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Backup Document 06/28/2022 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 0 6 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 County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management -67 ` 6 f 2b/Z2 2. County Attorney Office County Attorney Office �Ak 5Jk//m7 c/z��Z 2 4. BCC Office Board of County Commissioners L 1 by n ls/ C/' (/2-2 4. Minutes and Records Clerk of Court's Office .*);(A) W.7-itevo- 47;31,k- 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 Patrick O'Quinn/PURCHASING Contact Information 239-252-8407 Staff Contact/ Department Agenda Date Item JUNE 28TH, 2022 Agenda Item Number 16.D.6. was Approved by the BCC Type of Document FIXED TERM SERVICE Number of Original 1 Attached AGREEMENT Documents Attached PO number or N/A 22-7996 ODYSSEY account number if PURCHASING MANUFACTURING document is to be OF SODIUM CO. recorded HYPOCHLORITE 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 PRO 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 PRO 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 PRO 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! RECFIVED 8. The document was approved by the BCC on 6/28/2022 and all changes made during /A is not the meeting have been incorporated in the attached document. The County JU 4) 2022 an option for Attorney's Office has reviewed the changes,if applicable. /i4 ,IIJ this line. 9. Initials of attorney verifying that the attached document is the version approved by the Risk Mans emefi /A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. ] this line. 160 6 MEMORANDUM Date: June 29, 2022 To: Patrick O'Quinn, Purchasing Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #22-7996 for "Purchasing of Soduim Hypochlorite" Contractor: Odyssey Manufacturing Co. Attached for your records is an original of the referenced document above, (Item #16D6) adopted by the Board of County Commissioners on Tuesday, June 28, 2022. 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 I MI 6 FIXED TERM SERVICE AGREEMENT # 22-7996 for Purchasing of Sodium Hypochlorite THIS AGREEMENT, made and entered into on this a e•-0,t day of 7urte_ 20 22 by and between Odyssey Manufacturing Co. authorized to do business in the State of Florida, whose business address is 1484 Massaro Blvd., Tampa, FL 33619 , (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; or-n-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 I Request for Proposal (RFP) ■ Invitation to Bid (ITB) n Other ( )# 22-7996 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. n The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement 2022_Ver.1 O C t 1 O 6 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): n ; transferred from thc County to thc contractor; and, as a business practice-there arc no hourly or material invoices presented, rather, the contractor must perform to the , is authorized. n of hours times hourly rate), and for materials and equipment used in the project (cost of that the project requirements would most likely change. As a general business practice, of hours worked and billing rate by position (and not company (or subcontractor) Il records), material or equipment invoices, and other reimbursable n Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. A _ Page 2 of 17 Fixed Term Service Agreement 2022_Ver.I 160 6 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 476 I d—Reimbu;s lti—E;Epensee Trov --and Reimbursable Expenses must be appre ed-i Reimbursement- shall be-at-the-#eWewing-rate& Mileage $844.5 per mile Breakfast $.6,043 Lunen Airfare lees--fate Renta4-ear lard-slz e vchicica hedging cap-of no me Parking Taxi or Airport Limousine Actual cost of either Reimiabweab lowing elephone long distance charges, fax charges, photocopying charges and p items-will be paid only after Cent-prevido€ all-receipts. -Contr tef--shell-be respsnsible for all other costs and-e*penses assoeieted---witletivit4ce cksoli tat t ndertaken-pia . 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Odyssey Manufacturing Co. Address: 1484 Massaro Blvd. Tampa, FL 33619 Authorized Agent: Attention Name & Title: Patrick Allman, General Manager Telephone: 813-635-0339 E-Mail(s): pallman@odysseymanufacturing.com Page 3 of 17 Fixed Term Service Agreement 2022_Ver.I ICAO 160 6 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 Name: Parks & Recreation Division Division Director: Olema Edwards, Interim Director Address: 15000 Livingston Road Naples, FL 34109 Administrative Agent/PM: Scott Holtery Telephone: 239-252-4077 E-Mail(s): Scott.Holtrey@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during Page 4 of 17 Fixed Term Service Agreement 2022_Ver.1 GO 6 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 sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. • Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 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. 1.1 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. S- n claim and aggregate. l=-❑ Cyb r L' b'I'ty: Covoragc shall have minimum limits of$ per claim. F. n Pollution Liability : Coverage shall have minimum limits of $ 1,000,000 per claim. Page 5of17 Fixed Term Service Agreement 2022_Ver.1 CAO 160 6 G- ❑ _. tee minimum limits of$ per claim/Occurrence. l- _ minimum limits of$ per claim/Occurrcncc. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Page6of17 C 169 6 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 Parks and Recreation 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), I■j Exhibit A Scope of Services, Exhibit B Fee Schedule, RF-P/ • ITB/I I Other#22-7996 , including Exhibits, Attachments and Addenda/Addendum, n subsequent quotes, and Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311 . Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Page 7 of 17 Fixed Term Service Agreement 2022_Ver.1 OCAO 1 60 6 Records Law Chapter 119, if applicable, 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: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(�colliercountyfl.gov 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 Agreement 2022_Ver.1 CAO 161 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. n 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. I I WARRA-N-T- Contractor expressly warrants that he--goods;---materials andler r the purpose intended. Goods shall be delivered free from any scca 4+en sec , er-tk> A�reeFnent a -s--fer-the Page 9 of 17 Fixed Term Service Agreement 2022_Ver.1 CAa� 1611 particular service. These warranties shall survive inspection, acceptance, passage of title fabricators, suppliers or processors except as otherwise provided for in the Contract Documents- of such replacement or repair. These warranties arc 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. I■ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, Page 10 of 17 Fixed Term Service Agreement 2022_Ver.1 160 6 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 KEY PERSOFlNE d far Wassfgn +red-seMee dates:—T-hc Contractor cha ,,tecJ le #elow+eg-s$ r it+e e ua ifiea-bons citing as far in awe--ae- sibl iaeefaeet per-SeRfiet: Page 11 of 17 Fixed Term Service Agreement 2022_Ver.1 )1 I .6# 6 • AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. • ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. [� ORDEE-R--GF o--, -REGLD EN C E(Grit--F•unste tist4 ee-t-weea-eF am g-tsle-term s-ef-aay-ef the Coat t-Dootim ce ov #e-te rr la of meats f-th a l take prcced e-extea ►y-eehft t- htfeet Dew a or t ly ebli or--et+en, 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 Agreement 2022_Ver.1 CAo. t6D 6 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 Agreement 2022_Ver.1 CAO 1 60 6 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 the Circuit COLLIER COUN , FLORIDA Court and Comptroller Ati*mokr-C?). am By: Li'�//. ` .��io" y: Poi William L. McDaniel Jr. , hairman Dated:f A _ AI?. (SEAL)Attest as t'harrman's se only' Odyssey Manufacturing Co. Contractor's Witnesses: Contractor By: ntracto 's first Witness Signatur ��"�� �a I�t v\ be 4L """"'sib teitaTType/print signature andltitleT TType/pri fitness nam Contractor' Second Witness R Li,4 A (YN,A7 TType/print witness name Approve as to rm,,and Legality: 4 County Attorney Pint Name Page 14 of 17 Fixed Term Service Agreement 2022_Ver.I 16 0 $ Exhibit A Scope of Services n following this page (containing 5 pages) n this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement 2022_Ver.1 16. Invitation to Bid (ITB) #22-7996 "Purchase of Sodium Hypochlorite" EXHIBIT A SCOPE OF SERVICES The terms"Supplier"and"Contractor"may be used interchangeably throughout the Agreement. I. BACKGROUND The Parks and Recreation Division manages five aquatic / pool venues where bulk and non-bulk chemicals are stored and used on a routine basis. II. DETAILED SCOPE OF WORK The Supplier shall provide the chemical, inclusive of all costs associated with the scope of work identified herein, including storage tanks, product, handling, transportation and delivery (including fuel surcharges), for the Agreement period. The County reserves the right to add additional delivery locations at any time during the term of the agreement by written notice by County Parks and Recreation division to Contractor. A. Locations. The chemical shall be delivered to the Facilities located identified below: Parks and Recreation Facilities: • North Collier Regional Park Sun-N-Fun Lagoon 15000 Livingston Rd Naples,FL 34109 • Golden Gate Community Park 3300 Santa Barbara Blvd. Naples,FL 34416 • Donna Fiala Eagle Lakes Community Park 11565 Tamiami Trail E Naples,FL 34113 • Immokalee Sports Complex 505 Escambia St Immokalee, FL 34142 • Big Corkscrew Island Regional Park 810 39th Ave NE Naples, FL 34120 B. Estimated Quantities. The estimated quantities are as follows: Aquatic Facilit Chlorine Total Monthly(Apr-Oct) Monthly(Nov-Mar) Sun-N-Fun 3250 30000 15000 Page 1 of 3 Exhibit A—Scope of Services (C-1:;) IGB 41 Invitation to Bid (ITB) #22-7996 "Purchase of Sodium Hypochlorite" Eagle Lakes 3250 13000 5500 Golden Gate 900 9000 3500 Immokalee 900 9000 3500 **Big Corkscrew 3250 13000 5500 *Total 11650 75500 34000 Please note, estimated quantities based on historical spend. Also, Big Corkscrew still under construction, and the layout is similar to Eagle Lakes Aquatic Center. C. Compliance Requirements. The Supplier will comply with all aspects of this solicitation, including the following: 1. The unit price for Sodium Hypochlorite identified in Exhibit B Fee Schedule ("Fee Schedule") of this Agreement should be inclusive of all costs associated with the scope of work, including the product, handling, transportation and delivery,any containers to be used by the County and provided by the Supplier to house their supplied chemicals on County property, fuel surcharges, etc. 2. Supplier shall comply with specifications as identified on Attachment 1 Chemical Specification Sheet(attached hereto this scope), including standard and emergency deliveries. Suppliers must comply with all Federal and State regulations associated with the safe and proper handling and delivery of Sodium Hypochlorite(e.g., DOT, Environmental Protection, OSHA,etc.). 3. Safety Data Sheets(SDS)will be provided for initial chemical delivery,and any time thereafter when a chemical change occurs. 4. Provide technical and safety assistance as requested by the County and as described on chemical specifications. 5. Test and performance data on chemicals identified by the County. 6. Supplier will coordinate Semi-Annual Business Reviews with Department Managers, and provide usage reports, for purposes of providing an opportunity to: • Discuss chemical usage reports; reports must include, but not limited to type of chemicals purchased, volume purchased by plant,manufacturer, fill rate,price, etc., • To review current business processes and consider "best practices" to help reduce future costs and maximize efficiencies in the procurement and delivery of chemicals. • Consider possible pilot program efficiencies particularly around new technology or chemical development. D. Price Modifications. Price increase requests may be submitted bi-annually (after 180 calendar days from the agreement commencement month/day), following the process established below. Retroactive price adjustments are not authorized. a. Submit price increase requests in writing by email to the County's Contract Administrator 30 days before the semi-annual contract anniversary date for consideration. b. Supplier shall provide supporting documentation justifying price increases(examples: supplier material agreements, distributor invoices,proof of fuel increases, etc.). c. County Contract Administrator shall analyze prices to determine increases are fair and reasonable using the following methods: price competition (reviewing competitive bids or offers), market prices, historical prices, or independent estimates. Page 2 of 3 Exhibit A—Scope of Services I .0 6 Invitation to Bid (ITB) #22-7996 "Purchase of Sodium Hypochlorite" d. Supplier shall continue to fill all purchase orders received at the current agreement prices during the review process. e. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance,as amended. The bid tabulation shall be modified with the price increases and uploaded into the County's Finance system. f. Price increase requests are not guaranteed. If approved, the Procurement Director or designee will notify the Supplier in writing with the effective date of any approved price increases. g. Initial pricing shall be firm for six (6)months from the awarded agreement,subsequent pricing will be effective for six(6)months from the approved price increase. Page 3 of 3 Exhibit A—Scope of Services CAO ATTACHMENT 1 16O 6 Chlorine Specification PR-1 Sodium Hypochlorite 12% (Liquid Bleach/Chlorine) 1. Use: 12.5% liquid chlorine for disinfectant/sanitizer 2. American National Standard Institute --NSF/ANSI/CAN 50-2020 3. Physical properties a. Physical description Greenish-yellow liquid with a pungent, irritating odor b. Boiling point -29°F c. Molecular weight 70.9 d. Freezing point/melting point -150°F e. Vapor pressure 6.8 atm f. Vapor density 2.47 g. Specific gravity 1.424 at 59°F h. Ionization potential 11.48 eV i. Lower explosive limit (LEL) j. Upper explosive limit (UEL) k. NFPA health rating 4 1. NFPA fire rating 0 m. NFPA reactivity rating 0 n. NFPA special instruction OX: Possesses oxidizing properties 4. Technical assistance—Vendor must have a representative available to respond to any technical and safety concerns immediate via phone or 6 hours to the facility 5. Safety—The vendor's truck must be equipped to handle and unload safely the Sodium Hypochlorite 12% (Liquid Bleach/Chlorine). A current Safety Data Sheet (SDS) must be provided with the initial order and any time thereafter when a change in chemical is made a. FIRST AID i. IF IN EYES: Hold eye open and rinse slowly and gently with water for 15-20 minutes. ii. Remove contact lenses if present, after the first 5 minutes, then continue rinsing eye. Call a poison control center or doctor for treatment advice. iii. IF ON SKIN OR CLOTHING: Take off contaminated clothing. Rinse skin immediately with plenty of water for 15-20 minutes. Call a poison control center or doctor for treatment advice. CAO. 160 6 Chlorine Specification iv. IF SWALLOWED: Call a poison control center or doctor for treatment advice. Have a person sip a glass of water if able to swallow. Do not induce vomiting unless told to do so by a poison control center or doctor. Do not give anything by mouth to an unconscious person 6. Required packaging—To be shipped and stored in its liquid form. When filling the customers doubled wall chemical tank, Department of Transportation (DOT) permit a maximum of 87.5% of the tanks volume CAC I60 6 Exhibit B Fee Schedule following this page (containing 1 pages) Page 16 of 17 Fixed Term Service Agreement 2022_Ver.1 (CA 160 6 Invitation to Bid (ITB) #22-7996 "Purchase of Sodium Hypochlorite" EXHIBIT B FEE SCHEDULE Item Product Description Unit of Unit Price Measure Sodium Hypochlorite Liquid 1 PR-1 (Liquid bleach/Chlorine) Gallon $1.25 Page 1 of 1 Exhibit B-Fee Schedule 161 Other Exhibit/Attachment Description: following this page (containing pages) n this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement 2022_Ver.1 1 60 6 ACo® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) L.--------. 02/08/2022 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 Debbie MacGillivray NAME: Stahl&Associates Insurance Inc. PHONE Extl: (863)688-5495 FAX No): (863)688-4344 91 Lake Morton Drive E-MAIL certificateslakeland@stahlinsurance.com ADDRESS: P 0 Box 3608 INSURER(S)AFFORDING COVERAGE NAIC# Lakeland FL 33802 INSURER A: Illinois Union Insurance Co 27960 INSURED INSURER B: ACE American Insurance Co 22667 Odyssey Manufacturing Co. INSURER C: Zenith Insurance Company 13269 1484 Massaro Blvd INSURER D: Colony Insurance Company 3993 INSURER E: Tampa FL 33619 INSURER F: COVERAGES CERTIFICATE NUMBER: Jan 2022 Master 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ X Per Project Applies By MED EXP(Any one person) $ 10,000 A Written Contract Y G24092975 013 10/01/2021 10/01/2022 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X RO- LOC 000020 , X OTHER: XCU,Contractual $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ - B OWNED SCHEDULED Y H08450377 013 10/01/2021 10/01/2022 BODILY INJURY(Per accident) $ _ AUTOS ONLY - AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) X Hired PD PIP-Basic $ 10,000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A/D X EXCESS LIAB CLAIMS-MADE G24092987013/EX04266669 10/01/2021 10/01/2022 AGGREGATE $ 4,000,000 DED RETENTION$ $ WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N 1000000 C ANY PROPRIETOR/PARTNER/EXECUTIVE Y NIA Z066828618Item3A:FL 01/01/2022 01/01/2023 E.L.EACH ACCIDENT $ , , OFFICER/MEMBER EXCLUDED? 1,00 0,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under - 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Ea Poll Condition Agg 1,000,000 Pollution/Professional Liability A Poll Ded$5K/Prof Ded$25K G24092975 013 10/01/2021 10/01/2022 Pro Ea Claim Aggregate 1,000,000 Retro Date:10/01/2009 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:21-7921 Countywide Chemicals;Collier County Board of County Commissioners,or Board of County Commissioners in Collier County,or Collier County Government,or Collier County are included as additional insured under the captioned commerical general liability and automobile liability policies on a primary and non-contributory basis if and to the extent required by written contract.30 Days Notice of Cancellation Except 10 Days for Non-Payment of Premium Applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. AUTHORIZED REPRESENTATIVE Naples FL 34112r �7 /L�/�4" /y I !J ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 160 6 AC R ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) ��. 12/08/2021 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the 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 Debbie MacGillivray NAME: Stahl&Associates Insurance Inc. PHONJ,EMI: (863)688-5495 �A'/C Na): (863)688-4344 (A/C,91 Lake Morton Drive E-MAIL certificateslakeland@stahlinsurance.com ADDRESS: P 0 Box 3608 INSURER(S)AFFORDING COVERAGE NAIC# Lakeland FL 33802 INSURER A, Illinois Union Insurance Co 27960 INSURED INSURER B: ACE American Insurance Co 22667 Odyssey Manufacturing Co. INSURER C: Zenith Insurance Company 13269 1484 Massaro Blvd INSURER D: Colony Insurance Company 3993 INSURER E: Tampa FL 33619 INSURER F: COVERAGES CERTIFICATE NUMBER: Jan 2022 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 D CLAIMS-MADE X OCCUR PREMISESDAMAGE TO(Ea occREu r nce) $ 300,000 X Per Project Applies By MED EXP(Any one person) $ 10,000 A Written Contract Y G24092975 013 10/01/2021 10/01/2022 PERSONAL aADv INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- 2,000,000 JECT LOC PRODUCTS-COMP/OP AGG $ X OTHER: XCU,Contractual $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED H08450377 013 10/01/2021 10/01/2022 BODILY INJURY(Per accident) $ - AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) X Hired PD PIP-Basic $ 10,000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A/D X- EXCESS LIAB CLAIMS-MADE G24092987013/EX04266669 10/01/2021 10/01/2022 AGGREGATE $ 4,000,000 DED RETENTION$ $ WORKERS COMPENSATION X STATUTE EOTH AND EMPLOYERS'LIABILITY Y/N 1 C ANY PROPRIETOR/PARTNER/EXECUTIVE Y N/A Z066828618 Item 3A:FL 01/01/2022 01/01/2023 E.L.EACH ACCIDENT $ , , OFFICER/MEMBER EXCLUDED? (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 $ Ea Poll Condition Agg 1,000,000 Pollution/Professional Liability A Poll Ded$5K/Prof Ded$25K G24092975 013 10/01/2021 10/01/2022 Pro Ea Claim Aggregate 1,000,000 Retro Date:10/01/2009 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Collier County Board of County Commissioners is additional insured on the general liability including products and completed operations on a primary non-contributory basis if required by written contract. 30 Days Notice of Cancellation Except 10 Days for Non-Payment of premium applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1500 Livingston Road AUTHORIZED REPRESENTATIVE Naples FL 34109 `A7,, /L./°' E /� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 160 6 POLICY NUMBER. G24092975 013 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations As required by written contract signed by both parties As required by written contract signed by both parties prior to a loss which this insurance applies. prior to a loss which this insurance applies. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section It — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for"bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law;and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement. the will pay on behalf of the additional insured is the insurance afforded to such additional insured amount of insurance: will not be broader than that which you are 1. Required by the contract or agreement;or required by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of Insurance shown in the Declarations; B. With respect to the insurance afforded to these additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the "property damage"occurring after: Declarations, CG 2010 0413 0 Insurance Services Office, Inc.,2012 Page 1 of 1 4. POLICY NUMBER: G24092975 013 Endorsement Number: COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE • Name Of Additional Insured Person(s) Location And Description Of Completed Operations l Or Organization(s) As required by written contract or agreement signed by As required by written contract or agreement signed by 1 both parties prior to a loss to which this insurance both parties prior to a loss to which this insurance applies. ' applies, Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to will not be broader than that which you are include as an additional insured the person(s) or required by the contract or agreement to provide organization(s) shown in the Schedule, but only for such additional insured, with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these "property damage"caused, in whole or in part, by additional insureds, the following is added to "your work" at the location designated and Section III—Limits Of Insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and required by a contract or agreement, the most we included in the "products-completed operations will pay on behalf of the additional insured is the hazard". amount of insurance: However: 1. Required by the contract or agreement;or 1. The insurance afforded to such additional 2. Available under the applicable Limits of insured only applies to the extent permitted Insurance shown in the Declarations; by law; and 2. If coverage provided to the additional insured whichever is less. is required by a contract or agreement, the This endorsement shall not increase the applicable insurance afforded to such additional insured Limits of Insurance shown in the Declarations. CG 20 37 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 160 6 Westchester A Chubb Company' PRIMARY AND NONCONTRIBUTORY—OTHER INSURANCE CONDITION Named Insured Endorsement Number Odyssey Manufacturing Co. Policy Symbol Policy Number Policy Period Effective Date of Endorsement GLW G24o92975 013 10/01/2021 to 10/01/2022 10/01/2021 Issued By(Name of Insurance Company) Illinois Union Insurance Company Insert the policy number.The remainder oldie information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to,and will not seek contribution from,any other insurance available to an additional insured under this policy,provided that: a. The additional insured is a named insured under such other insurance;and b. You have agreed in a written contract or agreement that this insurance would: (i) act as primary insurance;and (a)would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. ENV-3252(12.03) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of i (266562.1) 1 69 6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 711 PARTNERS, OFFICERS AND OTHERS EXCLUSION ENDORSEMENT The policy does not cover bodily injury to any person described in the Schedule. The premium basis for the policy does not include the remuneration of such persons. You will reimburse us for any payment we must make because of bodily injury to such persons. Schedule Partner Officer Others STEPHEN SIDELKO SECRETARY Excluded: 01/01/2022 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/2022 ZENITH INSURANCE COMPANY- 13145 Insured ODYSSEY MANUFACTURING CO. Policy No. Z066828618 Policy Period 01/01/2022 To 01/01/2023 Issued On 12/01/2021 _ At Sarasota, FL PRESIDEN WC-00-03-08 (Ed. 04-84) Endorsement No. 8 I6 ft AUTOMATIC ADDITIONAL INSURED ENDORSEMENT Named Insured Odyssey Manufacturing Co. Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement CAL H08450377 013 10/01/2021 to 10/01/2022 10/01/2021 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number The remainder of the mformation is to be completed only when this endorsement is issued subsequent to the preparation of Inn policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SECTION II - LIABILITY COVERAGE, WHO IS AN INSURED is amended to include as an "insured" any person or organization you are required in a written contract or agreement to name as an Additional Insured on your policy but only for"bodily injury"or"property damage"to which this insurance applies if the"accident"is caused by: 1. You,while using a covered"auto"or 2. Any other person,while using a covered"auto"with your permission. The insurance provided by this endorsement shall be subject to the following additional condition: 1. The Limit of Insurance provided for the Additional Insured shall not be greater than those required by contract and,in no event, shall the policy Limits of Insurance be increased by the contract. 2, All insuring agreements, exclusions, terms and conditions of the policy shall apply to the coverage (s)provided to the Additional Insured,and such coverage shall not be enlarged or expanded by reason of the contract. 3. Coverage provided by this endorsement shall be excess over any other valid and collectible insurance available to the Additional Insured (s) whether primary, excess, contingent or on any other basis unless the contract specifically requires that this insurance be primary or you request that it apply on a primary basis prior to loss. Any person or organization you are required in a written contract or agreement,with such written contract or agreement signed prior to commencement of operations,to name as an Additional Insured on your policy, but only for"bodily injury" or"property damage"to which this insurance applies if the"accident"is caused by a)you,while using a covered"auto",or b)any other person,while using a covered "auto"with your permission_ Authonzed Representative DA-6Z04a(06/14) Page 1 of 1 083 16Q 6 ODYSSEY MANUFACTURING CO. April 14, 2021 Re: CORPORATE RESOLUTION FOR AUTHORITY TO SIGN BIDS, BID FORMS, CONTRACTS, BONDS & PERMITS ON BEHALF OF ODYSSEY MANUFACTURING CO. To Whom It May Concern, WHEREAS, the Board of Directors of Odyssey Manufacturing Co. has determined it to be in the best interest of the Corporation to establish a Corporate Resolution. Be it: RESOLVED, The undersigned hereby certifies that Patrick H. Allman, its General Manager, is authorized to sign bids and all bid forms; to execute agreements and any documents associated with these agreements; to sign bonds of any type; and to sign any permit documents on behalf of Odyssey Manufacturing Co. Additionally, the undersigned is the duly elected and qualified Secretary and the custodian of the books and records and seal of Odyssey Manufacturing Co., a corporation duly formed pursuant to the laws of the state of Delaware and that the foregoing is a true record of a resolution duly adopted at a meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above-named Corporation on April 14, 2021, and that said resolution is now in full force and effect without modification or rescission. IN WITNESS WHEREOF, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above-named Corporation this 14th day of April, 2021. CORPORATE SEAL Stephen Sidelko, Secretary Marvin T. Rakes, r ident ULTRA THE CLEAR SOLUTION 1484 MASSARO BLVD • TAMPA, FL 33619 • (813) 635-0339 • FAX (813) 630-2589