; dent, other than a contract for the lease or 3) Supervision; rental of a vehicle is an "insured"for Liability 4) Reporting to the proper authorities, Coverage, but only to the extent that person or failure to so report; or AC 01 02-FL 03 08 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 3 with its permission 1604 AC 01 02-FL 03 08 5) Retention; b. "Loss" to TV antennas, awnings or ca- of a person for whom any "insured" is or banas. ever was legally responsible and whose c. "Loss" to equipment designed to create conduct would be excluded by Para- added living facilities. graph a. above. However, these exclusions do not apply if Abuse means an act which is committed Miscellaneous Personal Property Coverage with the intent to cause harm. is provided by endorsement to this policy. Explosives G. ACCIDENTAL AIRBAG DISCHARGE "Bodily injury" or "property damage" caused COVERAGE by the explosion of explosives you make, Under Paragraph B.3.a. of SECTION III - sell or transport. PHYSICAL DAMAGE, the following is added: Rolling Stores Mechanical breakdown does not include the ac- If a covered "auto" is a rolling store, "bodily cidental discharge of an airbag. injury" or "property damage" resulting from H. PHYSICAL DAMAGE LIMIT OF INSURANCE the handling, use or condition of any item Paragraph C. Limit of Insurance of SECTION III the "insured" makes, sells or distributes if - PHYSICAL DAMAGE INSURANCE is replaced the injury or damage occurs after the "in- by the following: sured" has given up possession of the item. C. Limit Of Insurance Wrong Delivery of Liquid Products 1. The most we will pay for "loss" in "Bodily injury" or "property damage" result- any one"accident" is the lesser of: ing from the delivery of any liquid into the a. The actual cash value of the wrong receptacle or to the wrong address, damaged or stolen property as or from the delivery of one liquid for another, if the "bodily injury" or "property damage" of the time of the"loss"; or occurs after the delivery has been corn- b. The cost of repairing or replac- pleted. ing the damaged or stolen prop- Delivery is considered completed even if fur- erty. ther service or maintenance work, or correc- 2. An adjustment for depreciation and tion, repair or replacement is required be- physical condition will be made in cause of wrong delivery. determining actual cash value in the Professional Services event of total"loss". "Bodily injury": 3. The cost of repairing or replacing may: a. Resulting from the providing or the fail- ure to provide any medical or other pro- a. Be based on an estimate which fessional services. includes parts furnished by the original equipment manufacturer b. Resulting from food or drink furnished or other sources including non- with these services. original equipment manufactur- "Bodily injury" or "property damage" result- ers and ing from the handling of corpses. b. Include a deduction for better- F. MOTOR HOME CONTENTS COVERAGE ment for a part or parts that are 1. For a covered "auto" that is a motor home normally subject to repair or re- the following exclusions are added TO placement during the useful life SECTION III—PHYSICAL DAMAGE: of the "auto", such as, but not Motor Home Contents limited to tires and batteries. This insurance does not apply to: Betterment means the difference between the actual cash value of a a. "Loss" to the covered "auto's" contents, part immediately before the "loss" except equipment usual to trucks or pri- and the cost to replace that part with vate passenger"autos". a new part. Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02-FL 03 08 with its permission 16C4 AC 01 02-FL 03 08 I. AMENDED DUTIES IN EVENT OF ACCIDENT, contract or agreement in that "employee's" CLAIM, SUIT, OR LOSS name, with your permission, while performing The requirement in Loss Condition 2.a. Duties In duties related to the conduct of your busi- The Even Of Accident, Claim, Suit Or Loss —of ness. SECTION IV—BUSINESS AUTO CONDITIONS B. Changes In General Conditions that you must notify us of an "accident", "claim", Paragraph 5.b. of the Other Insurance "suit", or"loss" applies only when the "accident", Condition in the Business Auto Coverage "claim", "suit", or"loss" is known to : Form is replaced by the following: 1. You, if you are an individual For Hired Auto Physical Damage Coverage, 2. A partner, if you are a partnership; the following are deemed to be covered 3. An executive officer or the employee desig- "autos"you own: nated by you to give such notice if you are a 1. Any covered "auto" you lease, hire, rent corporation; or or borrow; and 4. A member, if you are a limited liability corn- 2. Any covered "auto" hired or rented by pany. your "employee" under a contract in that J. UNINTENTIONAL FAILURE TO DISCLOSE individual "employee's" name, with your HAZARDS permission, while performing duties re- SECTON IV— BUSINESS AUTO CONDITIONS lated to the conduct of your business. — B.2. is amended by the addition of the follow- However, any "auto" that is leased, hired, ing: rented or borrowed with a driver is not a If you unintentionally fail to disclose any hazards covered "auto". existing at the inception date of your policy, we L. EMERGENCY LOCKOUT — PRIVATE will not deny coverage under this Coverage PASSENGER VEHICLES Form because of such failure. However, this We will reimburse you up to $50 for reasonable provision does not affect our right to collect addi- expense incurred for the services of a locksmith tional premium or exercise our right of cancella- to gain entry into your covered "auto" of the pri- tion or nonrenewal. vate passenger type subject to these provisions: K. AUTOS HIRED OR RENTED BY EMPLOYEES 1. Your door key or key entry pad has been lost, If hired or rented "autos" are covered "autos" on stolen or locked in your covered "auto" and this policy, the following provisions apply: you are unable to enter such "auto" , or A. Changes In Liability Coverage 2. Your key or key entry pad has been lost or The following is added to the Who Is An In- stolen and you have changed the lock to sured Provision in SECTION II—LIABILITY prevent an unauthorized entry; and COVERAGE: 3. Original copies of receipts for services of a An "employee" of yours is an "insured" while locksmith must be provided before reim- bursement is payable. operating an "auto" hired or rented under a All terms and conditions of this policy apply unless modified by this endorsement. AC 01 02-FL 03 08 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 3 with its permission. i6C4 3. Legal Action Against Us 3. Liberalization No one may bring a legal action against us un- If we revise this coverage form to provide more der this coverage form until: coverage without additional premium charge, a. There has been full compliance with all the your policy will automatically provide the addi- terms of this coverage form; and tional coverage as of the day the revision is ef- b. Under Liability Coverage, we agree in writ- fective in your state. ing that the"insured" has an obligation to 4. No Benefit To Bailee—Physical Damage pay or until the amount of that obligation has Coverages finally been determined by judgment after We will not recognize any assignment or grant trial. No one has the right under this policy to any coverage for the benefit of any person or bring us into an action to determine the organization holding, storing or transporting "insured's" liability. property for a fee regardless of any other pro- 4. Loss Payment—Physical Damage Coverages vision of this coverage form. At our option we may: 5. Other Insurance a. Pay for, repair or replace damaged or stolen a. For any covered "auto" you own, this cov- property; erage form provides primary insurance. For b. Return the stolen property, at our expense. any covered "auto"you don't own, the in We will pay for any damage that results to surance provided by this coverage form is the "auto"from the theft; or excess over any other collectible insurance. However, while a covered "auto"which is a c. Take all or any part of the damaged or sto- "trailer" is connected to another vehicle, the len property at an agreed or appraised val- Liability Coverage this coverage form pro- ue. vides for the"trailer" is: If we pay for the"loss", our payment will include (1) Excess while it is connected to a motor the applicable sales tax for the damaged or vehicle you do not own. stolen property. (2) Primary while it is connected to a cov- 5. Transfer Of Rights Of Recovery Against ered "auto"you own. Others To Us b. For Hired Auto Physical Damage Coverage, If any person or organization to or for whom we any covered "auto"you lease, hire, rent or make payment under this coverage form has borrow is deemed to be a covered "auto" rights to recover damages from another, those you own. However, any"auto"that is leased, rights are transferred to us. That person or or- hired, rented or borrowed with a driver is not ganization must do everything necessary to a covered "auto". secure our rights and must do nothing after c. Regardless of the provisions of Paragraph a. "accident"or"loss"to impair them. above, this coverage form's Liability B. General Conditions Coverage is primary for any liability as- 1. Bankruptcy sumed under an "insured contract". Bankruptcy or insolvency of the"insured"or the d. When this coverage form and any other "insured's" estate will not relieve us of any obli- coverage form or policy covers on the same gations under this coverage form. basis, either excess or primary, we will pay 2. Concealment, Misrepresentation Or Fraud only our share. Our share is the proportion This coverage form is void in any case of fraud that the Limit of Insurance of our coverage form bears to the total of the limits of all the by you at any time as it relates to this coverage form. It is also void if you or any other"insured", coverage forms and policies covering on the same basis. at any time, intentionally conceal or misrepresent a material fact concerning: a. This coverage form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this coverage form. Page 8 of 11 ©Insurance Services Office, Inc., 2009 CA 00 01 03 10 120108.FRM 16C +� IL 70 02 09 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANCE NOTICE OF CANCELLATION, NONRENEWAL OR COVERAGE REDUCTION OR RESTRICTION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY POLICY FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MERCANTILE UMBRELLA LIABILITY POLICY SCHEDULE Person(s)or Organization(s) Address Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 Number of Days Notice 30 If this policy is cancelled (other than nonpayment of premium) or nonrenewed or if the coverage provided by this policy is reduced or restricted (except for any reduction in the Limits of Insurance due to claims payments), we will provide written notice to the person(s) or organization(s) listed in the Schedule. We will provide this notice by mail 30 days in advance of any policy cancellation, nonrenewal or coverage reduc- tion or restriction or as indicated in the Number of Days Notice in the Schedule. All terms and conditions of this policy apply unless modified by this endorsement. IL 70 02 09 11 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission.