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#22-8034 (National Fire Alarm Systems, LLC) FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 22-8034 for "FIRE SAFETY SYSTEMS REPAIR, MAINTENANCE & REPLACEMENT" THIS AGREEMENT, made and entered into on this aE day of P .4- 20 23 , by and between NATIONAL SECURITY FIRE ALARM SYSTEMS, LLC authorized to do business in the State of Florida, whose business address is 13245 Tamiami Trail E., Naples FL 34114 , (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 ❑ 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 ❑Noticc to Procccd. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Rcqucst for Proposal (RFP) ❑� Invitation to Bid (ITB) Othcr ( ) # 22-8034 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 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 2022_Ver.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 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A— Scope of Services attached hereto. 37a ❑ The procedure for obtaining Work under this Agreement is outlined in ❑ Other Exhibit/Attachment: 34❑ The County reserves th uotations: the period 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): ❑ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks arc transferred from the County to the contractor; and, as a business practice there arc no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑� Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ❑ Unit Price: The County agrees to pay a fir-ea-total fixed price (inclusive of all costs, delivered (i.c. 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 Set-vice Multi-Contractor Agreement 2022_Ver.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 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. 4� ❑ {check if applicable) Travel and Reimbursable Expenses: Travel and Rcimbursablc Expenses must bc approved in advance in writing by the County. Travel expenses shall bc reimbursed as per Scction 112.061 Fla. Stats. Reimbursements shall bc at the following rates: 1V1ilcage $0.44.6 per mile 8rc�kfast $6-99 Lunch $1-1.00 Dinner $41`9,00 Airfare Actual ticket cost limited to tourist or coach claw fare Rental car Actual rental cost limited to compact or standard size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of 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 long distance charges, fax charges, photocopying charges and postage. Reimbursable 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 # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022 Ver.3 ,A'T. 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: National Security Fire Alarm Systems, LLC Address: 65 Newport Ave. East Providence, RI 02916 Authorized Agent: Christopher Morra, President Attention Name & Title: Telephone: (401) 480-5221 E-Mail(s): Chris.Morra@NationalAlarm.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: John McCormick Division Name: Facilities Management Address: 3299 Tamiami Trail East Naples, FL 34112 Administrative Agent/PM: James Williams, Facilities Manager Telephone: (239) 252-7453 E-Mail(s): James.Williams@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 2022 Ver.3 in 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 or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ■0 Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. n Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2022 Ver.3 �rl.. Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. E-❑cyber Liability: Coverage shall have minimum limits of$ per claim. ❑ Pollution : Coverage shall have minimum limits of$ per claim. 6 ❑ : Coverage shall have minimum limits of$ per claim. ��. ❑ : Coverage shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals',fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6of17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑■ Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFP/ (I] ITB/❑ Othcr #22-8034 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and ❑ Othcr Exhibit/Attachmcnt: 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, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 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, as well as the requirements set forth in Florida Statutes, §448.095; 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, 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: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(c�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 Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022 Ver.3 Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 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. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. El 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. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022 Ver.3 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. ❑■ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. 0 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. Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 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 Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. 1 I KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project 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 the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions arc met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7)days of the change. The County retains final approval of proposed replacement personnel. ■ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ❑■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ❑ ORDER OF 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 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 Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 38. ❑■ 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 2022_Ver.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. Kin eJ,.CIerk at the Circuit COLLIER COUNTY, FLORIDA Court and- 'o .• :,,. er, • } /'� IPA Y� �,112.; � P Rick LoCastro , Chairman Dated: `4 f, 1, (SEAL Y kt st:,03,to hair an's signatu e o Contractor's Witnesses: NATIONAL SECURITY FIRE ALARM SYSTEMS, LLC Contractor DBA ,e3,..,„......, Contractor's First Witness Si nature j'IC.fr_ - Iin es)r TType/print signature and titleT 1'Ty e/print witness n et j Contr ctor's Se d Witness /-//'eiHiefa. 620T96 TTYp p e/ rint witness narrset A e as • or and Legality: Counly Attorney soft Print Name • Page 14 of 17 /1 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 r'` , Exhibit A Scope of Services ❑ following this page (pages 1 through 5 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 Invitation to Bid (ITB) "Fire Safety Systems Repair, Maintenance & Replacement" EXHIBIT A SCOPE OF SERVICES The services provided throughout this Agreement shall be awarded on a Primary/Secondary basis as follows: Primary Contractor: Dynafire,LLC Secondary Contractor: National Security Fire Alarm Systems,LLC Background The awarded Contractor(s) will provide routine and as-needed maintenance services and parts such as repair and/or replacements (to include disposal of the old unit), parts, recharging, certification, training, testing, and written documentation for fire safety systems that are located at various facilities throughout the County. These products and services help to protect County employees,assets,and patrons. Scope of Work Contractor(s) shall provide routine and as-needed maintenance services and parts to include, but shall not be limited to, repair and replacements (to include disposal of the old unit), testing, recharging, and certification for the below listed categories per FL Statute Chapter 633 Fire Prevention and Control, National Fire Protection Association (NFPA) Codes,Occupational Safety and Health Administration(OSHA)and the local authority having jurisdiction(AHJ). Fire Safety repairs and replacement system consists of(but not limited to): • Fire extinguishers,exit signs,emergency lighting,kitchen fire suppression systems,vehicle fire suppression,and dry-chem systems. • Clean agent fire suppression systems. • Fire sprinklers,fire pumps, standpipe systems,fire backflow preventers systems,and fire alarm systems. 1. CERTIFICATION&LICENSE Contractor must have and maintain through the life of the contract the following valid and current license and certifications: • State of Florida Fire Equipment Dealer License and Fire Protection System Contractor I or II License • Certified Fire Alarm System Agent(FASA)or Burglar Alarm System Agent (BASA)Contractor must also hold one of the following License/certifications: • Florida State Certified Alarm System Contractor I or II • National Institute for Certification in Engineering Technologies Fire Alarm Certified Level II or higher • Certified by the Office of the State Fire Marshal or the local AHJ Contractor shall ensure that all services, installations, replacements, repairs, and tests are completed by a National Institute for Certification in Engineering Technologies(NICET)certified technician with a Level II or III certification in a subfield of Inspection and Testing of Water-Based Systems, or a State Fire Marshal approved equivalent certification,as required by FAC 69A-46.0165. Assistance to the certified technician may be provided by a non-certified technician (helper). Technician credentials may be requested by the County at any time. Page 1 of 5 Exhibit A—Scope of Services �C�,j Invitation to Bid (ITB) "Fire Safety Systems Repair, Maintenance & Replacement" 2. EXECUTION OF WORK Work shall be performed on a schedule or as-needed basis, determined by the County. The County does not guarantee that any work will be required during the length of the awarded Contract. The purpose of the Contract is to have the described services available when needed and funding is secured. Purchase Order: No work shall be performed until the Contractor is in receipt of an approved Purchase Order. A Purchase Order for urgent work shall be obtained within 24 hours of the initial request. Urgent requests must have approval by the appropriate County Representative. Work Order System: The Contractor will be responsible for utilizing any systems used by the County for work requests under the awarded Agreement. The Contractor will be required to update, complete and close work requests and attach before and after pictures,as necessary. Service Log: The Contractor shall maintain a service log at the site of each piece of equipment serviced by the Contractor. Project Threshold: No single project may exceed$200,000. Assignment of Work: The Contractor shall provide two assigned qualified technicians to the awarded Contract. Provide contact names, phone numbers and email addresses for all requests and shall be available twenty-four (24) hours per day, 365 days per year. Any work to be provided by a subcontractor requires approval by the County prior to commencement of work. Subcontractors will be allowed a maximum of 15%markup for services. Material Requirements: Items purchased for use under the awarded Contract shall be new and free of defects and at a minimum meet or exceed the equipment manufacturer's recommendations. Substitutions must be preapproved by the appropriate County Representative. Permitting: When required, the Contractor must use a qualified engineer or company representative (with all related licenses and certifications being current and in full force and effect) with the experience and ability to obtain all permits required for all repairs, when necessary and applicable. Permit fees shall be invoiced at cost to the County,no markup. Copies of all permit and plans must be provided to the County Representative. Schedule: Once a schedule to complete the work has been approved by both parties, the Contractor shall strictly comply with the approved schedule because of operational requirements that must be followed. If the Contractor fails to execute the work or any part thereof, within the specified time, the County may, by written notice to the Contractor terminate their right to proceed with the work. The County may take over the work and the Contractor and their sureties shall be liable to the County for any excess cost incurred. The County reserves the right to use a different Contractor or adjust the schedule to complete the work. Additions and Deletions of Equipment/Services: The County retains the right to add or the delete any facilities, equipment, or services provided under the resultant contract as described herein, upon notification by the County Representative or designee to the Contractor. 3. WORK HOURS Normal business hours are considered Monday through Friday 7:00 AM and 5:00 PM excluding County Observed Holidays. Work outside of normal business hours must be approved by the County in writing prior to the start of the work. Page 2 of 5 Exhibit A—Scope of Services Invitation to Bid (ITB) "Fire Safety Systems Repair,Maintenance & Replacement" 4. RESPONSE TIMES The rate shall be on a portal-to-portal basis. Normal business hours are considered Monday through Friday between 7:00 AM and 5:00 PM.Afterhours are considered before 7:00 AM and after 5:00 PM on weekdays and at any time on Saturday, Sunday,or County Observed Holidays. Afterhours rate will be calculated at 1 and 1/2 time the hourly rate provided in Exhibit B Fee Schedule. If a requested service starts during "Regular Time", and extends into the Afterhours period, the Afterhours rate shall only be charged for time worked during the Afterhours period. Normal Request: • Contractor shall acknowledge a request within eight(8)hours from the time the County issued the request. • If requested, contractor shall provide a written estimate to the requestor via email within three(3) business days of the initial request from the County. • Contractor shall start work within two(2)business days after a valid Purchase Order has been issued by an appropriate County Representative. Additional time may be approved,if needed,by the County Representative. Urgent Request: • Contractor shall acknowledge an urgent request within two (2) hours of the request being sent by the County. • Contractor shall be on-site within four(4) hours after the County's initial request. A response time may be adjusted with approval by the County Representative. The issue must be resolved within 24(twenty- four)hours unless additional time is approved by the County. Should the Primary Contractor not be able to provide the services within the time period or is unable to perform the normal or urgent requests, the Division reserves its rights to move to the Secondary and Tertiary, as necessary. The County reserves the right to seek services outside of the contract if the Primary, Secondary or Tertiary are unable to perform. 5. PRICING No fees shall be charged to the County for work that could not be performed due to circumstances beyond the control of the Contractor or the County. Hourly rates shall be per Exhibit B Fee Schedule and shall be all inclusive labor, overhead, travel related expenses,required reporting,equipment use(excluding rental equipment). The Contractor may only charge hourly rates for hours worked at the job site. The Contractor shall provide copies of receipts for parts and materials costing $500.00 or more, equipment, subcontractor invoice, or equipment rental receipt with the invoice. Parts and materials will be allowed a maximum of 10%markup, and the use of subcontractors will be allowed a maximum of 15%markup.No markup shall be permitted on ancillary charges,taxes,and freight/shipping. 6. SAFETY&SECURITY Health -Comply with Occupational Safety and Health Act(OSHA) and the National Institute for Occupational Safety and Health(NIOSH). Page 3 of 5 Exhibit A—Scope of Services Invitation to Bid (ITB) "Fire Safety Systems Repair, Maintenance & Replacement" Hazardous Material - Comply with Federal and State right-to-know laws if hazardous materials are used. Material Safety Data Sheets (MSDS) will be made available and provided to the County per the County Representative's direction. The Contractor is required to immediately report to the County Representative or designee any spillage or dumping of hazardous material on County property. The Contractor shall bear all costs associated with the cleanup of any such incidents. Security Policy - The Contractor shall comply with the Department's security guidelines on facility security policies, this may include additional policies and procedures for work to be performed at the Collier County Sherriff's Office. Violations of these rules could,at a minimum,result in termination of the awarded Contract. 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 always wear Collier County Government Identification badges 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 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@colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process,the Contractor is responsible for all costs. Issues - The Contractor shall immediately notify the appropriate County Representative upon discovery of any new or problematic issues. The Contractor shall not proceed with repairs or leave the system inoperable if an issue is discovered without written authorization by the appropriate County Representative. Barrier and Lights-During the progress of the work,the Contractor shall place and maintain, at all times, such barriers and lights that will effectively prevent accidents and keep personnel from entering the work area. Behavior and language by all Contractor employees shall be appropriate while working on County property. Contractor employees shall be prohibited from disturbing items in County offices, and from smoking in any County facility. Site access will be limited to required company vehicles and delivery vehicles only. Any parking at any of the County buildings or facilities is to be coordinated, in advance of starting work, with the County designee. Contractor parking shall not interfere with County personnel or public parking or pedestrian traffic. Violator's will be towed at owner's expense. Page 4 of 5 Exhibit A—Scope of Services CA`3; Invitation to Bid (ITB) "Fire Safety Systems Repair,Maintenance & Replacement" Personal Protective Equipment (PPE) - All personnel shall use proper PPE while work is being performed, must follow all applicable local, state, and federal requirements. Safety Issue Response - The County reserves the right to stop work for any safety concerns observed by any County employee. Housekeeping—The Contractor shall ensure conditions on the work site always reflect good housekeeping and safety practices. The Contractor shall be responsible for all trash and debris disposal from the work site 7. RECORDS AND DOCUMENTATION The Contractor(s) is responsible to maintain and update records for each type of equipment inspected. All reports shall be sent to the County Representative, or their designee, noting date, type, quantity, and location. Anytime the inventoried equipment changes through additions, deletions, relocation or transfer, the Contractor will modify its records to indicate such action and maintain an accurate equipment inventory. The County can update the minimum inventory requirements as needed,with notice to the contractor. Within five (5) business days of the service, the Contractor will provide a written deficiency report to the appropriate County Representative detailing the results of the services completed, and making specific recommendations for future remedial action,upgrades, etc. The Contractor(s) will maintain a service log at the site of each piece of equipment maintained, in accordance with FAC 69A and NFPA 72. The Contractor has full responsibility for the logbook and all data recorded therein. The Contractor(s)shall supply two completed copies of the service log and NFPA required reports (one physical copy to be left on site as requested,one provided electronically to the County Representative). No, additional charges will be allowed for maintaining the records and documentation required in this section including but not limited to maintaining the equipment inventory list,reports,etc. Page 5 of 5 Exhibit A—Scope of Services Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022 Ver.3 Invitation to Bid (ITB) #22-8034 "Fire Safety Systems Repair, Maintenance & Replacement" EXHIBIT B FEE SCHEDULE (Secondary Contractor) National Security Fire Alarm Systems, LLC Technician Services - Labor Hours Description Labor Rate** Service Technician(per hour) $ 135.00 Helper/Apprentice(per hour) $ 75.00 **The Contractor shall be paid at 1.5x straight hourly rate for requests outside normal business hours. _Percentage of Mark-Up for Actual Cost of Parts/Rental Equipment 10% Percentage of Mark-Up for Subcontractor 15% Page 1of1 Other Exhibit/Attachment Description: ❑ following this page (pages through ) n this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 ACGRD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) V 03/02/2023 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 Alan Finkelman NAME: The Egis Group PHONE (401)274-0303 FAX (401)273-2560 (A/C,No,Ext): (A/C,No): 120 Lavan St E-MAIL- SS: alanfinkelman@egisgroup.com INSURER(S)AFFORDING COVERAGE NAIC# Warwick RI 02888 INSURER A: Philadelphia Insurance Company 23850 INSURED INSURER B: Argonaut Insurance Company National Security Fire Alarm Systems LLC INSURER C: 13245 Tamiami Trail East INSURER D INSURER E: Naples FL 34114 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2210308535 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBIC POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000'000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 10,000 A Y PHPK2411349 05/07/2022 05/07/2023 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO 0000X POLICY JECT LOCPRODUCTS $ 2,0 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A N,/ OWNED SCHEDULED PHPK2411345 05/07/2022 05/07/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE PHUB813680 05/07/2022 05/07/2023 AGGREGATE $ 5,000,000 DED X RETENTION$ 10'000 $ WORKERS COMPENSATION X PER OTH PEATUTE ER AND EMPLOYERS'LIABILITY Y/N B ANY PROPRIETOR/PARTNER/EXECUTIVE NIA WC 928918433154 10/01/2022 10/01/2023 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:CONTRACT#22-8034 REGARDING THE ABOVE GENERAL LIABILITY POLICY,ADDITIONAL INSURED STATUS FOR COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IS PROVIDED ON A PRIMARY&NON-CONTRIBUTORY BASIS,SUBJECT TO THE TERMS&CONDITIONS OF FORM#'S PI-GLD-SG(01-14)&PI-SG010(02-09)ATTACHED AS REQUIRED BY WRITTEN&SIGNED CONTRACT 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 EAST AUTHORIZED REPRESENTATIVE NAPLES FL 34112 A C;:;#,41---_____ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD PI-OLD-SO(01/14) (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. d. Lessors of Leased Equipment—Automatic Status When Required in Lease Agreement With You—Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury,""property damage"or"personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. e. Grantors of Permits—Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies,cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction,erection, or removal of elevators, or 6�j (c) The ownership, maintenance, or use of any elevators covered by this insurance f. Blanket Additional Insureds by Contract—Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury,""property damage"or"personal and advertising injury"caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Page 4 of 10 ©2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-SG-010 (02/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Client(s) Type of Service Blanket where required by written contract _ Any/All Services Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Item 4. Other Insurance b. Excess Insurance is deleted as respects: 1. Any contract for security or investigative operations; or 2. Operations from the type of service listed for the client shown in the endorsement SCHEDULE. Page 1 of 1 ©2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission.