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Backup Documents 04/27/2021 Item #16C 3 (Guardian Fueling Technologies, LLC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the 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 Co unty Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management ( y�ZVit 2. County Attorney Office County Attorney Office 111 4. BCC Office Board of County J �� d�f �� , Commissioners ' J �1 4. Minutes and Records Clerk of Court's Office I(W) 5141 aoat al 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHASING Contact Information 239-252-8950 Contact/ Department Agenda Date Item was APRIL 27,2021 Agenda Item Number 16.C.3. Approved by the BCC Type of Document CONTRACT Number of Original 1 Attached Documents Attached PO number or account N/A PRIMARY: GUARDIAN number if document is 20-7803— FUELING to be recorded Guardian Fueling TECHNOLOGIES, Technologies,LLC LLC 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 AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 04/27/2021 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. V this line. 9. Initials of attorney verifying that the attached document is the version approved by the ' "INN E Qm BCC,all changes directed by the BCC have been made,and the document is ready for the & p'tior Chairman's signature. ApRtl slinn?� Risk Management I6C 3 MEMORANDUM Date: May 4, 2021 To: Ana Reynoso, Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #20-7803 "Fuel Storage Tank Systems Testing & Service" Contractor: Guardian Fueling Technologies, LLC Attached for your records is an original of the referenced document above, (Item #16C3) adopted by the Board of County Commissioners on Tuesday, April 27, 2021. 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 16C 3 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 20-7803 for Fuel Storage Tank Systems Testing and Service THIS AGREEMENT, made and entered into on this a-vs day of P1 20 21 , by and between Guardian Fueling Technologies, LLC authorized to do business in the State of Florida, whose business address is 8452 Philips Hwy, Suite 2, Jacksonville, FL 32256 , (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 ❑■ upon the date of Board approval El 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 ❑■ Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑� Request for Proposal (RFP) ❑ [ Other ( ) # 20-7803 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) CAt) 16C 3 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 ICJ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. ined in Other €xhifin+ nt: n The County reserves the right to specify in each Request for Quotations: the period Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): • hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. II•I Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. • 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.l) 16C 3 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 c County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile B eakfast $6 90 Lunch $14410 gi ne-F $1-9.00 Aicfare el -fare Rental cap t Parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone items will be paid only after Contractor has provided all receipts. Contractor shall be 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 # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.I) `CAO 16C 3 Company Name: Guardian Fueling Technologies, LLC Address: 9452 Philips Hwy, Suite #2 Jacksonville, FL 32256 Authorized Agent: Ken Weiss, Vice President of Sales Attention Name & Title: Telephone: (904) 680-0850 E-Mail(s): Kweissguardianfueltech.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Kari Hodgson Division Name: Solid and Hazardous Waste Division Address: 3339 East Tamiami Trail, 3rd FL Naples, Florida 34112 Administrative Agent/PM: Phil Snyderburn, Manager-Environmental Compliance Telephone: (239) 252-5081 E-Mail(s): Phil.Snyderburn(c�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) 16C 3 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. • Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. Page 5of17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C 3 n Pxetessiona € ter Liability: Coverage-shall have minimum limits of$ per claim. F. ■ Pollution : Coverage shall have minimum limits of $ 1,000,000 per occurence & $2,000,000 aggregate. 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) 16C 3 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 Solid and Hazardous Waste 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), El Exhibit A Scope of Services, Exhibit B Fee Schedule, 0 RFP/ ❑ ITB/❑ Other #20-7803 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and 0 Other Exhibit/Attachment: Federal Contract Provisions and Assurances. 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) \Q t1 16C 3 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) 16C 3 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, equipment covered by this Agreement will conform to the requirements as specified, and the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any cervices 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) CAO ibC 3 nished under Dees- 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, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. ■ 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) 1 C 3 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. n • • • • • • • personnel. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C 3 n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, take precedence. n 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) I6C 3 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. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2017 008(Ver.1) 1 C 3 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 Y, FLORIDA Comptroller By: By: , agigg RtattILL1/4...„ Penny Taylor Chair (kSWAL) �-D Dated: Q�,�t infest as to Chairman's a •Guardian Fueling Technologies, LLC Contractor's WitnesAat1re only. Contractor DBA By: �. s ntracto s Firs itness Signature 5eSS1 E TType/print signature and titleT TType/print witne nal9heT Co isSecond Witness TTyp eprint witness nameT ro ed : . to ' or • d Le ality: unt Attorney Print Name Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 4411 1 6 C 3 Exhibit A Scope of Services n following this page (pages 1 through 5 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C 3 RFP# 20-7803 "Fuel Storage Tank Systems Testing and Service Exhibit A Scope of Services BACKGROUND The Contractor shall provide Collier County Solid and Hazardous Waste Management Division (Hereinafter, the "Division or Department")with aboveground and underground fuel storage tank testing and repair services.Fuel storage tanks are used as standby emergency power generating systems,new or used oil storage,and vehicular or boat fueling.The tanks are located at(276)facilities throughout the County. DETAILED SCOPE OF WORK Services shall include,but not be limited to, scheduled testing, inspections,training,maintenance,repairs and critical services.All services shall be performed in accordance with manufacturer recommendations, County requirements as well as State and Federal regulatory requirements. 1. COMPLIANCE All work must be compliant with the following: A. Florida Administrative Codes(FAC) • Code:6G4-15.027—Pollutant Storage System Specialty Contractors • Code:62-761—Underground Storage Tanks Systems(UST) • Code:62-762—Aboveground Storage Tanks Systems(AST) B. National Fire Prevention Association(NFPA)and Combustible Liquids Code • Code:30—Flammable and Combustible Liquids Code • Code:30A—Code for Motor Fuel Dispensing Facilities and Repair Garages C. Referenced Standards in 62-761/762,FAC • Petroleum Equipment Institute(PEI) • American Petroleum Institute(API) • Steel Tank Institute(STI) • Underwriters Laboratories(UL) • The American Society of Mechanical Engineers(ASME) • National Leak Prevention Association(NLPA) • American Concrete Institute(ACI) 2. LICENSES&CERTIFICATIONS A. The Contractor, shall possess, and maintain throughout the term of the Agreement period and any renewal periods, employee(s) of the company for manufacturer specific installation, maintenance and repair holding the following license and certifications(certified by the Department of Business and Professional Regulations). Proof shall be provided annually throughout the duration of the Agreement. A copy of the employee's license and/or certification confirms the employee will be able to perform work for the County under the resultant Agreement.It shall be the Contractor's responsibility to update the County with any employee changes regarding this requirement. • General Contractor's License • Pollutant Storage System Specialty Contractor(PSSSC) • Registered Precision Tank Tester(RQ) B. Contractor employee certification and/or licensing shall include,but not be limited to: • Veeder-Root Fuel Tank Monitor Systems • OMNTEC Fuel Tank Monitor Systems • INCON Fuel Tank Monitor Systems(Franklin Fueling Systems) • Pneumercator Fuel Tank Monitor Systems • OPW Fuel Tank Monitor System Page 1 of 5 Exhibit A—Scope of Services 16C 3 C. Contractor and employees shall be properly licensed as required by Federal,State and Local regulations. 3. NEW EQUIPMENT&PARTS All equipment and parts provided and installed by the Contractor under the awarded Agreement shall be new and free of defects and may require County approval prior to installation. A. Equipment and parts provided and installed under the awarded Agreement must be listed on the most recent version of the Florida Department of Environmental Protection Approved/Registered Storage Tank System Equipment List unless the equipment is exempt from registration in 62-761/762,FAC. The Contractor must also have the ability to order and receive parts in a timely and effective manner. B. The County's Representative, shall coordinate with the Contractor the return of any surplus materials, supplies and equipment. 4. PROTECTION OF PROPERTY The Contractor shall ensure that the services are performed in such a manner as to not damage any property. In the event damage occurs to any property as a direct result of the Contractor or their subcontractor in the performance of the required services the Contractor shall repair or replace, to the County's satisfaction, damaged property at no additional cost to the County.If the damage caused by the Contractor or their subcontractor has to be repaired or replaced by the County,the cost of such work will be deducted from the monies due to the Contractor. 5. INSPECTION&TESTING All required reports and testing shall be done in accordance with 62-761/762,FAC and NFPA 30/30A. A. Operability testing shall be performed as needed to certify the functionality of the fueling systems. B. The Contractor shall only invoice for actual time at the job site.The County Representative will confirm charges. C. Inspection and or test reports shall be provided to the County Representative within one week after the date of service via e-mail.The Contractor is responsible for obtaining confirmation from the County Representative that the report was received. Inspection and testing may include,but shall not be limited to: • Release Detection Devices • Line Leak Detector testing • Tank Tightness Testing(Primary Compartment) • Piping Tightness Testing(Primary Compartment) • Breach of Integrity Testing(BOI)tank,piping,sump and spill bucket • Hydrostatic Testing of Containment Sumps,Dispenser Sumps,and Submersible Turbine Pump Sumps • Inert Gas Testing Material • Calibration of Dispensers for Fuel • Overfill Prevention Valve(OPV)for Underground Storage Tanks(UST),Aboveground Storage Tanks(AST)with and without remote fill • High Level Alarm Testing • Mechanical Level Gauge Testing • Electronic Level Gauge Testing • Monthly Release Detection Checks 6. REPAIR&MAINTENANCE SERVICES A. Repair and maintenance services may include,but shall not be limited to: • Replacement of aged or damaged equipment including tanks • Installation and closure of tanks • Tank pressure washing • Tank painting(including corrosion removal and surface prepping) • Boot replacement in tank,dispenser,piping,and transition sumps • Spill containment replacement • Replacement of sensors for monitoring systems,gauges and/or alarms • Replacement sumps for dispenser,tank,transition and/or piping • Nozzle,valve and/or cap replacement(s) • Hose and/or Breakaway replacement Page 2 of 5 Exhibit A—Scope of Services • 16C 3 • Sump closure assessment sampling • Tank monitoring system software and firmware maintenance in accordance with manufacturer recommendations • Fuel Polishing B. Reports shall be provided to the County Representative within one week after the date of the service via email other than a closure assessment sampling report which is due within 6 weeks of the date of service.Contractor is responsible to obtain confirmation from the County Representative that the report was received.All required reporting shall be in accordance with 62-761/762,FAC and NFPA 30/30A. C. For projects where excavation or demolition will be performed,the Contractor shall follow Florida Statute Chapter 556 Underground Facility Damage Prevention and Safety and the guidelines of the Sunshine State One Call of Florida. In the event of any damages to, or dislocation of, any utility in connection with an excavation, the Excavator shall immediately notify the County Representative and the utility owner. D. The Contractor shall only invoice for actual time at the job site.The County Representative will confirm charges. 7. WASTE DISPOSAL The Contractor shall be responsible for: • Removing all debris and unusable materials resulting from their work and as work progresses,or upon request by the County's Representative from the property. • Contractor shall leave all affected areas as they were prior to beginning work(i.e.backfill trenches and replace sod) • Dispose of all waste, solid or liquid, from County property in accordance with all Federal, State and Local laws and regulations. 8. DISCHARGE/SPILLS A. The Contractor shall take appropriate precautions against leaks,spills,overfills and other fuel discharges.In the event a discharge is deemed to have been caused by the Contractor while working on the storage tank system,the Contractor shall immediately notify the County Representative by phone call and follow up email detailing the discharge event's time and date, cause, amount discharged, impacted areas and environmental media contaminated (i.e. groundwater, surface water,soils). B. The Contractor shall immediately remediate the area in compliance with Florida Department of Environmental Protection(FDEP)requirements at no cost to the County. • Fuel spilled into overspill containments during nozzle connection and disconnection shall be appropriately recycled and not discharged onto the ground at the facility. • Spills exceeding one gallon shall be immediately reported to the County • Spills of 25 gallons or more onto pervious surfaces or 100 gallons or more onto impervious surfaces shall be immediately reported to the FDEP and the County • The Contractor shall be accountable to recover, assess and remediate fuel spills to a "no further assessments" determination by the FDEP and the County or a Site Rehabilitation Completion Order by the FDEP 9. PERMITS Where required, the Contractor shall be responsible for permit submissions, unless otherwise instructed by the County. Permit fees will be reimbursed at cost, no mark-up shall be allowed. The Contractor must use a qualified engineer or company representative(with all related licenses and certifications being current and in full force and applicable jurisdiction) with the experience and ability to obtain all permits required for any and all repairs,when necessary and applicable. 10. SAFETY The Contractor shall comply with all Occupational Safety and Health Administration (OSHA), National Electric Code (NEC),and any other applicable rules and regulations.Contractor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. 11. COLLIER COUNTY SITES The Contractor shall note that Collier County has multiple sites, located within Collier County, Florida, that may place orders under the awarded Agreement. 12. ASSIGNMENT OF WORK Page 3 of 5 Exhibit A—Scope of Services `AO 1 6 C 3 • The Contractor shall provide a company contact name,phone number and email address for normal business hour requests and for urgent or critical requests. • The Contractor shall be available twenty-four(24)hours per day,365 days per year. • Projects with an estimated value under $50,000 shall be obtained from the Primary Contractor. If the Primary Contractor does not respond in the required time period for response(refer to Section 16. Response Times),the County may solicit a quote from the Secondary Contractor. • Projects with a County estimated value of$50,000 to$199,999 will require quotes from all awarded Contractors within the proper response times as listed below. Lowest quote shall be awarded the projects. Failure to submit a quote may be deemed a breach of the awarded Agreement and could result in termination with the Contractor. • Quote threshold under this Agreement shall not exceed $199,999 (Projects above $199,999 shall require a new solicitation.) • The County will issue a Purchase Order,no work shall be performed until the Contractor is in receipt of an approved Purchase Order,exceptions may be made by the County in an urgent or critical event. • Should the scope of work originally quoted change, it is both the Contractor and the County Representative's responsibility to assure a modified Purchase Order is issued. Failure to update the Purchase Order may delay payment. • A Purchase Order shall survive the awarded Agreement expiration to allow completion of services. 13. CONTRACTOR RATES All rates quoted shall include the total labor cost including, but not limited to, the hourly employee pay rate, insurance, Contractor's overhead,profit,employee-related taxes, and any, and all cost associated with the employee travel including cost of vehicle,mileage,fuel charges and any other surcharges. 14. INVOICES The Contractor shall produce invoices that contain the following details regarding the services performed: • Purchase Order number. • Location of Service and any division/department reference number for the service. • Equipment and/or parts may be invoiced at cost plus 10%markup(markup does not apply to shipping or freight charges).All shipping or freight charges must have backup documentation. • Rentals may have a 10%markup and subcontractor invoice can be marked up 15%but the subcontractor hourly rate cannot exceed the Contractor's rate. A copy of the subcontractor quote or invoice must accompany the Contractor's invoice submitted to the County for payment. • Equipment or parts with a single item amount of$100.00 or more shall require back-up documentation.Contractor must also have the ability to order and receive parts in a timely and effective manner 15. WORK HOURS Normal business hours shall be 7:00 am to 5:00 p.m.,Monday through Friday,excluding County observed holidays.Hours outside of normal business hours,or hours during County requested urgent or critical work shall be considered overtime and charged at the rate of time and a half(1.5)hourly. County approval must be provided to the Contractor in writing prior to the start of work(or as soon as possible)for work that would be charged at the overtime rate.Overtime rate shall not exceed time and a half(1.5)hourly rate regardless of holiday,weekends,urgent or critical request. 16. RESPONSE TIMES Should the Primary Contractor fail to respond or perform within the required times below without obtaining a written time extension from the County,the County will request the service from the Secondary Contractor.Primary Contractor shall not have the right to invoice the County for any material or service related to the project they were excused from for failure to meet the response time.This shall apply to the Secondary Contractor as well.See Section 17"Performance Measures"below for additional requirements. The County reserve the right to request service from all of the awarded Contractors,and if deemed necessary by the County, Contractors outside of the awarded Agreement,during a critical event. A. STANDARD REQUEST Page 4 of 5 Exhibit A—Scope of Services ibC 3 • The Contractor shall acknowledge a request for a quote via email within twenty-four(24)hours from the time the County issued the request. • The Contractor shall provide a written quote to the Requestor via email within three (3) days of the initial request from the County. • The Contractor shall start work within two (2) days after a valid Purchase Order has been emailed to the Contractor by an appropriate County Representative. If additional time is needed,the Contractor must obtain written approval for time extension from the appropriate County Representative. B. URGENT REQUEST • The Contractor shall acknowledge an urgent request via email or phone call within one(1)hour of the request being sent by the County. • The Contractor shall be on-site within three (3) hours after the County's initial request, unless the County agrees to a different arrival time.A response time exceeding the three(3)hours must be approved in writing by an appropriate County Representative. • It is the Contractor's responsibility to assure a Purchase Order has been received within forty-eight(48)hours of the initial urgent request. • The Contractor shall be paid time and a half(1.5)hourly rate for urgent requests regardless of the day or time the work is performed. C. CRITICAL REQUEST • The Contractor(s)shall acknowledge critical requests as outline in Urgent Request above. • It is the Contractor's responsibility to assure a Purchase Order has been received within forty-eight(48)hours of the initial critical request. • Contractor(s)shall be paid time and a half(1.5)hourly rate for critical requests regardless of the day or time the work is performed. • The Contractor(s)shall assist the County with various preparations that may include,but shall not be limited to: • Isolating fueling components • Draining lines • Turning off valves • Anchoring equipment 17. PERFORMANCE MEASURES • Time is of the essence with respect to all provisions within the awarded Agreement.Any delay in performance, not approved in writing by an appropriate County Representative, shall constitute a material breach of the awarded Agreement. • The Contractor shall complete all work by the agreed completion date unless written approval for additional time is provided to the Contractor from the County Representative that is placing the order or their Designee. The County reserves the right to cancel an order, place the order with another contractor without cost or obligation to the County,if the order's delivery is not met without prior written time extension approval from the County. • The Contractor shall perform a joint inspection with the County upon completion of all work,unless waived by the County Representative or designee. The work shall not be deemed complete until all requested documentation has been provided to the County Representative or their designee. • In the event the work performance by the Contractor is unsatisfactory,the Contractor will be notified by the County and shall be given seven(7)calendar days to correct the work at no additional cost to the County.The County reserves the right to withhold monies owed until the work is completed to the County's satisfaction. Page 5 of 5 Exhibit A—Scope of Services 16C 3 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) i 6 C 3 RFP# 20-7803 "Fuel Storage Tank Systems Testing and Service" Exhibit B FEE SCHEDULE GUARDIAN FUELING TECHNOLOGIES,LLC (PRIMARY CONTRACTOR) Item Description Unit/Rate Price 1 Superintendent(Foreman)per Hour(straight time) 1 Hour $84.00 2 Certified Technician per Hour(straight time) 1 Hour $84.00 3 General Laborer/Helper per Hour(straight time) 1 Hour $74.00 4 Petroleum Contact Water Disposal(per gallon) 1 Gallon $1.25 5 Waste Petroleum/Fuel Disposal(per gallon) 1 Gallon $1.25 6 Fuel Polishing(per gallon) 1 Gallon $0.35 All rates quoted shall include the total labor cost including, but not limited to, the hourly employee pay rate, insurance, Contractor's overhead, profit, employee-related taxes, and any, and all cost associated with the employee travel including cost of vehicle,mileage,fuel charges and any other surcharges. New Equipment and Parts Markup Percent 10% Rental Equipment Markup Percent 10% Subcontractor Markup Percent 15% Urgent and Critical Markup Rate Time and a Half(1.5)Hourly • Surcharges and/or travel related expenses will not be accepted. • Quote threshold shall not exceed$199,999. Page 1 of 1 Exhibit B-Fee Schedule GF��i 16C 3 Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances 0 following this page (pages 1 through 8 ) this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE 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.This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract/Purchase Order. Compliance with Federal Law, Regulations and Executive Orders:The Sub-Recipient(County)agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards O 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide (Version 4, most recent update, Effective June 1, 2020) EXHIBIT I-1 CNt) 16C 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Changes: To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it,will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination: See Standard Purchase Order and/or Contract Terms and Conditions Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. EXHIBIT I-2 16C 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Clean Air Act(over$150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. 2.The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over$100,000): Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any EXHIBIT I-3 C 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." Procurement of Recovered Materials (§200.322) (Over$10,000): 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c.At a reasonable price. 2. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. EXHIBIT I-4 16C 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms,Conditions, and Grant Clauses Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor 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 County and the Grantor Agency 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 County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge,the grant requirements identified in this document. Vendor/Contractor Name CAL)R.�Z n n5 \,.-,o\opv Date 11-q- 2020 Authorized Signature — .: EXHIBIT I-5 i6C 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBIUTY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTRACTOR GuA T�eiry TZ)E1► naIogicS By: XX_.n." - . .��.-. .1 Signature KEN WEISs VP 4 SAleS Name and Title 964-2 "P4,/,;os 1u r Street Address -4Ach'sonL c- . 3 2 zsi,c, City, State, Zip 6"5294,93 DUNS Number It-9 - 2020 Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I-6 1 6 C 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COWER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status win be verified, wwerrfahte statuses'vn 1 requrre the PF.ME•to either pronvfe a rev.sed statement or prowde source documental=that validates a A. PRIMviE VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEN]NUMBER CONTRACT-DOLLAR AMOUNT k lUM2 t An -r 1 T TC-AtftO104te. (5.9 (olo(P Ti(e STHE PRAAE A RARIDA-EAT1 RED .ANT AGED , vAN Y p S THE ACT1 ViTY OF THIS COHTRACT_ mariONTi OR WOMEN BUSINESS ENTERPRESE. DBE? Y CONSTRUCTION'? Y N tDBEH.16E/WBE)OR HAVE A SMALL DISADVANTAGED BUSINESS RA CERTIFICATION-FROM THE SMALL BUSINESS e711000NSULTATION? A.tyti+tINLSTRATION, A SERVICE DISABLED VETERAN. WISE? S OTHER? r N SOS EA? Y THIS SUBMISSION A REVISION. Y :FYES;REVISION NUMBER if PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAl ED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLEI E THIS NEXT SECTION E]6E M/WBE - !,UECOUTRACTORORSUPPUEA TYPE OFWORR'OR ETHNICITY COD Sct/SUPPLIER PERCENT OFDONTRACT VET®tAtt NAME SPECIALTY (See Eeiowl DOLLAR AMOUNT DOUARS • TOTALS. • C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OE SUBMTTTER DATE TITLE OF SUBMirrtR .. lc.),ess 3-/5"- 2/ !/�° o (role EMAILADORESSOF-PRIME(SU5MiTT8t) TELEPHONE NUMBER FM NU DRIER KwiesSC' rld;tangve React (90,99(02- loBFfo NOTE The information is used to track and report ants:seated DBE cr MB£participation infederally-iunckdcontracts. The anticipated OBE or ME anounE Is vositary and iH not become part o the conttactual terms.This form must be submitted at time of response to a satdatton. rf and w henawarded a County contract,the prime wTi be asked to update the Information for the grant compliance des. r'THtlitrrir 'woe NackAmerfcan BA HispanlcAmeruan HA NativeAtne,ncar Na Subconi Asian American ,.AA desln-Pacific£,r ncan� Ap e NWt-kLnority Women! NW/ cuter,not of arty otter group fisted 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY t9EPA7t1MENTNAME COQUER CONTRACT ItilFBALFPcr GRANTPRoGRAM/COFIrRACf ACCEPTED$Y_ DATE EXHIBIT I-7 16C 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100S100) 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. C`1UWt2C1i +''1 TEC1,nc;:l Contractor(Firm Name) mm 4,4.2 Ace)-- ' Signature of Contractor's Authorized Official 1 n tress U P 4- c,, 1 Name and Title of Contractor's Authorized Official 202-0 Date EXHIBIT I-8 ti 1 6 C 3 "', GUARFUE-01 CGARRICK ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 3/23/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME; Tanner,Ballew and Maloof,Inc. PHONE FAX 5871 Glenridge Dr (A/c,No,Ext):(404)252-8860 (a/c,No(404)252-8834 Suite 400 E-MAILDRSS: Atlanta,GA 30328 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Mid-Continent Casualty Co INSURED INSURER B:The Travelers Indemnity Company of America 25666 Guardian Fueling Technologies LLC INSURER c:Nautilus Insurance Company 17370 9452 Philips Hwy Ste 2 INSURER D:Wesco Insurance Company 25011 Jacksonville,FL 32256 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYYI (MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 04GL1046168 9/1/2020 9/1/2021 DAMAGETORENTED 100,000 X PREMISES(Ea occurrence) $ X Pollution Liability MED EXP(Any one person) $ Excluded X Professional Liab PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $ 2,000,000 POLICY X Fief LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO X 810-1 R667854 9/1/2020 9/1/2021 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSO ONLY AUTOS BODILYBODILY INJURY(Per accident) $ AUTOS ONLY AUUTOS ONLYY PROPERTY accident DAMAGE C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE FFX203291910 9/1/2020 9/1/2021 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ D WORKERS COMPENSATION X OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WWC3492585 9/1/2020 9/1/2021 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:20-7803 Fuel Storage Tank Systems Testing and Service Collier County Board of County Commissioners,OR,Board of Count Commissioners in Collier County,OR,Collier County Government,OR,Collier County, are included as additional insured with respect to general liability and auto liability on a primary and non-contributory basis as required by written contract per the attached.General liability coverage is primary and non-contributory.30 day notice of cancellation,10 for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier CountyBoard of CountyCommissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. Naples,FL 34112 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16C 3 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — LIABILITY CONDITIONS: COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Liability Coverage, organization, that is signed by you before the but only for damages to which this insurance "bodily injury" or "property damage" occurs and applies and only to the extent of that person's or that is in effect during the policy period, requires organization's liability for the conduct of another this insurance to be primary and non-contributory. "insured". CA T4 74 08 17 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 16C 3 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied 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 the 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- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE —INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION II — LIABILITY COV- during the policy period, to be named as an addi- ERAGE: tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. II Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- C. EMPLOYEE HIRED AUTO ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 06 09 ©2009 The Travelers Companies, Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office, Inc.with its permission. 16C 3 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., United States of America applies to and pro- Other Insurance, of SECTION IV — BUSI- hibits the transaction of business with or NESS AUTO CONDITIONS: within such country or jurisdiction, for Liability b. For Hired Auto Physical Damage Cover- Coverage for any covered "auto" that you age, the following are deemed to be cov- lease, hire, rent or borrow without a driver for ered "autos" you own: a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from (1) Any covered "auto" you lease, hire, any of your "employees", partners (if you are rent or borrow; and a partnershi p),p), members (if you are a limited (2) Any covered "auto" hired or rented by liability company) or members of their house- your "employee" under a contract in holds. that individual "employee's" name, (1) With respect to any claim made or "suit" with your permission, while perform- brought outside the United States of ing duties related to the conduct of America, the territories and possessions your business. of the United States of America, Puerto However, any "auto" that is leased, hired, Rico and Canada: rented or borrowed with a driver is not a (a) You must arrange to defend the covered "auto". "insured" against, and investigate D. EMPLOYEES AS INSURED or settle any such claim or "suit" The following is added to Paragraph A.1., Who Is and keep us advised of all pro An Insured, of SECTION II — LIABILITY COV- ceedings and actions. ERAGE: (b) Neither you nor any other in- Any "employee" of yours is an "insured" while us- volved "insured" will make any ing a covered "auto" you don't own, hire or borrow settlement without our consent. in your business or your personal affairs. (c) We may, at our discretion, par- ticipate in defending the "insured" E. SUPPLEMENTARY PAYMENTS — INCREASED against, or in the settlement of, LIMITS any claim or"suit". 1. The following replaces Paragraph A.2.a.(2), (d) We will reimburse the "insured": of SECTION II —LIABILITY COVERAGE: (i) For sums that the "insured" (2) Up to $3,000 for cost of bail bonds (in- legally must pay as damages cluding bonds for related traffic law viola- because of "bodily injury" or tions) required because of an "accident" "property damage" to which we cover. We do not have to furnish this insurance applies, that these bonds. the "insured" pays with our 2. The following replaces Paragraph A.2.a.(4), consent, but only up to the of SECTION II—LIABILITY COVERAGE: limit described in Paragraph C., Limit Of Insurance, of (4) All reasonable expenses incurred by the SECTION II — LIABILITY "insured" at our request, including actual COVERAGE; loss of earnings up to $500 a day be- cause of time off from work. (ii) For the reasonable expenses incurred with our consent for F. HIRED AUTO — LIMITED WORLDWIDE COV- your investigation of such ERAGE—INDEMNITY BASIS claims and your defense of The following replaces Subparagraph e. in Para- the "insured" against any graph B.7., Policy Term, Coverage Territory, of such "suit", but only up to and SECTION IV—BUSINESS AUTO CONDITIONS: included within the limit de- e. Anywhere in the world, except any country or scribed in Paragraph C., Limit jurisdiction while any trade sanction, em Of Insurance, of SECTION II bargo, or similar regulation imposed by the — LIABILITY COVERAGE, Page 2 of 4 ©2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc.with its permission. 16C 3 COMMERCIAL AUTO and not in addition to such I. PHYSICAL DAMAGE — TRANSPORTATION limit. Our duty to make such EXPENSES—INCREASED LIMIT payments ends when we The following replaces the first sentence in Para- have used up the applicable graph A.4.a., Transportation Expenses, of SEC- limit of insurance in payments TION III—PHYSICAL DAMAGE COVERAGE: for damages, settlements or defense expenses. We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- (2) This insurance is excess over any valid curred by you because of the total theft of a cov- and collectible other insurance available ered "auto" of the private passenger type. to the "insured" whether primary, excessJ. PERSONAL EFFECTS contingent or on any other basis. (3) This insurance is not a substitute for re- The following is added to Paragraph A.4., Cover- quired or compulsory insurance in any age Extensions, of SECTION III — PHYSICAL country outside the United States, its ter- DAMAGE COVERAGE: ritories and possessions, Puerto Rico and Personal Effects Canada. We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coun- (1) Owned by an "insured"; and try up to the minimum limits required by (2) In or on your covered "auto". local law. Your failure to comply with compulsory insurance requirements will This coverage applies only in the event of a total not invalidate the coverage afforded by theft of your covered "auto". this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu- (4) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- more airbags in a covered "auto" you own that in- ada. We assume no responsibility for the flate due to a cause other than a cause of "loss" furnishing of certificates of insurance, or set forth in Paragraphs A.1.b. and A.1.c., but for compliance in any way with the laws of other countries relating to insurance. only: a. If that "auto" is a covered "auto" for Compre- G. WAIVER OF DEDUCTIBLE—GLASS hensive Coverage under this policy; The following is added to Paragraph D., Deducti- b. The airbags are not covered under any war- ble, of SECTION III — PHYSICAL DAMAGE ranty; and COVERAGE: c. The airbags were not intentionally inflated. No deductible for a covered "auto" will apply to We will pay up to a maximum of $1,000 for any glass damage if the glass is repaired rather than one "loss". replaced. L. NOTICE AND KNOWLEDGE OF ACCIDENT OR H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF LOSS USE—INCREASED LIMIT The following is added to Paragraph A.2.a., of The following replaces the last sentence of Para- SECTION IV—BUSINESS AUTO CONDITIONS: graph A.4.b., Loss Of Use Expenses, of SEC- TION III—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- However, the most we will pay for any expenses plies only when the "accident" or "loss" is known for loss of use is $65 per day, to a maximum of to: $750 for any one "accident". (a) You (if you are an individual); CA T3 53 06 09 ©2009 The Travelers Companies, Inc. Page 3 of 4 Includes the copyrighted material of Insurance Services Office, Inc.with its permission. 16C 3 COMMERCIAL AUTO (b) A partner(if you are a partnership); tent required of you by a written contract (c) A member (if you are a limited liability corn- signed and executed prior to any "accident" pany); or"loss", provided that the "accident" or"loss" arises out of operations contemplated by (d) An executive officer, director or insurance such contract. The waiver applies only to the manager (if you are a corporation or other or- person or organization designated in such ganization); or contract. (e) Any "employee" authorized by you to give no- N. UNINTENTIONAL ERRORS OR OMISSIONS tice of the "accident" or"loss". M. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of The following replaces Paragraph A.5., Transfer SECTION IV—BUSINESS AUTO CONDITIONS: Of Rights Of Recovery Against Others To Us, The unintentional omission of, or unintentional of SECTION IV — BUSINESS AUTO CONDI- error in, any information given by you shall not TIONS: prejudice your rights under this insurance. How- 5. Transfer Of Rights Of Recovery Against ever this provision does not affect our right to col- Others To Us lect additional premium or exercise our right of We waive any right of recovery we may have cancellation or non renewal. against any person or organization to the ex- Page 4 of 4 ©2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc.with its permission. 16C 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom the named insured is operating under a written "insured contract" when such contract requires a waiver of transfer of rights of recovery against others. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to Paragraph 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of Section IV- Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of"your work" done under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above. ML 10 80(07 11) Page 1 of 1 16C 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom the named insured has agreed by written "insured contract"to designate as an additional insured subject to all provisions and limitations of this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability caused, in whole or in part, by your performance of ongoing operations for that insured. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by written "insured contract", the insurance afforded to such additional insured will not be broader than that which you are required by the written "insured contract"to provide for such additional insured. ML 10 81 (04 13) Page 1 of 1