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Backup Documents 12/08/2020 Item #16E 5 (ETR, LLC)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO RA 6 E 5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 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 County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP 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 forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management LC- It r`u) 2. County Attorney Office County Attorney Office i ( t /10 4. BCC Office Board of County td-. 10.a3 CommissionersA ) 4. Minutes and Records Clerk of Court's Office 4"6 r-A'`I3D4at'� 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 Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was December 8th,2020 Agenda Item Number 16.E.5 Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 20-7780 ETR, LLC number if document is ERT, LLC to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS 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 JS 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 JS 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 12/08/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifyin that the attached document is the version approve. -- is not BCC,all changes directed bythe BCC have been made,and the document is re,4 si 1- tion for Chairman's signature. t is line. DEC 0 8 2020 Risk Management 16E 5 MEMORANDUM Date: December 14, 2020 To: Jessica Suarez, Purchasing Technician Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #20-7780 "Fixed Term Service Multi-Contractor Award Agreement" Contractor: ETR, LLC Attached for your records is an original of the referenced document above, (Item #16E5) adopted by the Board of County Commissioners on Tuesday, December 8, 2020. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 16E 5 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 20-7780 for Fleet Vehicle and Equipment Maintenance andy� Repair Services THIS AGREEMENT, made and entered into on this UT' ' day of iii.C.e.a621( 20 20 , by and between ETR, L.L.C. authorized to do business in the State of Florida, whose business address is 700 S. French Ave, Sanford, FL 32771 , (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 I upon the date of Board approval I I 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 ❑i Purchase Order ❑ Noticc to Procccd. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Rcqucst for Proposal (RFP) ■ Invitation to Bid (ITB) Other ( ) # 20-7780 , 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 Tenn Service Multi-Contractor Agreement 2017.008(Ver.l) 16E 5 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 AI The procedure for obtaining Work under this Agreement is outlined in Exhibit A— Scope of Services attached hereto. 9ther Exhibit/Attachment: 3:4 The County reserves the rigl te-specify in each Req of co reage fld-tlae 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): transferred from the County to the contractor; ia '-abatih'P^ref ed Time-a cil-Mateciats--Th t�+a t-y--agrees to pa tle-amount--ef Jabec of hours times hourly rate), and f , 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 ■ 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) 16E 5 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 ❑ Travel and expenses shall be reimbursed as per Section 112.061 Ha. Stats. Reimbursements shall be at the following rates: Mileage B-eak $6410 Lunch $4-1-949 Dinner S19.00 Airfaro Actual ticket cost limited to tourist or coach slaw-fare Rental car Actual rental cost limited to compact or standard size vehicle Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parkcifig Actual cost of parking Taxi or Airport Limousine Actual cos long distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be 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 Tenn Service Multi-Contractor Agreement 2017.008(Ver.1) 16- E 5 Company Name: ETR, L.L.C. Address: 700 S. French Ave Sanford, FL 32771 Authorized Agent: Gerald Michaluk, President/CEO Attention Name & Title: Telephone: 407-339-6737 E-Mail(s): JerryRetrllc.org 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 Croft Division Name: Fleet Management Division Address: 2901 County Bard Rd Naples, FL 34112 Administrative Agent/PM: Michael Burks, Senior Operations Analyst Telephone: 239-252-4135 E-Mail(s): Michael.Burks@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. 1 6- E 5 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. IN 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. n 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) 1 6- E 5 �- liability for claims arising out of the performancc of profcscional scrviccs undcr this Agrccmcnt. Contractor waivos its right of rccovcry against County as to any claims under this insurance. Such insurance shall have limits of not less than $ oach claim and aggrcgatc. n fiber Liability Coverage shall have minimum limits of$ per claim. : Coverage shall have minimum limits of $ per 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) 16E 5 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 Fleet 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, RFP/ ■ ITB/ Othcr #20-7780 , including Exhibits, Attachments and Addenda/Addendum, cubccquent quotes; and ■ Other Exhibit/Attachment: Federal Contract Provisions 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 Tenn Service Multi-Contractor Agreement 2017.008(Ver.I) �40 16- E 5 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) 252-8999 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.1) 16E 5 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 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. • 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.1) le 16E 5 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. ❑ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, 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 acceptable to the County. 27. 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 to 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 Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) so 1GF 5 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. 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. persons will be utilized in the performance of the Agreement. The Contractor shall ascign dates. The Confras met: (1) Proposed replacements have substantially the same or better qualification: and/or experience. (2) that the County is notified in writing as far in advance as possible. personne Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.]) 1 E 5 ■ 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. ' , proved Executive Summary, the Contract Documents shalt take precedence. [■I ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly 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.1) 16E 5 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. I I SAFETY. All Contraetere-anel-s g service for Col4iec--Getfhty-ace +eahle r-trl , the safety of their employees and any unsafe acts-or conditions-that may cause injury or Collier County Government has authoriLed the Occupational Safety and Health AdffliflOAfati orations. This provision is non negotiable--by-any-€14 le tfaeter-s- e-Ret..-.,have he project. However, this decision s#etl tier County's k-1 la-nagemeat Safety-€-Reef, (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Tenn Service Multi-Contractor Agreement 2017.008(Ver.1) 16E 5 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. Kinzel, Clerk of Courts & COLLIER COUNTY, FLORIDA Comptroller By: By: I/ Burt L. Saunders , Chairman CMtY- (SEAL ' . \ , Arr Dated: SIq . • 7rl►►. 0'0 ' ) ' ' ETR, L.L.C. Contractor's Witnesses: Contractor DBA By: Contractor's First Witness Signature GerAIC' &AAI �°, iI4.v't Ct7 \ o ( IG TType/print signature and tit T TType/print witness nameT 63\or\ 00„6. .),3k) Contractor's S cond Witness Tod\r\nr\L-1 TType/print witness nameT Approved to Form and Legality: Poois� County AttoriA ney av Print Diame 4C.0,Ar0(11° Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) S 16E 5 Exhibit A Scope of Services Iui following this page (pages 1 through 1 ) J this exhibit is not applicable Page 15 of 17 Fixed Tenn Service Multi-Contractor Agreement 2017.008(Ver.1) (CA O ITB#20-7780 "Fleet Vehicle and Equipment Maintenance and Repair Services" 1 6 E EXHIBIT A SCOPE OF SERVICES BACKGROUND Collier County has a diverse assortment of vehicles and equipment that on occasion require maintenance and repairs services,including providing parts and accessories that can only come from regional dealerships or specialty service companies. These services augment the Fleet Division maintenance personnel as there may be some specialty areas that are beyond the capabilities, scope,or efficiencies of the Fleet Management Division. Those services/repairs may include, but not be limited, labor, diagnostics, and purchases of repair parts/accessories and other items. On these occasions, prearranged service agreements are needed to expedite repairs and lessen equipment downtime. DETAILED SCOPE OF WORK The intent of this Contract is to retain a multitude of Original Equipment Manufacturers (OEM) Contractors to complete services and repairs, including parts and accessories, to its vehicle and fleet equipment, on an as needed basis. If there are multiple vendors who represent the same Work will vary from minor to major mechanical work. This Contract is awarded on a per line item category as outlined in Exhibit B-Fee Schedule. Work Provisions may include: 1. Provide services and repairs, including parts and accessories according to the OEM specifications and to be completed in a quality manner. If an OEM equivalent part can be used and not affect current warranty terms,then the equivalent part may be approved by the Fleet Division in writing. 2. Provide for standard warranty of labor and/or parts/accessories purchased. 3. Provide all material,labor and equipment necessary in performing services in connection with repair and/or maintenance of County vehicles/equipment. 4. Provide an invoice which includes the following: a. Vehicle VIN number, County asset number and description; b. Purchase Order number; c. Number of labor hours and hourly rate and extended to the total labor cost for the service/repair; d. Manufacturers Suggested Retail Pricing(MSRP)cost for parts/accessories provided minus the discount and extended to the total materials cost. If the MSRP is not listed on the invoice,the vendor must identify a price list source for price comparisons. e. Mileage: If applicable, number of miles with rate for pick-up and/or delivery of disabled or repaired vehicle/equipment and the total number of miles and extended to the total cost of mileage. 5. The vendor shall provide secure storage of the County's vehicles, heavy equipment and machinery sent for repair. Secure storage is defined as an area or areas that will prevent damage from acts of vandalism,criminal damage,theft,or weather. Bid Schedule Instructions: 1. Category A: A vehicle/equipment which is serviced at the vendors place of business. The labor rate is to be inclusive of all wages, overhead,profit,indirect costs,and miscellaneous shop supplies. State and Federal mandated fees i.e.pollution and environmental fees are allowed on certain parts and services and are considered passthrough charges. 2. Category B: "Road Call" a vehicle/equipment which is serviced at any location which is not at the vendors place of business,this may include any Collier County Property, Collier County job sites or at the location the vehicle/equipment is deemed disabled. The labor rate is to be inclusive of all wages,overhead,profit,indirect costs,miscellaneous shop supplies,fuel and travel expenses. State and Federal mandated fees i.e.pollution and environmental fees are allowed on certain parts and services and are considered passthrough charges 3. Discount on parts and/or accessories will be for billing purposes and will not be considered as part of the award.If a vendor has an existing contract with Collier County for parts and/or accessories, then the existing discounted rate will be honored for all items purchased during services/repairs under the resultant award,unless a higher discount rate is offered in ITB#20-7780. 4. Mileage is the price per mile for pick-up and/or delivery of vehicle and/or equipment. This is only for billing purposes and will not be considered as part of the award. 5. Additional Manufacturers: List any additional manufacturers and the pertaining rates at the bottom of the Bid Schedule. This is an indefinite quantity term contract with no guaranteed volume,minimum or maximum of quantity to be purchased. Page 1 of 1 Exhibit A-Scope of Services CAO 16E 5 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) i6E 5 20-7780"Fleet Vehicle and Equipment Maintenance and Repair" EXIHBIT B-FEE SCHEDULE ETR,LLC Line Manufactor Category A:Labor Rate Catergory B:Labor Rate Discount Mileage ETR,LLC Discount on parts and/or Labor rate per hour"Road accessories.This is only for Labor rate per hour for services Call"is for services performed billing purposes and will not be P at any other locations EXCEPT considered as part of the award. Mileage is the price per mile for performed at the vendors place the vendors place of business. If a vendor has an existing pick-up and/or delivery of of business.Rate Is Inclusive of vehicle and/or equipment,This Rate is Inclusive of all wages, contract with Collier County for all wages,overhead,profit, is only for billing purposes and indirect costs,miscellaneous overhead,profit,indirect costs, parts/accessories,then the will not be concerned as part of shopsupplies,pollution fees,etc. miscellaneous shop supplies, discounted rate will be honored PP pollution fees,fuel,travel for all items purchased during the award. expenses,etc. services/repairs under this contract. 1 AALADIN(pressure elcar.,l $106.00 $110.00 10% $1.08 Primary 2 ACC CLIMATE CONTROL(HVAC products) $106.00 $110.00 0% Primary 3 ALCOA(wheel products) $106.00 $110.00 0% Primary 4 AMERICAN LA FRANCE(truck parts) $106.00 $110.00 10% Primary 5 BRAUN ABILITY(wheelchair lifts) $106.00 $110.00 10% Primary 6 CODE 3(emergency lighting) $106.00 $110.00 10% Primary 7 COLEMAN RV AIR CONDITIONERS $106.00 $110.00 0% Primary 8 DOMETIC(RV air conditioner) $106.00 $110.00 0% Primary 9 FEDERAL SIGNAL CORPORATION(emergency lighting) $106.00 $110.00 10% Primary 10 GROTE INDUSTRIES(lighting products) $106.00 $110.00 10% Primary 11 HAVIS INC.(vehicle accessories) $106.00 $110.00 10% Primary 12 HORTON(cooling system components) $106.00 $110.00 10% Primary 13 INTERMOTIVE MC.(vehicle control systems) $106.00 $110.00 10% Primary 14 KUSSMAUL ELECTRONICS(lighting.electronics) $106.00 $110.00 10% Primary 15 PRO-VISION(video systems) $106.00 $110.00 0% Primary 16 RED DOT CORPORATION(HVAC products) $106.00 $110.00 0% Primary 17 SAFETY VISION(video systems) $106.00 $110.00 10% Primary 18 SIGNAL TECHNOLOGY(video systems) $106.00 $110.00 0% Primary 19 TRUCK-LITE(truck lighting) $106.00 $110.00 0%, Primary 20 WELDON(lighting) $106.00 $110.00 10% Primary 21 WHELEN ENGINEERING COMPANY(emergency lighting) 5106.00 5110.00 10% Primary Mileage Rate for Pick-Up Labor Rate for Category A as Labor Rate for Price for Discount on Parts and/or and/or Delivery as Stated Additional Manufacturers: stated above Category B as Stated Above Accessories as Stated Avove Above 22 AEV AMBULANCE $106.00 $110.00 10% Primary 23 AKRON BRASS $106.00 $110.00 10% Primary 24 AMDOUR(door and lighting) $106.00 $110.00 10% Primary 25 BUELL MFG. $106.00 $110.00 10% Primary 26 COMPX $106.00 $110.00 10% Primary 27 CPI $106.00 $110.00 10% Primary 28 DANHARD(HVAC system) $106.00 $110.00 10% Primary 29 EVS(seats) $106.00 $110.00 10% Primary 30 FERN() $106.00 $110.00 10% Primary 31 FIRE COM 5106.00 $110.00 10% Primary 32 FIRE RESEARCH $106.00 $110.00 10% Primary 33 FRONTLINE AMBULANCE $106.00 $110.00 10% Primary 34 GROVER $106.00 $110.00 0% Primary 35 HANNAY $106.00 $110.00 0% Primary 36 HARRISON HYDRAULICS $106.00 $110.00 0% Primary 37 HOSELINE(HVAC systems) $106.00 $110.00 10% Primary 38 INTERTEK $106.00 $110.00 0% 39 KINEUIP(lighting) Primary (e B) $106.00 $110.00 10% Primary 40 PAC(tool mounts) $106.00 $110.00 0% Primary 41 PHOENIX $106.00 $110.00 10% Primary 42 PRO AIR(HVAC systems) $106.00 $110.00 10% Primary 43 REV PARTS $106.00 $110.00 10% Primary 44 ROM CORP(doors) $106.00 $110.00 10% Primary 45 ROSCO VISION SYSTEMS $106.00 $110.00 0% Primary 46 SIERRA WIRELESS $106.00 $110.00 0% Primary 47 SOUTHEAST POWER $106.00 $110.00 0% Primary 48 STRYKER $106.00 $110.00 10% Primary 49 TECHNIQ LIGHTING $106.00 $110.00 10% Primary 50 VANNER $106.00 $110.00 10% Primary 51 WHEELED COACH AMBULANCE $106.00 $110.00 10% Primary 52 WISE(seats) $106.00 $110.00 10% Primary 53 ZIAMATIC $106.00 $110.00 10% Primary 54 ZONE DEFESE(camera systems) $106.00 $110.00 10% Primary CAO 16E 5 Other Exhibit/Attachment Description: Federal Contract Provisions ■ following this page (pages 1 through 14 this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) S 16E 5 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS FEDERAL TRANSIT ADMINISTRATION CFDA 20.507 (URBANIZED AREA FORMULA FUNDING) CONTRACTOR COMPLIANCE OVERVIEW AND REQUIREMENTS The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract. The services performed under 49 U.S.C. 5307 by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. FCP-1 CAO 1 6 L 5 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS FLY AMERICA REQUIREMENTS (Applies to subcontracts) The Contractor agrees to comply with the following: a) Definitions. As used in this clause-- • "International air transportation" means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. • 'United States" means the 50 States, the District of Columbia, and outlying areas. • "U.S.-flag air carrier" means an air carrier holding a certificate under 49 U.S.C. Chapter 411, b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S,-flag carriers for international air transportation of personnel (and their personal effects) or property. d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.- flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]: e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. CARGO PREFERENCE REQUIREMENTS (Applies to subcontracts) Use of United States-Flag Vessels -The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.); and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. ENERGY CONSERVATION REQUIREMENTS (Applies to subcontracts at every tier) (Applies to subcontracts at every tier) FCP-2 16E 5 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS 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. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACTS (Applies to subcontracts OVER 150,000 at every tier) The Contractor agrees: 1) It will not use any violating facilities; 2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA "List of Violating Facilities;" 3) It will report violations of use of prohibited facilities to FTA; and 4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§7401 —7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). 5) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. LOBBYING Contractors who apply or bid for an award of$100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." 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 the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at every tier) a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. FEDERAL CHANGES Contractor shall at all times comply with all applicable ETA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. FCP-3 1 1 6- E 5 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS RECYCLED PRODUCTS Recovered Materials The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials," 40 C.F.R. part 247. The list of EPA-designated items is available at: https://www.epa.gov/smm/comprehensive-procurement-guidelines-construction- products Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. NO GOVERNMENT OBLIGATION TO THIRD PARTIES(Applies to subcontracts at every tier) (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD OR FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (Applies to subcontracts at every tier) (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by ETA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION Unless otherwise provided in this contract, 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. FCP-4 ;CAO 16E 5 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (Applies to subcontracts) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount, As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be' a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e)Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the COUNTY. If it is later determined by the COUNTY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, 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. PRIVACY ACT The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. CIVIL RIGHTS AND EQUAL OPPORTUNITY(Applies to subcontracts at every tier) The following requirements apply to the underlying contract: The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. §5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. • • FCP-5 16- E 5 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. §5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R, chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F,R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.G. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. BREACHES AND DISPUTE RESOLUTION (Applies to subcontracts at every tier over$150,000) Disputes - Unless otherwise provided in this contract, 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 the vendor with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER 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 the vendor with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'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. Stats. 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. FCP-6 CAO 16E 5 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS DISADVANTAGED BUSINESS ENTERPRISE(Applies to Subcontracts at every tier) It is the policy of the Collier County Board of County Commissioners (BCC) to ensure that Disadvantaged Business Enterprises (DBE)s are defined in part 26, have an equal opportunity to receive and participate in Department of Transportation (DOT)—assisted contracts. It is also our policy: 1. To ensure nondiscrimination in the award and administration of DOT—assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. DBE Participation For the purpose of this Contract, the COUNTY will accept only DBE's who are: 1. Certified by the Florida Unified Certification Program; or 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or 3. Certified by another agency approved by the COUNTY. DBE Participation Goal Collier Area Transit's goal for DBE participation is 1.6%. A separate contract goal has not been established for this procurement. Proposed Submission Each Bidder/Offeror, as part of its submission, shall complete an Anticipated DBE Statement that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises with whom the Bidder/Offeror intends to contract with for the performance of portions of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. FCR•7 1 6- E 5 EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS Monitoring and Enforcement The COUNTY shall monitor the Contractor's DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs. These reports shall provide the following details: • DBE utilization established for the Contract; •Total value of expenditures with DBE firms for the period; •The value of expenditures with each DBE firm for the period by race and gender; •Total value of expenditures with DBE firms from inception of the Contract; and • The value of expenditures with each DBE firm from the inception of the Contract by race and gender. The Contractor shall not terminate DBE subcontractor(s) without the COUNTY's prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract. The records will be made available for inspection upon request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information State DOT and DBE Program Websites may be found here: https://fdotxwp02.dot.state.fl.us/Equa10pportunityOfficeBusinessDirectory/ Additional information on Collier Area Transit's DBE Program can be found at CAT's website http://www,collieraov.net/your-government/divisions-f-r/public-transit-neighborhood-enhancement/our- services-/collier-area-transit-cat/dbe INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (Applies to subcontracts) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COUNTY requests which would cause the COUNTY to be in violation of the FTA terms and conditions. FCP-8 S 16E 5 EXHIBIT 1.B GRANT CONTRACT ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES 1. Acknowledgement of Grant Terms and Conditions 2. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 3. Anticipated DBE, MANBE or VETERAN Participation Statement 4. Bid Opportunity List for Commodities, Contractual Services or Professional Consultant Services 5. Certification Regarding Lobbying GCA- 1 CAO 16E 5 EXHIBIT 1.B GRANT CONTRACT 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 ETR, LLC Date 8/28/20 Authorized Signature GCA-2 CAO 16E 5 EXHIBIT 1.B GRANT CONTRACT ASSURANCES CERTIFICATION REGARDING:DEBARMENT)SUSPENSION INELIGIBILITY and VOLUNTARY EXCLUSION (1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,State or local)with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Zeb Webb NA Name DUNS Number Vice President 593751100 Title Tax ID Number ETR, LLC Firm 700 S. French Ave,Sanford, FL 32771 Street Address, City,State,Zip 4/1/e/1- Signs re GCA-3 ,? 16E 5 EXHIBIT 1.6 GRANT CONTRACT ASSURANCES COWER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status*AR be verified. Umtata'hie statuses wit require the PRIME to either pu ivde a sev"sed statement or provide matte documentation that validates a status_ Pril• s rtlL + ,lsY'• nt;I: NP,I, '",�•Y�a tirtili4r+_' ''j. s r7 *j{`^'itz°.t•54rF lit-.P='ra1' 112RNWIPI ty' '{�,_ tis `TI P'T� V �;4,-7 `' :gri t YSs 1;r`rR ' 1.�.. + ;•t Y rr,? `, SALFI=? itI111j .�C! +b`;.rs1£ •'— �''.th.? ,s Y i' "£ }"'}`•' t t4. {�" �, � .i+I�' Y r 't t_ 4 J �it .< r £..�.Ali PRIME NAME PRIME fEMDNUMBER CONTRACT DOLLAR AMOUNT ETR, LLC 593751100 NA IS THE PRIME A€LOSIMA-CERTSRIIJ DISADVANTAGED, ETERAN y 8 Is THE ACTIVITY OF THIS Ctllrr ACT_. MINE:ROTY'C%t WOMEN BUSINESS ENTERPRISE? DBE? V t / WPM-RUCTION? V hf (DBEI%thEIWBE)OR HAVE A SMALL DISADVANTAGED ausui£558A1ttisl1CATIONFROM THE smattBUSINESS MBE? 'r O CONSULTATION? Y N ADMINISTRATION? A.SERVICE DLCAB/IDVETERAN? we Y ® OTHER? ( ) N SOB aA? if \.% . .. IS THIS SUBAffi5 iota A REVISION? Y N IF YES,REVISION NUMBER st W wt 'ri r h+ 8"ti sv, k ti .t "'�r �+xa1�ty-�- +t.��pl,->:t �4t�raci.xti �'re•-w��-�. �-i�•� -�� h :.r �a-,� .�;5�`a,�'t �:' '�! .4� r�.�` +� �.��� � faikn w i t *4t hR rrl ti }{4-14'i,: :1 ijtC y£t + 3i y rat Y ? 1 xe i'f +1t s, 4,ya 0 i L' 7'�- #--'r, ,.+ �N °t f--ter=' ?.�x' -I -.st .q':r .+�-4+.•c �.'jki I =c ::+ `_t.'; c° 41,�1S,� -yir fi `� .. a S^.*�y. y3 yYwy{ Jrl: SY• r y:E-4'VM m 'r }� ' a r_q r r e Y f it7 .�.'� y['Ti <i'3�1. $��4ir���^'CL!Y+,.4i],� �>�.. <[tu�t/z:•:�1.^�A'1. ��477✓,i44 , �" .:YJ ,.L: DBE MANE SUBCONTRACTOR OR SUPPLIER TYPE Of WORK OR :ETHNICITY CODE Sui/MJPPt3ER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below} DOLLAR AR Al OUMT .DOLI.l5R5 raTOTA.S: ' •i �'t £^ 01:k�s h i ,4t{li1;`1 •itA). 77 eT' .1*ef }v tclv i4ll S' i;*rr"y' tr•:��1 7'. fg x .I'. ur t ", ' . , w:'44,64t . t ui, < 4.4- °NAME OF SUBMITTER DATE TITLE OF SIIIINunist ZEB WEBB 08/28/20 VICE PRESIDENT EWA.ADDRESS OF PRMAE{SUBMITTER) TELEPHONE NUMBER FAX NUMBER zwebb@etrlic.org 407-339-6737 407-339-8198 • NOTE:This informationis used to track add report anticipated DBE oi Mws partropatiun in federal@y-fundedCOCIIIacts_The anticipated DBE or MBE aaac unt is voltastary and will not become pert ante corrtractaal terms_This form must be sulxnisted at time of response to a solicitation. of and when awanfed a County Conti att.the prime will be asked too update the information for the grant compliance files. P;iS y,y3, .;710�� 5cf yV;rsl<'% N,$*e :""jI=•'� ,�f '•`y sar'31...r'':' t9spanic American HA S', r;11 Ssyr3 zsyT t•c? a:i5 r•�Fe�. F 1-spa, c.I:_•.r h�b..tr�.'i+,�`'.' -r:;rrc mrfl Sebcont Asian American R jTAiM;72 e k2a y Fi'Q." yJ� "-' l t-Te.Ff Pion-Minority Women MAW {4yrft 7 t"'+Selo [e�8, s +£ Tt`f` i?..1`t< J.r`S�k`v'3'<''Rtt i�t YMy xo.. 'Yl"4i grid 4+ �*Ri3 t i 'f<r^T�"i`4,Pl i l ari.l4 x °1 .n1fi I.:x,_ 1!. a';i.34,•,:7,:laz<:.,ta.I,<.,;,sfrfr::t*i•`iR.`t;Y,,t,,r:... ,,�,..:.s..f.. x'�....,__�..�.`,:!,.'.t-ls'3'r'' ��.'°~l�r.tu!'.a;$,,,� �'t'IL.�i'���� l�tiir.4i� ..5. �... DEPARTMENT NAME COWER CONTRACT P[1FBfAtP or F OAED) GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE GCA-4 CAO 16E 5 COWER COUNTY GRANT COMPLIANCE FORM BID OPPORTUNITY LIST FOR COMMODITIES,CONTRACTUAL SERVICES OR PROFESSIONAL CONSULTANT SERVICES it is the policy of Collier County that disadvantaged businesses and minority vendors,as defined in the Code of Federal Regulations(CFR)or Florida Statutes(FS),must have the opportunity to participate on contracts with federal and/or state grant assistance. Prime Contractor/Prime Consultant: ETR,LLC Address and Phone Number: 700 5.French AVE,Sanford,FL 32771 407-339-6737 Procurement Number/Advertisement Number: 20-7780 The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above. The list must include the firm bidding or quoting as prime,as well as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 1,2,3,and 4;and,should provide any information they have for Numbers 5,6,7,and 8. This form must be submitted with the bid package. 1. Federal Tax ID Number: 593751100 6.0 DBE 8. Annual Gross Receipts 2. Firm Name: ETR,LLC Non-DBE Less than$1 million 3. Phone Number: 407-339-6737 _Between$1-5 million 4. Address 700 S.French AVE,Sanford,FL 32771 X Between$5-10 million 7. Subcontractor Subconsultant `.. ....Between$10-15 million More than$15 million 5. Year Firm Established: 2001 1. Federal Tax ID Number: 6.E DBE 8. Annual Gross Receipts 2. Firm Name: Non-DBE Less than$1 million - 3. Phone Number: Between$1-5 million _•••••V 4. Address Between$5-10 million 7.ter. Subcontractor ..ter Between$10-15 million Subconsultant More than$15 million 5. Year Firm Established: Ei 1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts _2. Firm Name: Non-DBE Less than$1 million 3. Phone Number: Between$1-5 million 4. Address Between$5-10 million -y 7.El SubcontractorBetween$10-15 million Subconsultant More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6.FJ DBE 8. Annual Gross Receipts 2. Firm Name: Non-DBE Less than$1 million ~,3. Phone Number: Between$1-5 million ®i 4. Address Between$5-10 million ^_7. Subcontractor Between$10-15 million Subconsultant More than$1S million 5. Year Firm Established: GCA- 5 CAO 1 E 5 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES LOBBYING CE1fl tF1cATFOK 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. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. ETR, LLC Contractor(Firm Name) Signature of C tr ctor's Authorized Official Zeb Webb/Vice President Name and Title of Contractor's Authorized Official 08/28/20 Date CAO GCA- 7 16E 5 A Rom® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOIYYYY) 11/3/2020 t 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. li 1 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). u PRODUCER CONTACT JD Fulwiler&Co., Insurance NAME: Megan McGlohn 5727 S Macadam acNo.Eat):503-977-5659 FAX 503-977-5859 Portland OR 97239 ADDRESS; mmcdlohnjdfulwiler.com 1 INSURER(S)AFFORDING COVERAGE NAIL it INSURER A:Travelers Property Casualty Insurance Company 36161 d, INSURED ETRLLCO-01 INSURER B:Travelers Property Casualty Co of America 25674 z ETR, LLC I 700 S French Avenue INSURER C:The Phoenix Insurance Company 25623 Sanford FL 32771 INSURER 0: ilINSURER E: f INSURER F: COVERAGES CERTIFICATE NUMBER:1490686757 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 ii 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. k INSR ADDL SUBR POLICY EFF POLICY EXP it LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMFDOIYYYY) (MM(DD/YYYYL LIMITS A X COMMERCIAL GENERAL LIABILITY Y 6305H916536 10/1/2020 10/1/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED 3 PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 t PERSONAL&ADV INJURY $1,000,000 1 GEN'L AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE $2,000,000 pppI X POLICY JET LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY GA5H916536 10/1/2020 10/1/2021 COMBINED SINGLE LIMIT $1,000,000 t C AD3L963195 10/1/2020 10/1/2021 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ t 3 OWNED SCHEDULED BODILY INJURY(Pereccide0 $ AUTOS ONLY AUTOS ) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ X HAPD" Medical Payments $5,000 A )( UMBRELLA LIAB X OCCUR CUP3L97482A 10/1/2020 10/1/2021 EACH OCCURRENCE $5,000,000 1 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DEO X RETENTIONS 0 $ 1 A WORKERS COMPENSATION PER OTH- U66H806926 11/13/2020 11/13/2021 X STATUTE ER AND EMPLOYERS'LIABILITY Y/N ;l ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 F OFFICERIMEMBEREXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 t If EO under E,L.DISEASE-POLICY LIMIT $1,000,000 (DESCRIPTION N OF OPERATIONS below I it B Garage Liability GA5H916536 10/1/2020 10/1/2021 Other Than Auto Only 1,000,000 I,': C GKL' AD3L963195 10/1/20201 10/1/2021 gg 3,000,000 Other Than Auto I; i DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space Is required) **Hired Auto Physical Damage-Actual Cash Value or Cost of Repair,whichever is less,minus comprehensive deductible of$0 and collision deductible of $1,000. 1 RE: Any and all work performed on behalf of Collier County. Collier County Board of County Commissioners,or Board of County Commissioners in Collier 1 County,or Collier County Government are added as additional Insureds for any and all work performed in Collier County as respects operations of the named 1 insured in accordance with the policy terms,conditions&exclusions. Primary Non-contributory applies. ,II y9 C P CERTIFICATE HOLDER CANCELLATION 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE li THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN i ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners ii 3295 Tam iami Trail E Naples FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. i ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE 1 16E 5 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO DEALERS XTEND ENDORSEMENT - FLORIDA i l This endorsement modifies insurance provided under the following: L GARAGE COVERAGE FORM 1 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless M( modified by the endorsement. GENERAL DESCRIPTION OF COVERAGE--This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement, The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS g of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not ) covered. A. Personal And Advertising Injury Liability I. Blanket Waiver Of Subrogation Coverage J, Hired Auto Physical Damage — Loss Of Use — a B. Host Liquor Liability Coverage Increased Limit I. i C. Damage To Premises Rented To You K. Personal Property D. Incidental Medical Malpractice L. Physical Damage — Transportation Expense — I E. Non Owned Watercraft Increased Limit F. Additional Insured Persons M. Customized Furnishings G. Additional Insured — Newly Acquired Or Formed N. Notice And Knowledge Of Accident Or Loss Garage Businesses O, Unintentional Errors Or Omissions G H. Limited Worldwide Liability Coverage P. Drive Away Collision i I PROVISIONS We may investigate and settle any claim or A. PERSONAL AND ADVERTISING INJURY "suit" as we consider appropriate.Our duty to LIABILITY COVERAGE defend or settle ends when the Personal And a Advertising Injury Limit of Insurance has been n 1. The following is added to Paragraph A., exhausted by payment of judgments or II Coverage, of SECTION II — LIABILITY settlements, 1 COVERAGE: 2. The following is added to Paragraph A.3., Personal And Advertising Injury Liability Who Is An Insured, of SECTION II — Coverage LIABILITY COVERAGE: 9 We will pay all sums the "insured" legally The following are "insureds" for "personal a must pay as damages because of "personal injury" or"advertising injury": injury" or "advertising injury" caused by an i rY g offense arising out of your "garage (1) You. operations" but only if the offense was (2) Your partners and their spouses (If you committed in the coverage territory during the are a partnership) or your members (if 1 policy period. you are a limited liability company). None We will have the right and duty to defend any of your partners or their spouses (if you "insured" against a "suit" asking for these are a partnership) nor your members (if damages. However, we have no duty to you are a limited liability company) Is an defend any "insured" against a"suit" seeking "insured" for "personal injury" or damages for "personal injury" or "advertising "advertising injury" resulting from the injury" to which this insurance does not apply. conduct of any other partnership. CA F2 31 08 17 ©2016 The Travelers indemnity Company Page 1 of 8 Includes copyrighted material of Insurance Services Office,Inc.with its permission 16E 5 I 1 t COMMERCIAL.AUTO } I t (3) Your "employees", executive officers, Unsolicited Communication d directors and stockholders but only while "Bodily injury", "property damage", "personal R acting within the scope of their duties. injury" or"advertising injury" arising out of any 3. The following replaces Exclusion 2., actual or alleged violation of any law that I Contractual, in Paragraph B., Exclusions, of restricts or prohibits the sending, transmitting SECTION II—LIABILITY COVERAGE: or distributing of"unsolicited communication". 2. Contractual 6. The following exclusions are added to i Liability assumed under any contract or Paragraph B., Exclusions, of SECTION II — LIABILITY COVERAGE: agreement. But this exclusion does not apply to liability for damages: Knowing Violation Of Rights Of Another { a. Because of "bodily injury", "property "Personal injury" or 'advertising injury" a damage" or "personal injury" caused by or at the direction of the "Insured" assumed by you in a contract or with the knowledge that the act would violate agreement that is an "insured the rights of another and would inflict I contract", provided that: "personal injury" or"advertising injury". Material Published With Knowledge Of j (1) The "bodily injury" or "property Falsity damage" occurs;or j The "Personal injury" or"advertising injury"arising (2) "personal injury" is caused out of oral or written publication, including by an offense committed; publication by electronic means, of material, if I j subsequent to the execution of the done by or at the direction of the "insured" l contract or agreement; or with knowledge of its falsity. b. That the "insured" would have in the Material Published Or Used Prior To Policy absence of the contract or Period agreement. j a. "Personal injury" or "advertising injury" 4. The following replaces Exclusion 16., War, in arising out of oral or written publication, j Paragraph B., Exclusions, of SECTION II — including publication by electronic means, LIABILITY COVERAGE: of material whose first publication took i 16. War place before the beginning of the policy h "Bodily injury", "property damage", period; or c, "personal injury" or "advertising Injury" b. "Advertising Injury" arising out of 1i arising directly or indirectly out of: infringement of copyright, "title" or a. War, including undeclared or civil "slogan" in your "advertisement" whose • • • war; first Infringement in your "advertisement" was committed before the beginning of b. Warlike action by a military force, the policy including action in hindering or p Y period. u defending against an actual or Criminal Acts expected attack, by any government, "Personal injury" or"advertising injury" arising j sovereign or other authority using out of a criminal act committed by or at the military personnel or other agents;or direction of any"insured". I c. Insurrection, rebellion, revolution, Breach of Contract usurped power or action taken by "Advertising injury" arising out of a breach of i governmental authority in hindering or defending against any of these. contract. 5. The following replaces Exclusion 17., Quality Or Performance Of Goods — I Distribution Of Material In Violation Of Failure To Conform To Statements Statutes Exclusion Applicable To "Garage 'Advertising injury" arising out of the failure of I Operations"—Other Than Covered"Autos", goods, products or services to conform with in Paragraph B., Exclusions, of SECTION II— any statement of quality or performance LIABILITY COVERAGE: made in your"advertisement". I, 11 ii l Page 2 of 8 0 2016 The Travelers Indemnity Company CA F2 31 08 17 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission f II i! II it li I 1 6E 5 COMMERCIAL AUTO Wrong Description Of Prices coercion, demotion, evaluation, "Advertising injury" arising out of the wrong reassignment, discipline, defamation, harassment, humiliation, description of the price of goods, products or services stated in your"advertisement", discrimination or malicious prosecution directed at that person; Electronic Chatrooms Or Bulletin Boards or "Personal injury" or"advertising injury" arising b. The spouse, child, parent, brother or out of an electronic chatroom or bulletin board sister of that person as a consequence of the "insured" hosts, owns, or over which the "personal injury" or "advertising injury" to "insured"exercises control. that person at whom any of the Unauthorized Use Of Another's Name Or employment-related practices described Product in Paragraph (1), (2) or (3) above is "Personal injury" or"advertising injury" arising directed. out of the unauthorized use of another's name This exclusion applies: or product in your email address, domain a. Whether the injury-causing event name or metatag, or any other similar tactics described in Paragraph (1), (2) or (3) to mislead another's potential customers. above occurs before employment, during Intellectual Property employment or after employment of that "Personal injury" or"advertising injury" arising person; out of any actual or alleged infringement or b. Whether the "insured" may be liable as violation of any of the following rights or laws, an employer or in any other capacity;and or any other "personal injury" or "advertising c. To any obligation to share damages with injury" alleged in any claim or "suit" that also or repay someone else who must pay E' alleges any such infringement or violation: damages because of the injury. a. Copyright; Violation Of Consumer Financial b. Patent; Protection Laws c. Trade dress; "Bodily injury", "property damage", "personal d. Trade name; injury" or"advertising injury" arising out of any actual or alleged violation of a "consumer e. Trademark; financial protection law", or any other "bodily f. Trade secret; or injury", "property damage", "personal injury" g. Other intellectual property rights or laws. or "advertising injury" alleged in any claim or "suit"that also alleges any such violation. This exclusion does not apply to: Pollution a. "Advertising injury" arising out of any actual or alleged infringement or violation "Personal injury" or"advertising injury"arising of another's copyright, "title" or"slogan" in out of the actual, alleged or threatened your"advertisement";or discharge, dispersal, seepage, migration, b. Any other"personal injury" or"advertising release or escape of"pollutants" at any time. injury" alleged in any claim or "suit" that Bodily Injury Arising Out Of Personal Or also alleges any such infringement or Advertising Injury violation of another's copyright, "title" or "Bodily injury" arising out of "personal injury" "slogan" in your"advertisement". or"advertising injury". Employment Related Practices 7. The following is added to Paragraph 1., "Personal injury"to: Aggregate Limit Of Insurance — "Garage Operations"—Other Than Covered "Autos", a. A person arising out of any' in C., Limit Of Insurance, of SECTION II — (1) Refusal to employ that person; LIABILITY COVERAGE: (2) Termination of that person's Subject to the Aggregate Limit Of Insurance— employment; or "Garage Operations" — Other Than Covered (3) Employment-related practices, "Autos" and regardless of the number of policies, acts or omissions, such as "insureds", claims made or "suits" brought or CA F2 31 08 17 ©2016 The Travelers Indemnify Company Page 3 of 8 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 16E 5 t 1 I d , COMMERCIAL AUTO n 1 persons or organizations making claims or person or organization that claims to bringing "suits', the Personal And Advertising have been slandered or libeled, or il Injury Limit Of Insurance is the most we will that claims to have had its goods, ; pay for the sum of all damages because of all products or services disparaged; 11 "personal injury" or "advertising injury" b. Oral or written publication, including sustained by any one person or organization. publication by electronic means, of 1 The amount of that limit is equal to the Each material in your"advertisement"that: j "Accident" Limit of Insurance - "Garage Operations" — Other Than Covered "Autos" (1) Appropriates a person's name, shown in the Declarations. voice, photograph or likeness; t. t 8. The following replaces Paragraph 5. of the (2) Unreasonably places a person in definition of "insured contract" in the a false light;or k DEFINITIONS Section: (3) Discloses information about a 5. That part of any other contract or person's private life; or agreement pertaining to your garage c. Infringement of copyright, "title" or ! s business (including an indemnification of "slogan" in your "advertisement", a municipality in connection with work g provided that the claim is made or the performed for a municipality) under which "suit" is brought by a person or you assume the tort liability of another to organization that claims ownership of 1 pay for"bodily injury", "property damage" such copyright,"title"or"slogan". or "personal injury" to a third party or 3 organization.Tort liability means a liability 2. Includes "bodily injury" caused by one or 3 that would be imposed by law in the more of the offenses described in absence of any contract or agreement. Paragraph 1, above. I 9. The following is added to the DEFINITIONS "Consumer financial identity information" Section: means any of the following information for a j "Advertisement" means a notice that is person that is used or collected for the broadcast or published to the general public purpose of serving as a factor in establishing 1 or specific market segments about suchperson's eligibility for personal credit, p g your g y goods, products or services for the purpose of insurance or employment, or for the purpose attracting customers or supporters. For the of conducting a business transaction: purposes of this definition: 1, Part or all of the account number, the s 1, Notices that are published include expiration date or the balance of any material placed on the Internet or on credit, debit, bank or other financial similar electronic means of account. 1 communication; and I 2. Information bearing on a person's credit i 2. Regarding web sites, only that part of a worthiness, credit standing or credit i web site that is about your goods, capacity. products or services for the purposes of j attracting customers or supporters is 3. Social security number. considered an advertisement. 4. Drivers license number. 1 "Advertising injury": 5. Birth date. 1 1. Means injury, other than "personal injury", "Consumer financial protection law"means: caused by one or more of the following offehses: 1. The Fair Credit Reporting Act (FCRA) a. Oral or written publication, including and any of its amendments, including the publication by electronic means, of Fair and Accurate Credit Transactions Act (FACTA); material in your "advertisement" that ) slanders or libels a person or 2. California's Song-Beverly Credit Card Act organization or disparages a person's and any of its amendments; or Or organization's goods, products or services, provided that the claim is 3. Any other law or regulation that restricts 1 made or the "suit" is brought by a or prohibits the collection, dissemination, I Page 4 of 8 ©2D16 The Travelers Indemnity Company CA F2 31 08 17 1f Includes copyrighted Material of Insurance Services Office,Inc.with its permission 4 1 l 16E 5 1 i COMMERCIAL AUTO V ij 11 transmission, distribution or use of a. Any person or organization, other "consumer financial identity information". than you; or e "Personal injury": b. Any business, or any of the premises, g 1. Means injury, other than "advertising goods, products, services or work, of injury", caused by one or more of the any person or organization, other I following offenses: than you. "Title" means a name of a literary or artistic ; a. False arrest, detention or work. imprisonment; ,. b. Malicious prosecution; "Unsolicited communication means any communication,in any form, that the recipient ri c. The wrongful eviction from, wrongful of such communication did not specifically i entry into, or invasion of the right of request to receive. private occupancy of a room, dwelling or premises that a person occupies, B. HOST LIQUOR LIABILITY COVERAGE provided that the wrongful eviction, The following is added to Paragraph A., wrongful entry or invasion of the right Coverage, of SECTION II — LIABILITY of private occupancy is committed by COVERAGE: I or on behalf of the owner, landlord or Host Liquor Liability Coverage lessor of that room, dwelling or premises; We will also pay all sums the "insured" legally must pay as damages because of "bodily injury" d. Oral or written publication, including or "property damage" arising out of the giving or publication by electronic means, of ( material that slanders or libels a serving of alcoholic beverages at functions s or or disparages incidental to your garage operations" provided a personperson's or organizationzatlon's goods, you are not engaged in the business of manufacturing,oholbev distributing, selling or serving of 0 products or services, provided that the claim is made or the "suit" is alcoholic beverages. brought by a person or organization C. DAMAGE TO PREMISES RENTED TO YOU that claims to have been slandered or 1. The following is added to Paragraph A.1., libeled, or that claims to have had Its "Garage Operations" — Other ThanII goods, products or services Covered "Autos", of SECTION 11 -- 1 disparaged; or LIABILITY COVERAGE: e. Oral or written publication, including This insurance applies to "property damage" 3 publication by electronic means, of caused by: 3 material that: (1) Fire to premises, not including contents, A (1) Appropriates a person's name, while rented to you or temporarily 1 voice, photograph or likeness; occupied by you with the permission of ii (2) Unreasonably places a person in the owner; and G a false light;or (2) Other than fire to premises, including the + contents of suchpremises, rented toyou(3) Discloses information about a g person's private life. for a period of seven or fewer consecutiveil 2. Includes "bodily injury" caused by one or days, more of the offenses described in 2. The following is added to Paragraph B., 1 Paragraph 1. above. Exclusions, of SECTION II — LIABILITY "Slo an": COVERAGE: I g Exclusions 3. through 17. do not apply to ( 1. Means a phrase that others use for the "property damage" caused by fire to any purpose of attracting attention in their premises, but not including contents. v advertising. Paragraphs a., b. and d. of Exclusion 6., 2. Does not include a phrase used as, or in, Care, Custody Or Control, do not apply to the name of: "property damage" caused by other than fire to any premises, including Its contents. { f r CA F2 31 08 17 ©2016 The Travelers Indemnity Company Page 5 of 8 Includes copyrighted material of Insurance Services Office,Inc.with its permission, 1 1 1 3 1 1 6- E 5 " COMMERCIAL AUTO 1 3. The following is added to Paragraph 1., b. Any watercraft except a watercraft: Aggregate Limit Of Insurance - "Garage (1) While ashore on premises where you Operations" - Other Than Covered conduct"garage operations"; or "Autos", in C., Limit Of Insurance, of SECTION II-LIABILITY COVERAGE: (2) You do not own that is under 50 feet Subject to the Aggregate Limit Of Insurance - long and is not being used to carry any persons or property for a charge. - "Garage Operations" Other Than Covered "Autos", the most we will pay for all "property 2. The following is added to Paragraph B.5., I damage"to any one premises, while rented to Other Insurance, of SECTION V-GARAGE I you, or in the case of damage by fire, while CONDITIONS: rented to you or temporarily occupied by you This coverage form's Liability Coverage for with the permission of the owner, is $300,000. non-owned watercraft is not applicable, and j 4. 'The following Is added to Paragraph B.5., we will not make any payment, if there is 1 Other Insurance, of SECTION V- GARAGE other applicable insurance covering such CONDITIONS: watercraft. 1 k This coverage form's Liability Coverage for F. ADDITIONAL INSURED PERSONS "property damage" to premises rented to you The following is added to Paragraph b. in A.3., or temporarily occupied by you is excess over Who Is An Insured, of SECTION II-LIABILITY any other collectible property insurance, COVERAGE: including any deductible portion of that If you are a partnership,the spouse of a partner is insurance, available to the"insured". an "insured" with respect to the conduct of your D. INCIDENTAL MEDICAL MALPRACTICE "garage operations". 1. The following is added to Paragraph A.1., G. INSURED - NEWLY ACQUIRED OR FORMED "Garage Operations" - Other Than GARAGE BUSINESSES Covered "Autos", of SECTION II - The following is added to the definition of LIABILITY COVERAGE: "insured"in the DEFINITIONS Section: This insurance does not apply to any "insured" in the business or occupation of "Insured" also includes as named "insured" any l providing any of the services listed in garage business that is acquired or formed by s paragraphs 1., 2., and 3. of the definition of you and over which you maintain ownership or "bodily injury". majority interest. 2. The following is added to the definition of However, "insured" does not include any garage "bodily injury"in the DEFINITIONS Section: business: "Bodily Injury" also includes injury resulting 1. That is a joint venture; from: 2. That is an "insured" under any other similar 1. Providing or failing to provide any medical liability or indemnity policy; or related professional health care 3. That has exhausted Its Limit of Insurance services; under any other similar liability or indemnity 2. Furnishing food or drink connected with policy; or p Y; any medical or other professional health 4. 180 days or more after Its acquisition or care services; or formation by you. 3. Furnishing or dispensing drugs or H. LIMITED WORLDWIDE LIABILITY COVERAGE medical, dental or surgical supplies or appliances. 1. The following is added to Paragraph B.7., E. NON-OWNED WATERCRAFT Policy PeriOd, Coverage Territory, of SECTION V-GARAGE CONDITIONS: 1. The following replaces Exclusion 11., We will cover "personal injury" or"advertising Watercraft Or Aircraft, in Paragraph B., injury" caused by offenses committed: Exclusions, of SECTION II - LIABILITY COVERAGE: a. Through the Internet or similar electronic 11.Watercraft Or Aircraft means of communication, but only when the original "suit" for damages resulting a. Any aircraft;or from such "personal injury" or"advertising Page 6 of 8 ©2016 The Travelers Indemnity Company CA F2 31 08 17 Includes copyrighted material of Insurance Services Office,Inc.with Its permission I 6 E 5 I , r 1 5 COMMERCIAL AUTO 4 u injury" is brought within the coverage or is accepted by the appropriate i territory; or authorities as proof of "compulsory b. Anywhere in the world by an "insured" admitted insurance whose home is in the coverage territory You must maintain "compulsory } but who Is away for a short time on your admitted insurance" at the limits l business, if the original "suit"for damages required by law. If you fail to comply 4 resulting from such "personal injury" or with the above, this insurance is not I "advertising injury" is brought within the invalidated, However, in the event of ' coverage territory. a loss, we will pay only to the extent y We will cover "bodily injury" or "property that we would have pall had you so damage" occurring anywhere in the world complied. caused by the activities of an "insured"whose 2. The following is added to the DEFINITIONS 1 home is in the coverage territory but who is Section: 3 away for a short time on your business. a "Compulsory admitted insurance" means I With respect to any claim made or "suit" insurance that is required to be in-force to brought outside the United States of America, satisfy the legal requirements of a specific 1 its territories or possessions, Puerto Rico or country or jurisdiction; and issued by an Canada for such "bodily injury" or "property insurance fund administered by such country damage": or jurisdiction or issued by an insurer licensed 1 (1) You shall undertake the investigation, and permitted by law to do business in such ' settlement, and defense of such claims country or jurisdiction. and "suits" and keep us advised of all I. BLANKET WAIVER OF SUBROGATION ( proceedings and actions, The following replaces Paragraph A.S., Transfer (2) You will not make any settlement without Of Rights Of Recovery Against Others To Us, 1 our consent, of SECTION V—GARAGE CONDITIONS: (3) We will reimburse you: 5. Transfer Of Rights Of Recovery Against ' (a) For the amount of damages because Others To Us s of liability imposed upon you by law We waive any right of recovery we may have t on account of "bodily injury" or against "property damage" to which this g any person or organization to the g insurance applies; extent required of you by a written contract j signed and executed prior to any "accident" ( (b) For all reasonable expenses incurred or"loss", provided that the"accident" or"loss" I with our consent in connection with arises out of operations contemplated by 3 investigation, settlement or defense such contract. The waiver applies only to the of such claims or"suits"; and person or organization designated in such t (c) Subject to the applicable limits of our contract. liability for damages for"bodily injury" J. HIRED AUTO PHYSICAL DAMAGE — LOSS OF j or"property damage". USE—INCREASED LIMIT I (4) The following conditions apply: I The following replaces the last sentence of (a) This insurance is excess over any Paragraph A. 3. Coverage Extension — Loss Of 1 valid and collectible other insurance Use Expenses of SECTION IV — PHYSICAL available to the "insured", whether DAMAGE COVERAGE: j primary, excess, contingent or on any However, the most we will pay for any expenses ( other basis. for loss of use is $65 per day, to a maximum of (b) This insurance is not a substitute for $750. ; "compulsory admitted insurance" in K. PERSONAL PROPERTY any country or jurisdiction outside the United States of America, its 1. The following is added to Paragraph A., { territories or possessions, Puerto Coverage, of SECTION III — Rico or Canada, regardless of GARAGEKEEPERS COVERAGE: ( whether this insurance would qualify We will pay up to $2,500 for "loss" of 1 as "compulsory admitted insurance" customer's personal property which are in or ) t CA F2 31 08 17 ©2016 The Travelers indemnity Company Page 7 of 8 Includes copyrighted material of Insurance Services Office,Inc.with its permission. y 2 a g I6E 5 i z i COMMERCIAL AUTO t a 1 i on a "customer's auto" left in the "insured's" If the transportation expense incurred arises from I care which the "insured" is attending, your rental of an "auto", the most we will pay is 1 servicing, repairing, parking or storing in your the amount It costs to rent an "auto" which is of t "garage operations" We will not pay for any the same like kind and quality as the stolen . "loss" until the amount of "loss" exceeds the covered "auto". 2 Garagekeepers Comprehensive Coverage M. CUSTOMIZED FURNISHINGS ' Deductible. The following is added to Paragraph Cl.,. Limits I This coverage applies only in the event of Of Insurance, of SECTION IV — PHYSICAL either a Comprehensive or Collision "loss" to DAMAGE COVERAGE: the "customer's auto", Coverage for "loss" The actual cash value, and the cost of repair or p x solely to customer's personal property Caused replacement, includes the value or cost to repair = by theft applies only with evidence of forced or replace customized furnishings the "insured" entry. has made to a covered "auto" which improve the 2. The following is added to Paragraph A., value of the covered"auto". Coverage, of SECTION IV — PHYSICAL N. NOTICE AND KNOWLEDGE OF ACCIDENT OR DAMAGE COVERAGE: LOSS I a Personal Property The following is added to Paragraph A.2.a., We will pay up to $400 for "loss" to wearing Duties In The Event Of Accident, Claim,Suit or apparel and other personal property which Loss, of SECTION V—GARAGE CONDITIONS: are: Your duty to give us or our authorized I' a. Owned by an "insured"; and representative prompt notice of the "accident" or "loss" applies only when the "accident"or"loss" is 1 b. In or on your covered"auto". t known to: This coverage applies only in the event of a (4) You, if you are an individual; total theft of your covered"auto". No deductibles apply to this Personal (5) A partner,if you are a partnership; or Property coverage. (6) An executive officer or insurance manager, if 1 L. PHYSICAL DAMAGE — TRANSPORTATION you are a corporation. 1 EXPENSE—INCREASED LIMIT O. UNINTENTIONAL ERRORS OR OMISSIONS a The following is added to Paragraph A., The following is added to Paragraph B.2., 5 Coverage, of SECTION IV — PHYSICAL Concealment, Misrepresentation, Or Fraud, of 1 DAMAGE COVERAGE: SECTION V GARAGE CONDITIONS: The unintentional omission of, or unintentional We will pay up to $50 per day to a maximum of $1,500 for transportation expense incurred by you error in, any information given by you shall not 1 because of the total theft of a covered "auto".We prejudice your rights under this insurance. will pay only for those covered "autos" for which However,this provision does not affect our right to ' collect additional premiumexerciseright you carry either Comprehensive or Specified or our of I Causes of Loss Coverage. We will pay for cancellation or non-renewal. f transportation expenses incurred during the P. DRIVE AWAY COLLISION I period beginning 48 hours after the theft and Paragraph c, of Exclusion 5. of SECTION IV — ending, regardless of the policy's expiration,when PHYSICAL DAMAGE COVERAGE relating to the the covered "auto" is returned to use or we pay transportation of vehicles more than 50 miles is for its"loss", deleted. Page 8 of 8 ©2016 The Travelers Indemnity Company CA F2 31 08 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission { 16E 5 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury'or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that !' 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con cess Insurance regarding any other primary in tract or written agreement that the insurance pro- surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph(1): ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy,including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and g�g 1g1 t1 ti ft'{ CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc,Ail rights reserved. Page 1 of 1 I 6 E 5 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER ADDITIONAL INSUREDS t This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 3. This insurance is excess over any valid and col- 1. WHO IS AN INSURED (SECTION II) is amended lectible insurance unless you have agreed in a to include as an insured any person or organize- written contract for this insurance to apply on a tion (called hereafter "additional insured") with primary or contributory basis. whom you have agreed in a written contract, 4. This insurance does not apply on any basis: executed prior to loss, to name as an additional insured,but: a. To any person or organization for whom you j have purchased an Owners and Contractors a. Only with respect to liability because of Protective policy. "bodily injury" or "property damage" arising I b. To any person or organization who dis- out of "your work" for that additional insured bytributes or sells 'your products" in the regular 1 performed you or for you; and course of its business. b. Subject to any limitations in the written con- c. To any person or organization from whom tract regarding the scope of the additional you have acquired insured status. q any products, or any in- insured gredient, part or container, entering into, ac- This Insurance does not apply to "bodily injury" companying or containing such products. or "property damage" arising out of "your work" d. To any manager or lessor of premises with included in the "products-completed operations owner- hazard" unless you are required to provide such p maintenance,ct to liability arisinge out of the r coverage by written contract and then only for ship, or use of that part of any premises leased to you. the period of time required by the contract, but in no event beyond the expiration date of the e. To any lessor of leased equipment. policy. f. To any architect, engineer or surveyor for 2. The Limits of Insurance provided to such addi injury or damage arising out of: tional insured shall be: (1) The preparing, approving or failing to j a. The limits which you have agreed to provide; prepare or approve maps, drawings, or opinions, reports, surveys, change or- ders, designs or specifications; and b. The limits shown on the Declarations whichever is less. (2) Supervisory, inspection or engineering services. CG D1 44 01 96 Copyright, The Travelers Indemnity Company, 1996. Page 1 of 1 16E 5 1 1 3 i i '6 l 4 i COMMERCIAL GENERAL LIABILITY . t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. t P XTEND ENDORSEMENT FOR COMMERCIAL INDUSTRIES 1 This endorsement modifies insurance provided under the following: j COMMERCIAL GENERAL LIABILITY COVERAGE PART ir GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any II injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only, Limitations and exclusions may apply to these coverages. Read all the provisions of this en- 0 dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. 1 A. Broadened Named Insured J. Bodily Injury To Co-Employees And Co-Volunteer { B. Blanket Additional Insured—Broad Form Vendors Workers 0 r: C. Damage To Premises Rented To You K. Aircraft Chartered With Crew j 0 • Perils of fire, explosion, lightning, smoke, L. Non-Owned Watercraft—Increased From 25 Feet water To 50 Feet I r • Limit increased to$300,000 M. Increased Supplementary Payments D. Blanket Waiver Of Subrogation • Cost of bail bonds increased to$2,500 0 E. Blanket Additional Insured — Owners, Managers • Loss of earnings increased to$500 per day P Or Lessors Of Premises a F. Blanket Additional Insured — Lessors Of Leased N. Medical Payments-Increased Limit Equipment 0. Knowledge And Notice Of Occurrence Or Offense G. Incidental Medical Malpractice P. Unintentional Omission t I H. Personal Injury—Assumed By Contract Q. Reasonable Force — Bodily Injury Or Property j I. Amended Bodily Injury Definition Damage PROVISIONS B. BLANKET ADDITIONAL INSURED — BROAD A. BROADENED NAMED INSURED FORM VENDORS s 1. The following is added to SECTION II—WHO The following is added to SECTION II —WHO IS I IS AN INSURED; AN INSURED: Any organization, other than a partnership or Any person or organization that is a vendor and 4 joint venture, over which you maintain owner- that you have agreed in a written contract or I ship or majority Interest on the effective date agreement to Include as an additional insured on of the policy qualifies as a Named Insured, this Coverage Part Is an insured,but only with re- 1 However, coverage for any such organization spect to liability for "bodily injury" or "property h will cease as of the date during the policy pe- damage"that: w riod that you no longer maintain ownership of, 11 or majority interest in,such organization. a, Is caused by an "occurrence that takes place after you have signed and executed that con- f! 2. The following replaces Paragraph 4.a. of tract or agreement; and 4 SECTION II—WHO IS AN INSURED: 1 a. Coverage under this provision is afforded b. Arises out of "your products" which are dis- t tributed or sold in the regular course of such r only until the 180th day after you acquire 0 or form the organization or the end of the vendor's business_ u policy period, whichever is earlier, unless The insurance provided to such vendor is subject reported in writing to us within 180 days. to the following provisions: 'i I CG D4 58 07 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. n 1 i I; 16E 5 1 1 1 COMMERCIAL GENERAL LIABILITY a 3 i j a. The limits of insurance provided to such yen- JURY AND PROPERTY DAMAGE LIABIL- dor will be the limits which you agreed to pro- ITY: vide in the written contract or agreement, or Exclusions c.through n.do not apply to dam- the limits shown in the Declarations of this age to premises while rented to you, or tern- 1 Coverage Part,whichever are less. porarily occupied by you with permission of b. The insurance provided to such vendor does the owner,caused by: not apply to: a. Fire; r (1) "Bodily injury" or "property damage" for b. Explosion; it which the vendor is obligated to pay ) c. Lightning; 9 damages by reason of the assumption of g g: x liability in a contract or agreement. This d. Smoke resulting from such fire,explosion, exclusion does not apply to liability for or lightning;or d damages that the vendor would have in e. Water. the absence of the contract or agreement; I A separate limit of insurance applies to such (2) Any express warranty unauthorized by damage to premises as described in Para- you; graph 6.of Section III—Limits Of Insurance. (3) Any physical or chemical change in "your This insurance does not apply to damage to products" made intentionally by such premises while rented to you, or temporarily ' vendor; occupiedpermission by you with of the f (4) Repackaging, unless unpacked solely for owner, caused by: ", the purpose of inspection, demonstration, a. Rupture, bursting, or operation of pres- testing, or the substitution of parts under sure relief devices; instructions from the manufacturer, and then repackaged in the original container; b. Rupture or bursting due to expansion or swelling of the contents of any building orif (5) Any failure to make such inspections, ad- structure, caused by or resulting from wa- justments, tests or servicing as vendors ter; J. agree to perform or normally undertake to perform in the regular course of business, c. Explosion of steam boilers, steam pipes, in connection with the distribution or sale steam engines, or steam turbines. of"your products"; 2. The following replaces Paragraph 6. of SEC- I (6) Demonstration, installation, servicing or TION fll—LIMITS OF INSURANCE: repair operations, except such operations Subject to 5. above, the Damage To Prem- performed at such vendor's premises in ises Rented To You Limit is the most we will connection with the sale of "your prod- pay under Coverage A for damages because ucts";or of "property damage" to any one premises 1 (7) "Your products"which, after distribution or while rented to you, or temporarily occupied s sale by you, have been labeled or rela- by you with permission of the owner, caused beled or used as a container, part or in- by fire; explosion; lightning smoke resulting ) gredient of any other thing or substance from such fire, explosion, or lightning; or wa ii - by or for such vendor. ter. The Damage To Premises Rented To Coverage under this provision does not apply to: You Limit will apply to all damage proximately ii a. Any person or organization from whom you caused by the same "occurrence", whether ill have acquired "your products", or any ingre- dient, part or container entering into, accom- g g; resulting If panying or containing such products;or plosion, or lightning; water; or any combina- b. Any vendor for which coverage as an addi— tional insured specifically is scheduled by en- The Damage To Premises Rented To You I dorsement. Limit will be the higher of: C. DAMAGE TO PREMISES RENTED TO YOU a. $300,000; or 1 g s 1. The following replaces the last paragraph of b. The amount shown on the Declarations of Paragraph 2., Exclusions, of SECTION I — this Coverage Part for Damage To Prem- COVERAGES — COVERAGE A BODILY IN- Ises Rented To You Limit. i Y Page 2 of 7 ©2013 The Travelers Indemnity Company.All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. i 1 16E 5 i 1 p! COMMERCIAL GENERAL LIABILITY I I 3. The following replaces Paragraph a. of the a. Is"bodily injury"or"property damage"caused I definition of "insured contract" in the DEFINI- by an "occurrence" that takes place, or"per- TIONS Section: sonal injury" or"advertising injury"caused by I a. A contract for a lease of premises, How- an offense that is committed, after you have ever, that portion of the contract for a signed and executed that contract or agree lease of premises that indemnifies any ment; and ) person or organization for damage to b. Arises out of the ownership, maintenance or I premises while rented to you, or tempo- use of that part of any premises leased to ) rarity occupied by you with permission of You. I the owner, caused by: The insurance provided to such premises owner, (1) Fire; manager or lessor is subject to the following pro- visions: (2) Explosion; a. The limits of insurance provided to such z premises owner, manager or lessor will be (3) Lightning; (4) Smoke resulting from such fire, ex- the limits which you agreed to provide in the 1 plosion,or lightning;or written contract or agreement, or the limits11 (5) Water. shown on the Declarations of this Coverage Part,whichever are less. is not an"insured contract"; a b. The insurance provided to such premises 4. The following replaces Paragraph 4.b.(1)(b) owner, manager or lessor does not apply to: of SECTION IV—COMMERCIAL GENERAL (1) "Bodily injury" or "property damage" LIABILITY CONDITIONS: caused by an "occurrence" that takes t (b) That is insurance for premises rented to place, or "personal injury" or "advertising a you, or temporarily occupied by you with injury"caused by an offense that is corn- G the permission of the owner; mitted, after you cease to be a tenant in s D. BLANKET WAIVER OF SUBROGATION that premises; or The following is added to Paragraph 8.,Transfer (2) Structural alterations, new construction or A demolition operations performed by or on Of Rights Of Recovery Against Others To Us, behalf of such premises owner, manager of SECTION IV— COMMERCIAL GENERAL LI- or lessor. ABILITY CONDITIONS: V c. The insurance provided to such premises • We waive any right of recovery we may have owner, manager or lessor is excess over any against any person or organization because of valid and collectible other insurance available i payments we make for injury or damage arising to such premises owner, manager or lessor, a out of premises owned or occupied by or rented unless you have agreed in a written contract or loaned to you; ongoing operations performed for this insurance to apply on a primary or j by you or on your behalf, done under a contract contributory basis. I with that person or organization; "your work"; or F. BLANKET ADDITIONAL INSURED— LESSORS l "your products". We waive this right where you OF LEASED EQUIPMENT have agreed to do so as part of a written contract, The following is added to SECTION II —WHO IS t executed by you prior to loss. AN INSURED: w E. BLANKET ADDITIONAL INSURED—OWNERS, Any person or organization that is an equipment i MANAGERS OR LESSORS OF PREMISES lessor and that you have agreed in a written con The following is added to SECTION II —WHO IS tract or agreement to Include as an additional in- AN INSURED: sured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", j Any person or organization that is a premises "property damage", "personal injury" or"advertis- m owner, manager or lessor and that you have ing injury"that: agreed in a written contract or agreement to F name as an additional insured on this Coverage a. Is"bodily injury"or"property damage"caused a Part is an insured, but only with respect to liability by an "occurrence" that takes place, or"per- I for "bodily injury", "property damage", "personal sonal injury" or"advertising injury"caused by injury"or"advertising injury"that: an offense that is committed, after you have I ) I CG D4 58 07 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 3 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 9I 1 t "P, i' 1 16E 5 1 k' 1 t 4 2 5 i i f 1 COMMERCIAL GENERAL LIABILITY ; N signed and executed that contract or agree- 3. The following is added to Paragraph 2.a.(1) of ment;and SECTION 11—WHO IS AN INSURED: b. Is caused, in whole or in part, by your acts or Unless you are in the business or occupation u omissions in the maintenance, operation or of providing professional health care services, use by you of equipment leased to you by Paragraphs (1)(a), (b), (c) and (d) above do such equipment lessor. not apply to any "bodily injury" arising out of The Insurance provided to such equipment lessor any providing or failing to provide "incidental medical services"by any of your"employees", 1 is subject to the following provisions: other than an employed doctor. Any such r a, The limits of insurance provided to such "employees" providing or failing to provide i equipment lessor will be the limits which you "incidental medical services"during their work e agreed to provide in the written contract or hours for you will be deemed to be acting agreement, or the limits shown on the Dacia- within the scope of their employment by you rations of this Coverage Part, whichever are or performing duties related to the conduct of ii less. your business. N b. The insurance provided to such equipment 4. The following exclusion is added to Para- ;! lessor does not apply to any"bodily injury"or graph 2., Exclusions, of SECTION I COV- I "property damage"caused by an"occurrence" ERAGES —COVERAGE A BODILY INJURY that takes place, or "personal injury" or "ad AND PROPERTY DAMAGE LIABILITY: vertising injury" caused by an offense that is Sale Of Pharmaceuticals I committed, after the equipment lease expires. "Bodily injury" or "property damage" arising 1 c. The insurance provided to such equipment out of the willful violation of a penal statute or lessor is excess over any valid and collectible ordinance relating to the sale of pharmaceuti- 1 other insurance available to such equipment cats committed by, or with the knowledge or lessor, unless you have agreed in a written consent of, the insured. contract for this insurance to apply on a pri- 5. The following is added to Paragraph 5. of 1 mary or contributory basis. SECTION III—LIMITS OF INSURANCE: G. INCIDENTAL MEDICAL MALPRACTICE For the purposes of determining the applica- t 1. The followingis added to the definition of"oc ble Each Occurrence Limit, all related acts or omissions committed in the providing or S fail- currence"in the DEFINITIONS Section: ing to provide"incidental medical services"to Unless you are in the business or occupation any one person will be considered one "oc- i of providing professional health care services, currence". "occurrence" also means an act or omission 6. The following is added to Paragraph 4.b., Ex- committed in providing or failing to provide cess Insurance, of SECTION IV — COM- "incidental medical services"to a person. MERCIAL GENERAL LIABILITY CONDI- 1 2. The following is added to the DEFINITIONS TIONS: y Section: This insurance is excess over any valid and q "Incidental medical services"means: collectible other insurance, whether primary, G excess, contingent or on any other basis, that a. Medical,surgical,dental, laboratory,x-ray is available to any of your "employees" for 1 or nursing service or treatment, advice or "bodily injury" that arises out of providing or instruction, or the related furnishing of failing to provide "incidental medical services" food or beverages; to any person to the extent not subject to b. The furnishing or dispensing of drugs or Paragraph 2.a.(1) of SECTION II —WHO IS medical, dental, or surgical supplies or AN INSURED. appliances; H. PERSONAL INJURY — ASSUMED BY CON- c. First aid;or TRACT d. "Good Samaritan services". 1. The following replaces Exclusion e.,Contrac- tual Liability, in Paragraph 2. of SECTION I "Good Samaritan services" means any emer- — COVERAGES — COVERAGE B PER- gency medical services for which no compen- SONAL AND ADVERTISING INJURY LI- sation is demanded or received. ABILITY: Page 4 of 7 ©2013 The Travelers Indemnity Company.All rights reserved. CG D4 58 07 13 Includes copyrighted material or Insurance Services Office,Inc.with its permission. 16E 5 COMMERCIAL GENERAL LIABILITY e. Contractual Liability the insured and the interests of the demnitee; in- "Personal injury" or"advertising injury"for which the insured is obligated to pay 4. The following replaces the first subparagraph damages by reason of the assumption of of Paragraph f. of the definition of "insured liability in a contract or agreement. This contract"in the DEFINITIONS Section: exclusion does not apply to: f. That part of any other contract or agree- (1) Liability for damages that the insured ment pertaining to your business (includ- would have in the absence of the ing an indemnification of a municipality in contract or agreement; or connection with work performed for a (2) Liability for damages because of municipality)under which you assume the tort liability of another party to pay for "personal injury" assumed in a con- "bodilyinjury,""property damage" or"per- tract or agreement that is an "insured sonal injury"to a third person or organize- contract", provided that the "personal tion. Tort liability means a liability that injury" is caused by an offense corn- would be imposed by law in the absence mitted subsequent to the execution of of any contract or agreement. the contract or agreement. Solely for I. AMENDED BODILY INJURY DEFINITION the purposes of liability assumed in an "insured contract", reasonable at- The following replaces the definition of"bodily in- torneys fees and necessary litigation jury"in the DEFINITIONS Section: expenses incurred by or for a party "Bodily injury" means bodily injury, mental an- other than an insured will be deemed guish, mental injury, shock, fright, disability, hu- to be damages because of"personal miliation, sickness or disease sustained by a per- injury", provided that: son, including death resulting from any of these at (a) Liability to such party for, or for any time. the cost of, that party's defense J. BODILY INJURY TO CO-EMPLOYEES AND has also been assumed in the CO-VOLUNTEER WORKERS same"insured contract";and The following is added to Paragraph 2.a.(1) of (b) Such attorney fees and litigation SECTION It—WHO IS AN INSURED: expenses are for defense of that Paragraph (1)(a) above does not apply to "bodily party against a civil or alternative Injury"to a co-"employee"in the course of the co- dispute resolution proceeding in "employee's" employment by you or performing which damages to which this in- duties related to the conduct of your business, or surance applies are alleged. to"bodily injury"to your other"volunteer workers" 2. The following replaces the third sentence of while performing duties related to the conduct of Paragraph 2. of SUPPLEMENTARY PAY- your business. MENTS—COVERAGES A AND B: K. AIRCRAFT CHARTERED WITH CREW Notwithstanding the provisions of Paragraph The following is added to Exclusion g., Aircraft, 2,b.(2)of Section I—Coverage A— Bodily In- Auto Or Watercraft, in Paragraph 2.of SECTION I — COVERAGES — COVERAGE A BODILY IN- jury And Property Damage Liability or Para- JURY AND PROPERTY DAMAGE LIABILITY: graph 2,e, of Section t — Coverage B — Per This exclusion does not apply to an aircraft that sonal and Advertising Injury Liability, such payments will not be deemed to be damages is: because of"bodily injury", "property damage" (a) Chartered with crew to any insured; or "personal injury", and will not reduce the (b) Not owned by any insured;and limits of insurance. (c) Not being used to carry any person or prop- 3. The following replaces Paragraph 2.d. of erty for a charge, SUPPLEMENTARY PAYMENTS — COVER- L. NON-OWNED WATERCRAFT AGES A AND B: 1. The following replaces Paragraph (2) of Ex- d. The allegations in the "suit" and the in- clusion g., Aircraft, Auto Or Watercraft, in formation we know about the "occur- Paragraph 2. of SECTION I— COVERAGES rence"or offense are such that no conflict — COVERAGE A BODILY INJURY AND appears to exist between the interests of PROPERTY DAMAGE LIABILITY: CG 04 58 07 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 5 of 7 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. 16E 5 COMMERCIAL GENERAL LIABILITY (2) A watercraft you do not own that is: e. The following provisions apply to Paragraph (a) Fifty feet long or less;and a. above, but only for the purposes of the Not beingused to carryanyin- surance provided under this Coverage Part to (b) person or you or any insured listed In Paragraph 1.or 2. property for a charge. of Section II—Who Is An Insured: 2. The following is added to Paragraph 2. of (1) Notice to us of such "occurrence" or of- SECTION II—WHO IS AN INSURED: fense must be given as soon as practica- Any person or organization that,with your ex- ble only after the "occurrence" or offense press or implied consent, either uses or is re- is known to you (if you are an individual), sponsible for the use of a watercraft that you any of your partners or members who is do not own that is: an individual (if you are a partnership or (1) Fifty feet long or less;and joint venture), any of your managers who (2) Not being used to carry any person or is an individual(if you are a limited liability property for a charge. company), any of your trustees who is an individual (if you are a trust), any of your M. INCREASED SUPPLEMENTARY PAYMENTS "executive officers"or directors (if you are 1. The following replaces Paragraph 1.b. of an organization other than a partnership, SUPPLEMENTARY PAYMENTS — COVER- joint venture, limited liability company or AGES A AND B of SECTION I — COVER- trust) or any "employee" authorized by AGES: you to give notice of an "occurrence" or b. Up to $2,500 for cost of bail bonds re- offense. quired because of accidents or traffic law (2) If you are a partnership,joint venture, lim- violations arising out of the use of any Iced liability company or trust, and none of vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- your partners, joint venture members, Wish these bonds. managers or trustees are Individuals, no- tice to us of such "occurrence"or offense 2. The following replaces Paragraph 1.d. of must be given as soon as practicable only SUPPLEMENTARY PAYMENTS — COVER- after the"occurrence"or offense Is known AGES A AND B of SECTION I — COVER- by: AGES: d. All reasonable expenses incurred by the (a) Any individual who is: insured at our request to assist us in the (i) A partner or member any part- investigation or defense of the claim or Warship or joint venture;e; "suit", including actual loss of earnings up (ii) A manager of any limited liability to $500 a day because of time off from company; work. (ill)A trustee of any trust;or N. MEDICAL PAYMENTS—INCREASED LIMIT (iv)An executive officer or director of The following replaces Paragraph 7. of SECTION any other organization; III—LIMITS OF INSURANCE: that is your partner, joint venture 7. Subject to 5. above, the Medical Expense member, manager or trustee;or Limit is the most we will pay under Coverage C. for all medical expenses because of"bod- (b) Any "employee" authorized by such ily Injury" sustained by any one person, and partnership, joint venture, limited li- will be the higher of: ability company, trust or other organi- (a) $10,000; or zation to give notice of an "occur- rence"or offense. (b) The amount shown on the Declarations of (3) Notice to us of such "occurrence" or of-this Limit.Coverage Part for Medical Expense fense will be deemed to be given as soon as practicable if it is given in good faith as O. KNOWLEDGE AND NOTICE OF OCCUR- soon as to practicable RENCE OR OFFENSE your workers' compensation insurer. This applies only if The following is added to Paragraph 2., Duties In you subsequently give notice to us of the The Event of Occurrence, Offense, Claim or "occurrence" or offense as soon as prac- Suit, of SECTION IV — COMMERCIAL GEN- ticable after any of the persons described ERAL LIABILITY CONDITIONS: in Paragraphs e.(1) or (2) above discov- Page 6 of 7 ©2013 The Travelers Indemnity Company.All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 1 6 E 5 COMMERCIAL GENERAL LIABILITY ers that the "occurrence" or offense may your rights under this insurance. However, this result In sums to which the insurance provision does not affect our right to collect addi- provided under this Coverage Part may tional premium or to exercise our rights of cancel- apply. lation or nonrenewal in accordance with applica- However, if this policy includes an endorse- ble insurance laws or regulations. ment that provides limited coverage for"bod- Q. REASONABLE FORCE — BODILY INJURY OR ily injury" or "property damage" or pollution costs arising out of a discharge, release or PROPERTY DAMAGE escape of 'pollutants" which contains a re- The following replaces Exclusion a., Expected Or quirement that the discharge, release or es- Intended Injury,in Paragraph 2.of SECTION I— cape of "pollutants" must be reported to us COVERAGES — COVERAGE A BODILY IN- within a specific number of days after its JURY AND PROPERTY DAMAGE LIABILITY: abrupt commencement, this Paragraph e, does not affect that requirement. a. Expected or Intended Injury or Damage P. UNINTENTIONAL OMISSION "Bodily injury" or"property damage"expected The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL sured. This exclusion does not apply to"bod- GENERAL LIABILITY CONDITIONS: ily injury" or "property damage" resulting from The unintentional omission of, or unintentional er- the use of reasonable force to protect any person or property. ror in, any information provided by you which we relied upon in issuing this policy will not prejudice CG D4 58 07 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 7 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission.