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#20-7744 (Hulett Environmental Services, Inc.) FIXED TERM SERVICE AGREEMENT # 20-7744 for Pest Control-County Facilities THIS AGREEMENT, made and entered into on this 13 day of 20 20 , by and between Hulett Environmental Services, Inc. , authorized to do business in the State of Florida, whose business address is 7670 Okeechobee Blvd West Palm Beach, FL 33411 , (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 II] upon the date of Board approval or 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 ❑t Purchase Order ❑ 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of❑ Request for Proposal(RFP) U] Invitation to Bid (ITB) U Other ( )# 20-7744, 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 Agreement#2017-002(Ver.1) CA•G� 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. 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): 0 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. • Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 0 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). 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 "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 44 ❑ Mileage $074465-per-faile Breakfast Dinner $1-9,00 vehieles 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 #85-8015966531 C. 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: Company Name: Hulett Environmental Services, Inc. Address: 10550 Collier Blvd Naples, Florida 34117 Authorized Agent: Timothy Hulett, President Attention Name &Title: Sean Ribet, Branch Manager Telephone: (239) 302-4140/ (844) 808-4896 E-Mail(s): Naples@bugs.com /Bgillenwaters@bugs.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Term Service Agreement#2017-002(Ver.1) R;'raT' Board of County Commissioners for Collier County, Florida Division Name: Facilities Management Division Division Director: Damon Grant Address: 3335 Tamiami Trail East Naples, Florida 34112 Administrative Agent/PM: Miguel Carballo, Manager Telephone: (239) 252-7609 E-Mail(s): Miguel.Carballo@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. 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. Page 4 of 17 Fixed Term Service Agreement#2017-002(Ver.1) < 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 sole judge of the 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. 8 ❑ Pr this insurance. Such insurance shall have limits of not less than $ each E ❑y ber 1 iabilit �raG7 a e—shaU-have-mRn1�1t&of$ vr craam claim. per im viuu��. F. UI Pesticide Applicators: Coverage shall have minimum limits of$ 1,000,000 per claim. Page 5 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 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. 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. Page 6 of 17 Fixed Term Service Agreement#2017-002(Ver.1) CAO 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Divison 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, ❑ RFP/ ,] ITB/❑ Other #20-7744 , including Exhibits, Attachments and Addenda/Addendurfi ] -subsequent quotes,and LU Exhibit C: Additional Terms and Conditions for Termite Services 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 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: Page 7 of 17 Fixed Term Service Agreement#2017-002(Ver.1) CA() 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. 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. Page 8 of 17 Fixed Term Service Agreement#2017-002(Ver.1) CAO 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 County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to 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. Li 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. 0 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 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, Page 9 of 17 Fixed Term Service Agreement 42017-002(Ver.1) 1, 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. ❑l 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. 0 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 from 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 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. Page 10 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 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. ❑ KF ' persoenel- n 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. Page 11 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 35. 0 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. ODDER OF PRECED CE (Gran under) In fhe even♦ of any conflict between er vsz�� �r�--r�cv�v , , 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 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. Page 12 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 38. ID 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 Agreement#2017-002(Ver.1) IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzei, Clerk of Court COLLIER C UNTY, FLORIDA & Comptroller By: 3404 • By: Burt L. Saunders , Chairman Dated: icr ci 4i R to affffl n's Contgili01T V(f�knesses: Hulett Environmental Services, Inc. Contractor Contractor's First Witness �-SI �tur ` j / /� n / d /} ` r` Gt" R " U'l'a►�wA'?f: TType/print signature and titlel' TType/print witness name • • vy� ;!tt ct Contractor's Srcond Witness JAZ( r-r_A---41 TType/print witness name A ed as to 7Y7Y: oun;y AtIgrn V et_ Print Name Page 14 of 17 Fixed Tenn Service Agreement 112017-002(Ver.1) Exhibit A Scope of Services 0 following this page (containing 4 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement#2017-002(Ver.l) DETAILED SCOPE OF WORK It is the intent of the County that pest control services are completed monthly(interior and exterior)on County owned and leased buildings to prevent infestations and address any insect or rodent issues; therefore, the Contractor's response time shall be a factor in the award of the Contract.While the County intends to use the Contractor award as a part of this solicitation,the County reserves the right at any time,to use the awarded Contractors for the services described, however, if pricing seems unreasonable or if services are unavailable, the County reserves the right to request additional quotes(per the Board's Purchasing Ordinance). A qualified Contractor will provide monthly services, call-backs, and specialized services, as needed, to keep all County facilities insect and rodent free,including but not limited to:bees,wasps,hornets,etc.by using an aggressive approach to the application and service,while maintaining and not impeding County business or the individuals who use the facilities. A qualified Contractor has provided evidence of three(3)years of primary experience performing pest control services on similar sized projects/accounts in Florida. Locations: Collier County has approximately one hundred and forty-seven (147) designated locations for which service shall be provided monthly.Collier County advises the Contractor to visit each site prior to bidding. Contractor may also be required to use the County's Work Management procedures, such as utilizing work order forms or future online work order system,at no additional cost to the County or Contractor. The Contractor will be responsible for utilizing any systems used by the County for work orders under this Agreement. The Contractor must provide requested certifications and licenses necessary to perform the services outlined in the bid specifications. The Contractor shall use qualified technicians to complete all work in accordance with the requirements specified in this bid. Hourly time will be paid only for actual time at the worksite. Travel time will not be an allowable item. Technician credentials may be requested by the County. MONTHLY REQUIRED SERVICES The awarded Contractor will be responsible for providing the monthly pest control services and additional treatments (as requested with no additional charge),including but not limited to: • Control of common household pests, specifically ants, roaches, silverfish, firebrats, earwigs, millipedes, centipedes,crickets,scorpions,spiders,fleas,ticks,bees,wasps,hornets,etc. • Apply interior supplies/chemicals to buildings,including but not limited to:offices,storage rooms,mezzanines, attics,kitchens,basements,labs,kennels,locker rooms,bathrooms,etc. • Special attention shall be paid to problem areas such as kitchens and bathrooms o This requires monitoring and inquiry of building occupants o Additional treatments,as needed. • Apply perimeter supplies/ chemicals to the outside of the buildings which shall include but not be limited to: porches,windows,window frames,eaves,patios,doorways,refuse areas,decks,under decks,and anywhere pests congregate. • Control rats and/or mice,under and around the designated structures including the area extending to fifteen(15) feet.Traps must be checked daily until the condition is under control and less service is approved by the County Representative or designee.The County requests the following level of service: o Standard control for rats and/or mice is daily for 7 days from the reported incident then once per week for an additional three weeks(total service four weeks).Daily site visits will be required initially for 7 days, but may be extended,at the discretion of the County Representative or designee. o The Contractor will provide deodorants, when necessary, at no additional charge, and will be utilized to overcome possible odors caused by rats and/or mice. However,even with deodorants,every effort must be made to remove the source of the odor,when/where accessible. (-r Additional Services: From time to time additional services are needed. These services will be provided on a lump sum,based upon quotes requested by the County Representative or designee.Additional services can be contracted by all Departments/Divisions as needed,for work not covered by general scope of services i.e.wildlife removal,spider fumigation or structures/poles specific to the facility. A scope of services will be provided and a Purchase Order(PO)will be given prior to services. These services are considered alternatives(the services are not a requirement of the contract,but may be incorporated if the selected Contractor can provide the services): • Rodent exclusion services • Cleanout of facilities due to Indoor Air Quality(IAQ)issues • Trapping services(above and beyond standard rodent removal) • Termite inspections and treatments,which shall be negotiated on an as needed basis o Any additional terms and conditions for termite services MUST be provided in conjunction with this solicitation o Entering, inspecting, and treating of specified structures must be performed to minimize interference with the daily routine of County employees and individuals using the facilities. The date and time of services must be mutually agreed upon by the County Representative and the awarded Contractor(s) • Spider and web fumigation,as needed • Any and all other extermination services needed Following the monthly pest control services and site inspections,a written report/check list will be provided detailing the results of the inspection,services completed,and making specific recommendations for future remedial actions,etc. Typically,pest control services will be completed during normal business hours;however,the County Representative or designee may request services during off-hours, as deemed necessary by the County Representative or designee. A surcharge calculated at time and a half(1-1/2 per hour)for off-hours,if necessary,and first approved in writing by the County Representative or designee. Request for Additional Service: • Repair Services Work(on-call,routine):The County Representative or designee will provide a scope of work to be performed to the Contractor and request that a"lump sum"quote be provided.The County expects that for on-call repair/removal/exclusion work,the Contractor provides a price quote within a reasonable time(one to two business days)from the point of initial contact,unless the requestor provides a longer deadline to receive the quote. Once a purchase order is issued,the County Representative or designee would expect that the on-call service for pest control related services commence within two(2)business days,unless otherwise directed by the County Representative or designee. If the Contractor does not fulfill these response requirements, the County Representative or designee reserves the right to contact other Contractor to perform the scope of work. • Urgent Services:The County Representative or designee will identify the needed services for the life,health,safety or equipment/facility urgency and request that work be completed as soon as reasonably practicable. The County Representative or designee may direct the Contractor to commence work through a verbal direction,and a purchase order will be issued to the Contractor as soon as possible. In each scope of work,the County Representative or designee reserves the right to specify:the period of completion; collection of deductions/fines or actual costs in the event of late completion and/or non-compliant performance and/or vendor caused damages;and"lump sum"pricing. • "Lump Sum"Quote is requested,the Contractor shall provide: ➢ The breakdown of the cost for supplies,parts,and equipment used for the scope of work;the Contractor must provide itemized documentation and receipts/invoices for any supply,part,or piece of equipment billed in their invoice. > If applicable, a mark-up of subcontractor's labor, supplies/materials and equipment may be included;the Contractor must provide itemized documentation (including the subcontractor's invoice) of any subcontractor's labor,supplies/materials,and equipment. ➢ The County agrees to pay the Contractor for labor time spent by the Contractor's employees.Subcontractors CAS? will be paid by the Contractor according to their submitted invoice(s)then the Contractor will be allowed to charge a ten(10%)percent mark-up accordingly. ➢ As a general business practice,the lump sum invoices would include back-up documentation for costs for supplies/materials, equipment rental, subcontractors, etc. Invoices would include number of hours worked and billing rate by position(and not company(or subcontractor)timekeeping or payroll records),material or equipment invoices,and other reimbursable documentation for the project. ➢ Taxes,related fees, and ancillary charges may be transferred to the County in the actual amount;however, mark-ups will not be allowed. Mark-ups will not be allowed on sales tax, consumer fees or taxes, use and other similar taxes,or fees associated with any work under this Agreement. ➢ Freight and shipping charges will be allowed if included in the quote and only allowed to the amount supported by backup documentation.No mark-up will be allowed for freight or shipping charges. ➢ If applicable,a fifteen(15%)percent mark-up of subcontractor's labor,subcontractor's supplies/materials, subcontractor's equipment,rental equipment,contactor's equipment,Contractor supplies/materials,etc.will be allowed. • When a"lump sum"quote is requested,the Contractor shall provide: ✓ A not-to-exceed total cost for the entire scope of work including a brief description of the work to be completed; ✓ Lump Sum (fixed price) is a firm fixed total price offering for a project; the risks are transferred from the County to the Contractor; and, as a business practice there are no hourly or material invoices presented, rather, the Contractor must perform to the satisfaction of the County's project manager or designee before payment for the fixed price contract is authorized. ✓ Only a single lump sum quote is required,no itemized breakdown for the lump sum quote will be required for quoting or payment purposes. No time and material quotes will be accepted or required for quoting or payment. Actual invoices for materials, subcontractors, mark-ups, etc. will not be required for payment purposes, as the lump sum quote does not require a breakdown of the quote or supporting documentation. Timesheets and/or timecards will not be accepted or required for quoting or payment purposes to support labor hours,as they are not required for a lump sum quote. • Termite Treatment Quote(includes any/all types of Termites): ➢ Terms and Conditions are attached. A requested termite quote will be accepted as a lump sum. Callbacks: If callbacks are necessary,the awarded Contractor(s)shall perform all callbacks within twenty- four(24)hours after receipt of written notice of the problem. If a rodent situation is not under control after two(2)callbacks,another vendor may be substituted,and the performance measures/deductions shall apply. GENERAL: Additions and Deletions of Locations and Services: The County representative, or designee, shall attempt to provide advanced written notice to the Contractor of all additional and/or new locations. Pricing for additional locations shall be at the unit price specified in the square footage rates provided in the Contractor's proposal. If removing a location from coverage,the County Representative or designee shall provide written or electronic notice to the Contractor.The removed location shall not be billed for the month of removal.Any prepaid coverage fees will be refunded at a pro-rata amount to the County in the form of a credit on the subsequent billing. All Contractor(s)personnel will have on their shirts the Contractor's business name and Collier County Government issued badge/card available always. Site access will be limited to required company vehicles and delivery vehicles only. Any parking at any of the County buildings or facilities is to be coordinated,in advance of starting a purchase order,with the County designee.Contractor(s)parking shall not interfere with County personnel or general public parking or pedestrian traffic.Violator's will be towed at owner's expense. CAS, Proper behavior and language by all Contractor(s)employees will always be enforced while working on County property. Contractor(s) employees shall be prohibited from disturbing items in County offices,and from smoking in any County facility. Records and Documentation:The Contractor(s)is responsible to maintain and update records for each serviced location.The documentation will include,and not be limited to,records of all service calls, services performed,site recommendations,and any additional services,if applicable.The Contractor(s)will maintain a service log for each site.The Contractor(s)will not charge for any call back work.All reports shall be sent to the County Representative,or their designee,noting date,type,service,location,etc. A current material,supplies,and equipment list shall be provided and shall be updated on a quarterly basis with the updated list provided. A Material Safety Data(MSDS),in compliance with the standards set forth in Occupational Safety and Health Administration(OSHA)Hazard Communication Standard(H.C.S.),29 CFR 1910.1200,shall be provided.This includes but is not limited to: • The chemical name and the common name for the toxic substance; • The hazards or other risks in the use of the toxic substance, including but not limited to: the potential for fire,explosion,corrosively,and reactivity;known acute and chronic health effects of the risks from exposure,including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and the primary routes of entry and symptoms of over-exposure. • The proper precautions,handling practices,necessary personal protective equipment,and other safety precautions in the use or exposure to the toxic substances, including appropriate emergency treatment in the case of over exposure. • The emergency protocol for spills,fire,disposal,blood-borne pathogens,and first aid. • A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading the information. • The year and month,if available,that the information was compiled and the name,address,and emergency telephone number of the manufacturer responsible for preparing the information. • Note: All changes / updates shall be immediately reported to the County Representative or designee CAO Exhibit B Fee Schedule following this page (containing 1 pages) Page 16 of 17 Fixed Term Service Agreement#2017-002(Ver.1) cNO ITB# 20-7744 "Pest Control-County Facilities EXHIBIT B-FEE SCHEDULE *Mark up for any leased equipment,materials,equipment,etc.shall be no more than 10%. * Mark up for Subcontractors shall be no more than 15%. * Documenation of awardees'cost must be provided with actual invoice from the supplier. * Mark-ups will not be allowed for any portion of an actual invoice that is sales tax,fees,freight,etc. * Mark-ups are only allowed for the actual. *"After-hours"will be calculated at 1 and 1/2 time."Normal Business" hours is defined as County business hours; Monday through Friday 7:00 am to 5:00 pm. "After-hours"rates apply to weekends,County holidays and Monday through Friday after 5:00 pm and before 7:00 am. If a requested service starts during Normal Business hours and extends into the"After-hours"period,the"After-hours"rate shall only be charged for time actually worked during the"After-hours"period. Hulett Environmental Services Category 1 -Monthly Required Services Rate Category Size of Location (Sq. Ft.) Approximate Monthly Rate Number of Sites 1 0— 1,000 18.0 $ 25.00 2 1,001 —5,000 46.0 $ 30.00 3 5,001 —10,000 30.0 $ 36.00 4 10,001 —20,000 26.0 $ 42.00 5 20,001 —30,000 8.0 $ 75.00 6 30,001 —50,000 11.0 $ 92.00 7 50,000—70,000 2.0 $ 152.00 8 70,001 — 100,000 2.0 $ 180.00 9 100,001 — 150,000 3.0 $ 240.00 10 150,001 + 1.0 $ 500.00 Category 2 -Additional Services Hourly Rate for any other service that could be performed $ 75.00 Material Markup 10% Subcontractor Mark-up 15% Category 3 -Termite Treatment Services To be quoted,as needed Lump Sum EXHIBIT C Description: Additional Terms and Conditions for Termite Services 0 following this page (containing 2 pages) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement#2017-002(Ver.l) GENERAL TERMS AND CONDITIONS 1. Limitations of Liability: Hulett Environmental Services,Inc.'s(HES)liability shall be terminated should HES be prevented from fulfilling its responsibilities under the terms of the Agreement by reason of acts of war,whether declared or undeclared,acts of any duly constituted government authority,strikes,acts of God,or failure by the customer to allow HES access to the premises for any purpose contemplated by the Agreement,especially and including reinspecting,whether such re-inspection was requested by the customer or deemed necessary by HES. This Agreement shall be interpreted,regulated and adjudicated in accordance with applicable federal,state and local laws and regulations,as they existed at the time this Agreement was executed. Should any federal,state or local law or regulation change regarding HES's services or treatment,HES is authorized to take whatever steps are necessary to be in compliance with said laws. If HES cannot modify its services or treatment to comply with such a change in the law, then HES reserves the right to immediately terminate this Agreement. a. It is understood and agreed between the parties that this Agreement,the attached Graph,Checklist and Specifications,and the final Service Agreement constitute the complete agreement between the parties and that said agreement may not be changed or altered in any manner,oral or otherwise,by any representative of HES,unless alteration or change be in writing and executed by a corporate officer of HES,under its corporate seal. b. It is specifically understood and agreed that HES and the Buyer are bound only by the terms and conditions of the Agreement and not by any other representations, oral or otherwise. 2. Renewals/Cancellation: This Service Agreement-will be in effect for a-periedof one(1)year from the date of initial treatment,upon full payment of the initial treatment charges. Thereafter,the Agreement will automatically renew each year(subject to prieeincrease)unless cancelled in writing by either party with thirty(30)days notice. 3. Concealed Infestations: Due to the natural habits of drywood termites,active drywood termite infestations may be concealed from view during normal service under the terms of this Agreement. Consequently,damage may occur to the structure(s)during the term of this Agreement. Customer acknowledges that this damage may occur and that H ES's obligation under this Agreement is limited to treating the structure for visible and accessible drywood termite infestations. 4. Uncontrollable Acts: HES's liability shall be terminated should HES be prevented from fulfilling its responsibilities under the terms of this Agreement by reason of acts of war,whether declared or undeclared,acts of any duly constituted government authority,strikes,acts of God,or failure by the customer to allow HES access to the premises for any purpose contemplated by this Agreement,whether such re-inspection was requested by the customer or deemed necessary by HES. 5. Notification of Sensitivity to Pesticides: If Customer,or other occupants(including invitees and licensees)of the Structure(s)believe he/she may be sensitive to pesticides, Customer must immediately notify HES in writing and in advance of HES's treatment,including whether Customer or occupants have consulted with a medical doctor regarding such sensitivity. Customer and/or occupants assume the risk,and waive any claim against HES in conjunction with such sensitivity. Customer further agrees to indemnify, protect and hold harmless HES from any and all chemical sensitivity claims,causes,actions,judgments,costs,attorney's fees,expenses and losses of every kind and character,whether direct or indirect,brought by Customer or other occupants(including invitees and licensees)to the Property,if Customer fails to provide the above written notice. 6. Damage Related to Services. HES will exercise due care while performing any work hereunder to avoid damaging any part of the Customer's property,or plants. Under no circumstances or conditions shall HES be responsible for damage caused by HES at the time the work is performed except those damages resulting from gross negligence on the part of the Company. Furthermore,personal expenses,such as lodging,meals,transportation,etc...,or reimbursement for loss of quiet enjoyment,loss of use or diminution in value of the Structure(s)that may arise as a result of any treatment,are also excluded. 7. Customer's Pay obligation of HES under this Agreemenis-senditioned upon payer Agreement price as set-forte-above-and-failure to pay-the in-its-entirety and discharge-HES-cif-any and all liability and any amount paid shell-become the-property-of-HES-as-liquidated damages h unloso the Stat t Of Agriculture and-Censumer-Services determines-HES-has-failed-to-treat regulations. i ed te-the life of the Agreement and any renewal thereof.-1n-thecase of default in the payment of any installment for mere-than,30 days, HES-or its a declarethe entire balance to be immediately due and payable together with all costs of collections,including reasonable attorneys fern and 1 1/2 -interest per-mont .Venue of any legal action involving this Agreement shall be only in-Palm Beach County,Florida. 8. Reinspection Rights: During the effective period of this Service Agreement,HES will reinspect the premises at such time as HES may deem necessary,or annually upon customer's request only. The customer's failure to request inspection shall not affect the customer's rights under this Service Agreement. 9. Customer Notification of Secondary Agreements: Customer warrants that this Agreement is the only Agreement currently in effect for the treatment of wood-destroying organisms at the Structure(s)and agrees that he/she will not contract for similar treatment services with another company during the term of this Agreement without first contacting HES. 10.Transferability:This Agreement is transferable to a new owner of the Structure(s)at no additional charge. SEE ADDITIONS FOR NO.5 ABOVE 1'As limited by Ha,Stets.Section 768.28, 2*The foregoing indemnification shall not constitute waiver of sovereign immunity beyond the limits set forth in Fla.Stats.Section 768.28,nor shall the same be construed to constitute agreement to indemnity HES for its negligent,willful or intentional acts or omissions. No Tent Termite Treatment 1. Limitation: This Agreement provides the customer with retreatment for drywood termites only. This Agreement does not provide the customer treatment of subterranean termites. This Agreement also does not provide for repairs of drywood damage or any other wood-destroying organism,even if an infestation continues or a new infestation occurs. This treatment does not include tent fumigation. 2. Treatment: This Agreement pertains only to the covered premises specified and described on the attached graph,or the property described on the front page which is part of this Agreement. This is a treatment for existing drywood termites based upon either observation of evidence of drywood termites or live drywood termites. The treatment will be limited to areas in which HES either observes evidence of drywood termites or live drywood termites. 3. Limited Treatment Area: This treatment is a treatment of specified areas only and is not to be considered a treatment of the entire covered premises. 4. Retreatment: Subject to any applicable terms and conditions found within this Agreement,HES will retreat those areas of the structure(s)containing an active infestation of drywood termites at no additional cost to customer. This Agreement is limited to retreatment only. Due to the habits of drywood termites,more than one treatment may be required to attain complete control. This treatment does not include tent fumigation. 5. Renewal: This Agreement terminates 30 days after the last day of the month-in-which the-renewal payment is due,if-not cenewedandpaidfior-by-the-eustemer-ascending-te the terms of this Agreement. In the event this Agreement is not rem responsibility. 6. Included Documents: Customer acknowledges receipt of and agrees to comply with all terms of the accompanying graph,the CUSTOMER FACT SHEET FOR DRYWOOD TERMITES and CUSTOMER PREPARATION SHEET FOR NO-TENT TREATMENTS,which are incorporated in this Agreement by reference. Tent Fumigation Treatment 1. Treatment: HES will treat the structure(s)for drywood termites in accordance with the label for the fumigant utilized. 2. Retreatment: Following the initial fumigation treatment,HES will retreat those areas of the structure(s)containing an active infestation of drywood termites at no additional cost to customer. The method of retreatment will be left to the discretion of HES and may not include a fumigation treatment. 3. Included Documents: This Agreement is comprised of this document, including the general terms and conditions as they appear on the front and reverse side, the accompanying graph,CUSTOMER FACT SHEET FOR DRYWOOD TERMITES and CUSTOMER'S PREPARATION DUTIES FOR FUMIGATION&RELEASE FORM,which are incorporated in this Agreement by reference. 4. The performance of this fumigation may be assigned to a wholesale fumigation company. Moneyback Guarantee:*This guarantee becomes effective 1 year from the date of the initial treatment and is conditioned upon the customer following HES's instructions as outlined in this Agreement,as well as the completion of all requested repairs and maintenance within 30 days of our initial inspection.A current balance,maximum 30 days, must be maintained on all HES's services to receive any refund under this guarantee.The refunded amount shall not exceed the amount of your annual renewal payment.This guarantee does not apply to structural fumigation or other wood destroying organism treatments or to any other pest not covered under this agreement.Requests for refunds under this guarantee must be made in writing following a joint inspection of the property by an HES manager and customer. Thank you for choosing Hulett Environmental Services, Pest Control's Finest! www.bugs.com 1-800-285-PEST (7378) Hulett Environmental Services C 2014 HES-TE003 12/14 GENERAL TERMS AND CONDITIONS 1. SPECIFIC EXCLUSIONS FOR RETREATMENT ONLY SERVICE:Unless the Retreatment and Repair option is selected on the front of this Agreement,Hulett Environmental Services(HES)is only obligated to retreat the Structure(s)if a live infestation of subterranean termites occurs following the initial treatment or service. Customer otherwise expressly waives and releases HES from any liability whatsoever for: a. Damage of ANY nature to the Structure(s)or its contents resulting from any species of subterranean termites,including Eastern,Formosan,Asian or West Indian subterranean termites,or any other insect,pest,mold,fungi or wood-destroying organism,including any of their respective aerial infestations; b. Damage and/or remedial treatments resulting from a disruption of the liquid termiticide barrier or conditions conducive to subterranean termite infestation or the Termite Baiting System or from the introduction of infested wood and/or furniture into the Structure(s)following the initial service; c. Personal expenses or economic damages such as lodging,meals,transportation,medical,gas, utilities,etc...;or reimbursement for loss of quiet enjoyment,loss of use or diminution in value of the Structure(s);or any indirect,special,or consequential damages,including loss of anticipated or actual profits,income or business opportunities,which arose as a result of an infestation or damage caused by subterranean termites or any service provided by this Agreement; d. Attorney'sfeesof anykind,including those-provided by any statute,including-a-Proposals for Settlement and-Load Star Multiplier,and any state-o-federal rule or pr party fees awarded as a result of any-collection action addressed in-NON-PAYMENT. coves-13)below; e. Injury or death to any domestic pets or feral animals;and, f. Damage caused by HES to trees,shrubs,flowers,sprinkler systems or portions of Structure(s)that interfere with the services provided under this Agreement. These specific exclusions are in addition to any and all other exclusions,disclaimers,limitations,or conditions contained within this Agreement. 2. SPECIFIC EXCLUSIONS FOR RETREATMENT AND REPAIR OPTION:If the Retreatment and Repair option is selected on the front of this Agreement,and Customer elects to purchase the Retreatment and Repair option found on the front of this Agreement,HES shall issue a Subterranean Termite Damage Replacement Addendum that modifies the terms,limitations,conditions and exclusions found within this Agreement. See our Subterranean Termite Damage Replacement Addendum for details. 3. LIMITATION ON LIABILITY:In the event that any of the exclusions in Paragraphs 1 or 2 do not apply for any reason,to include HES'negligence or breach of this Agreement, HES'liability for any claim whatsoever is limited to a return of the"Total 1st Year Charge"indicated on the front of this Agreement.This Agreement is not intended to benefit any person or entity other than the named Customer or subsequent Transferee. 4. INSPECTIONS AND DUTY TO AVOID CONDUCIVE CONDITIONS:During the effective period of this Agreement,HES will inspect the premises at such time as HES may deem necessary or upon Customer's request.The Customer shall make the Structure(s)available for inspection upon reasonable notice.Customer agrees to cooperate with HES during the term of this Agreement by avoiding and eliminating those conditions or factors that might contribute to a subterranean termite infestations or might distrupt the effectiveness of any treatment,whether conventional liquid treatment or baiting system.These conditions include,but are not limited to,construction defects,stucco terminated below grade, Exterior Insulation and Finish System(EIFS)or"synthetic stucco",wood,trash,direct wood to soil contact,tree stumps,standing water or aboveground moisture accumulations caused by any natural or man-made source.Such moisture accumulations include,but are not limited to,condensation,leaks from exterior walls,windows,doors,roofs,skylights, chimneys,gutters,downspouts,plumbing,plumbing fixtures,sprinkler systems,air conditions and heating systems(including condensate drains and duct work)or inadequate ventilation.In no event is HES responsible for damage to the Structure(s)or its contents resulting from any conditions conducive to a subterranean termite infestations.Customer agrees to eliminate any conducive conditions identified within sixty(60)days of HES'written notification.Customer's failure to eliminate the conducive condition within sixty(60) day will render this Agreement voidable,in part or in whole,by HES.If conducive conditions are found at the time of the initial inspection,these conditions will be notated on the front this Agreement.Unless corrected within sixty(60)days from the date of this Agreement,HES shall have no responsibility for any remedial service,damage or retreatments arising from any infestation or damage that results from any conducive conditions identififed during the initial inspection and noted herein. 5. RETREATMENT:Subject to the terms of this Agreement,HES will apply any necessary Liquid Defense Treatments or service to the Termite Baiting System at no additional charge to Customer if an active infestation of subterranean termites occurs in the Structure(s)while this Agreement is in effect. 6. MODIFICATIONS OR ALTERATIONS TO STRUCTURE(S):This Agreement only covers the Structure(s)identified on the front page of this Agreement.The Customer shall provide notification to HES in writing prior to any alteration,addition,modification or change to the Structure(s).The Customer further agrees to notify HES of any disruption to the termiticide barrier surrounding or beneath the perimeter of the Structure(s)(to include the disruption,removal or addition to the soil surrounding the foundation of the Structure(s)) or disturbing any of the Termite Baiting System's components.HES shall have the right to terminate this Agreement if Customer fails to provide the written notification required under this section.Any additional treatment or service required due to any alteration,addition,modification or change to the Structure(s)or any disruption of the termiticide barrier or disturbance to the Termite Baiting System will be provided by HES at Customer's expense. Customer agrees that HES shall have the right to charge an additional fee or increase the renewal fee stated on the front page of this Agreement,or both,as a result of such alteration,addition,modification,or change to the Structure(s)or disruption to the termiticide barrier or disturbance to the Termite Baiting System that occurs while this Agreement is in effect. 7. CHANGE IN LAW:Should any federal,state or local law or regulation change regarding this Agreement or the treatment or services rendered hereunder,HES is authorized to take any action necessary to comply with said laws.If HES cannot modify its Agreement,treatments or services to comply with such change in the law,then HES reserves the right to immediately terminate this Agreement. 8. NOTIFICATION OF SENSITIVITY OF PESTICIDES:If Customer or an occupant of the Structure(s)knows,or believes,that he or she may be sensitive to pesticides,Customer shall provide HES with written notice prior to any treatment to service to the Structure(s).HES reserves the right,upon receipt of such notification,to deny or terminate service. Failure to provide such written notification represents Customer's assumption of the risk and waiver of any claims against HES in connection with such sensitivity.Customer further agrees to indemnify,protect and hold harmless HES from any and all chemical sensitivity claims,causes,actions,judgments,costs,attorney's fees,expenses and losses of every kind and character,whether direct or indirect,brought by Customer or other occupants(including invitees and licensees)to the Property,if Customer fails to provide the above written notice. 9. BINDING exception-of-the-NON-PAYMENT- (Paragraph-�3below� sies-or daimsbetween ati tr - Veluntary t extent-possible,-be qualified-in termite.control and arbitrator shall-be-a-final and binding party-shall-suethe.other-where is or arises i if one-cannot be mutually agreed finally agree-that the soleand-exclusive-venue of-any-suit-shalt-be Palm-Beach.County,Florida-All cents,,expenses,and fees of arbitration and settling a controversy shall be borne equally by the parties his arbitration provision shall survive cancellation,expiration,-or termination of this Agreement. 10. TRANSFERABILITY:This Agreement is transferable to a new owner of the Structure(s)at HES'discretion. If HES consents to such transfer,the annual renewal fee may be adjusted. 11. TERMINATION:HES's responsibilities,duties,obligations,and any liabilities under this Agreement shall terminate if HES is prevented or delayed from fulfilling any of its duties, obligations or responsibilities under the terms of this Agreement by reasons or circumstances beyond its control or by the Customer's interference or refusal to provide HES with access to Structure(s). 12. SEVERABILITY:Customer agrees that if any part of this Agreement is held to be invalid or unenforceable for any reason,the remaining Terms and Conditions of this Agreement shall remain in full force and effect. 13. NON-PAYMENT:Notwithstanding any provision within this Agreement to the contrary,HES may initiate legal action to recover all unpaid balances.In the event a collection agency is utilized or legal action becomes necessary to recover any unpaid balances,Customer will be responsible to pay all expenses associated with said collection,including attorney's fees and costs.In the event that Customer fails to pay any sum due and owed under the terms of this Agreement,HES has the right to immediately terminate this Agreement. ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO THE LIQUID DEFENSE TREATMENT 1. INCLUDED DOCUMENTS:Customer acknowledges receipt of and agrees to comply with the Customer Preparation Sheet for Post-Construction Subterranean Termite Treatments and Customer Fact Sheet for Subterranean Termites provided by HES,which are incorporated by reference into this Agreement. ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO THE TERMITE BAITING SYSTEM 1. SERVICE EXPECTATION:The Termite Baiting System relies on the natural foraging habit of subterranean termites to achieve control or elimination of their colonies.Achievement of this end result may take time and is dependent on the size and number of colonies present,the number of conducive conditions,the treatment method used,and the number and placement of the stations that are deployed.Additional damage to the Structure(s)may occur because of the time required to gain control.During the one(1)year term of this Agreement,HES will keep Customer advised of any new or increased activity in the monitoring stations,as well as the addition,removal or redeployment of the monitoring stations.Dow AgroSciences,LLC's product information regarding the characteristics of the system will be provided to Customer prior to system installation.HES reserves the right to change the brand of systemic termite control system in use at the Structure(s)at its discretion. 2. OWNERSHIP OF TERMITE BAITING SYSTEM COMPONENTS:The Customer understands and agrees that all components of the Termite Baiting System are and remain the property of HES or Dow AgroSciences,LLC.Upon termination of this Agreement for any reason,Customer grants HES or Dow AgroSciences,LLC permission to enter the service address and Structure(s)to recover all Termite Baiting System components. RETREATMENT AND REPAIR OPTION If Customer elects to purchase the Retreatment and Repair option found on the front of this Agreement,HES shall issue a Subterranean Termite Damage Replacement Addendum that modifies the terms,limitations,conditions and exclusions found within this Agreement. See our Subterranean Termite Damage Replacement Addendum for details. Moneyback Guarantee:*This guarantee becomes effective 1 year from the date of the initial treatment and is conditioned upon the customer following HES's instructions as outlined in this Agreement,as well as the completion of all requested repairs and maintenance within 30 days of our initial inspection.A current balance,maximum 30 days,must be maintained on all HES's services to receive any refund under this guarantee.The refunded amount shall not exceed the amount of your annual renewal payment.Requests for refunds under this guarantee must be made in writing following a joint inspection of the property by an HES manager and Customer. Thank you for choosing Hulett Environmental Services, Pest Control's Finest! www.bugs.com Hulett Environmental Services©2016 1-800 285-PEST (7378) HES-TE007 06/16 HULEENV-02 MMCINTOSH ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlYYYY) 10/29/2019 •I 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 torms 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).TT PRODUCER NAMEACT Evergreen Insurance Agency A/C No, {561 966-8883 FAX 583 105th Ave.N Suite 2 ( ) ) (Aic,Nu):{561)964-8885 Royal Palm Beach,FL 33411 miss: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Michigan Commercial Ins.Mutual INSURED INSURER S:Evanston Insurance Company 35378 Hulett Environmental Svcs.,lnc INSURER C: 7670 Okeechobee Blvd. INSURER D: West Palm Beach,FL 33411 INSURER E: INSURER F: I _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR SR I TYPE OF INSURANCE ANSD SyvypI POLICY NUMBER (MM/DDIYYYYI (MM/DDIYYYYII LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ S CLAIMS-MADE OCCUR DAMAQE TO RENTED PREMISES(Ea warren(*) S MED IXP(Any one person) S PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY ya l LOC PRODUCTS-COMP/OP AGG $ OTHER: AUTOMOBILE LABIIJTY (Ea accident)NED GLE LIMIT ANY AUTO BODILY INJURY(Per person) S OWNEDSCHEDULEDAUTOSONLY _AUTOS BODILY INJURY (Per accident) S AUTOS ONLY AUTO OKFLY �P HIA GE S HUMBRELLA LIAB _OCCUR EACH OCCURRENCE _$ EXCESS LAB CLAIMS-MADE AGGREGATE S BED I RETENTION$ _ $ A WORKERS COMPENSATION y PER X STATUTE ER AND EMPLOYERS'LIABILITY WC100-0014887-2019A 11/1/2019 11/1/2020 100,000 ANY PROPRIETCRWARTNERIEXECUTIVE Y N E.L_EACH ACCIDENT b OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe Herder 500,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT S g Worker's Compensatio 3EV7104 11/1/2019 11/1/2020 See descr DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,AdditIonal Remarks Schedule,may be attached if more space Is required) Excess Employer's Liability$900,000 XS$100,000 Each Accident,$900,000 XS $100,000 Each Employee,$500,000 XS$500,000 Disease-Policy Limits CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier CountyBoard of CountyCommissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E Naples,FL 34112 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACcRD®A`o�to CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/9/2020 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: PESTSURE CERTIFICATES Alliant Insurance Services, Inc. PHONE FAX 16000 N. Dallas Pkwy E-MAIL C.No,Extf: 888-984-3813 (A/C,No): Suite 850 ADDRESS: PESTSURECERTS@ALLIANT.COM Dallas TX 75248 INSURER(S)AFFORDING COVERAGE NAIC# License#:0C36861 INSURER A:Old Republic Insurance Company 24147 INSURED HULEENV-02 INSURER B: Hulett Environmental Services, Inc. 7670 Okeechobee Blvd. INSURER C: West Palm Beach, FL 33411-2100 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:18263635 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y MWZY313739-20 10/1/2020 10/1/2021 EACH OCCURRENCE $2,000,000 DAMAGE RETED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y MWTB313759-20 10/1/2020 10/1/2021 COMBINED SINGLE LIMIT $2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED 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 ANYPROPRIETOR/PARTNERIEXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) All locations and operations.Add'I Insured coverage is provided by form by CG 20 10 12 19,See Attached. Collier County Board of County Commissioners,OR, Board of County Commissioners in Collier County,OR,Collier County Government,OR,Collier County included as additional insured.Insurance is primary and non-contributory.Pollution Liability is included under the General Liability policy at full policy limits,as respects Pesticide and Herbicide endorsement. 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 AUTHORIZED REPRESENTATIVE Naples FL 34112 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD MWTB313759-20 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person(s) or Organization(s): Any Person, Organization, Trustee or Estate as required by contract or agreement. With respect to COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured is changed with the addition of the following: Each person or organization shown in the Schedule for whom you are doing work is an"insured". But only for "bodily injury" or"property damage" that results from the ownership, maintenance or use of a covered "auto" by: 1. You; 2. an "employee" of yours; or 3. anyone who drives a covered "auto" with your permission or with the permission of one of your "employees". However, the insurance afforded to the person or organization shown in the Schedule shall not exceed the scope of coverage and/or limits of this policy. Not withstanding the foregoing sentence, in no event shall the insurance provided by this policy exceed the scope of coverage and/or limits required by the contract or agreement. PCA 001 10 13 MVVZY313739-20 COMMERCIAL GENERAL LIABILITY CG20011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: MWZY313739-20 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All persons or organizations when required by contract All completed operations. or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for"bodily injury"or"property If coverage provided to the additional insured is damage"caused, in whole or in part, by"your work" required by a contract or agreement, the most we at the location designated and described in the will pay on behalf of the additional insured is the Schedule of this endorsement performed for that amount of insurance: additional insured and included in the "products- completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance, insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 MWZY313739-20 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PESTICIDE OR HERBICIDE APPLICATOR COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART/FORM SCHEDULE Description Of Operations: Pesticide and/or Herbicide application (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). With respect to the operations shown in the above Schedule, Paragraph (1)(d)of Exclusion f. Pollution of SECTION I -COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply: 1. If the operations meet all standards of any statute, ordinance, regulation or license requirement of any federal, state or local government which apply to those operations; or 2. With respect to such operations, if there is a failure to meet the standards described in Paragraph 1. above and such failure qualifies as an "occurrence", this will not void coverage under this endorsement.All"bodily injury"and"property damage"occurring during the policy period as a result of such failure to meet standards described in Paragraph 1. above will be considered one "occurrence" and the date of the"occurrence" will be the date of a single erroneous application or the first application of a series of related erroneous applications. However, in no event does this insurance apply to pesticides and/or herbicides that at the time of the application are banned by government or regulatory authorities. GL 291 008 0119 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. POLICY NUMBER: MWZY313739-20 COMMERCIAL GENERAL LIABILITY CG 20 10 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All persons or organizations when required by contract All locations. or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equipment 1. Your acts or omissions; or furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s) at the location of the the additional insured(s) at the location(s) covered operations has been completed; or designated above. 2. That portion of "your work" out of which the However injury or damage arises has been put to its intended use by any person or organization 1. The insurance afforded to such additional other than another contractor or subcontractor insured only applies to the extent permitted by engaged in performing operations for a principal law; and as a part of the same project. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 MWZY313739-20 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19