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Agenda 12/12/2023 Item #16C 1 (Award Bid to 360 Energy Solutions, LLC)16.C.1 12/ 12/2023 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") No. 23-8145, "Generator Rental Services" to 360 Energy Solutions, LLC, as Primary Vendor, United Rentals (North America), Inc., as Secondary Vendor, and Herc Rentals Inc., as Tertiary Vendor, and authorize the Chairman to sign the attached Agreements. OBJECTIVE: To obtain generator rental services for use by all County Divisions. CONSIDERATIONS: Multiple County divisions utilize generators of various manufactures, sizes, and horsepower in their daily operation. Backup generators are required in the event a permanent generator becomes inoperable or if a generator is required for short term use at a site not equipped with a permanent installation. On June 23, 2023, the Procurement Services Division released notice of ITB No. 23-8145, Generator Rental Services. The due date was extended for two weeks to allow staff to perform additional vendor outreach to promote competition. Three bids were received by the August 8, 2023, deadline. Respondents: Company Name City County State Bid Amount Responsive/ Responsible 360 Energy Solutions LLC Miami Miami -Dade FL $1,084,725.00 Y/Y United Rentals (North America), Inc. Lauderhill Broward FL $1,241,957.00 Y/Y Herc Rentals, Inc. I Bonita Springs I Lee I FL 1 $1,310,262.00 1 Y/Y Staff reviewed the bids received and found all bidders responsive and responsible, with minor irregularities. Staff clarified Bid Line Item #17, concerning a 50-foot 400-amp cable fee and hardwire pigtail, for all bidders as a monthly amount for bid evaluation purposes, which will be reduced for a rental period less than one month. As permitted by Procurement Ordinance 2017-08, as amended, Section 12: Reserved Rights, staff is recommending that it is in the County's best interest not to award Line Item #18, which concerns a 2,500-gallon skid mounted fuel tank and accessories including delivery set up, start up, tear down and initial fueling. Due to the range of sizes of generators required and the high demand that may be required in a storm event, staff is recommending award to a primary, secondary, and tertiary vendor. Staff is recommending awarding to 360 Energy Solutions, LLC, as the Primary Vendor, United Rentals (North America), Inc., as the Secondary Vendor and Herc Rentals Inc., as the Tertiary Vendor. Generator Maintenance Services are currently covered by multiple vendors under Agreement No. 18-7324, which expired on November 12, 2023. The proposed attached agreements have an effective date of November 13, 2023. 360 Energy Solutions, LLC, incorporated in Florida in 2013 and provides emergency generators for Miami -Dade County and Florida Keys Electric. United Rental (North America) Inc. is a nationwide company, registered to do business in Florida, and currently provides rental construction equipment to the County. Herc Rentals Inc. is registered to do business in Florida and is a nationwide company doing business for over 50 years. FISCAL IMPACT: The annual amount expended will be dependent on the number of generator rentals required by County Divisions. Historically, County Divisions have spent approximately $200,000 annually; however, this may not be indicative of future buying patterns. Funds are available within the Collier County Water -Sewer District Operating Fund (4008). Other County Divisions utilizing this contract will provide funding from their respective budgets. Packet Pg. 1714 16.C.1 12/ 12/2023 GROWTH MANAGEMENT IMPACT: There will be no growth management impacts associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award ITB No. 23-8145 Generator Rental Services to Energy Solutions LLC, United Rentals (North America), Inc. and Here Rentals Inc., as Primary, Secondary, and Tertiary vendors, respectively, and authorize the Chairman to sign the attached agreements. Prepared by: Pamela Libby, Water Distribution Manager, Public Utilities Department ATTACHMENT(S) 1.23-8145 Solicitation (PDF) 2.23-8145 Bid Tabulation (PDF) 3.23-8145 NORA pdf (PDF) 4. [Linked] 23-8145 United bid package (PDF) 5.23-8145 360 Energy Solutions bid package (PDF) 6. [Linked] 123-8145 Here Rentals Inc bid package (PDF) 7. [Linked] 23-8145 VendorSigned_United Rentals(PDF) 8. [Linked] 23-8145 Vendor Signed _Here Rentals (PDF) 9. [Linked] 23-8145_ Vendor Signed _360 EnergySolution (PDF) 10. 23-8145 COI_ Here Rentals (PDF) 11. 23-8145 COI_ United Rentals (PDF) 12. 23-8145 COI_United Rentals2 (PDF) 13. 23-8145 COI_360 Energy Solutions (PDF) Packet Pg. 1715 16.C.1 12/12/2023 COLLIER COUNTY {BoardName} Item Number: 16.C.1 Doe ID: 26691 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 23-8145, "Generator Rental Services" to 360 Energy Solutions, LLC, as Primary Vendor, United Rentals (North America), Inc., as Secondary Vendor, and Herc Rentals Inc., as Tertiary Vendor, and authorize the Chairman to sign the attached Agreements. Meeting Date: 12/12/2023 Prepared by: Title: Manager - Distribution — Water Name: Pamela Libby 11/07/2023 2:54 PM Submitted by: Title: Plant Manager — Water Name: Howard Brogdon 11/07/2023 2:54 PM Approved By: Review: Water Howard Brogdon Additional Reviewer Public Utilities Operations Support Katrina Lin Additional Reviewer Public Utilities Operations Support Joseph Bellone Additional Reviewer Public Utilities Department Mary Linhard Level 1 Department Review Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Community & Human Services Lisa Oien Additional Reviewer Grants Erica Robinson Level 2 Grants Review Procurement Services Sandra Herrera Procurement Director Review Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Scott Teach Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Grants Therese Stanley Additional Reviewer Corporate Compliance and Continuous Improvement Megan Gaillard Office of Management and Budget Laura Zautcke Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 11/08/2023 9:10 AM Completed 11/13/2023 10:01 AM Completed 11/13/2023 10:44 AM Completed 11/14/2023 11:01 AM Completed 11/16/2023 10:49 AM Completed 11/16/2023 1:53 PM Completed 11/17/2023 8:45 AM Completed 11/17/2023 11:22 AM Completed 11/17/2023 11:38 AM Completed 11/17/2023 2:50 PM Completed 11/17/2023 2:57 PM Completed 11/17/2023 3:44 PM Completed 11/17/2023 11:46 PM Additional Reviewer Completed 11/19/2023 7:24 AM Completed 11/29/2023 3:32 PM Completed 11/30/2023 2:29 PM 12/12/2023 9:00 AM Packet Pg. 1716 16.C.1.a Coi[.ier Count y Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR GENERATOR RENTAL SERVICES SOLICITATION NO.: 23-8145 LISA OIEN, PROCUREMENT STRATEGIST N PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8935 Lisa.Oien@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 1717 16.C.1.a SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 23-8145 PROJECT TITLE: Generator Rental Services DUE DATE: July 25, 2023, at 3:00 PM, EST PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsyne.com/bidsyne-cas/ INTRODUCTION As requested by the Public Utilities Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $200,000 annually; however, this may not be indicative of future buying patterns. BACKGROUND. Multiple County Divisions use generators of various manufacturers, sizes, and horsepower in their daily operations. Divisions utilize contracted services to provide rental generators to ensure continued operation, address future growth, and increase asset lifespan. The rentals are required to provisionally replace existing equipment that is not functioning, renovations of facilities, special events, and times declared a State of Emergency requiring a generator for short or long-term use. This coordinated contract will enable the County Divisions to utilize this service efficiently. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) year with one two (2) year renewal option. All prices will remain firm for the duration of the contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows: ➢ The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. ➢ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price, lowest discount, or criteria established in the solicitation as outlined below: c 0 M .r .2 0 u� T op 1 M N w c m E t 0 M Q Packet Pg. 1718 16.C.1.a • Lowest Total Bid ➢ Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • Award Primary and Secondary ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. DETAILED SCOPE OF WORK 1. GENERAL REQUIREMENTS 1.1. Rental services shall include all equipment, labor, materials, supplies, including support accessories, transportation, delivery to County designated location, pickup and removal. 1.2. Rental rates will include, daily, weekly, and monthly rental periods. No additional fees shall be charged to the County for run hours added to the generator during the normal rental period. 1.3. The generators shall be delivered and, if requested by the Division Representative or designee, installed (setup) and tested (startup) upon delivery, any setup and startup fee will include disconnection (teardown) upon rental period expiration. The setup and startup shall be a one-time fee per generator per rental period requested and shall be added as a separate invoice line item. 1.4. Any additional fifty (50) feet of cable(s) and hardwire pigtail(s) shall be added as a separate invoiced line item upon request by the Division Representative or designee. This shall be a one-time fee per generator per rental period requested. 1.5. An additional 2,500-gallon skid mounted fuel tank including initial fueling shall be delivered upon request and, if requested by the Division Representative or designee, installed (set-up) and tested (startup) upon delivery and disconnected (teardown) upon rental period expiration. 1.6. The awarded Contractor shall ensure the delivered generators remain operational while on the County's property by performing periodic startup and full systems check at least monthly (where applicable) to be coordinated with the Division Representative or designee. 1.7. Contractor shall be responsible for providing equipment maintenance, repairs, and on -site technical support as needed. 1.8. The Contractor shall perform a joint inspection with the Division Representative or designee upon completion of all work, unless waived by the Division Representative or designee prior to submitting the final invoice. 1.9. The Contractor will provide a Hurricane Response Plan upon award of the contract. Updates to the plan must be c submitted by May 111 annually. The Hurricane Response Plan at a minimum should update the number of generators the Contractor has available and the method of distribution in the event of a storm, the number and location of staff .. to provide generators, and alternative locations that Contractor will receive assistance from in the event the location CD closest to Collier County suffers damage. m N 2. ASSIGNMENT OF WORK r_ 0 2.1. The Contractor shall provide a company contact name, phone number and email address for all requests. The Contractor M shall be available twenty-four (24) hours per day, 365 days per year, in the event of an urgent request. 2 0 W 2.2. The Contractor shall be provided requests and instructions for supply and delivery of generators by the Division tn Representative or designee on an as -needed basis by means of a telephone call or email, and a Purchase Order (PO) will be T_ issued. op N 2.3. No generators shall be delivered until the Contractor is in receipt of a Purchase Order (PO) from the Division Representative c or designee. E z 0 3. RESPONSE TIMES M Q 3.1. Normal Service Requests Packet Pg. 1719 16.C.1.a • Contractor shall acknowledge a normal service request either verbally or email within one (1) day from the time the Division Representative or designee issues the request. • After receipt of order from the Division Representative or designee, the Contractor shall deliver and, if requested, setup and startup the requested generator(s) and cable(s) and hardwire pigtails within two (2) business days. • Any need for extension of time shall be approved either verbally or via email by the Division Representative or designee. 3.2. Urgent Service Requests Contractor shall acknowledge an urgent service request either verbally or via email within one (1) hour of the request being sent by the Division Representative or designee. Contractor shall deliver and, if requested, setup and startup the requested generator(s) and cable(s) within two (2) hours after receipt of order from the Division Representative or designee, unless the Division Representative or designee agrees to a different arrival time. A response time exceeding the two (2) hours must be approved by the Division Representative or designee. The Contractor shall invoice urgent service requests accordingly at the daily, weekly, or monthly generator rate plus an urgent service delivery charge as listed on the bid schedule. The urgent delivery charge can only be invoiced once per service request. 3.3. The Division Representative or designee reserves the right to cancel an order and place the order with another Contractor without cost or obligation to the County if the order's response/delivery time is not met within the preapprove County timeframe. 3.4. In cases of a forecasted natural disasters or declared emergency event, the County will provide the Contractor with a list of generators that they anticipate being needed for the event. The intention of the list is to prepare the Contractor ahead of time regarding the specific equipment needs that may arise. The County will keep in contact with the Contractor as to the status of the need for the equipment. 3.5. If equipment cannot be provided locally, the Contractor is expected to bring in equipment from another location or through a subcontractor to meet the needs of the County during a natural disaster or declared emergency event. Subcontractor charges may be invoiced at cost plus 15% markup. 3.6. For any rental request during a natural disaster or declared emergency event the Contractor may invoice for any additional freight charges that apply for any out of area delivery. The Contractor must provide copies of receipts for applicable additional freight charges, within the itemized invoice. 3.7. For any rental requested by the Division Representative or designee during a declared natural disaster or emergency event the Contractor may charge 1.5 times the established rates (rate x 1.5 = emergency rate). The County reserves the right to request services from Contractors outside of the awarded contract, during a declared local natural disaster or emergency even until the rental is no longer required. 3.8. 4. DELIVERY 4.1. The Contractor shall coordinate delivery with the Division Representative or designee so there is minimal to no interruption m to daily work at any location. N .4 4.2. It is the County's intent that all deliveries for normal requests be provided during normal business hours, defined as Monday c through Friday 7:00 a.m. - 5:00 p.m., except for County observed Holidays. Delivery requests made outside of normal business hours shall be pre -arranged and approved by the Division Representative or designee. There shall be no additional billable costs for deliveries on normal service requests provided outside of normal business hours. o W 4.3. Some County sites may be unmanned at time of delivery. The Contractor shall confirm with the Division Representative or 14 designee on arranging delivery services to these sites. M N 4.4. The rental generators and any additional tanks shall be delivered with a full tank of fuel or fueled by the Contractor upon 4.; delivery. The County will be responsible for adding fuel as needed during the rental period. Charges for the Contractor m supplied fuel that is used by the County and not replenished prior to Contractor picking the unit back up after the rental z period shall be invoiced to the County at current fuel cost. Fuel receipts shall be provided with the invoice. 0 Z Q 4.5. The Contractor warrants that upon delivery, the equipment rented hereunder shall be in good working condition. If the equipment is not in good working condition upon delivery, the Contractor shall promptly repair or replace the equipment at its sole expense. If the equipment requires repair or replacement during the rental period, the Contractor shall promptly repair Packet Pg. 1720 16.C.1.a or replace the equipment at its sole cost and expense; however, if the repair or replacement is due to the County's abuse, misuse, or neglect, the County shall be responsible for the cost of such repair or replacement. 5. SAFETY 5.1. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), the National Institute of Occupational Safety Hazards (NIOSH), the American National Standards Institute (ANSI), the National Fire Protection Association (NFPA), the Crane Manufacturers Association of America, Inc. (CMAA), National Electric Code (NEC), American Society of Mechanical Engineers (ASME), and other State and County rules and regulations while performing work under the resultant Contract. 5.2. Appropriate barricades and signs shall be provided and utilized by the awarded Contractor when work is performed in areas traversed by persons, or when deemed necessary by the County. 5.3. The Contractor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury to any persons within and around the work site. 5.4. The Contractor shall be responsible for any damage to County or personal property due to negligence on the part of the Contractor or their employees. Restorations shall be made to the County's satisfaction. 5.5. Hazardous conditions shall be immediately reported to the County. 5.6. 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. 5.7 The Contractor(s) 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. 5.8 All the 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(s) 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. 5.9 Collier County Sheriff's Office 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(s) is responsible for all costs. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** Packet Pg. 1721 16.C.1.b Project Manager: Pamela Libby Proeurement Strategist: Lisa Oien The quantities listed in the bid tabulation are approaimat. and are for the purpose of bid evaluation. The County reserves the right to order any quantity during any period but does not guarantee any minimum or maaimum. During a declared natural disaster or emergency event the Contractor may charge 1.5 times the established rates (rate g 1.5 = emergency rate) Generator Rental Rates hem No. Generator Site or,,ffi,i,nt powertoacwmmadate Quantity 1 10-50M 10 2 51-99M 50 3 100-150 RW 30 4 151-199 RW 20 5 200-249 RW 10 6 250-400 RW 5 ] 401-499 RW 1 8 500-749 RW 1 9 ]50-]99M 1 10 800-999M 1 11 1000 -1249 WIN 1 12 1250 -1499 WIN 1 13 1500 -1]49 RW 1 14 1750 - 2" RW 1 Generator Rental Rates $ubb tal Additional Fees (only upon request by the County above providing of generator.) ttem No. Description City 17 Cable Fee (400 amp) 50' each and Hardwire Pigtail 25 us 2,500 gallon skid mounted fuel tank and accessories to be delivered for the rental period- set up, start up, initial fueling and teard-n included 3 19 ntxceed $500.00 Urgent Service Oellvery Charge - a- (not applicable to Natural disasters or declared emergency events - Sections 3.5-3.8) 10 - Generator Startup and Setup Fee only If requested Notices Issued:: 1,523 Packages Viewed: 34 Submittals: 3 Bid Tabulation ITB 23-8145 Generator Rental Services 360 Energy Solutions LLC United Rentals (North America), Inc. Herc Rentals, Inc. Daily Rate Weekly Rate Monthly Rate Generator Stoup and Startup Fee' Total Daily Rate Weekly Rate Monthly Rate Generetor Setup and Startup Fee' Total Daily Rate Weekly Rate Monthly Rate Generetor setup and Startup Fee' Total $ 302.50 $ 1,200.00 $ 2,500.00 $ 1,500.00 $ 55,025.00 $ 385.00 $ 1,060.00 $ 2,445.00 $ 1,500.00 $ 53,900.00 $ 782.00 $ 1,271.00 $ 2,693.00 $ 600.00 $ 53,460.00 $ 425.00 $ 1,400.00 $ 2,800.00 $ 1,500.00 $ 306,250.00 $ 549.00 $ 1,101.00 $ 3,301.00 $ 1,500.00 $ 322,550.00 $ 900.00 $ 1,658.00 $ 3,900.00 $ 600.00 $ 352,900.00 $ 525.00 $ 1,700.00 $ 3,300.00 $ 1,500.00 $ 210,750.00 $ 718.00 $ 1,407.00 $ 4,185.00 $ 1,500.00 $ 234,300.00 $ 900.00 $ 1,658.00 $ 3,900.00 $ 600.00 $ 211,740.00 $ 650.00 $ 1,950.00 $ 3,850.00 $ 1,500.00 $ 159,000.00 $ 721.00 $ 1,448.00 $ 4,597.03 $ 1,500.00 $ 165,320.00 $ 1,124.00 $ 2,359.00 $ 4,648.00 $ 600.00 $ 174,620.00 $ 1,200.00 $ 2,200.00 $ 4,250.00 $ 1,500.00 $ 91,500.00 $ 1,075.00 $ 2,150.00 $ 6,450.00 $ 1,500.00 $ 111,750.00 $ 1,456.00 $ 2,714.00 $ 6,028.00 $ 600.00 $ 107,980.00 $ 11400.00 $ 2,400.00 $ 4,500.00 $ 1,800.00 $ 50,500.00 $ 1,290.00 $ 2,58D00 $ ],]40.00 $ 11800.00 $ 67,050.00 $ 1,578.00 $ 3,295.00 $ 7,063.00 $ 600.00 $ 62,680.00 $ 1,550.00 $ 2,600.00 $ 4,750.00 $ 1,500.00 $ 10,400.00 $ 1,420.00 $ 2,]]8.00 $ 8,266.00 $ 1,800.00 $ 14,264.00 00 $ 7,695.00 $ 20,000.00 $ 600.00 $ 31,402.00 $ 1,650.00 $ 2,800.00 $ 7,500.00 $ 1,800.00 $ 13,750.00 $ 2,825.00 $ 5,650.00 $ 36,949.00 $ 2,200.00 $ 27,624.00 00 $ 7,695.00 $ 20,000.00 $ 600.00 $ 31,402.00 $ 1,950.00 $ 3,100.00 $ 9,800.00 $ 1,800.00 $ 36,650.00 $ 2,825.00 $ 5,650.00 $ 16,949.00 $ 2,200.00 $ 2],624.00 00 $ 7,173.00 $ 20,3]4.00 $ 6[)D00 $ 31,205.00 $ 2,300.00 $ 3,800.00 $ 10,200.00 $ 1,800.00 $ 18,IOOAO $ 2,825.00 $ 5,650.00 $ 36,949.00 $ 2,200.00 $ 27,624.00 00 $ 7,173.00 $ 20,374.00 $ 600.00 $ 31,205.00 $ 2,600.00 $ 4,200.00 $ 13,500.00 $ 1,800.00 $ 22,100.00 $ 3,951.00 $ 7,901.00 $ 23,650.00 $ 2,200.00 $ 3],]02.00 00 M5,576W $ 12,165.00 $ 33,450.00 $ 600.00 $ 50,765.00 $ 2,800.00 $ 6,500.00 $ 16,500.00 $ 1,800.00 $ 27,600.00 $ 4,300.00 $ 8,600.00 $ 25,800.00 $ 2,200.00 $ 10,900.00 00 $ 12,165.00 $ 33,450.00 $ 600.00 $ 50,765.00 $ 3,500.00 $ 7,000.00 $ 24,000.00 $ 1,800.00 $ 36,300.00 $ 4,300.00 $ 8,600.00 $ 25,800.00 $ 2,200.00 $ 40,900.00 00 $ 12,165.00 $ 33,450.00 $ 600.00 $ 50,165.00 $ 4,500.00 $ 8,000.00 $ 28,500.00 $ 1,800.00 $ 42,800.00 $ 5,]35.00 $ 11,470.00 $ 34,400.00 $ 2,200.00 $ 53,805.00 0 $ 14,639.00 $ 37,883.00 $ 600.00 $ 58,698.00 Generator Rental Rates Subtotal $ 1,060,725.00 ""Generator Rental Rates Subtotal $ 1,225,313.00 Generator Rental Rates Sub total $ 1,299,587.00 '-Formula errors for total Column turreted Additional Fees (only upon request by the County above provlding of generator.) Additional Fees (only upon request by the County above providing of generator.) Additional Fees (only upon request by the County above prevlding of generator.) Rate Total Rate Total Rate Total $ 60.00 Monthly, less than monthly to be reduced $ 1,500.00 $ 145.00 Monthly, less than monthly to be reduced $ 3,625.00 $ 22T.00 Monthly, less than monthly to be reduced $ 5,6]5.00 $ 6,500.00 ""` � � ••___ $ 29,-.SBA $ 2,,673.00 PlentMy!$2,673 It 8,919m -N.Sd- 300 $ 3,000.00 $ 500.00 $ 5,000.00 $ 500.00 $ 5,000.00 Alditionalfees S.Itttall $ 24,000.00 Additional fees Subtotal $ 16,644.00 Additional fees Subtotal $ 10,675.00 Total Bid $ 1,865,225.GO Total Bid S 1,233,938.to Total BM $ 1,318,262 W REQUIRED FORMS AND DOCUMENTS(Yes/No) 360 Energy Solutions LLC United Rentals (North America), Inc. Herc Rentals, Inc. Bid Xhedule Yes Yes Yes Form l: VeMor Declaration Suterrent yes yes Yes Form 2: C.ain oflvteren Cmificate Affidavit Yes Yes Yes Form 3Affidavit Cerdficadov V. Yes Vas Form 4: Refreace Questiotmeue - Not Applicable •Yw *Yes Yes Form 5: Grant Fottm (4) •Yw *Yes Yea Ivswavice Requimmevcs Yea Yes Yea E-Verify •Yes Yes Yes saakm Page Yes Yes Yes Vendor 19 Yes Yes Yes e udum#1 Y. Yes 'Yes r N Packet Pg. 1722 DocuSign Envelope ID: A30C4426-B032-480E-B356-4C5F9DD45D8E �-- 16.C.1.c C;0 er Count y Procurement Services Division a� Notice of Recommended Award Solicitation: 23-8145 Title: Generator Rental Services Due Date and Time: August 8, 2023, at 3:00 PM EST Respondents: Company Name City County State Bid Amount Responsive/Responsible 360 Energy Solutions LLC Miami Miami -Dade FL $1,065225.00 Y/Y United Rentals (North America), Inc. Lauderhill Broward FL $1,233,938.00 Y/Y Herc Rentals, Inc. Bonita Springs Lee FL $1,310,262.00 Y/Y Utilized Local Vendor Preference: Yes 0 No - Recommended Vendors for Award: On June 23, 2023, the Procurement Services Division released notices of Invitation to Bid No. 23-8145, Generator Rental Services, to one thousand five hundred twenty-three vendors (1,523). Thirty-four (34) bid packages were viewed. The due date was extended for an additional two (2) weeks. Staff performed additional vendor outreach to promote competition, and three (3) bids were received by the August 8, 2023, deadline. Staff reviewed the bids received. All bidders were deemed responsive and responsible with minor irregularities. Staff clarified Bid Line Item #17 for all bidders is a monthly amount for bid evaluation purposes, which will be reduced for a rental period less than one month, to be incorporated into the resultant contract for each bidder. Pursuant to Procurement Ordinance 2017-08 Section 12: Reserved Rights, staff has determined that it is in the County's best interest not to award Line Item #18. Staff recommends contracts be awarded to a Primary, Secondary and Tertiary vendors as noted below: Primary — 360 Energy Solutions LLC Secondary — United Rentals (North America), Inc. Tertiary —Herc Rentals, Inc. Contract Driven = Purchase Order Driven 0 Required Signatures DocuSigned by: dd -- Project Manager: hwa4 fV'b�D hVI 9/1/2023 Procurement Strategist: I C-� Lxm 9/1/2023 Procurement Services Director: FDocuSigned by: Hk 9/1/2023 aDate r rn co m N Packet Pg. 1723 16.C.1.e Bid Schedule ITB 23-8145 Generator Rental Services The quantities listed in the bid schedule are approximate and are for the purpose of bid evaluation. The County reserves the right to order any quantity during any period but does not guarantee any minimum or maximum. During a declared natural disaster or emergency event the Contractor may charge 1.5 times the established rates (rate x 1.5 = emergency rate) Generator Rental Rates/ 360* Energy Solutions LLC Item Generator Size or sufficient power to Generator Setup and No. accommodate Quantity Daily Rate Weekly Rate Monthly Startup Fee* Total Rate 1 10 - 50 KW 10 $ 302.50 $ 1,200.00 $ 2,500.00 $ 1,500.00 $ 55,025.00 2 51- 99 KW 50 $ 425.00 $ 1,400.00 $ 2,800.00 $ 1,500.00 $ 306,250.00 3 100 - 150 KW 30 $ 525.00 $ 1,700.00 $ 3,300.00 $ 1,500.00 $ 210,750.00 4 151- 199 KW 20 $ 650.00 $ 1,950.00 $ 3,850.00 $ 1,500.00 $ 159,000.00 5 200 - 249 KW 10 $ 1,200.00 $ 2,200.00 $ 4,250.00 $ 1,500.00 $ 91,500.00 6 250 - 400 KW 5 $ 1,400.00 $ 2,400.00 $ 4,500.00 $ 1,800.00 $ 50,500.00 7 401- 499 KW 1 $ 1,550.00 $ 2,600.00 $ 4,750.00 $ 1,500.00 $ 10,400.00 8 500 - 749 KW 1 $ 1,650.00 $ 2,800.00 $ 7,500.00 $ 1,800.00 $ 13,750.00 9 750 - 799 KW 1 $ 1,950.00 $ 3,100.00 $ 9,800.00 $ 1,800.00 $ 16,650.00 10 800 - 999 KW 1 $ 2,300.00 $ 3,800.00 $ 10,200.00 $ 1,800.00 $ 18,100.00 11 1000 - 1249 KW 1 $ 2,600.00 $ 4,200.00 $ 13,500.00 $ 1,800.00 $ 22,100.00 12 1250 - 1499 KW 1 $ 2,800.00 $ 6,500.00 $ 16,500.00 $ 1,800.00 $ 27,600.00 13 1500 - 1749 KW 1 $ 3,500.00 $ 7,000.00 $ 24,000.00 $ 1,800.00 $ 36,300.00 14 1750 - 2000 KW 1 $ 4,500.00 $ 8,000.00 $ 28,500.00 $ 1,800.00 $ 42,800.00 $ 1,060,725.00 Generator Rental Rates Subtotal Additional Fees (only upon request by the County above providing of generator.) Item Description Qty Rate Total No. 17 Cable Fee (400 amp) 50' each and 60 25.00 ea week $ 1,500.00 Hardwire Pigtail 25 60.00 ea month 2,500 gallon skid mounted fuel tank and 18 accessories to be delivered for the rental 6500 Fuel is additional at $ 19,500.00 period- set up, start up, initial fueling and 3 time of request. teardown included Urgent Service Delivery Charge - not to Exceed $500.00 19 (not applicable to Natural disasters or 10 300 $ 3,000.00 declared emergency events - Sections 3.5- 3.8) Additional fees $ 24,000.00 Subtotal Total Bid $ 1,084,725.00 * Generator Startup and Setup Fee only if requested O to to N d as R Y V tts Z to C O 7 O CO L N C W O to M O M N C d E M V M r Q Packet Pg. 1724 16.C.1.e Co ier C014nty L O Procurement Services Division M Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. General Bid Instructions has been acknowledged and accepted. Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz should be attached with Your submittal. Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Form 4: Reference Questionnaire form must be utilized for each requested reference and included with your submittal, if applicable to the solicitation. Form 5: Grant Provisions and Assurances package in its entire , if applicable, are executed and should be included with 0 your submittal. Vendor W-9 Form. to to Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. 0 The Bid Schedule has been completed and attached with your submittal, applicable to bids. � Copies of all requested licenses and/or certifications to complete the requirements of the project. All addenda have been signed and attached. 0,"-' County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. 0 Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. Packet Pg. 1725 16.C.1.e Co Ter Covunty L m 0 Procurement Services Division 59 Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specificationslscope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 1-y""I day of 'k , 20,Vin the County of %& , in the State of ' l Firm's Legal Name: Address: City, State, Zip Code Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email Signature by: (Typed and written) Title: 360 Energy Solutions LLC T CD 7650 NW 50`" Street to Miami, FL 33166 0 Tax id- 46-2459351 f° a c 0 Cage — 718Q3 0 0 748-348-2156 Tony Noag360energysolutions.net President Packet Pg. 1726 16.C.1.e Additional Contact Information Send payments to: 3 (v p' E'i} e,-a t' S) id �L L C (required if different from Company name used-as(payee above) Contact name: �NN� �.4Sf> 9,4 Title: Car, frb))41- Address: 'I (I SIB 011W sb -� r City, State, ZIP _ r L. 3 3 / (p Telephone: `AW Email: AwM e , /ASAAk e N erg ust) /r A)e, — Office servicing Collier County to place orders (required if different from above) ��— Contact name: 'To Iv.4 L20A Title: pms.�4 e.p.4 Address: '� (� SD N iJ 5-0 S f- m E City, State, ZIP fh,%}�„��i FL• �� E 0 Telephone: '7 3 YB Z 1 Sla 64, 365- 7S q -3 M 1 Email: ^�oro� 11"A co m to N Packet Pg. 1727 16.C.1.e Co -per County L Procurement Services Division M Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The fmn has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge c and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, d or otherwise) which relates to the project identified above has been fully disclosed and does not ose an organizatio al xf[i t300 �C0 to Company Name L N , Signature Print Name and Title 2- State of 80, County of tiArdl D2�9- The foregoing instrument was acknowledged before mQ by means of Xphysical presence or ❑ o ' 'zation, this day of Aua� (month), 90a-`3 (year), by (n e o rson acknowled ing). tgnature orMotary Public) Ott REZ 4i, (Print, Type ssio%d Name of Notary Public) Personally Known OR Produced Identification �Q�A+'•, ♦c S f� o� � he «u i%iI10iR)rl �� Type of Identific tion Produced* '.t1_ Packet Pg. 1728 16.C.1.e co ieY county L O Procurement Services Division M Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (littps:llwww.e-verify.gov/}, at the time of the submission of the Vendor's proposalibid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. .J D jcyqyqq Company Name Sig"ature Print Name and Title State of Ron& Countyof H(QHI DA The foregom instrument was acknowledged befor mgg by means o physical presence or ❑ online of ( (month), �,�(year), by f't1iCDA I I Personally Known OR Produced Identificatior qlbo a0- I I kA �M k1 Type of Identific ion Produced day person atthrTh4ftnIry Public) (Print, Type, or Stamp Commissioned Name of Notary Public) `,`1j141tt111!►�t 1,, � e �f/ ' 14. PO?� fi ; * = E r yx p -:°yam Packet Pg. 1729 16.C.1.e DIVISION OF CORRM- � �I'iL"t�ar; lj rg ?r 11 ft- impartment Qf Stale 1 Division of CorporaVons 1 Search RecQrra 1 Search by Entity Name ! Detail by Entity Name Florida Limited Liability Company 360 ENERGY SOLUTIONS LLC Fi Ing Information Document Number L19000078644 FEI/EIN Number 46-2459351 Date Filed 03/15/2019 Effective Date 04102/2013 State FL Status ACTIVE Last Event CONVERSION Event Date Filed 03/15/2019 Event Effective Date NONE Princip I dr s 7650 NW 50th Street Miami, FL 33166 Changed: 03/30/2020 Malling Ad res 7650 NW 50th Street Miami, FL 33166 Changed: 03/30/2020 ftgistered gent Name A Add NOA, ANTONIO 7650 NW 50th Street Miami, FL 33166 Address Changed. 03/30/2020 Authorized Person(E) Detail Name & Address Title MGR Noa, Antonio 7650 NW 50th Street Miami, FL 33166 Packet Pg. 1730 Title Engineering Manager 16.C.1.e Lizazzo, Nelson 7650 NW 50th Street Miami, FL 33166 Annual Reports Report Year Filed Date 2021 04/12/2021 2022 04/30/2022 2023 01/24/2023 Document Imagg;r 01 /24/2023 —ANNUAL REPORT 04130/2022 — ANNUAL REPORT 0411212021 —ANNUAL REPORT 0612612020 —AMENDED ANNUAL REPORT 03130/2020 --ANNUAL REPORT G31l5/221 -- Figri a bm'rted Liability View image in PDF format View image in PDF format I View image in PDF format View Image in PDF format View image in PDF format View image in PDF format Packet Pg. 1731 Client#: 1925010 132360ENE I 16.C.1.e OATF (MMMMYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 18/04/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: T Lauren Mayer McGriff Insurance Services LLC l PHONE g54-389-1289 F IX 666 861-5271 l fAti No a,,: (Arc, Noi: 12751 New Brittany Blvd E-MAIL ADDRESS: Lauren.mayer@mcgriff.com riff.com g Suite 201 INSURERI AFFOROINC COVERAGE NI Fort Myers, FL 33907 INsuRERA Hartford Fire Insurance company 19682 INSURED 360 Energy Solutions LLC 7650 NW 50th Street Miami. FL 33166 INSURERS: Twin City Fire Insurance Company 29459 INSURER C : Insurance Company of the West 27847 r INSURER 0 : Liberty Mutual Insurance Company 23043 INSURER E: National Specialty Insurance Company 22608 INSURER F : Weschester Surplus Lines Insurance Co 10172 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. LTRR TYPE OF INSURANCE INSRL y VD POLICY NUMBER QhI EFF POLICY EXP LIMITS I11CURREII 00a 000 A X COMMERCIAL GENERAL LIABILITY Y 21 CESOF7826 4129/2023 0412912024 EACH OEC 77 CLAIMS -MADE 7X OCCUR s300 000 pGT PREMISES Ear. ,Re X MEG EXP (Any one personi BI/PD Dad:10000 $10 000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL. AGGREGATE s2,000,000 ATC LOC POLICY � JJECOT PRODUCTS - COMPIOPAGG s2,000,000 $ OTHER. 4/29/2023 04129/202 E AUTOMOBILE LIABILITY GM1039601 EO ae tlaO51NGLE LIMIT 1,000,000 BODILY INJURY (Per person) ANY AUTO $ BODILY INJURY (Per accident) S $ OWNED SCHEDULED AUTOS ONLY X AUTOS X HIRED ONLY X NON -OWNED AUTOS AUTOS ONLY PROPERTY DAMAGE Per accdent COMPICOLL $DED $1000 X LIM $100K X MedPay $5K I UMBRELLA LIAR X OCCUR 4/29/2023 04/29/2024 EACH OCCURRENCE $5 000 000 B 21XSON1768 XEXCESS AGGREGATE $5 00D 000 ICLAIMS-11i ❑ED I RETENTIONS $ c WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? NJ (Mandatory in NM N I A WF1.504807804 5/01/2023 05/01/202 X PER 01 $1000 000 S1 000,000 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE Ifyes describe under DESCRIPTION OF OPERATIONS below E.L. DkSEASE- POLICY LIMIT S1,000,000 D Ocean Marine NYOMC1104960 4/2912023 0412912021 see descriptions F (Pollution Liab G71806790004 4/29/2023 041291202 1,000.000 AGG Ded 5,000 I DESCRIPTION OF OPERATIONS i LOCAPONS I VEHICLES IACORD 101. Additional Remarks Schedule. may be attached if mare space is requlredi Collier County Board of County Commissioners as additional insured for general liability when required by a written contract. CONTRACTORS EQUIPMENT - PER OCCURENCE LIMIT - $40.250; LEAS EDIRENTEDIBORROWED EQUIPMENT LIMIT $100,000; DEDUCTIBLE $1,000 -except $5000 for CraneslAsphalt Batch Plant Equipment; COINSURANCE -NIL. (See Attached Descriptions) Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 Of 2 The ACORD name and logo are registered marks of ACORD #S326882211M32455642 ALYA Packet Pg. 1732 16.C.1.e DESCRIPTIONS (Continued from Page 1) Ocean Cargolwarehouse inventory - named warehouse $4,000,000 DED $5000;unnamed warehouse $100,000 Ded $5000. SAGITTA 25.3 (2016/03) 2 of 2 #S326882211M32455642 Packet Pg. 1733 16.C.1.e Form Request for Taxpayer Give Form to the (Aeu. October 2018) Identification Number and Certification requester. Do not rnal Rs Dep :,JnentoftheTreasury send to the IRS. Inte'anus Service ► Go to v.,wwJrs.gov/FormW9 for Instructions and the fatest information. 1 Name (as shown on your Income tax return). Name Is r6quired on this Ilric do not leave this lire bank. 360 ENERGY SOLUTIONS LLC 2 Bus'ness named€sregarded entity name, If dItferent from above 3 Check appropriate box ter federal tax c4saifleation of the person whose name is entered on Me 1, Check only one of the 4 Exam (codes apply only to following seven boxes, certain entitles, not Individuals; aes Instructors on page 3): p ❑ Individuai/sole proprietor or ❑ C Corporation ❑ S Corporation C Partnership ❑ Trustlestate single-membor LLC Exempt payee code (If any) 0 � +❑ Limited Ilabltiry company. Erttsr the tax classification (C=C corporation, 6=5 corporation, P=Partnership) ► P o Note: Check tine appropriate box In the line above for the tax classification of the single-merraer owner. Do not check Exemption from FATCA raparti LLC If the LLC Is clssalflod as a singis-merrber LLC trial la disregarded from the owner unless the owner cf the LLC Is code (f any) another LLC chat is not disregarded from the owrker for U.S. federal tax purposes, Otherwise, a single-membar LLC that Is disregarded from the owner should check the appropriate box for the tax clasaif[ciii of Its owner. ❑ Other (see instructions) ► rA 7wtoaccovnrsne6hwd0urdtle1Wu,s.. 6 Address (number, street, and apt, or suite no.) See Instructions. Raqusster's name and address (optional) 7650 NW 50TH ST 6 City, state, and ZIP code MIAMI, FL 33166-4700 7 List account number(s) here (optional; Tax a er Identification Number IN Enter your TIN !n the aooroorlate box. The TIN provided must match the name given on fine 1 to avoId Social security number backup withholding. For individuals, this Is generally your social security number (SSN), However, for a resident alien, sole proprietor, or disregarded enttty, see the instructions for Part 1, later. For other entities, It Is your employer Identification number (E1N). If you do not have a number, see Now to get a M, later, or Nate: If the account Is In more than one name, see the instructions for line 1. Also see li Name and Employer Identification number Number To Give the Requester for guidelines on whose number to enter, 4 6 — 2 1 4 15 1 9 1 3 1 5 1 1 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer 4dentification number (or I am waiting for a number to be issued to may and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of afailure to report all interest or dividends, or (c) the IRS has notified me that I am no longer svbiect to backup withholding; and S. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA =clo(s) entered on tnis form Of any) Indicating that I am exempt from FATCA reporting Is correct. Corihloation Instructions. You must cross out item 2 above If you have been notified by tale IRS that you are currently subject to backup withholding because you have failed to report all r l: dlvidends on your tax return. =or reai estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonrnen f aroperty, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and goneral[y, payments other than interest and d) d ds, u e not required to sign the certification, but you must provide your correct TIN, See the instructions for Part 11, later. Sign 1 Signature f D[_ L 0 2 Here 1 U.S. n Il� L\vs/�rjJ/�J/I+ Date► j _ 1 General Insh- ctions • Form 1099-DIV (dividends, Including those from stocks or mutual runds) Sect on references are to the Internal Revenue Code unless ethenuise . Form 1099-MISO (various types of Income, prizes, awards, or gross noted. proceeds) Future developments. For the latest Information about developments a Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its Instructions, sucri as legislation enacted transactions by brokers) after they were published, go to www.irs.gov/FormW9. • Form 1099-S (proceeds from reef estate transactions) Purpose of Form • Form 1099-K (merchant card and third party network transactions) An Individual or entity (Form W-9 requester) who Is required to fiie an • Form 1098 (home mortgage interest), 1098-E (student loan interest), information return with the MS must obtair your correct taxpayer 1098-T (tulticn) Identification number (TIN) which may be your social security nun. bar . Form 1099-C (ca celed debt) (SSN), ind'vldual taxpayer Identificatlan number (ITIN), adoption . Form 1099-A (acquisition or abandonment of secured property) taxpayer Identification number (ATIN), or employer Identification number (El NJ, to report on an information return the amount paid to you, or other Use Form W-0 only If you are a U,S, person (Including a resident amount reportable on an Information return. Examples of Information alien), to provide your corroot TIN. returns include, but are not ilmlted to, the following. ffyou do not retum Form W-9 to the requester with a TIN, you mlghi • Form 109g-INT pnterest earned or paid) be subject to backup wfthholding. See What Is backup withhoiding, later. Cat. No. 10231 X Form W-9 (Rev.10-2418) Packet Pg. 1734 16.C.1.e Collier Count Procurement Services Division Date: 7/25/2023 Email: lisa.oien@colliercountyfl.gov Telephone: (239) 252-8375 Addendum #1 From: Lisa Oien, Procurement Strategist To: Interested Bidders Subject: Addendum #1 23-8145 Generator Rental Services The following clarifications are issued as an addendum: Change 1: Bid Due Date extended Bids Due r: ly 25-- 023 August 8, 2025 Change 2: Question and Answer period extended Question and Answer Deadline M- '�--4,-2Q24-August 1, 2023 If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. LJ N L--- P -- � - -z 3 (Signature) Date V (Name of Firm) 10 +},> rYS Z L C— Packet Pg. 1735 Collier County Solicitario 16.C.1.e Co Ter C014"ty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation. 23-81 Reference Questionnaire for: 360 Energy Solutions LLC (Name of Company Requesting Reference Information) Antonio Noa (Name of Individuals Requesting Reference information) Name: Jeff Cornett (Evaluator completing reference questionnaire) Email FAX: Company: Miami Cerebral Palsy (Evaluator's Company completing reference) 305-986-0504 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the frm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "O." Project Description: Generator installation, maint, repairs, rentals Project Budget: $1,000,000.00 Completion Date: current vendor Project Number of Days: existing Item Criteria Score (must be completed) I Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 4oa T CD to to N 7r)r1')m'4 11sn MA I Packet Pg. 1736 Collier County 5olicitatio 16.C.1.e Co Yer C01414ty Procurement Services Division Farm 4 Reference Questionnaire (USE OIYE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8145 Reference Questionnaire for: 360 Energy Solutions LLC (Name of Company Requesting Reference Information) Antonio Noa (Name of Individuals Requesting Reference Information) Name: Jose Varona (Evaluator completing reference questionnaire) Email: FAX: Company: UHealth Facilities, Operations & Planning (Evaluator's Company completing reference) Telephone: 305-243-7403 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored " O." Project Description: Generator maint, repairs, rentals Project Budget: $500,000 Completion Date: current vendor Project Number of Days: existing Item Criteria Score (must be completed) I Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 S Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 rn to to N 7/26/2023 12:50 PM Packet Pg. 1737 Collier County Solicitation 16.C.1.e Co Ter County Procurement Services Division Form 4 Reference Ouestionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: 360 Energy Solutions LL,C (Name of Company Requesting Reference Information) ntonio Noa ng Reference information) Name: Aldo Socarras-March (Evaluator completing reference questionnaire) Email: FAX: Company: Jackson Health Systems (Evaluator's Company completing reference) Telephone: 786-3 51-053 7 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored " 0." Project Description: Generator maint, repairs, rentals, sales Project Budget: $300,000 Completion Date: current vendor Project Number of Days: existi Item Criteria Score (must be completed) Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 1 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 Inn TOTAL SCORE OF ALL ITEMS T CD CD to N ,Yreroonon ,)-sn ohs Packet Pg. 1738 16.C.1.e FORM 5 IF APPLICABLE GRANT PROVISIONS AND ASSURANCES FORMS ARE PROVIDED IN A SEPARATE PACKAGE AND MUST BE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. Packet Pg. 1739 16.C.1.e CONFIRM ALL REpUIRED LICENSES AND FORMS ARE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BIDIPROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. Packet Pg. 1740 16.C.1.e An official website of the United States government Here's how you know E-Verify My Company Account My Company Profile Company Information Company Name 360 Energy Solutions LLC Doing Business As (DBA) Name 360 Energy Solutions LLC Menu - Company ID 6 1703576 N Enrollment Date a� Jun 11, 2021 Employer Identification Number (EIN) 462459351 Unique Entity Identifier (UEI) DUNS Number 079112748 Total Number of Employees 20 to 99 NAICS Code Packet Pg. 1741 811 16.C.1.e Sector Other Services (Except Public Administration) Subsector Repair and Maintenance Edit Company Information Employer Category Employer Category None of these categories apply Edit Employer Category Company Addresses Physical Address 7650 NW 50th St Miami, FL 33166 Mailing Address Same as Physical Address Edit Company Addresses Packet Pg. 1742 16.C.1.e Hiring Sites We have implemented a new policy and require more information for existing and future hiring sites. Number of Sites Edit Hiring Sites Company Access and M O U My Company is Configured to: Verify Its Own Employees Memorandum of Understanding View Current MOU U.S. Department of Homeland Security_ U.S. Citizenship and Immigration Services Accessibility_ Plug -ins Site Map �T s AND SEA' N Packet Pg. 1743 16.C.1.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract 1 Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C. F. R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 Packet Pg. 1744 16.C.1.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non- m Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for E the purchase, acquisition, or use of goods, products, or materials produced in the United States (including 0 but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. a, co co For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in Y part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Q- License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 Packet Pg. 1745 16.C.1.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i), A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number, the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 Packet Pg. 1746 16.C.1.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 -a and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals f° (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 Q C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 0 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with c these regulations in any lower tier covered transaction it enters into. (3) This certification is a material p representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension E and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, o subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. co Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- u, designated items unless the product cannot be acquired— Competitively within a timeframe providing for M compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is a available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 Packet Pg. 1747 16.C.1.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own = action or upon written request of an authorized representative of the Department of Labor withhold or cause 0 to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 Packet Pg. 1748 16.C.1.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, 0 report each violation as required to assure notification to the Federal Emergency Management Agency, and Ln the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. C`! 0 z Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as m amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency m Regional Office. 3, The contractor agrees to include these requirements in each subcontract exceeding ° $150,000 financed in whole or in part with Federal assistance provided by FEMA. o Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this ca contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided -a by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. f° 3 a CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§50-1.4): Except as otherwise provided under 41 C.F.R, Part r_ 0 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R, § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. c m During the performance of this contract, the contractor agrees as follows: E E (1) The contractor will not discriminate against any employee or applicant for employment because of race, 0 color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; m c0'o rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. ' 0 (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply w to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such otherLO M employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, o hearing, or action, including an investigation conducted by the employer, or is consistent with the N contractor's legal duty to furnish information. c a� (4) The contractor will send to each labor union or representative of workers with which he has a collective E bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT i - 6 Packet Pg. 1749 16.C.1.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers` representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law, (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 Packet Pg. 1750 16.C.1.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name � U o �r + `� y� �� i� v �' �'� J L L L Date v �� Authorized Signature y EXHIBIT l - 8 Packet Pg. 1751 16.C.1.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR 3 By: �- Signature Name and Title m Street Address City, State, Zip c� a UEI Unique Entity Identifier (for SAM.gov verification) 2-D 2 Date 0 L Sub -Recipient Name: Collier County Board of County Commissioners w DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 Packet Pg. 1752 16.C.1.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status +rill be .,erified. Unvenfable statuses -m it require the PR`M E to either provide a revised statement or pro vide source documentation that a!idates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRINTE NAME PRIME FE D NUMBER CONTAACT DOLL.R AMOUNT 3%93s S THE PRIME A RORIDA-CTiFIED DISADVANTAGED, VETERAN Y N 15 THE ACTIviTY OF THIS CONTRACT... MINOR'Tr4RWOMEN BUSINESSENTERPRISE? DBE? Y N CONSTRUCTION7 N DBE ASE( SEI ORHAVEASMALL DISADVANTAGED 3U&NESS BA CERTIHCATION FROM THE 5MACL "INES$ MBE? V N CONSULTATON? Y N LI)MINISfRATION? A SER'vICE DISABLEDVFrERAN- WEE? Y N OTHER? N 1508 BA? N 15 TH'S SUBFAISSJON A REVISION?l v iJ IF YES. REVISION NUMBER B, IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME 15 TO COMPLETE THIS NEXT SECTION OBE M/WBE SUBCONTRACTOR OA SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPUER PERCENT OF CONTRACT eETERAfJ NAME SPECIALTY ;See Below) DORLAR AMOUNT DOLLARS I TOTAL C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TrILE OF 5UBMMER Wko ib off 2-3 3 pry c±e EMAIL ADDRESS OF PRIME ISUBMrrTERI TtLEP ONE NUMBER VOX NUMBER N a JII% l'r'• S. n� e 3 b 5 - :J F -7 - 3 3 9 - 3 y8 -Z/ sla NOTE: This information Is used to track and report anticipated DBE IX MBE participation in federally -funded contracts The anticipated OEE or MBE amount is voluntary and will not become part of the contractual terms This form must be submitted at tsme of response to a sal ic"rion 4 and when awarded a County contract. the prime will be ask.M to update the Information for the grant compliance files. D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPAR'1AENT NAME COt� EP. COnTT AcT p I IFa: A? P or PORE GRANT PROG RAMr CONTRACT ACCEPTED BY: DATE CD to ETHNICITY CODE American BA Hispanic smencan HA Native American NA Subccvlt Asian American shA ASiaYF-Pa�c American APG Non-F.SanaiT{ women NF.TN Other: not of any other group listed O T to N EXHIBIT I - 10 Packet Pg. 1753 T to N EXHIBIT I - 10 Packet Pg. 1753 16.C.1.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION To be submitted with each bid or offer exceeding 100 000 The undersigned ]Contractor] certifies, to the best of his or her knowledge, that 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et N seq., apply to this certification and disclosure, if any. a) y d a J o I LrhLrn 5 LL Contractor (Firm Name) Signature of Contractor's Authorized Official pn AW) 1 0 N 0 �71(- Name and Title of Contractor's Authorized Official Date EXHIBIT I - 11 Packet Pg. 1754 16.C.1.j ,a�oRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/17/2023 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 NAME: Aon Risk Services South, Inc. charlotte NC office A HCN o. E:t). (g66) 283-7122 FAX No ; (800) 363-0105 ( E-MAIL 1111 Metropolitan Avenue, Suite 400 charlotte NC 28204 USA ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Illinois Union insurance Company 27960 HERC Rentals Inc. 27500 Riverview Center Blvd Bonita Springs FL 34134 USA INSURER B: National Union Fire Ins Co of Pittsburgh 19445 INSURERC: AIU Insurance Company 19399 INSURER D: Lloyd's Syndicate No. 2623 AA1128623 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570102283897 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY 6882290 06/30/2023 06/30/2024 EACH OCCURRENCE $3,000,000 CLAIMS -MADE LIX 1BIOCCUR DAMAGE TORENT PREMISES Ea occurrn ence $S00 000 L� MED EXP (Any one person) $ 5 , 000 PERSONAL&ADV INJURY $3,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $6,000,000 � POLICY 1 ,7 1 PRO ❑ LOG 1 JECT PRODUCTS - COMP/OP AGG $6 , 000 , 000 OTHER B AUTOMOBILE LIABILITY 9767501 06/30/2023 06/30/2024 COMBINED SINGLE LIMIT Ea accident $5 000 000 ADS BODILY INJURY( Per person) C X ANY AUTO 9767502 06/30/2023 06/30/2024 BODILY INJURY (Per accident) OWNED SCHEDULED MA B AUTOS ONLY AUTOS 9767503 06/30/2023 06/30/2024 PROPERTY DAMAGE HIREDAUTOS NON -OWNED VA Per accident ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LAB H CLAIMS -MADE DED RETENTION C WORKERS COMPENSATION AND 015825017 06/30/2023 06/30/2024 X I PER STATUTE OTH- ER EMPLOYERS' LIABILITY Y / N ADS E.L. EACH ACCIDENT $1 , 000 , 000 C AN V PROPRIETOR / PARTNER I EXECUTIVE 015825018 06/30/2023 06/30/2024 OFFICERIMEMBEREXCLUDED' N/A (Mandatory in NH) WI 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) Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. CERTIFICATE HOLDER CANCELLATION 2i Collier County Board of County Commissioners 3295 Tamiami Trail East, Bldg. C-2 Naples FL 34112 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE l� N to i v IL LV 2 _I O U by r 00 M N r C W E t v R .-r r Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1755 AGENCY CUSTOMER ID: 570000070531 LOC #: ADDITIONAL REMARKS SCHEDULE 16.C.1.j Page _ of _ AGENCY Aon Risk Services South, Inc. NAMED INSURED HERC Rentals Inc. POLICY NUMBER see Certificate Number: 570102283897 CARRIER see certificate Number: 570102283897 I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS WORKERS COMPENSATION C N/A 015825019 CA 06/30/2023 06/30/2024 B N/A 1647427 EX Workers Comp (NC, OK) SIR applies per policy t 06/30/2023 rms & condit 06/30/2024 ons OTHER A Environmental Site Liability PPLG28198541003 Claims Made SIR applies per policy t 01/21/2023 rms & condit 01/21/2026 ons Aggregate Limit $1,000,000 Per Occurrence $1,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1756 16.C.1.k ,a�oRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/18/2023 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 NAME: ADD Risk Services Northeast, Inc. New vork NY office PHONE o. E:t). (g66) 283-7122 FAX No ; (800) 363-0105 ( C E-MAIL one Liberty Plaza 165 Broadway, Suite 3201 ADDRESS: New York NY 10006 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Ironshore Specialty Insurance Company 25445 United Rentals (North America), Inc. United Rentals, Inc. & Subsidiaries INSURER B: INSURER C: 100 First Stamford Place, Suite 700 Stamford CT 06902 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570102292172 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE Q OCCUR L� DAMAGE TO RENTED PREMISES Ea occurrence MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY PRO JECT ❑ LOC PRODUCTS - COMP/OP AGG OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY( Per person) ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LAB H CLAIMS -MADE DED RETENTION WORKERS COMPENSATION AND PER STATUTE I JOTH- EMPLOYERS' LIABILITY Y / N I HER E.L. EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT A Environmental Site Liability ISPILLSCC880003 10/01/2023 10/01/2024 Aggregate $5,000003 Claims Made Per Claim Limit $5,000:000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Collier County Board of County Commissioners, OR Board of County Commissioners in Collier County, OR Collier County Government & state for any and all work performed in Collier County are included as Additional Insured in accordance with the policy provisions of the Env Site Liability. CERTIFICATE HOLDER CANCELLATION 3 Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r O� N (n M C N tv _I O v LO Iq r 60 M lV i= a) E t v R r Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1757 16.C.1.1 A� o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/22,2023 F 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 Aon Risk Services Northeast, Inc. New York NY Office CONTACT NAME: (A/cC. No. Ext): <866) 283-7122 ((A No ): (800) 363-0105 E-MAIL ADDRESS: One Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: ACE Property & Casualty Insurance Co. 20699 United Rentals (North America), Inc. United Rentals, Inc. & Subsidiaries 100 First Stamford Place, Suite 700 INSURER B: ACE American Insurance Company 22667 INSURER C: Zurich American Ins Co 1-6535 Stamford CT 06902 USA INSURER D: Indemnity Insurance Co of North America 43575 INSURERE: ACE Fire Underwriters Insurance Co. 20702 INSURER F: COVERAGES CERTIFICATE NUMBER: 570101649401 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y XSLG47 55 1 1 11010112024 EACH OCCURRENCE $3,000,000 SIR applies per policy terns & conditions DAMAGE TO RENTED $3,000,000 CLAIMS -MADE X❑ OCCUR PREMISES Ea occurrence X MED EXP (Any one person) Excluded $2,000,000 SIR PERSONAL& ADV INJURY $3,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $6,000,000 X POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $6,000,000 OTHER: B AUTOMOBILE LIABILITY Y Y ISA H1076337A 101011202 3 10/01/2024 COMBINED SINGLE LIMIT Ea accident $5,000,000 BODILY INJURY ( Per person) X ANYAUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HI RED AUTOS NON -OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Per accident '4 X UMBRELLA LAB OCCUR XEUG27905997009 10/01/2023 10/01/2024 EACH OCCURRENCE $10,000,000 H SIR applies per policy terms & conditions AGGREGATE $10,000,000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION D WORKERS COMPENSATION AND Y WLRC54508207 10/01/2023 10/01/2024 X I PER STATUTE I OTH- ER EMPLOYERS' LIABILITY Y/ N ADS E.L. EACH ACCIDENT $2,000,000 B ANY PROPRIETOR / PARTNER / EXECUTIVE N N/A WLRC54508268 10/01/2023 10/01/2024 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) AZ CA MA E.L. DISEASE -EA EMPLOYEE $2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $2,000,000 B Excess Workers Compensation wcuc54508384 10/01/2023 10/01/2024 EL Each Accident $2,000,000 WA EL Disease - Policy $2,000,000 SIR applies per policy ter Tis & condi ions EL Disease - Ea Emp $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ADDITIONAL INFORMATION ATTACHED. Certificate Holder includes: Collier County Board of County Commissioners, OR Board of County Commissioners in Collier County, OR Collier County Government & state for any and all work performed in Collier County. CERTIFICATE HOLDER Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples FL 34112 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 2 No -71 A F r C11 t0 N N to R C d d a+ C _I O V lri 00 M N C a) E t v R r Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1758 AGENCY CUSTOMER ID: 570000086099 16.C.1.1 LOC #: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk Services Northeast, Inc. United Rentals (North America), Inc. � POLICY NUMBER see Certificate Number: 570101649401 >— CARRIER NAIC CODE EFFECTIVE DATE: See Certificate Number: 570101649401 tC ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE I NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS WORKERS COMPENSATION E N/A SCFc54508426 WI 10/01/2023 10/01/2024 OTHER C Miscellaneous Liability Coverages NSLI13828201 TX Non -Subscriber SIR applies per policy to 10/01/2023 ms & conditions 10/01/2024 CSL/TOT/IND/ occ $5,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1759 AGENCY CUSTOMER ID: 570000086099 LOC #: A ADDITIONAL REMARKS SCHEDULE Page _ of 16.C.1.1 AGENCY Aon Risk Services Northeast, Inc. NAMED INSURED United Rentals (North America), Inc. POLICY NUMBER See Certificate Number: 570101649401 CARRIER See Certificate Number: 570101649401 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance CERTIFICATE CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CONT RE: ALL OPERATIONS PERFORMED FOR THE CERTIFICATE HOLDER. CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED IN ACCORDANCE WITH THE POLICY PROVISIONS OF THE GENERAL LIABILITY AND AUTO LIABILITY POLICIES. A WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER IN ACCORDANCE WITH THE POLICY PROVISIONS OF THE GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION POLICIES. A WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER IN ACCORDANCE WITH THE POLICY PROVISIONS OF THE EMPLOYERS LIABILITY POLICY FOR KENTUCKY, MISSOURI, NEW HAMPSHIRE, & NEW JERSEY. GENERAL LIABILITY AND AUTO LIABILITY EVIDENCED HEREIN IS PRIMARY AND NON-CONTRIBUTORY TO OTHER INSURANCE AVAILABLE TO AN ADDITIONAL INSURED, BUT ONLY IN ACCORDANCE WITH THE POLICY'S PROVISIONS. CONTRACTUAL LIABILITY, BROAD FORM PROPERTY DAMAGE COVERAGE, INDEPENDENT CONTRACTORS COVERAGE IS PROVIDED IN ACCORDANCE WITH THE POLICY PROVISIONS OF THE GENERAL LIABILITY POLICY. THERE IS NO SPECIFIC "XCU" EXCLUSIONS AND COVERAGE IN ACCORDANCE WITH POLICY'S GENERAL LIABILITY TERMS AND CONDITIONS. GENERAL LIABILITY POLICY INCLUDES THE FOLLOWING ENDORSEMENT FORMS IN ACCORDANCE WITH THE POLICY PROVISIONS: ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS - ONGOING OPERATIONS ALL OTHER STATES (ADS) INCLUDES: ITEM 3 A . WORKERS' COMPENSATION INSURANCE: PART ONE OF THE POLICY APPLIES TO THE WORKERS' COMPENSATION LAW OF THE STATES LISTED HERE: AK, AL, AR, CO, CT, DE, FL, GA, IA, ID, IL, IN, KS, KY, LA, MD, ME, MI, MN, MO, MS, MT, NC, NE, NH, NJ, NM, NV, NY, OK, OR, PA, RI, SC, SO, TN, UT, VA, VT, WV. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1760 AGENCY CUSTOMER ID: 570000086099 LOC #: A ADDITIONAL REMARKS SCHEDULE 16.C.1.1 Page _ of _ AGENCY Aon Risk Services Northeast, Inc. NAMED INSURED United Rentals (North America), Inc. POLICY NUMBER See Certificate Number: 570101649401 CARRIER See Certificate Number: 570101649401 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance CERTIFICATE CONTINUATION SHOULD THE GENERAL LIABILITY, AUTOMOBILE LIABILITY, ADS WORKERS COMPENSATION/EMPLOYERS LIABILITY, AND/OR ARIZONA, CALIFORNIA, MASSACHUSETTS WORKERS COMPENSATION/EMPLOYERS LIABILITY POLICY(IES) BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE POLICY PROVISIONS WILL GOVERN HOW NOTICE OF CANCELLATION MAY BE DELIVERED TO CERTIFICATE HOLDERS IN ACCORDANCE WITH THE POLICY PROVISIONS OF EACH POLICY. r CD t0 t9 N ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1761 16.C.1.1 ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT — AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU Named Insured Endorsement Number United Rentals, Inc. 6 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G47355813 10/01 /2023 to 10/01 /2024 Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Excess Commercial General Liability Policy A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) 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 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(s) or organization(s). However: i. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 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. m B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any E it which takes place after the equipment lease expires. 0 C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE AND RETAINED LIMIT: o� The most we will pay on behalf of the additional insured is the amount of insurance: N 1. Required by the contract or agreement you have entered into with the additional insured; or N 2. Available under the applicable Limits of Insurance shown in the Declarations; M whichever is less. d This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Authorized Representative XS-6W29b (02/17) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 Packet Pg. 1762 16.C.1.1 1 ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS Named Insured Endorsement Number United Rentals, Inc. 9 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G47355813 10/01/2023 to 10/01/2024 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the 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: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any party, not otherwise specifically named on an All locations where you are performing operations Additional Insured endorsement, with whom the for such additional insureds Named Insured has agreed to make an additional insured prior to the date of loss, pursuant to either a written contract or the approval of the Director of Risk Management 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 include as an additional insured the person(s) or organiza- tions) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorse- ment performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance And Retained Limit: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Authorized Representative XS-21164a (04/13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Packet Pg. 1763 16.C.1.1 1 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Named Insured Endorsement Number United Rentals, Inc. 8 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G47355813 10/01 /2023 to 10/01 /2024 Issued By (Name of Insurance Company) ACE American Insurance Company insert tree policy number. i ne remainder of true intormation is to be compietea only when this endorsement is issued subsequent to the preparation of true policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any party, not otherwise specifically named on an Additional All locations where you are performing operations Insured endorsement, with whom the Named Insured has for such additional insureds agreed to make an additional insured prior to the date of loss, pursuant to either a written contract or the approval of he Director of Risk Management 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 include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but 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(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: XS-21168a (04/13) Copyright, Insurance Services Office, Inc., 2012 Page 1 of 2 Packet Pg. 1764 16.C.1.1 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance And Retained Limit: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Authorized Representative XS-21168a (04/13) Copyright, Insurance Services Office, Inc., 2012 Page 2 of 2 Packet Pg. 1765 16.C.1.1 2 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number United Rentals, Inc. 3 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G47355813 10/01/2023 to 10/01/2024 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the 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: EXCESS COMMERCIAL GENERAL LIABILITY POLICY Organization Any additional insured with whom you have agreed to provide such non- contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss Additional Insured Endorsement (If no information is filled in, the schedule shall read: `All persons or entities added as additional insureds through an endorsement with the term `Additional Insured" in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IVA: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss and is r primary (subject to satisfaction of the "retained limit"), meaning that we will not seek contribution from the other insurance available to the Additional Insured. Your "retained limit" still applies to such loss, and we will only pay N the Additional Insured for the "ultimate net loss" in excess of the "retained limit" shown in the Declarations of this policy. w Authorized Representative XS-20288a (05/14) ©Chubb. 2016. All rights reserved. Page 1 of 1 Packet Pg. 1766 16.C.1.1 CHUBB WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured Endorsement Number United Rentals, Inc. 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G47355813 10/01/2023 to 10/01/2024 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the 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: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Person or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this policy. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. All Other Terms And Conditions Remain Unchanged. Authorized Representative XS-6W34a (02/20) Page I of I Packet Pg. 1767 16.C.1.1 I ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured United Rentals, Inc. Endorsement Number 2 Policy Symbol Policy Number Policy Period Effective Date of Endorsement I SA �H1076337A 10/01 /2023 To 10/01 /2024 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the 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: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any organization whom you have agreed, via writing from your Director of Risk Management, or under written contract, to include as an additional insured provided such written agreement or contract was executed prior to the date of loss. _ A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of: 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents. N B. The persons or organizations named in this endorsement are not liable for payment of your premium. N Authorized Representative DA-91.174c (03/16) Page 1 of 1 Packet Pg. 1768 16.C.1.1 1 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured United Rentals, Inc. Endorsement Number 3 Policy Symbol Policy Number Policy Period Effective Date of Endorsement I SA �H1076337A 10/01 /2023 TO 10/01 /2024 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the 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. BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM Schedule Organization Additional Insured Endorsement All persons or entities added as additional insureds through an DA 9U74c endorsement with the term "Additional Insured" in the title (If no information is filled in, the schedule shall read: All persons or entities added as additional insureds through an endorsement with the term `Additional Insured" in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to the Other Insurance Condition under General Conditions: If other insurance is available to an insured we cover under any of the endorsements listed or described LL above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss rn on a primary basis and we will not seek contribution from the other insurance available to the Additional W Insured. N N to R C d Authorized Representative DA-21886b (06/14) Page 1 of 1 Packet Pg. 1769 16.C.1.1 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured United Rentals, Inc. Endorsement Number 4 Policy Symbol Policy Number Policy Period Effective Date of Endorsement I SA H 1076337A 10/01 /2023 To 10/01 /2024 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the 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: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Authorized Representative DA-13115a (06/14) Page 1 of 1 Packet Pg. 1770 16.C.1.1 Workers' Compensation and Emplovers' Liabilitv Policv Named Insured Endorsement Number UNITED RENTALS, INC. 100 FIRST STAMFORD PLACE, SUITE 700 Policy Number STAMFORD CT 06902 Symbol: WLR Number: C54508207 Policy Period Effective Date of Endorsement 10-01-2023 TO 10-01-2024 10-01-2023 Issued By (Name of Insurance Company) INDEMNITY INS. CO. OF NORTH AMERICA Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. ..f Authorized Representative N N CU c m m .E I O U LO M N C d L V R r Q WC 00 03 13 (11/05) Ptd. U.S.A. Copyright 1982-83, National Council on Compensation Packet Pg. 1771 16.C.1.1 Workers' Compensation and Emplovers' Liabilitv Policv Named Insured Endorsement Number UNITED RENTALS, INC. 100 FIRST STAMFORD PLACE, SUITE 700 Policy Number STAMFORD CT 06902 Symbol: WLR Number: C54508268 Policy Period Effective Date of Endorsement 10-01-2023 TO 10-01-2024 10-01-2023 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. ..f Authorized Representative N N CU c m m .E I O U LO M N C d L V R r Q WC 00 03 13 (11/05) Ptd. U.S.A. Copyright 1982-83, National Council on Compensation Packet Pg. 1772 POLICY NUMBER: WCUC54508384 16.C.1.1 G. Omnibus Reconciliation Act - Government Access Clause We will make available this policy and all documents needed to confirm the premium paid by you if the Secretary of Health and Human Services or the Comptroller General of the United States find that the policy is a contractor described in Section 1861 of the Social Security Act, 42 U.S.C. Section 1395, or any amendment to it, and they or you ask for our documents. If the Secretary of Health and Human Services or the Comptroller General asks for access to our documents, we will immediately notify you and make these documents available to you, unless prohibited by law. The right to access will be determined by the above statute, or any amendment to it, or any rules or regulations established under it. H. Other Insurance If the Insured carries other valid insurance, reinsurance or indemnity with any other insurer covering a loss covered by this policy (other than insurance that is purchased to apply in excess of the sum of Your Retention and the Limit of Indemnity hereunder), we shall not be liable for a greater proportion of such loss than the applicable Limit of Indemnity of all valid and collectible insurance, reinsurance or indemnity against such loss. If the Insured carries other insurance with us covering a loss within the limit covered by this policy, the insured must elect which policy shall apply and we shall be liable under the policy so elected and shall not be liable under any other policy. Recovery From Others We have your rights, and the rights of persons entitled to the benefits of this insurance, to recover our payments from anyone liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce them. Any amount recovered as a result of such proceedings, together with all expenses necessary to the recovery of any such amount, shall be apportioned as follows: 1. if there is insurance coverage in excess of Our Limit of Indemnity, that insurer shall first be reimbursed to the extent of its actual payment; 2. we shall then be reimbursed to the extent of our actual payment and then we will pay the balance, if any, to you. The expenses of all proceedings necessary to the recovery of any such amount shall be apportioned between you and us in the ratio of their respective recoveries as finally settled. If there should be no recovery in proceedings instituted solely on our initiative, the expenses thereof shall be borne by us. In the event of any payment under this policy for a Loss for which you have waived the right of recovery in a written contract entered into prior to the Loss, we hereby agree to also waive our right of recovery but only with respect to such Loss. J. Sole Representative The insured first named in Item 1 of the Information Page will act on behalf of all insureds to give or receive notice of cancellation, accept indemnity, receive return premium or request changes in this policy. K. Transfer of Your Rights and Duties Your rights or duties under this policy may not be transferred without our written consent. L. Unintentional Errors and Omissions Your failure or omission to disclose all hazards existing as of the inception date of the policy shall not prejudice you with respect to the coverage afforded by this policy provided such failure or omission is not intentional and you did not know about such hazards prior to the commencement of the policy period. r rn co m N N N R c m m .E i O U tn r M N C d E t V R a+ a+ Q CKE-1167M (01/15) ©ACE AMERICAN INSURANCE COMPANY Page 10 of 11 Packet Pg. 1773 16.C.1.1 Workers' Compensation and Emplovers' Liabilitv Policv Named Insured Endorsement Number UNITED RENTALS, INC. 100 FIRST STAMFORD PLACE, SUITE 700 Policy Number STAMFORD, CT 06902 Symbol: SCF Number: C54508426 Policy Period Effective Date of Endorsement 10-01-2023 TO 10-01-2024 10-01-2023 Issued By (Name of Insurance Company) ACE FIRE UNDERWRITERS INS CO Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. Authorized Representative N to CU c m m .E I 0 U LO M N C d L V R r Q WC 00 03 13 (11/05) Ptd. U.S.A. Copyright 1982-83, National Council on Compensation Packet Pg. 1774 16.C.1.1 0 Blanket Waiver of Subrogation Endorsement Z U RI CH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Zurich Employer Work Injury Liability Insurance Policy. It is hereby understood and agreed that the following changes are made and incorporated into the Policy: Section VIII. Conditions is modified as follows: A. Paragraph F. Subrogation Recovery from Others is replaced with: Effective Date: We waive any right of recovery we may have against the person or organization because of payments we make for Accidental Bodily Injury, Occupational Disease or Cumulative Trauma arising out of Your Work done under a written contract with that person or organization. 1 0/ 0 1 / 2 0 2 3 Attached to and forming a part of Policy No. NSL 1 1 38282-01 Page 1 of 1 u-TN Packet Pg. 1775 16.C.1.1 NOTICE TO OTHERS ENDORSEMENT — SCHEDULE Named Insured United Rentals, Inc. Endorsement Number 4 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL �G47355813 10/01 /2023 To 10/01 /2024 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the 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. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule that you or your representative provide or have provided to us (the "Schedule"). You or your representative must provide us with the physical and/or e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. B. The Schedule must be initially provided to us within 15 days after: i. The beginning of the Policy period, if this endorsement is effective as of such date; or ii. This endorsement has been added to the Policy, if this endorsement is effective after the Policy period commences. C. The Schedule must be in an electronic format that is acceptable to us; and must be accurate. D. Our delivery of the notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. F. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. G. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with a Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. H. We may arrange with your representative to send such notice in the event of any such cancellation. I. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule J. This endorsement does not apply in the event that you cancel the Policy. rn co m N N to R c m m c I O v tn r M N C d E t V R a+ a+ Q ALL-32687 (05/11) Page 1 of 2 Packet Pg. 1776 16.C.1.1 All other terms and conditions of the Policy remain unchanged. Authorized Representative ALL-32687 (05/11) Page 2 of 2 Packet Pg. 1777 POLICY NUMBER: ISA H1076337A 16.C.1.1 CHUBB® NOTICE TO POLICYHOLDERS NOTICE TO OTHERS - SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice of cancellation, as provided by your representative, is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. The provisions of this notice do not apply in the event that you cancel the Policy. ALL-34275 (10/11) Page 1 of 1 Packet Pg. 1778 16.C.1.1 Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number UNITED RENTALS, INC. 100 FIRST STAMFORD PLACE, SUITE 700 STAMFORD CT 06902 Policy Number Symbol: WLR Number: C54508207 Policy Period Effective Date of Endorsement 10-01-2023 TO 10-01-2024 10-01-2023 Issued By (Name of Insurance Company) INDEMNITY INS. CO. OF NORTH AMERICA Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. NOTICE TO OTHERS ENDORSEMENT - SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. Authorized Representative WC 99 03 69 (01/11) Page 1 of 1 Packet Pg. 1779 Client#:1925010 132360ENE 16.C.1.m ACORD_ CERTIFICATE OF LIABILITY INSURANCE rT/10/18/2023 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: It the Certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have AUDI I ZONAL 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Lauren Mayer McGriff Insurance Services LLC PHONE g54-389-1289 FAX 866-881-5271 12751 New Brittany Blvd A/C No Ext E-MAIL : A/C, No Lauren.mayer@mcgriff.com Suite 201 INSURER(S) AFFORDING COVERAGE NAIC # Font Myers, FL 33907 INSURER A: Hartford Fire Insurance Company 19682 INSURED INSURER B : Twin City Fire Insurance Company 29459 360 Energy Solutions LLC INSURER C Insurance Company of the West : P Y 27847 7650 NW 50th Street INSURER D Liberty Mutual Insurance Company : rtY P Y 23043 Miami, FL 33166 INSURERE: National Specialty Insurance Company 22608 INSURER F : Weschester Surplus Lines Insurance Co 10172 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. LT R LTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y 210ESOF7826 4/29/2023 04/29/2024 EACH OCCURRENCE $1 000000 CLAIMS -MADE � OCCUR PREMISES ERENTED ccccnce $300000 X MED EXP (Any one person) $10 000 BI/PD Ded:10000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY F] JECT LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: E AUTOMOBILE LIABILITY GM1039601 4/29/2023 04/29/202 CMINED Ea acciden SINGLE LIMIT $1'000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED XSCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY XUM COMP/COLL $DED $1000 $100K X MedPay $5K B UMBRELLA LIAB X OCCUR 21XSON1768 4/29/2023 04/29/2024 EACH OCCURRENCE s5,000,000 X AGGREGATE s5,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A WFL504807804 05/01/2023 05/01/202 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1 000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Ocean Marine NYOMC1104960 014/29/2023 04/29/202 see descriptions F Pollution Liab G71806790004 04/29/2023 04/29/202 1,000,000 AGG Ded 5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CONTRACTORS EQUIPMENT - PER OCCURENCE LIMIT - $40,250; LEASED/RENTED/BORROWED EQUIPMENT LIMIT $100,000; DEDUCTIBLE $1,000 - except $5000 for Cranes/Asphalt Batch Plant Equipment; COINSURANCE - NIL. Ocean Cargo/warehouse inventory - named warehouse $4,000,000 DED $5000;unnamed warehouse $100,000 Ded $5000. (See Attached Descriptions) ERTIFICATE HOLDER Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, FL 34112 T CD to N N C O 0 N Is L c W 0 to M _I O V In 14 4NCELLATION M N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE }; THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. s AUTHORIZED REPRESENTATIVE M 4 / / [J - ++ a I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD I Packet Pg. 1780 #S33096128/M32455642 LIGO DESCRIPTIONS (Continued from Page 1) 16.C.1.m Collier County Board of County Commissioners is an additional insured with respects to general liability, with a written contract. Notice of Cancellation is 30 days, except 10 days for non-payment. SAGITTA 25.3 (2016/03) 2 of 2 #S33096128/M32455642 Packet Pg.1781 0 United Rentals° �A Capabilities L e eu k�• NMI �4u'w.unife'ih �.ntals rnui � A �I W United Rentals Founded in 1997, United Rentals, Inc. is a publicly traded company (NYSE:URI) and is the largest equipment rental company in the world, with over 1,180 rental locations throughout 49 states in the US and 10 Prov- inces in Canada. Our diverse customer base includes construction and industrial companies, utilities, mu- nicipalities, and homeowners. United Rentals entered the equipment rental market in North America with a vision for redefining industry leadership. We achieved this stature through acquisitions, organic growth and a culture that embraces both discipline and innovation. URI was the first national rental company to receive a GSA MAS contract (2005) and we were awarded the Center for Facilities Maintenance Outstanding Industry Partner Award by GSA in 2007. This is a testament to the hard work and dedication exhibited by our more than 18,900 employees in taking care of the rental equipment needs of the Federal, State and Local Governments. Our willingness to innovate has been the driving force behind numerous growth initiatives, including the pursuit of government, national, and industrial customers. In each case, the impetus was the needs of our customers and our own desire for growth. The company's more than 18,900 employees serve over 500,000 rental customers in 2020; independent contractors, National Accounts, the U.S. Government, manufacturers, utility companies, municipalities and do-it-yourselfers, among others. Approximately 51% of our revenues came from commercial contractors and 45% from industrial customers and 4% from residential customers. Within our broad base we are adept at using our resources and footprint to unique advantage. We currently serve approximately 1,500 National Ac- counts, and an additional 200 Federal agencies through our Government Sales program. These customers value our company's ability to mobilize rentals quickly and on a large scale, often across thousands of miles. Divisions of United Rentals • General Rental • Industrial Tools • Fluid & Pump Solutions • Trench Safety • Power & HVAC • Emergency Response trailers • Reliable On -site Services We have a robust equipment sharing program within the company providing extended fleet resources to our branches. URI has over 500,000 items with 600 types of equipment. The some of the types of equipment that we offer are: portable restrooms, hand washing stations, shower trailers, booms, scissors, earthmoving, air compressors, forklifts, generators, welding, lighting, compaction, pumps, concrete, transportation, small tools, sweepers, trenchers, industrial tools, pressure washers, heaters, blowers & fans. Our Mission Deploy the best people, equipment and solutions to enable our customers to safely build a better and stronger future. Our Values Safety First - Always act and require that others act in a manner that puts the safety of our employees, customers and community first and foremost. Passion For People Build a diverse workplace that challenges our employees to grow professionally and embrace teamwork in everything they do. Visible Leadership To walk the walk; to lead by example and to do so with a sense of humility and responsibility. United Rentals Customer Driven Enthusiastically support the best interests of our customers and develop better ways for them to get their job done. Absolute Integrity Always do the right thing and honor our commitments; ensure appropriate corporate governance. Community Minded Be an outstanding corporate citizen and neighbor at all times in all ways. Continuous Innovation To foster a culture that empowers employees to improve quality and efficiency. In the event of a disaster, all United Rentals locations have 24/7 service available 7 days/week, 365 days/ year. Each location is connected to our dedicated after hours call center, so you will always speak with a United Rentals employee in an after-hours event. In the event equipment or service is needed after hours, a call to the local facility or to 800-UR-RENTS will put you in touch with a company representative who can assist and facilitate any actions that need to be taken. United Rentals disaster center operates inside a state-of-the-art Government Customer Care Center in Tam- pa, FL. This center is utilized by our Government customers, and offers customers the ability to make one call or one email to have equipment delivered to and picked up from a jobsite. They can locate the nearest branch that has the equipment you need, and reserve the item and set delivery times for the equipment to be dropped where it's needed. The Government Customer Care Center is open 24 hours a day / 365 days a year and can be reached by calling 1-877-URI-4-GOV toll free or by emailing to govrents@ur.com. The service center's bilingual staff coordinates the movement of rental equipment, contractor supplies and re- lated information, for example, providing dispatch and contents tracking for everything in motion between the more than 1,180 United Rentals branches, contractor supplies warehouses, suppliers and customers via United Rentals' Intranet — making mass communication available in real time. In a major disaster, just the logistics of getting the right products to those with urgent needs is a major priority. Organization name: United Rentals, Inc. Address: 100 First Stamford Place, Suite 700, Stamford, CT 06902 Email address: GovRents@ur.com Web site address: www.unitedrentals.com Telephone number: 877-874-4468 CAGE code: 1 PCJ2 DUNS number: 176333961 Point of contact: Government Sales & Solutions Team, 877-874-4468, GovRents@ur.com Your company's business size type/status for NAICS Code 532490: Large Thank you for your consideration and please contact me should you have any questions or need clarification on our capabilities. Best Regards R Pbert Caudle, Director of Government Sales rcaudle@ur.com 1404.406.9491 2021 Gov Template -Condensed 10pg 12font 1 3 FOCUSED ON YOUR PRODUCTION Detailed maintenance because there's no time for downtime. Project downtime impacts timelines and costs. United Rentals understands. From our shop to field mechanics, our team of professionals perform detailed maintenance to keep the equipment on your site working. United Rentals strives to reduce rental equipment breakdowns through a rigorous quality assurance program. This starts with a thorough preventive maintenance program and rent -ready inspections then followed by a condition report so the equipment we deliver on your site is ready -to - work. Equipment productivity is never left to chance. Service Technicians Our Maintenance Staff consists of 3525 mechanics (all United Rentals, Inc. employees) co -located in our branches. United Rentals is dedicated to having qualified technicians. Technician maintenance training data: • Total hour of training received = 83,716 hours • Total Courses Completed: 12,570 • Average hours of training per Technician = 23.75 hours Jam 99% Op.T11heO e1°e a a m 0 0 Simple return QJ a o� QO a Report s\\ 2021 Gov Template -Condensed 10pg 12font 1 4 SUSTAINABILITY Integrated environmental management. Our commitment to sustainability is total and we not only talk about it, we execute as part of our company culture. • Utilize national service providers for proper and consistent waste stream management, including the proper disposal and recycling of oil, oil filters, coolant, batteries, and solvents. United Rentals ensures that our waste is recycled to the extent practical to limit landfill disposal. • Partner with a national spill response provider to deliver efficient and consistent service that eliminates or reduces potentially harmful environmental impacts. • Optimized equipment routing solutions reduce the overall time our delivery vehicles are on the road and substantially reduce our carbon footprint. • Frequent turnover of our rental and non -rental fleets ensure that the latest technology and highest tiered engines are incorporated into our fleets, Supporting Energy Efficiency for Our Customers providing compliance with the most stringent environmental regulations. • Our Preventive Maintenance and Rental Ready Inspection programs, coupled with comprehensive performance tracking, ensure that United Rentals equipment is performing properly, providing optimal fuel and emission efficiency. • United Rentals implemented aggressive idling and maximum speed policies that meet or exceed Federal and State regulations and are designed to substantially reduce our carbon footprint. • Driver training programs significantly reduce fuel consumption and greenhouse gases by focusing on speed management, route planning, and efficient shifting techniques. • Guidelines established for use of Bio-diesel fuel in United Rentals equipment, reducing overall energy consumption and greenhouse gases. • Researching hybrid technology for our delivery fleet to reduce fuel consumption and emissions. 2021 Gov Template -Condensed 10pg 12font 1 5 SUSTAINABILITY (CONT.) Integrated environmental management. • Maintain an aerial equipment refurbishment program through multiple suppliers that reduces waste and the need for new raw materials. • Tire initiatives significantly increase the adoption of solid tires and retreads through approved suppliers that reduces landfill waste. • Shop automation initiatives that include Smart Equip, RentalMan, • Centralized Warranty, and the Maintenance Information Center, reduce dependence on paper and other products by providing Technicians with online service manuals, parts manuals, and bulletins, and allows for the direct electronic recording of Work Orders and Warranty Claims. • Teamed up with a national vendor for the environmentally responsible disposal or recycling of all obsolete computer and telecommunications equipment. • Provide customers with federal and state environmentally compliant equipment. • United Rentals regularly inspects its fuel and oil tanks and piping, and all waste storage areas to prevent releases to the environment. • Our website link to Sustainability 2021 Gov Template -Condensed 10pg 12font 1 6 Resources you need, readily available at the project site. $14.13 billion OEC of rental fleet that includes 4,000 classes of construction and industrial equipment, as well as specialty solutions for trench safety, fluid solutions, power generation and climate control. 24/7 Service All United Rentals locations have 24/7/365 service available. Customers have a single point of contact for all rental needs day or night. This means regardless of time or where the project is located you have one number to call throughout the life of this contract. We can assist and facilitate any actions that need to be taken in the event equipment or service is needed after hours. Equipment Certification Procedures All equipment delivered to a jobsite or picked up at the branch has gone through a documented maintenance procedure. Each piece of equipment as it comes off rent must be fully cleaned, serviced and inspected per the manufacturer's specifications, URI Risk Manage- ment requirements, Company Policy and any govern- mental statutes. A multi -colored tag is placed on each piece of equipment as it comes in off rent. The equip- ment does not go out on rent until all checks have been made and a green, "Ready to Rent" tag remains indicating the equipment is in an operable state and ready for rent. The employee conducting the inspec- tion will complete and initial all sections of the tag and remove those sections upon completion of all required inspections, service, or repairs. When a piece of equipment is delivered or picked up, the driver or branch will obtain the signature of the customer on the green tag. If no one is available to sign, or will not sign, the driver or branch personnel will annotate such on the green tag. When a piece of equipment is delivered or picked up, the driver or branch personnel will demonstrate the correct and safe operating instructions for that piece of equipment if requested from the customer. Additionally, United Rentals offers various training classes to cus- tomers at cost when requested. URI also offers cours- es on specific equipment where training personnel can certify customer personnel and/or train the trainer. 2021 Gov Template -Condensed 10pg 12font 1 7 UNITED RENTALS SAFETY Industry leading safety records and standards. Just like in your business, working safely is a top priority for United Rentals. As people and resources move throughout your jobsite and across the country, it takes a deliberate, measured effort to operate safely. Your teams are dedicated to their own safety and shouldn't have to worry about their suppliers being safe on their sites. 360 degree awareness, near -miss reporting, personal protective equipment focus, and operational excellence are just a few of the programs that make sure United Rentals is working safely at your jobsite and at our locations. Above ground or below, keeping workers safe is a priority on any project. It all starts with finding the right training and certification resources. United Rentals is here to help with United Academy. United Academy is a comprehensive training solution designed to help you reduce the overall cost and complexity of safety training and credential tracking. We know how to keep your crew safe because we only staff safety experts — certified professionals who understand the hazards of your job. United Rentals consistently ranks in the top quartile in all industry sectors for safety performance. 2021 Gov Template -Condensed 10pg 12font 1 8 UR CONTROL° Easy information and insight for all of your stakeholders. The more time people and departments spend using UR Control°, the more ways they find that it helps their company be better at managing rentals. Before, during, and after the rental process, UR Control gives users access to the types of information used to make the best business decisions. Renting only what you need, when you need it helps you reduce rental costs by optimizing the amount, length, and utilization of equipmaiatza-rent. Full visibility of rental activities across your organization • View overdue and upcoming return dates • Extend rentals or request pick-up • Add and update PO numbers • GPS data Comprehensive account management • Real-time invoice and payment history • Download summary and detail billing data • Invoice availability & support Customized flexible reporting • Report live or historical rental information on nearly any subject (equipment on rent, rental history, hundreds of more report styles) ® � - ..,. w� Ilu.rq w sn rw� � anrypga enoae�rt p _-. • ..� • .-In . ., y-..wai a. m ��. �V.V+� rr+l6Ncw'Mtln nSWI 4' . . � �-4 � ~ter •. •• Ilw'Y�I 1y.1 �F{ix �•VK1.H111 And when you are on the go. When you're away from the office, use the UR Jobsite Mobile App to put the power of UR Control and Total Control in the palm of your hand. 2021 Gov Template -Condensed 10pg 12font 1 9 PAST PERFORMANCE Equipment when and where you need it. United Rentals has a Customer Focused Branch Operations (CFBO) initiative to improve our ability to measure ourselves against key performance indicators. CFBO Scorecard metrics (Appendix F) are designed to provide visibility and focus on the operational metrics most important to our customers. We will use these metrics to track our service. The following measurements are included in the CFBO Scorecard: • Average hours to resolve breakdowns • Percent on time delivery • Average hours to pick up • Percent orders lost (equipment availability) • Average days to resolve dispute (billing) References Contract Number(s) W912OR-12-A-0022 H92239-14-C-0007 N40085-13-A-7748 Name, phone # and Becky Zurschmiede Michael Drafts Shelia Bullock email address of USACE Louisville USASOC FT Bragg NAVFAC primary contact (502) 779-0804 (919) 414-5764 (757) 341-1650 Rebecca. A.Zurschmiede@ draftsm@soc.mil Shelia. Bullock@Navy.Mi I usace.army.mil Valaida Bradford (910) 396-0560 bradforv@soc.mil Value of contract $200K $284K annually $4.Omm Detailed description Provide construction rental Multi -year rental contract Various vehicle / of work performed equipment on an "as- with USASOC, Fort Bragg, equipment rental under needed basis" for USACE NC. The contract assists transportation contracts Louisville. over 640 special forces and transportation related This contract requires engineer students with a service contracts in the timely response for variety of heavy equipment Hampton Roads Region. equipment needs for rental equipment to Fill orders to react to USACE Louisville. include forklifts, dump immediate needs with trucks, man lifts and etc. proven, reliable equipment. The best people, equipment and solutions in the industry. Whatever your projects demand, you can depend on United Rentals from start to finish. Count on the world's largest fleet of rental equipment, 24/7 service and support, over 1050 locations across the U.S. and Canada, and experts ready to help you find the best solutions. When you need to get the job done, we're here to help. General Rental Power & HVAC Fluid Solutions Aerial Lift Equipment Chillers Large Centrifugal Pumps Forklifts & Material Handling Power Generation Submersible Packages Earthmoving Equipment Air Conditioners Wellpoint Pumps Compaction Equipment Heaters Filter Pots & Filters Concrete & Masonry Equipment Dehumidifiers Vacuum/Excavation Units Temporary Lighting Fuel Tanks Custom -Fabricated Pumps Power Distribution Reliable Onsite Services Tool Solutions Trench Safety Portable Toilets & Showers Hoist & Rigging Pipe Testing Equipment Standard & Deluxe Units Specialty Welding Confined Space Equipment Restroom & Shower Trailers Pneumatic Tools Pipe & Construction Lasers Wheelchair Accessible Units Hydraulic Tools Barricades & Signs Hand Wash Stations Electric Tools Safety & OSHA Training Laundry Trailers 0 United Rentals® United Rentals.com 1800.UR.RENTS © 2017 United Rentals, Inc. The information contained herein is confidential and proprietary to United Rentals (North America), Inc. (URNA). Duplication, distribution and/or sharing of this information outside of URNA is strictly prohibited. Should any information herein include forward -looking statements, such statements are as of our most recently issued and publicly -filed earnings release and periodic report. Information on such statements can be found in these public filings and our Investor Presentation(s) posted on the Investor Relations page of our website. We make no commitment to update any such statements contained herein. This information is for the purposes of discussion only and is not enforceable unless incorporated into a contract executed and delivered by ACRONYM and URNA. This offer is valid for a period of 90 days from the date of this response. Collier County Solicitation 23-8145 Bid Schedule ITB 23-8145 Generator Rental Services The quantities listed in the bid schedule are approximate and are for the purpose of bid evaluation. The County reserves the right to order any quantity during any period but does not guarantee any minimum or maximum. During a declared natural disaster or emergency event the Contractor may charge 1.5 times the established rates (rate x 1.5 = emergency rate) Generator Rental Rates Item Generator Size or sufficient power to Generator Setup and No. accommodate Quantity Daily Rate Weekly Rate Monthly Startup Fee* Total Rate 1 10 - 50 KW 10 $ $ $1500 $25,950 $ 385 1,060 2,445 2 51- 99 KW 50 $ $ $1500 $166,550 $ 549 1,101 3,301 3 100 - 150 KW 30 $ $ $1500 - $127,050 $ 718 1,407 4,185 4 151- 199 KW 20 $ $ $1500 - $93,440 $ 721 1,448 4,597 5 200 - 249 KW 10 $ $ $1500 - $66,000 $ 1,075 2,150 6,450 6 250 - 400 KW 5 $ $ $1800 - $40,500 $ 1,290 2,580 7,740 7 401- 499 KW 1 $ $ $1800 - $10,066 $ 1,420 2,778 8,266 8 500 - 749 KW 1 $ $ $2200 - $19,149 $ 2,825 5,650 16,949 9 750 - 799 KW 1 $ $ $2200 - $19,149 $ 2,825 5,650 16,949 10 800 - 999 KW 1 $ $ $2200 - $19,149 $ 2,825 5,650 16,949 11 1000 - 1249 KW 1 $ $ $2200 - $25,850 $ 3,951 7,901 23,650 12 1250 - 1499 KW 1 $ $ $2200 - $28,000 $ 4,300 8,600 25,800 13 1500 - 1749 KW 1 $ $ $2200 - $28,000 $ 4,300 8,600 25,800 14 1750 - 2000 KW 1 $ $ $2200 - $36,600 $ 5,735 11,470 134,400 Generator Rental Rates Subtotall $705,453 Additional Fees (only upon request by the County above providing of generator.) Item Description Qty Rate Total No. Cable Fee (400 amp) 50' each and Monthly: $145 17 25 $3,625 Hardwire Pigtail 2,500 gallon skid mounted fuel tank andMonthly: $2,673 18 accessories to be delivered for the rental 3 $8,019 period- set up, start up, initial fueling and teardown included Urgent Service Delivery Charge - not to $500 Exceed $500.00 19 (not applicable to Natural disasters or 10 $5000 declared emergency events - Sections 3.5 3.8) Additional fees $16,644 Subtotal Total Bid $722,097 * Generator Startup and Setup Fee only if requested 6/23/2023 1:36 PM p. 24 UNITED RENTALS (NORTH AMERICA), INC. POWER OF ATTORNEY Know all men by these presents, that the undersigned, a Delaware corporation (the "Corporation"), hereby constitutes and appoints those individuals employed by the company with the title Branch Manager, Area General Manager or District Manager, its true and lawful attorney -in -fact to: execute and submit, in the name and on behalf of the Corporation, bid documents and contracts arising out of such bid documents in relation to any state and local government solicitations provided that the Corporation's legal department has reviewed and approved such bid documents and contracts; and 2. take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney -in -fact, may be of benefit to, in the best interest of, or legally required by, the Corporation in connection with such execution and submission. The Corporation hereby grants to the attorney -in -fact full power and authority to do and perform all and every act and thing whatsoever requisite, necessary and proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the Corporation might or could do, hereby ratifying and confirming all that such attorney -in -fact shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. Unless sooner terminated by the Corporation, this Power of Attorney shall remain in effect for a period of the earlier of (i) one (1) year from the date hereof; and (ii) the date the person appointed ceases to be employed as a Branch Manager, Area General Manager or District Manager of the Corporation. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 9th day of January 2023. UNITED RENTALS (NORTH AMERICA), INC. By: Name: Craig K. Schmidt Title: Vice President —National Accounts STATE OF CT f I ss. COUNTY OF ) On this 9th day of January, 2023, before me personally came Craig A. Schmidt, to me known, and known to me to be the person who executed the foregoing instrument, and who being by me duly swom, did depose and say that he is the Vice President -National Accounts of United Rentals (North America), Inc., a Delaware corporation, and that said instrument was executed by him for and on behalf of said corporation for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 9th day of January, 2023. RYAN W SCULLY Notary Public, Stale of Connecdcut 07131f2027 Solicitation 23-3145 BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners The undersigned, as Vendor declares that thi! proposal is in every respect fair and made in purchase order terns and conditions, requirem accepted. The Vendor agrees, if this solicitation subs contract or to execute a Collier County for and Collier County, for the performance of is based upon the documents listed by the accordance with the terms, conditions and Vendor's bids. Further, the Vendor agrees that if awan compete, submit a proposal, be awarded, awarded contract. IN✓IT,SS WHEREOF, WE have r� in the State of Firm's Legal Name: Units urement Services Division 1: Vendor Declaration Statement onse is made without connection or arrangement with any other person and this I faith, without collusion or fraud. The Vendor hereby declares the instructions, and specifications/scope of work of this solicitation have been fully examined and is accepted by Collier County, to accept a Purchase Order as a form of a formal mtract for purposes of establishing a contractual relationship between the Vendor juirements to which this solicitation pertains. The Vendor states that the submitted referenced solicitation. The Vendor agrees to comply with the requirements in fications denoted herein and according to the pricing submitted as a part of the a contract for these goods and/or services, the Vendor will not be eligible to )erform as a sub -vendor for any future associated work that is a result of this Address: 3400 NW 15MH ST City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number •CCR # or CAGE Code -Only ifGram Funded Telephone Email: Signature by: (Typed and written) Title: Branch ournamesonthis tVI"dayof 1M)n v 203 3in the County of Inc. 612M0231:WPM I i p.26 Collier County Sotkaation 2341145 Additional Contact Information Send payments to: United ReIs (North America), Inc. (required if different from Company nami used as payee above) Contact name: Credit Support Title: Address: PO Box 100711 City, State, ZIP Telephone: Email: Offee servicing Collier County to place orders (required ifdifferent from above) Conrad name: Title: Address: City, State, ZIP Telephone: Email: 6r"20231:36 PM Atlanta, 6 30384 877-874-4 68 ach@ur.00 United Re als North America), Inc. Robert Ca on Branch 10 ager 3400 NW r TH ST LAUDERH L, FL 33311 877-874- 68 govrentsia ILCom WA Collier County Solicaation 23b145 l County rocurement Services Division Fewer : Conflict of Interest Certification Affidavit The Vendor certifies that, to the but of its kn ledge and belief, the pest and current work on any Collier County project affiliated with this solicitation does not pose an organize ional conflict as described by one of the three categories below: Biased ground rules — The firm has tset the "ground rules"for affiliated past or current Collier County project identified above (e.g., writing a procurcirri tatement of work, specifications, or performing systems engineering and technical direction for the procuremenQ which ppears to skew the competition in favor of my firm. Impaired objectivity — The firm had not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past In r bmance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the governr ient. Unequal access to information - Tlie firm has not had access to nonpublic information as part of its performance of a Collier County project identified altoN a which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicits ions and contracts. In addition to this signed affidavit, the contro tor / vendor must provide the following: 1. All documents produced as a result oft c work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was c btained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meetin O, document(s) and/or other means. Failure to disclose all material or having an of anizational cmnflicl in one or more of the three categories above be identified, may result in the disqualification for future solicittll ons affiliated with the above referenced project(s). By the signature below, the firm (employees, od ficers, and/or agents)certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, r resent, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project ide t fied above has been fully disclosed and does not pose an organizational conflict. United Rentals (North America), Inc. Company Name Signature Print Name and Title 0 Stateof i--koftda County of c'fMQdd The fbm oing instrument was acknowledged ./ re me by means of D phynuence'0 online notarivation, this :'l day of (month), (year), y f(name ofpersonacknowledging)(nFABIoIAAIaNIZ Notary Public)ommkalon8aa200622 Bf7 (Print, Type, or Stamp Commissioned Name ofNotary Public) Personally Known ORProducedldentificaf 612M0231:36 PM I I p.28 County Solicitation 238145 County Services Division Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to v enrolled in the E-Verify program (htws://www.e-verifv.eov/) at the time of the submission of the Vendor's proposaVbid. Me eptable evidence of your enrollment consists of copy of the properly completed E- Verify Company Profile page or a copy ofthf fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of fendor's proposal/bid or within five (5) day of the Counry's Notice of Recommend Amard Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment pirt vision contained in 8 U.S.C. Section 1324 ate) Section 274A(e) of the Immigration and Nationality Act ("MA"). Collier County may consider the employment I y any Vendor of unauthorized aliens a violation of Section 274A(e) ofthe INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County, Vendor attests that they are fully compliant i fith all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware ofand in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the condition of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System I -Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of bmission of the Vendor's proposal/bid. United Rentals (North America), Inc. Company Name Signature Robert Carlson - Branch Manager Print Name and Title Stme of +\ot'dg County of 'aro bir?, The foregoing instrument was acknitwledged fpL Inc by tyeans of ®'physical presence or ❑ online notarization, thisQ&k day FABIOLA ALANIZ Fxplrer MPY 3, 2028 aO� yto_ l� (Print, Type, or Stamp Commissioned Name ofNotary Public) Personally Known OR Produced 6123/20231:36 PM I i P.29 Collier County Solicitation 23-8145 County Services Division Form 4 Reference Questionnaire Solicitation: 23-8145; Generator Rental Service Reference Questionnaire for: United Rentals (North America), Inc. bo Name:Tli AJ Ll r Company: (Evaluator completing referent'tt questioners PA MQ �.,AEvaluator's Company completing reference) /� Email: S-� �, �DDJfJle �3q� FAX: N Telephone: (9 -c1 Go/ .39( Collier County IV implemented a process lha xhilects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Namedf the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please completed a survey. Please we each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very sati5 ed (and would hire the fnm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/ind dival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or forth will scored "0." Project Description: rl 114 k C 1Owtt Completion Date: Project Budget: D 000 Pmjcci Number of Days: Item I Criteria Score (must be completed) I Ability to manage the project cost (minimize change orders to scope). \ 2 Ability to maintain project sched i e(complete on -time or early). 3 Quality ofwork. { Ire, 4 Quality ofconsultative advice p ided on the project. V1 5 Professionalism and ability tom age personnel. V l 6 Project administration (complete invoices; manuals or going forty J documents, final invoice, final product turnover; u d documentation, etc.) 7 Ability to verbally communicate a iddocument information clearly and succinctly. (r� 8 Abiltity to manage risks and une ected project circumstances. 1^ll 9 Ability to follow contract docum n its, policies, procedures, rules, regulations, etc. V 10 Overall comfort level with hin a company in the future (customer satisfaction). /rl TOTALS ORE OF ALL ITEMS 6/23/20231:36 PM I i p.30 Collier County Solicitation 238145 EXHIBIT I AND Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that jMA financial assistance will be used to fund all or a portion of the contract. The contractor will complith all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives If the Contractor subcontracts any�of the work required under this Agreement, a copy of the signed subcontract must be available to tk County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of worll under this Agreement, to the extent allowed and required by law. The County may document in the quark dy report the Contractors progress in performing its work under this ent. agreem On behalf of my firm, I acknowlecigolthe grant requirements identified in this document. VendorlContractor Name United Rentals (North America), Inc. Date 'I I25IV)5 Authorized EXHIBIT I - 8 6123120231:36 PM I I p.41 Collier County SdkAation 23-6145 EXHIBIT I CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontn document, that neither it nor its declared ineligible, or voluntarily e or agency. (2) Where the Sub -recipient's contract shall attach an explanatic CONTRACTOR United Rentals (North America By: Signature Robert Carlson - Branch Mane Name and Title 3400 NW 15TH ST Street Address LAUDERHILL. FL 33311 of the Sub -recipient, Collier County, certifies, by submission of this pals is presently debarred, suspended, proposed for debarment, led from participation in this transaction by any Federal department forth. unable to certify to the above statement, the prospective QFG7EC12DQK4 UEI Unique Entity Identifier (for SAM,gov verification) Sub -Recipient Name: DEM Contract Number: FEMA Project Number: of County Commissioners EXHIBIT I - 9 612M0231:WPM p.41 State of Florida Department of State I certify from the records of this office that UNITED RENTALS (NORTH AMERICA), INC. is a Delaware corporation authorized to transact business in the State of Florida, qualified on May 7, 2012. The document number of this corporation is F 12000001928. I further certify that said corporation has paid all fees due this office through December 31, 2023, that its most recent annual report/uniform business report was filed on January 25, 2023, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-fifth day of January, 2023 Sew reptal y Itf S tate Tracking Number: 3248658950CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:llservices.sunbiz.org/FilingsICertificateOfStatus/C ertificateAuthentication A� �® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/18/2022 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 Aon Risk Services Northeast, Inc. New York NY Office CONTACT NAME: (A/C.NNo. Ext): (866) 283-7122 (A'� No.): (800) 363-0105 E-MAIL ADDRESS: one Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: ACE American Insurance Company 22667 united Rentals (North America), Inc. united Rentals, Inc. & Subsidiaries 100 First Stamford Place, Suite 700 INSURERB: Indemnity Insurance Co of North America 43575 INSURER C: ACE Fire Underwriters Insurance Co. 20702 Stamford CT 06902 USA INSURER D: Zurich American Ins Co 16535 INSURERE: ACE Property & Casualty Insurance Co. 20699 INSURER F: COVERAGES CERTIFICATE NUMBER: 570095332280 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y XSLG47 55643 EACH OCCURRENCE $3 , 000 , 000 OCCUR SIR applies per policy terns & conditions DAMAGE TO RENTED $2,000,000 CLAIMS -MADE X❑ PREMISES (Ea occurrence) X MED EXP (Any one person) Excluded $2,000,000 SIR PERSONAL& ADV INJURY $3,000,000 GEMLAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $6, 000, 000 X POLICY ❑ PRO ❑ JECT LOC PRODUCTS - COMP/OP AGG $6,000,000 OTHER: A AUTOMOBILE LIABILITY Y Y ISA H10764361 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT Ea accident $5, 000, 000 BODILY INJURY ( Per person) X ANYAUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Per accident E X UMBRELLA LIAB X OCCUR XEUG27905997008 10/01/2022 10/01/2023 EACH OCCURRENCE $15,000,000 SIR applies per policy terms & conditions AGGREGATE $15,000,000 EXCESS I CLAIMS -MADE DED I X RETENTION B WORKERS COMPENSATION AND Y WLRC50735667 10/01/2022 10/01/2023 X I PERSTATUTE I OTH- ER EMPLOYERS' LIABILITY Y / N AOS E.L. EACH ACCIDENT $2,000,000 A ANY PROPRIETOR / PARTNER I EXECUTIVE N WLRC50735771 10/01/2022 10/01/2023 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A AZ CA MA E.L. DISEASE -EA EMPLOYEE $2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $2,000,000 A Excess WC WCUC50735825 10/01/2022 10/01/2023 EL Each Accident $2,000,000 WA EL Disease - Policy $2,000,000 SIR applies per policy terlIn s & condi ions EL Disease - Ea Emp $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) ADDITIONAL INFORMATION ATTACHED. Evidence of Coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. united Rentals (North America), Inc. AUTHORIZED REPRESENTATIVE United Rentals, Inc. & Subsidiaries 100 First Stamford Place, Suite 700 Stamford CT 06902 USA L a� w a� B N _B O 2 0 00 N M M 0 0 r u7 No E- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000086099 LOC #: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services Northeast, Inc. NAMEDINSURED United Rentals (North America), Inc. POLICY NUMBER see Certificate Number: 570095332280 CARRIER See certificate Number: 570095332280 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS WORKERS COMPENSATION C N/A SCFC50730803 WI 10/01/2022 10/01/2023 OTHER D MiSC Liab Cvg NSLI138282 TX Non -subscriber SIR applies per policy to 10/01/2022 ms & conditions 10/01/2023 CSL/TOT/IND/ occ $5,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Form W=9 (Rev. October 2018) Department of the 1rM=y Internal Revenue Service r) m C a c 0 00 0 P s ao U r a f17 07 m 1 Name (as shown on your im United Rentals {North 1 2 Business nameldisregarded Request for Taxpayer Glue Form to the Identification Number and Certification requester. Do not ■ www .irs.gov/Form to ww.frs.govlFormW9 far instructions and the latest information. send to the IRS. ie tax return). Name is required on this line; do not leave this IIne blank. lerica), Inc. Iity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered online 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entlties, not individuals; see Instructions on page a): ElIndividual/sole proprietor or J❑ C Corporation ❑ S Corporation ElPartnership ❑ TrusUestate single -member LLC Exempt payee code (if any)5 ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ■ Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC If the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC is code [if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner, iJ Other (see Instructions) Do- 5 Address (number, street, and apt. or suite no.) See Instructions. P.O. Box 100711 8 City, state, and ZIP code Atlanta GA 30384-0711 7 List account number(s) here (optional) Tawaver Identification Number (TIN) )Apples (o•c 13 mwwa,ed oun+cs tr,e us) Requester's name and address (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given an line 1 to avoid I Social security number backup withholding. Far individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions far Part I, later. For other - m T entities, it is your employer identification number JEIN). If you do not have a number, see Now to get a TIN, later. or Note: If the account is in more than ane name, see the instructions for line 1. Also see What Name and LLmplayer identification number Number To Give the Requester for guidelines on whose number to enter. j—F-1 i3o�n0©�lEl[cll� Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting fora number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the cart' ication, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of Michael V. Sala Here U.S. person ■ porector,Global Tax oats■ January 3, 2023 General Instructions • Form 1099-DIV )dividends, including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise ■ Form 1099-MISC (various types of Income, prizes, awards, or gross noted, proceeds) Future developments. For the latest information about developments • Form 1 D99-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) after they were published, go to www.its. govlFormW9. • Form 1099-5 (proceeds from real estate transactions) Purpose of Form ■ Form 1099-K (merchant card and third party network transactions) An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (Flame mortgage interest), 1098-E (student loan interest), information retum with the IRS must obtain your correct taxpayer 1098-T (tuition) identification number (TIN) which may be your social security number . Form 1099-C (canceled debt) (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number .Farm 1099 A (acquisition or abandonment of secured property} (EIN), to report on an information return the amount paid to you, or other Use Form W-9 only if you are a U.S. person (including a resident amount reportable an an information return. Examples of information alien), to provide your correct TIN, returns include, but are not limited to, the following. If you do not return Form W-8 to the requester with a TfN, you might • Form 1099-INT (interest earned or paid) be subject to backup withholding, See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COU NTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT will be verified. Unverifade statuses will require the PR ME to either proi-ade a reoised statement or provide source documentation t iat validates a I A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FE D NUMBER CONTRACT DOLLAR AMOUNT United Rentals North America), Inc. 86-0933835 -_E}}":=',)DD:=RTIHEDDISACI'ANTAGED. =-EIAN Y N 15THEACTIVITYOFTHIS OONTRACT._ MINCIA.TYORY;OWENBUSINESSENTERPRISE? DBE? V J CONSTRUCTION? Y N ;DBEPABEMBE) OR HAVE ASMALL DISADVAhTAGED BUSINESS SA€ERTIFICATIONFROM THE SMALL BUSINESS ADMINISfRATIONT A5ERVICEDISABLED VETERAN ' MBE? Y WIDE? Y `J CONSULTATION? OTHER? Y N O SDB FLA? Y IS THIS SUBMISSION A REVISION? 'i N F YES. REVISION NUMBER D. IF PR1ME HAS SUBCONTRAUOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE WWBE 5UEKONTRACTORORSU.PPUER TYPEOFWORKOR ETHNICITYCOD-E I SUBJSLIPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY 'Sea Be owl DOLLAR AMOUNT DOLLARS TOTALS I C. SECTION TO BE COMPLETED BY PRIME VEND 0RJCONTRACTOR I NAME OF SUBMITT E R I DATE I TTT LE O F SU B hATTTER Robert Carlson 8.24.23 Branch Manager EMAIL ADDRESS OFPRIME {SUBMI17` EMI T'-LEPHONENUMB E; KNUM BER govrents@ur.com 1 877-874-4468 877-735-7450 N -'_: -his information is wed to track and report anticipated DBE or MBE participation in federally-furrcied contracts- The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terns. This form mwt be submitted at time of response to a sol icitation- If and when awarded a County contraC, the prime will be asked to update the information for the grant compliance files. E7EMOTK I®E Bla&ArrrEv¢an BA Hispanickmerican HA NativeAFnetican NA, Subcont. Asian American 5AA Asian adricAmerican APA Nan -Minority Women NPAW Other: not of any other group listed Cl I D. SECTION TO BE COMPLETED BY COWER COUNTY I DEPARTMENT NAME I OW ER c3DNTRA€ r # f IFBfRfP ar POIREOS I GRANT PR OG RAWCONTR.ACT II ACCEPTED EIV_ I DATE I EXHIBIT I - 10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. United Rentals (North America), Inc. Contractor (Firm Name) Signature of Contractor's Authorized Official Robert Carlson - Branch Manager Name and Title of Contractor's Authorized Official 8/24/23 Date EXHIBIT I - 11 Cof per County Procurement Services Division Date: 7/25/2023 Email: lisa.oien@colliercountyfl.gov Telephone: (239) 252-8375 Addendum #1 From: Lisa Oien, Procurement Strategist To: Interested Bidders Subject: Addendum #1 23-8145 Generator Rental Services The following clarifications are issued as an addendum: Change 1: Bid Due Date extended Bids Due July 25, 7072 August 8, 2025 Change 2: Question and Answer period extended Question and Answer Deadline hily 18, 2023 August 1, 2023 If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) United Rentals (North America), Inc. (Name of Firm) 7.26.2023 Date ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF OHS THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A DESIGNATED AGENT ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS), United Rentals (Employer), and ADP (Designated Agent) regarding the Employer's and Designated Agent's participation in the Employment Eligibility Verification Program (E-Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), the Employer, and the Designated Agent. References to the Employer include the Designated Agent when acting on behalf of the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA SSA agrees to provide the Employer (through the Designated Agent) with available information that will allow the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide the Employer and Designated Agent appropriate assistance with operational problems that may arise during the Employer's participation in E- Verify. SSA agrees to provide the Designated Agent with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. Page 1 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent I Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF DHS 3. SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer (through the Designated Agent) access to selected data from DHS's database to enable the Employer (through the Designated Agent) to conduct, to the extent authorized by this MOU: • Automated verification checks on alien employees by electronic means, and Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer and Designated Agent appropriate assistance with operational problems that may arise during the Employer's participation in E-Verify. DHS agrees to provide the Designated Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer (through the Designated Agent), the E-Verify User Manual containing instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer (through the Designated Agent) a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer (through the Designated Agent) anti -discrimination Page 2 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent I Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF DHS notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Designated Agent a user identification number and password that will be used exclusively by the Designated Agent, on behalf of the Employer, to verify information provided by alien employees with DHS's databases. 6. DHS agrees to safeguard the information provided to DHS by the Employer (through the Designated Agent), and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government workdays of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER The Employer agrees to display the notices supplied by DHS (through the Designated Agent) in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. The Employer will obtain the E-Verify User Manual from the Designated Agent. 4. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: Page 3 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent I Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF DHS • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 1-888-464-4218. • If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non -matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. 5. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph 4 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E- Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 6. The Employer agrees to initiate E-Verify verification procedures (through the Designated Agent), for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the Page 4 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent I Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF DHS period of unavailability. In all cases, the Employer (through the Designated Agent), must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification, through the Designated Agent, by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer (through the Designated Agent) performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 7. The Employer agrees not to use E-Verify procedures for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify (through its Designated Agent) for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 8. The Employer (through its Designated Agent) agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 9. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non -match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work, or otherwise mistreating an employee) until and unless Page 5 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent i Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF DHS secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E- Verify at 1-888-464-4218 or OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 10. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration -related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1- 800-237-2515 (TDD). 11. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 12. The Employer agrees that it will use the information it receives from SSA or DHS (through the Designated Agent) pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 13. The Employer acknowledges that the information which it receives through the Designated Agent from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 14. The Employer agrees to cooperate with DHS and SSA in their compliance Page 6 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent I Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF DHS monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS The Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E- Verify. a. Federal contractors not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Federal contractors already enrolled at the time of a contract award: Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. C. Institutions of higher education, State, local and tribal governments and Page 7 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent I Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF OHS sureties: Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article 11, part D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local , tribal governments, and sureties. d. Verification of all employees: Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E-Verify verification of all existing employees within 180 days after the election. e. Form 1-9 procedures for Federal contractors: The Employer (through its Designated Agent), may use a previously completed Form 1-9 as the basis for initiating E-Verify verification of an employee assigned to a contract as long as that Form 1-9 is complete (including the SSN), complies with Article II.C.4, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1-9 complies with Article I I.C.4, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form I- 9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.4, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up- to-date and the form otherwise complies with Article II.C.4, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.4, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor. Page 8 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent I Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF DHS 2. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. E. RESPONSIBILITIES OF THE DESIGNATED AGENT 1. The Designated Agent agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Designated Agent representatives who will be accessing information under E-Verify. 2. The Designated Agent agrees to become familiar with and comply with the E-Verify User Manual and provide a copy of the manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. 3. The Designated Agent agrees that any Designated Agent Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Designated Agent agrees that all Designated Agent representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Designated Agent and Employer from continued use of the program. 4. The Designated Agent agrees to obtain the necessary equipment to utilize E-Verify. 5. The Designated Agent agrees to provide the Employer with the notices described in Article II.B.4 above. 6. The Designated Agent agrees to initiate E-Verify procedures on behalf of the Employer in accordance with the E-Verify Manual and E-Verify Web -Based Tutorial. The Designated Agent will query the automated system using information provided by the Employer and will immediately communicate the response back to the Employer. If the automated system to be queried is temporarily unavailable, the 3- day time period is extended until it is again operational in order to accommodate the Designated Agent's attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. In all cases, the Designated Agent will use the SSA verification procedures first, and will use DHS verification procedures only as directed by the SSA verification response. 7. The Designated Agent agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon Page 9 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent I Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF DHS reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer (through the Designated Agent), will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system -generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer (through the Designated Agent) within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the Page 10 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent I Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF DHS photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer (or the Designated Agent) will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non - match. ARTICLE IV SERVICE PROVISIONS The SSA and DHS will not charge the Employer or the Designated Agent for verification services performed under this MOU. DHS is not responsible for providing the equipment needed to make inquiries. A personal computer with Internet access is needed to access the E-Verify System. ARTICLE V Page 11 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent I Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 PARTIES �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF DHS A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate access to E-Verify if it is deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Designated Agent or the Employer, or a failure on the part of either to comply with established procedures or legal requirements. The Employer understands that if the Employer is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the Employer's performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Designated Agent, the Employer, or their agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Designated Agent or the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Designated Agent or the Employer. Page 12 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent i Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF DHS F. Participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS, the Employer and the Designated Agent. United Rentals (Employer) hereby designates and appoints ADP (Designated Agent), including its officers and employees, as the Designated Agent for the purpose of carrying out United Rentals (Employer) responsibilities under the MOU between the Employer, the Designated Agent, and DHS. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer, the Designated Agent and DHS respectively. If you have any questions, contact E-Verify at 1-888-464-4218. Page 13 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent I Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify, Company ID Number: 32855 Client Company ID Number: 234401 Approved by: Employer United Rentals Name (Please Type or Print) Signature Designated Agent ADP Andrea Byerly Name (Please Type or Print) Electronically Sianed Signature Department of Homeland Security — Verification Division USCIS Verification Division Name (Please Type or Print) Electronically Signed Signature Title Date Title 07/30/2009 Date Title 07/30/2009 Date �,L SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF OHS Page 14 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent I Revision Date10/29/08 www.dhs.gov/E-Verify ! E-Verify. Company ID Number: 32855 Client Company ID Number: 234401 Information Required For the E-Verify Designated Agent Program Information relating to your Company: Company Name: United Rentals Company Facility Address: Five Greenwich Office Park Greenwich, CT 06831 County or Parish: FAIRFIELD Employer Identification Number: 61522496 North American Industry Classification Systems Code: 532 Parent Company: Number of Employees: 10,000 and over �y SEC(i _�` 'ate, Illllll,�,oz s I51RQ' -VERIFY IS A SERVICE OF OHS Page 15 of 15 1 E-Verify MOU for Employer (Client) using a Designated Agent I Revision Date10/29/08 www.dhs.gov/E-Verify Collier County Solicitation 23-8145 Solicitation 23-8145 Generator Rental Services Solicitation Designation: Public C.,0 7 County Collier County 6/23/2023 1:36 PM P. 1 Collier County Solicitation 23-8145 Solicitation 23-8145 Generator Rental Services Solicitation Number 23-8145 Solicitation Title Generator Rental Services Solicitation Start Date Jun 23, 2023 3:35:58 PM EDT Solicitation End Date Jul 25, 2023 3:00:00 PM EDT Question & Answer Jul 18, 2023 5:00:00 PM EDT End Date Solicitation Contact Lisa Oien Procurement Strategist 239-252-8935 Lisa.Oien@Colliercountyfl.gov Contract Duration 3 years Contract Renewal One renewal for 2-year Contract Prices Good for 180 days Solicitation Comments Multiple County Divisions use generators of various manufacturers, sizes, and horsepower in their daily operations. Divisions utilize contracted services to provide rental generators to ensure continued operation, address future growth, and increase asset lifespan. The rentals are required to provisionally replace existing equipment that is not functioning, renovations of facilities, special events, and times declared a State of Emergency requiring a generator for short or long-term use. This coordinated contract will enable the County Divisions to utilize this service efficiently. Item Response Form Item 23-8145--01-01 - 23-8145 - Generator Rental Services Quantity 1 each Unit Price $1,310,262.00 Delivery Location Collier County 1. Procurement Services 3295 E. Tamiami Trail Building C2 Naples FL 34112 Qty 1 Description Provide pricing on Bid Schedule in Excel format 6/23/2023 1:36 PM p. 2 Collier County Solicitation 23-8145 Cod e,r Count y Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR GENERATOR RENTAL SERVICES SOLICITATION NO.: 23-8145 LISA OIEN, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8935 Lisa.Oien@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 6/23/2023 1:36 PM p. 3 Collier County SOLICITATION PUBLIC NOTICE Solicitation 23-8145 INVITATION TO BID (ITB) NUMBER: 23-8145 PROJECT TITLE: Generator Rental Services DUE DATE: July 25, 2023, at 3:00 PM, EST PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsyne.com/bidsyne-cas/ INTRODUCTION As requested by the Public Utilities Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $200,000 annually; however, this may not be indicative of future buying patterns. BACKGROUND. Multiple County Divisions use generators of various manufacturers, sizes, and horsepower in their daily operations. Divisions utilize contracted services to provide rental generators to ensure continued operation, address future growth, and increase asset lifespan. The rentals are required to provisionally replace existing equipment that is not functioning, renovations of facilities, special events, and times declared a State of Emergency requiring a generator for short or long-term use. This coordinated contract will enable the County Divisions to utilize this service efficiently. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) year with one two (2) year renewal option. All prices will remain firm for the duration of the contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows: ➢ The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. ➢ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price, lowest discount, or criteria established in the solicitation as outlined below: 6/23/2023 1:36 PM p. 4 Collier County • Lowest Total Bid Solicitation 23-8145 ➢ Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • Award Primary and Secondary ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. DETAILED SCOPE OF WORK 1. GENERAL REQUIREMENTS 1.1. Rental services shall include all equipment, labor, materials, supplies, including support accessories, transportation, delivery to County designated location, pickup and removal. 1.2. Rental rates will include, daily, weekly, and monthly rental periods. No additional fees shall be charged to the County for run hours added to the generator during the normal rental period. 1.3. The generators shall be delivered and, if requested by the Division Representative or designee, installed (setup) and tested (startup) upon delivery, any setup and startup fee will include disconnection (teardown) upon rental period expiration. The setup and startup shall be a one-time fee per generator per rental period requested and shall be added as a separate invoice line item. 1.4. Any additional fifty (50) feet of cable(s) and hardwire pigtail(s) shall be added as a separate invoiced line item upon request by the Division Representative or designee. This shall be a one-time fee per generator per rental period requested. 1.5. An additional 2,500-gallon skid mounted fuel tank including initial fueling shall be delivered upon request and, if requested by the Division Representative or designee, installed (set-up) and tested (startup) upon delivery and disconnected (teardown) upon rental period expiration. 1.6. The awarded Contractor shall ensure the delivered generators remain operational while on the County's property by performing periodic startup and full systems check at least monthly (where applicable) to be coordinated with the Division Representative or designee. 1.7. Contractor shall be responsible for providing equipment maintenance, repairs, and on -site technical support as needed. 1.8. The Contractor shall perform a joint inspection with the Division Representative or designee upon completion of all work, unless waived by the Division Representative or designee prior to submitting the final invoice. 1.9. The Contractor will provide a Hurricane Response Plan upon award of the contract. Updates to the plan must be submitted by May I" annually. The Hurricane Response Plan at a minimum should update the number of generators the Contractor has available and the method of distribution in the event of a storm, the number and location of staff to provide generators, and alternative locations that Contractor will receive assistance from in the event the location closest to Collier County suffers damage. 2. ASSIGNMENT OF WORK 2.1. The Contractor shall provide a company contact name, phone number and email address for all requests. The Contractor shall be available twenty-four (24) hours per day, 365 days per year, in the event of an urgent request. 2.2. The Contractor shall be provided requests and instructions for supply and delivery of generators by the Division Representative or designee on an as -needed basis by means of a telephone call or email, and a Purchase Order (PO) will be issued. 2.3. No generators shall be delivered until the Contractor is in receipt of a Purchase Order (PO) from the Division Representative or designee. 3. RESPONSE TIMES 3.1. Normal Service Requests 6/23/2023 1:36 PM p. 5 Collier County Solicitation 23-8145 • Contractor shall acknowledge a normal service request either verbally or email within one (1) day from the time the Division Representative or designee issues the request. • After receipt of order from the Division Representative or designee, the Contractor shall deliver and, if requested, setup and startup the requested generator(s) and cable(s) and hardwire pigtails within two (2) business days. • Any need for extension of time shall be approved either verbally or via email by the Division Representative or designee. 3.2. Urgent Service Requests Contractor shall acknowledge an urgent service request either verbally or via email within one (1) hour of the request being sent by the Division Representative or designee. Contractor shall deliver and, if requested, setup and startup the requested generator(s) and cable(s) within two (2) hours after receipt of order from the Division Representative or designee, unless the Division Representative or designee agrees to a different arrival time. A response time exceeding the two (2) hours must be approved by the Division Representative or designee. The Contractor shall invoice urgent service requests accordingly at the daily, weekly, or monthly generator rate plus an urgent service delivery charge as listed on the bid schedule. The urgent delivery charge can only be invoiced once per service request. 3.3. The Division Representative or designee reserves the right to cancel an order and place the order with another Contractor without cost or obligation to the County if the order's response/delivery time is not met within the preapprove County timeframe. 3.4. In cases of a forecasted natural disasters or declared emergency event, the County will provide the Contractor with a list of generators that they anticipate being needed for the event. The intention of the list is to prepare the Contractor ahead of time regarding the specific equipment needs that may arise. The County will keep in contact with the Contractor as to the status of the need for the equipment. 3.5. If equipment cannot be provided locally, the Contractor is expected to bring in equipment from another location or through a subcontractor to meet the needs of the County during a natural disaster or declared emergency event. Subcontractor charges may be invoiced at cost plus 15% markup. 3.6. For any rental request during a natural disaster or declared emergency event the Contractor may invoice for any additional freight charges that apply for any out of area delivery. The Contractor must provide copies of receipts for applicable additional freight charges, within the itemized invoice. 3.7. For any rental requested by the Division Representative or designee during a declared natural disaster or emergency event the Contractor may charge 1.5 times the established rates (rate x 1.5 = emergency rate). The County reserves the right to request services from Contractors outside of the awarded contract, during a declared local natural disaster or emergency even until the rental is no longer required. 3.8. 4. DELIVERY 4.1. The Contractor shall coordinate delivery with the Division Representative or designee so there is minimal to no interruption to daily work at any location. 4.2. It is the County's intent that all deliveries for normal requests be provided during normal business hours, defined as Monday through Friday 7:00 a.m. - 5:00 p.m., except for County observed Holidays. Delivery requests made outside of normal business hours shall be pre -arranged and approved by the Division Representative or designee. There shall be no additional billable costs for deliveries on normal service requests provided outside of normal business hours. 4.3. Some County sites may be unmanned at time of delivery. The Contractor shall confirm with the Division Representative or designee on arranging delivery services to these sites. 4.4. The rental generators and any additional tanks shall be delivered with a full tank of fuel or fueled by the Contractor upon delivery. The County will be responsible for adding fuel as needed during the rental period. Charges for the Contractor supplied fuel that is used by the County and not replenished prior to Contractor picking the unit back up after the rental period shall be invoiced to the County at current fuel cost. Fuel receipts shall be provided with the invoice. 4.5. The Contractor warrants that upon delivery, the equipment rented hereunder shall be in good working condition. If the equipment is not in good working condition upon delivery, the Contractor shall promptly repair or replace the equipment at its sole expense. If the equipment requires repair or replacement during the rental period, the Contractor shall promptly repair 6/23/2023 1:36 PM p. 6 Collier County Solicitation 23-8145 or replace the equipment at its sole cost and expense; however, if the repair or replacement is due to the County's abuse, misuse, or neglect, the County shall be responsible for the cost of such repair or replacement. 5. SAFETY 5.1. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), the National Institute of Occupational Safety Hazards (NIOSH), the American National Standards Institute (ANSI), the National Fire Protection Association (NFPA), the Crane Manufacturers Association of America, Inc. (CMAA), National Electric Code (NEC), American Society of Mechanical Engineers (ASME), and other State and County rules and regulations while performing work under the resultant Contract. 5.2. Appropriate barricades and signs shall be provided and utilized by the awarded Contractor when work is performed in areas traversed by persons, or when deemed necessary by the County. 5.3. The Contractor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury to any persons within and around the work site. 5.4. The Contractor shall be responsible for any damage to County or personal property due to negligence on the part of the Contractor or their employees. Restorations shall be made to the County's satisfaction. 5.5. Hazardous conditions shall be immediately reported to the County. 5.6. 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. 5.7 The Contractor(s) 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. 5.8 All the 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(s) 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. 5.9 Collier County Sheriff's Office 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(s) is responsible for all costs. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** 6/23/2023 1:36 PM p. 7 Collier County Solicitation 23-8145 GENERAL BID INSTRUCTIONS 1. PURPOSE/OBJECTIVE As requested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or "Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified Firms/Vendors/Contractors in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful Vendor will hereinafter be referred to as the "Vendor". All bids must be submitted on the Bid forms furnished by the County noted in Attachments of this ITB. Bidder may be deemed non -responsive if the Bid forms are not properly executed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non -responsive. 2. QUESTIONS 2.1 Direct questions related to this Bid to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. 2.2 Bidders must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 3. COMPLIANCE WITH THE BID Bidders must be in strict compliance with this ITB. Failure to comply with all provisions of the ITB may result in disqualification. 4. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFP It is the sole responsibility of the vendor if they discover any ambiguity, conflict, discrepancy, omission or other error in the ITB, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the bid. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this ITB from the Procurement Services Division. 5. PRICING Vendors must provide rp ices using the unit of measure specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined. 6. ALTERNATE BID PRICING In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids 6/23/2023 1:36 PM p. 8 Collier County Solicitation 23-8145 responses received without pricing for all alternates as listed may be considered technically non -responsive. 7. EQUAL PRODUCT Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found by the County to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, the Vendor must contact the Procurement Services Division for instructions on submittal. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 8. DISCOUNT Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 9. ADDENDA The County reserves the right to formally amend and/or clarify the solicitation where it deems necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all Vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those Vendors who downloaded the ITB document. All addendums are posted on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. Before submitting a bid response, please make sure that you have read all documents provided, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in deeming your submittal non -responsive. 10. BID SUBMISSION All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ 11. QUESTIONS If the Vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Procurement Services Division Internet website: https://www.bidsync.com/bidsync-cas/. Questions will not be answered after the date and time noted. 6/23/2023 1:36 PM P. 9 Collier County Solicitation 23-8145 Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 12. PROTESTS PROCEDURES 12.1 Any Vendor who alleges to be aggrieved in connection with the solicitation or award of a contract, may protest to the Procurement Services Director, who shall serve as the sole receipt of the any and all notices of intent to protest and all formal protests. 12.2 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 12.3 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 12.4 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 12.5 Complete instructions for formal protest are set forth in Section 23 of Collier County Procurement Ordinance 2017-08, as amended. The protesting party must have standing as defined by established Florida case law to maintain a protest. 13. IMMIGRATION AFFIDAVIT CERTIFICATION 13.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (ITB) including professional services and construction services. 6/23/2023 1:36 PM P. 10 Collier County Solicitation 23-8145 (1) Exceptions to the program: (a) Commodity based procurement where no services are provided. (b) Where the requirement for the affidavit is waived by the Board of County Commissioners. 13.2 Vendors are required to be enrolled in the E-Verify program at the time of submission of the bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALBID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. 13.3 Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. All vendors shall familiarize themselves with the statutory requirements set fort in the Florida Statutes §448.095 pertaining to the responsibilities of Public Employers, Contractors and Subcontractors. 13.4 For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 13.5 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sec . and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. LOBBYING After the issuance of any solicitation, no current or prospective Vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective Vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -Eight of Procurement Ordinance 2017-08, as amended. 6/23/2023 1:36 PM P. 11 Collier County Solicitation 23-8145 15. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL STATUTE 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document should be submitted with the solicitation response and the document number should be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. LOCAL VENDOR PREFERENCE (LVP) Any Vendor claiming local vendor preference must complete the required form and submit a Collier or Lee Business Tax receipt with their submission. 17. GENERAL INFORMATION When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall conduct a random selection (coin toss) by the Procurement Services Director before at least three witnesses. 18. BID AWARD PROCESS Award shall be made in a manner consistent with the County's Procurement Ordinance. Award recommendations will be posted on the Collier County Procurement Services Online Bidding system Online Bidding system website: https://www.bidsync.com/bidsync-cas/. 19. RESERVED RIGHTS Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. 20. INSURANCE AND BONDING REQUIREMENTS 20.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall be required to provide the Certificate of Insurance(s) with the limits set forth in the solicitation within five (5) days upon notification of selection for award. If the Vendor cannot provide the document within the referenced timeframe, the County reserves the right to award to another Vendor. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 6/23/2023 1:36 PM p. 12 Collier County Solicitation 23-8145 20.2 The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 20.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 20.4 Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." 20.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 20.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 20.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. 20.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 20.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 6/23/2023 1:36 PM p. 13 Collier County Solicitation 23-8145 20.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under the Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 20.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 21. ADDITIONAL ITEMS AND/OR SERVICES Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 22. VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. The County reserves the right to take into consideration a Vendor's past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. 23. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 23.1 The selected Vendor may be required to sign a standard Collier County contract or accept the County's Purchase Order terms and conditions to serve as a formal contact. 23.2 The resultant contract(s) may include purchase or work orders issued by the County's Project Manager (a/k/a Contract Administrative Agent). 23.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements other documents or agree to any exceptions to the County's terms and conditions provided by the Vendor. 23.4 The County's Project Manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 6/23/2023 1:36 PM p. 14 Collier County Solicitation 23-8145 24. PUBLIC RECORDS COMPLIANCE 24.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) 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 & Public Affairs Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 24.2 The Contractor must specifically comply with the Florida Public Records Law to: 24.2.1 Keep and maintain public records required by the public agency to perform the service. 24.2.2 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. 24.2.3 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. 24.2.4 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. 25. PAYMENT METHOD Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: Purchase Order Number and description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: 6/23/2023 1:36 PM p. 15 Collier County Solicitation 23-8145 Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk(&collierclerk.com 25.1 Payments will be made for articles and/or 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 contract. 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 the agreement. 25.2 In instances where the successful Vendor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 25.3 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 26. ENVIRONMENTAL HEALTH AND SAFETY 26.1 All Vendors and Sub Vendors 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. Vendors and Sub Vendors 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. All firewall penetrations must be protected in order to meet Fire Codes. 26.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. 26.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 26.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 6/23/2023 1:36 PM p. 16 Collier County Solicitation 23-8145 27. LICENSES 27.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to DEEM VENDOR NON -RESPONSIVE. A Vendor, with an office within Collier County is also required to have an occupational license. 27.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. 27.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 28. SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 29. RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 30. TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 31. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit 6/23/2023 1:36 PM p. 17 Collier County Solicitation 23-8145 bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 32. SECURITY AND BACKGROUND CHECKS 32.1 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. 32.2 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. 32.3 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. 32.4 Collier County Sheriffs Office 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 vendor is responsible for all costs. 33. CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this ITB document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a Vendor from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 34. 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, the current Collier County Ethics Ordinance 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 6/23/2023 1:36 PM p. 18 Collier County Solicitation 23-8145 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, ITB, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 35. DEDUCTION FOR NON-PERFORMANCE The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 36.OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 37. FLORIDA WOOD PRODUCTS The Vendor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 38. STANDARDS OF CONDUCT The Vendor shall employ people to work on County projects who are neat, clean, well- groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor 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. 39. PROTECTION OF PROPERTY The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager shall coordinate with the Vendor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 40. COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a 6/23/2023 1:36 PM P. 19 Collier County Solicitation 23-8145 detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document. 41. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Procurement Services Division and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 42. DEBRIS Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 43. DIRECT MATERIAL PURCHASE 43.1 The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: 43.1.1 Required quantities of material 43.1.2 Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable 43.1.3 Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 44. GRANT COMPLIANCE The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. The Vendor agrees 6/23/2023 1:36 PM p. 20 Collier County Solicitation 23-8145 include with the bid submission all the completed and fully executed Grant documents provided as an attachment to the solicitation, or you may BE DEEMED NON- RESPONSIVE. 45. EQUIPMENT Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required by the County, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and obtain documentation of the Vendor's cost for time and material projects, and to withhold payments until documentation is provided. All County -purchased equipment must be new and of current manufacture in production at the time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. 46. STORAGE TANK INSTALLATION AND CLOSURE REQUIREMENTS (43-46 where applicable) The contractor shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDEP chapter 62 regulations: specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. The contractor shall notify the Solid& Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 47.62-761.300 APPLICABILITY 47.1 General Requirements: 47.1.1 Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and 6/23/2023 1:36 PM p. 21 Collier County Solicitation 23-8145 operators of UST systems with individual storage tank capacities greater thanl 10 gallons that contain or contained: (1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 (2) Pollutants or hazardous substances after December 10, 1990; or (3) Regulated substances in unmaintained storage tank systems. 47.1.2 This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100 gallons containing motor fuels are subject to Federal UST rules (advisory information only -not required by this Chapter). 48.62-762.301, F.A.C. APPLICABILITY 48.1 General Requirements: 48.1.1 Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of aboveground stationary storage tank systems with individual storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 (1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984; (2) Pollutants after March 12, 1991; or (3) Pollutants in unmaintained storage tank systems. 48.1.2 Aboveground compression vessels and hazardous substance storage tank systems: Owners and operators of compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing hazardous substances are only required to comply with subsections 62- 762.401(1)-(2), F.A.C. 48.1.3 Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of aboveground mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral acids are only required to comply with Rule 62-762.891, F.A.C. 49. POLLUTION PREVENTION The Vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 50. DEFINITIONS 62-761.200(11) and 62-762.201(16), F.A.C.: "County" means a locally administered program under contract with the Department to perform compliance verification activities at facilities with storage tank systems. 62-761.200(48) and 62-762.201(62), F.A.C.: "Pollutants" includes any "product" as defined in Section 377.19(11), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas. 6/23/2023 1:36 PM p. 22 Collier County Solicitation 23-8145 62-761.200(51) and 62-762.201(65), F.A.C.: "Product" as defined in Section 377.19(11), F.S., means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. 62-761(73) and 62-762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fuel motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails. Certification: The Vendor hereby agrees to comply with the instructions above, by submission of a bid/proposal. 6/23/2023 1:36 PM p. 23 Collier County Solicitation 23-8145 Bid Schedule ITB 23-8145 Generator Rental Services The quantities listed in the bid schedule are approximate and are for the purpose of bid evaluation. The County reserves the right to order any quantity during any period but does not guarantee any minimum or maximum. During a declared natural disaster or emergency event the Contractor may charge 1.5 times the established rates (rate x 1.5 = emergency rate) Generator Rental Rates Item Generator Size or sufficient power to Generator Setup and Monthly Quantity Total No. accommodate Daily Rate Weekly Rate Startup Fee* Rate 1 10 - 50 KW 10 782.00 1271.00 2693.00 $ 600.00 $ 53460.00 2 51 - 99 KW 50 900.00 1658.00 3900.00 $ 600.00 $ 352900.00 3 100 - 150 KW 30 900.00 1658.00 3900.00 $ 600.00 $ 211740.00 4 151 - 199 KW 20 1124.00 2359.00 4648.00 $ 600.00 $ 174620.00 5 200 - 249 KW 10 1456.00 2714.00 6028.00 $ 600.00 $ 107980.00 6 j 250 - 400 KW 5 1578.00 3295.00 7063.00 $ 600.00 $ 62680.00 7 401 - 499 KW 1 3107.00 7695.00 20000.00 $ 600.00 $ 31402.00 8 500 - 749 KW 1 3107.00 7695.00 20000.00 $ 600.00 $ 31402.00 9 750 - 799 KW 1 3058.00 7173.00 20374.00 $ 600.00 $ 31205.00 10 800 - 999 KW 1 3058.00 7173.00 20374.00 $ 600.00 $ 31205.00 11 1000 - 1249 KW 1 4550.00 12165.00 33450.00 $ 600.00 $ 50765.00 12 1250 - 1499 KW 1 4550.00 12165.00 33450.00 $ 600.00 $ 50765.00 13 1500 - 1749 KW 1 4550.00 12165.00 33450.00 $ 600.00 $ 50765.00 14 j 1750 - 2000 KW 1 5576.00 14639.00 37883.00 $ 600.00 $ 58698.00 $ 1299587.00 Generator Rental Rates Subtotal Additional Fees (only upon request by the County above providing of generator.) Item Description Qty Rate Total No. 17 Cable Fee (400 amp) 50' each and 25 227 $ 5675.00 Hardwire Pigtail 2,500 gallon skid mounted fuel tank and 18 accessories to be delivered for the rental 3 No Bid $ No Bid period- set up, start up, initial fueling and teardown included Urgent Service Delivery Charge - not to Exceed $500.00 19 (not applicable to Natural disasters or 10 500 $ 5000.00 declared emergency events - Sections 3.5 3.8) Additional fees $ 10675.00 Subtotal Total Bid $ 1,310,262.00 * Generator Startup and Setup Fee only if requested 6/23/2023 1:36 PM p. 24 Collier County Solicitation 23-8145 Co ie-r County Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. General Bid Instructions has been acknowledged and accepted. Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. Vendor MUST be enrolled in the E-Verify - https://www.e-verify.pov/ at the time of submission of the proposal/bid. Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Form 4: Reference Questionnaire form must be utilized for each requested reference and included with your submittal, if applicable to the solicitation. Form 5: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. [� Vendor W-9 Form. Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. The Bid Schedule has been completed and attached with your submittal, applicable to bids. Copies of all requested licenses and/or certifications to complete the requirements of the project. All addenda have been signed and attached. County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. 6/23/2023 1:36 PM p. 25 Collier County Solicitation 23-8145 Co ie-r County Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 21 Lee , in the State of Florida Firm's Legal Name: Herc Rentals Inc. Address: 27500 Riverview Center Blvd City, State, Zip Code: Bonita Springs, FL 34134 Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: 819124 1 3 6 1 7 4 1 2 7 239-301- 1345 hercbids@hercrentals.com Jason Oosterbeek, Vice President day of July 2023in the County of 6/23/2023 1:36 PM p. 26 Collier County Solicitation 23-8145 Additional Contact Information Send payments to: Herc Rentals Inc. (required if different from Company name used as payee above) Contact name: Accounts Receivable Title: Address: PO Box 936257 City, State, ZIP Atlanta, GA 31193 Telephone: Email: Herctimechecks@hercrentals.com Office servicing Collier County to place orders (required if different from above) Contact name: Brennon Dauginikas Title: ProSolutions Representative Address: 12500 Tamiami Trail City, State, ZIP Punta Gorda FL 33955 Telephone: 941-314-1906 Email: brennon.dauginikas@hercrentals.com 6/23/2023 1:36 PM p. 27 Collier County Solicitation 23-8145 Co ie-r County Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Herc Rentals Inc. Company Name Signature Jason Oosterbeek, Vice President Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 21 day of July (month), 2o23 (year), by Jason Oosterbeek, Vice President (name of son ac ging). (Signature of Notar Public) Nina Aide (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced 6/23/2023 1:36 PM p. 28 Collier County Solicitation 23-8145 Co ie-r County Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (big2s://www.e-verify.jzov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (S) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALBID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Herc Rentals Inc. Company Name Signature Jason Oosterbeek, Vice President Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 21 day of July (month), 2023 (year), by Jason oosterbeek, Vice President (natile ofperAon acknowledging). otary Public) Nina Aide (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification -------------------------- Type of Identification Produced 6/23/2023 1:36 PM p. 29 Collier County Co ie-r County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Solicitation 23-8145 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Completion Date: Project Number of Days: Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS 6/23/2023 1:36 PM p. 30 Collier County Solicitation 23-8145 FORM 5 IF APPLICABLE GRANT PROVISIONS AND ASSURANCES FORMS ARE PROVIDED IN A SEPARATE PACKAGE AND MUST BE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. 6/23/2023 1:36 PM p. 31 Collier County Solicitation 23-8145 CONFIRM ALL REQUIRED LICENSES AND FORMS ARE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. 6/23/2023 1:36 PM p. 32 Collier County Solicitation 23-8145 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://aggs.fldfs.com/bocexcmpt/ 2. ® Employer's Liability $_1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily ISO form 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. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ® Other insurance as noted: ❑ Watercraft 7. ❑ Bid bond $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution ❑ Professional Liability $ ❑ Project Professional Liability ❑ Valuable Papers Insurance ❑ Cyber Liability $ 1,000,000 Per Occurrence $ ❑ Technology Errors & Omissions $ Per claim & in the aggregate Per Occurrence Per Occurrence Per Occurrence Per Occurrence Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. ................................................................................................................................................................................................................................................................................................................................................................................. 6/23/2023 1:36 PM p. 33 Collier County Solicitation 23-8145 8. ❑ Performance and Payment Bonds M For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "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 Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG — 5/3/2023 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. 6/23/2023 1:36 PM p. 34 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 6/23/2023 1:36 PM p. 35 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 6/23/2023 1:36 PM p. 36 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 6/23/2023 1:36 PM p. 37 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 6/23/2023 1:36 PM p. 38 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 6/23/2023 1:36 PM p. 39 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 6/23/2023 1:36 PM p. 40 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 6/23/2023 1:36 PM p. 41 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Herc Rentals Inc. Date July 21, 2023 Authorized Signature EXHIBIT I - 8 6/23/2023 1:36 PM p. 42 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Herc Rentals Inc. By: Signature Jason Oosterbeek, Vice President Name and Title 12500 Tamiami Trail Street Address Punta Gorda FL 33955 City, State, Zip CEJGFN29N4L1 UEI Unique Entity Identifier (for SAM.gov verification) July 21, 2023 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 6/23/2023 1:36 PM p. 43 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COU NTY ANTIC.IIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status will be verified. unverifable statuses will require the PR ME to either proi-ade a reoised statement or provide source dorurnentation t15at validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FE D NUMBER CONTRACT DOLLAR AMOUNT Herc Rentals Inc. 136174127 TBD ISTHEPRIMEAMMIaA-CERTIREDDISADVANTAGEa, VIETUM y 15T11EAcnvTYoFTmscoNTRAcT._ MINORITY OR WOMEN BUSINESSENTERPRISE? DBE? 'Y O CONSTRUCTION? Y N ;6BE/PABEjWBEj OR HAVE ASMALL DISADVAhTAGED BUSINESS SA€ERTIFICATIONFROM THE SMALL BUSINESS MeE? 'Y tJ CONSULTATION? Y N ADMINISTRATIONT A5ERVICEDISABLED VETERAN V-ABE? Y N OTHER? Y N SDB RA? 'i IS THIS SUBMISSION A REVISION? 'Y M ILF YES, REASION NUMBER D. IF PR1ME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SEC nON DBE MjWBE 5UEKONTRACTORORSUPPLIER TYPE OF WORK OR FMNKMYCODE SUBJSLIPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY Isee Be1Dw] DOLLAR AMOUNT DOLLARS NO SU CONTRACTOR OR SUPPLIER WHC IS A DISADVANTAGED MINORITY, WILL BE. USED ON THIS ORDE TOTALS C. SECTION TO BE COMPLETED BY PRIME VENDORJCONTRACTCIR NAME OF SUBMTTTER DATE TITLE OF SUBMTTTER Jason Oosterbeek July 21, 2023 Vice President EMAIL ADDRES'SOF PRIME [SUBMITTER) TELEPHONE NUMBER FA.X NUMBER hercbids@hercrentals.com 239-301- 1345 NOTE: This information is used to track and report anticipated DBE or MBE participation in federally-furrded contracts- The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a sol icitation- If and when awarded a Countg contract, the prime will be asked to update the information for the grant compliance files. D. SECTION TO BE COMPLETED BY COWER COUNTY DEPARTMENT NAME :OW ER ODNTRACr # IFIVRFP ar PO/PE GRANT PR OG RAM fCONTRACT ACCEPTED Or DATE E7EMO7K I®E BladcArrrEvrcan BA ckmerican HA NativeArrrerican NA, Subcont.Asiankmerican SAA AsiarMadricMrerican APA Nan -Minority Women N1.Thr Other: not of any otfier group listed Cl EXHIBIT I - 10 6/23/2023 1:36 PM p. 44 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Herc Rentals Inc. Contractor (Firm Name) Sionature of Contractor's Authorized Official Jason Oosterbeek, Vice President Name and Title of Contractor's Authorized Official July 21, 2023 Date EXHIBIT I - 11 6/23/2023 1:36 PM p. 45 Collier County Solicitation 23-8145 FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT for THIS AGREEMENT, made and entered into on this day of 20 by and between authorized to do business in the State of Florida, whose business address is , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a ( ) year period, commencing ❑ upon the date of Board approval; or ❑ on and terminating on ( ) 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 ( ) additional ( ) 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 ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Request for Proposal (RFP) ❑ Invitation to Bid (ITB) ❑ Other ( ) # , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 6/23/2023 1:36 PM p. 46 Collier County Solicitation 23-8145 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. 3.3 ❑ The procedure for obtaining Work under this Agreement is outlined in ❑ Other Exhibit/Attachment: 3.4 ❑ The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑ Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ❑ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 6/23/2023 1:36 PM p. 47 Collier County Solicitation 23-8145 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. 4.5 ❑ (check if applicable) Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class 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 responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 6/23/2023 1:36 PM p. 48 Collier County Solicitation 23-8145 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: Address: Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Herc Rentals Inc. 27500 Riverview Center Blvd, Bonita Springs, FL 34134 Nina Aide Jason Oosterbeek, Vice President; cc: Nina Aide 239-301- 1345 hercbids@hercrentals.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: Division Name: Address: Administrative Agent/PM: Telephone: E-Mail(s): 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 6/23/2023 1:36 PM p. 49 Collier County Solicitation 23-8145 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 $ Per Occurrence, $ 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. ❑ Business Auto Liability: Coverage shall have minimum limits of $ Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. ❑ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ for each accident. Page 5 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 6/23/2023 1:36 PM p. 50 Collier County Solicitation 23-8145 D. ❑ Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this 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 $ shall have minimum limits of $ per claim. per claim. : Coverage G. ❑ : Coverage shall have minimum limits of $ per claim. H.I—I shall have minimum limits of $ per claim. : Coverage 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 6 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 6/23/2023 1:36 PM p. 51 Collier County Solicitation 23-8145 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 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑ Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFP/ ❑ ITB/❑ Other # , including Exhibits, Attachments and Addenda/Addendum, ❑ 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, Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 6/23/2023 1:36 PM p. 52 Collier County Solicitation 23-8145 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: PublicRecordReg uest(a-)-colIiercountyfl -go v 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 6/23/2023 1:36 PM p. 53 Collier County Solicitation 23-8145 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 filing 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 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. ❑ 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 6/23/2023 1:36 PM p. 54 Collier County Solicitation 23-8145 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. ❑ 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 6/23/2023 1:36 PM p. 55 Collier County Solicitation 23-8145 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 6/23/2023 1:36 PM p. 56 Collier County Solicitation 23-8145 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ❑ 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 are 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 Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the Page 12 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 6/23/2023 1:36 PM p. 57 Collier County Solicitation 23-8145 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 6/23/2023 1:36 PM p. 58 Collier County Solicitation 23-8145 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: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) Contractor's Witnesses: Contractor's First Witness TType/print witness nameT Contractor's Second Witness TType/print witness nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Contractor M LIM Signature Type/print signature and title Chairman Page 14 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 6/23/2023 1:36 PM p. 59 Collier County Solicitation 23-8145 Exhibit A Scope of Services ❑ following this page (pages through ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 6/23/2023 1:36 PM p. 60 Collier County Solicitation 23-8145 Exhibit B Fee Schedule following this page (pages through Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 6/23/2023 1:36 PM p. 61 Collier County Solicitation 23-8145 Other Exhibit/Attachment Description: ❑ following this page (pages through ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 6/23/2023 1:36 PM p. 62 Collier County Solicitation 23-8145 J Collier County Purchase Order Terms and Conditions J• 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced herein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non -conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY alone, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6/23/2023 1:36 PM G/ Operations/Document Approved by Attorney Reviewed 12/18/13; 5/5/10p' 63 Collier County Solicitation 23-8145 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, 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. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non -Infringement a) VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. b) VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). c) If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non -infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non -exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said 6/23/2023 1:36 PM G/ Operations/Document Approved by Attorney Reviewed 12/18/13; 5/5/10p' 64 Collier County Solicitation 23-8145 agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 6/23/2023 1:36 PM G/ Operations/Document Approved by Attorney Reviewed 12/18/13; 5/5/10p' 65 Collier County Solicitation 23-8145 Question and Answers for Solicitation #23-8145 - Generator Rental Services There are no questions associated with this Solicitation. Question Deadline: Jul 18, 2023 5:00:00 PM EDT 6/23/2023 1:36 PM p. 66 A� o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) F 06,28,2023 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 Aon Risk Services South, Inc. Charlotte NC Office CONTACT NAME: (A/cC. No. Ext): (866) 283-7122 ((A No ): (800) 363-0105 E-MAIL ADDRESS: 1111 Metropolitan Avenue, Suite 400 Charlotte NC 28204 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: National Union Fire Ins CO Of Pittsburgh 19445 HERC Rentals Inc. 27500 Riverview Center Blvd INSURER B: AIU Insurance Company 19399 INSURER C: Bonita Springs FL 34134 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570100333611 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 4 EACH OCCURRENCE $3 , 000 , 000 CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $500,000 MED EXP (Any one person) $ 5 , 000 PERSONAL& ADV INJURY $3,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $6,000,000 POLICY � PRO ❑ LOC JECT PRODUCTS - COMP/OP AGG $6,000,000 OTHER: A AUTOMOBILE LIABILITY 9767501 AOS 06/30/2023 06/30/2024 COMBINED SINGLE LIMIT Ea accident $5,000,000 BODILY INJURY( Per person) B X ANYAUTO 9767502 06/30/2023 06/30/2024 BODILY INJURY (Per accident) A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY MA 9767503 VA 06/30/2023 06/30/2024 PROPERTY DAMAGE Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB HCLAIMS-MADE DED RETENTION B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR / PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N/A 015825017 AOS 015825018 NII 06/30/2023 06/30/2023 06/30/2024 06/30/2024 X PER STATUTE I OTH- ER E.L. EACH ACCIDENT $1, 000 , 000 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) Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. CERTIFICATE HOLDER CANCELLATION No .AL �J �x �J r16= �y iJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE 3y POLICY PROVISIONS. W_ u7 Collier County AUTHORIZED REPRESENTATIVE r_~ Procurement Services Division !N=M 3295 Tamiami Trail East, Bldg. C-2 151r Naples FL 34112 USA JOE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000070531 LOC #: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services South, Inc. NAMEDINSURED HERC Rentals Inc. POLICY NUMBER see Certificate Number: 570100333611 CARRIER See Certificate Number: 570100333611 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE I NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS WORKERS COMPENSATION B N/A 015825019 CA 06/30/2023 06/30/2024 A N/A 1647427 EX Workers Comp (NC, OK) SIR applies per policy to 06/30/2023 ms & condit 06/30/2024 ons ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ,ee Coupy Tax Col for Noelle Branning szdfe of wila HERC RENTALS INC HERC HOLDINGS INC 27500 RIVERVIEW CENTER BLVD BONITA SPRINGS, FL 34134 Dear Business Owner: Local Business Tax Receipt Your 2022 - 2023 Lee County Local Business Tax Receipt is attached below for account number / receipt: number: 1067093 / 7501208 If there is a change in one of the following, refer to the instructions on the back of this receipt. • Business name • Ownership • Physical location • Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, .L. ' Lee County Tax Collector ---- r--------------------------------------------------------------------------------------------------- 2022-2023 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1067093 Receipt Number: 7501208 Location: 2401 N AIRPORT RD FT MYERS, FL 33907 HERC RENTALS INC HERC HOLDINGS INC 2401 N AIRPORT RD FT MYERS, FL 33907 Account Expires: September 30, 2023 in the business of: IN&Iylm�lxtail[OWN THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Payment Information: PAID INT-00-00308242 07/19/2022 $ 50.00 Receipt # 1366798 For Period Commenci Control No. 0002732 U LT 1ST, 2022 and ending September 30, 2023 Total: $1,297.36 I Dated 08/04/2022 I Application No. This Business Tax Receipt does not permit the holder to operate in violation of any City Law or Ordinance including, but not limited to, Zoning and other land use regulations. If in doubt, the holder should verify that he or she has the appropriate zoning by calling the Office of Land Development Coordination at 274-3100. This Business Tax Receipt must be conspicuously posted in place of business. Classification Description Amount 012050 U DRIVE IT/ 30 OR MORE VEH $766.92 113010 RENTALS HEAVY EQUIP $231.52 087280 MACHINERY DEALER $115.76 Business Name and Address HERC RENTALS INC C/O BUSINESS LICENSES LLC 27500 RIVERVIEW CENTER BLVD BONITA SPRINGS, FL 34134-4325 Business Name and Location HERC RENTAL INC 5725 ADAMO DR TAMPA FL 33619-3241 CITY OF TAMPA TAX RECEIPT BUSINESS TAX DIVISION By: TCD cirp of Dear Business Owner, he City of Fort Myers, Florida Community Development Department 1825 Hendry Street, #101 Fort Myers, Florida 33901 Telephone: 239-321=7990 MERCHANT RETAIL (OTHER) EFFECTIVE 10/07/2022 -EXPIRING 09/30/2023 The City of Fort Myers wish you success with your business. The Business Tax Receipt below is valid from 10/07/2022 until 09/30/2023. Annual renewal notices are mailed in July to the address of record at that time. If you need to change the business name, mailing address, contact data, location and/or closing the business, please contact our office: CDD/Business Tax 1825 Hendry Street Suite 101 Fort Myers, FL 33901 (239) 321-7990 Description: Equipment and tool rental CITY OF FORT MYERS FLORIDA �s Business Tax Receipt `;,:: Effective 10/07/2022 - Ex irin 09/30/2023 N 2401 AIRPORT RD HERC RENTALS INC Business Tax #: BUS2006-53549 Is hereby registered` business, profession, or occupation of: (279) d. Merchant: Retail ALCOHOL SALES PERMITTED: HOMEBASED:No Owner: HERC RENTALS INC, 27500 RIVERVIEW CENTER BLVD, BLVD, BONITA SPRINGS, FL 34134 POST THIS RECEIPT IN A CONSPICUOUS PLACE AT YOUR BUSINESS LOCATION `Any violation of applicable chapter of the City Code of Ordinances may cancel this receipt F-Veri 02. ' �.L. SEC Company ID Number:667047 Client Company ID Number:1759271 Information Required for the E-Verify Program Information relating to your Company: Company Name HERC RENTALS EMPLOYEE SERVICES, LLC 27500 Riverview Center Blvd Company Facility Address Bonita Springs, FL 34134 27500 Riverview Center Blvd Company Alternate Address Bonita Springs, FL 34134 County or Parish Lee Employer Identification Number 85-4159556 North American Industry Classification Rental And Leasing Services (532) Systems Code Parent Company Number of Employees 2,500 to 4,999 Number of Sites Verified for 300 Page 15 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation HERC RENTALS INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date 819124 13-6174127 11 /01 /1965 DE ACTIVE NAME CHANGE AMENDMENT 07/19/2016 12/31 /1999 Principal Address 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Changed: 04/20/2021 Mailing Address 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Changed: 04/20/2021 Registered Agent Name & Address CT CORPORATION SYSTEM 1200 S. PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 07/09/1992 Address Changed: 07/09/1992 Officer/Director Detail Name & Address Title Senior Vice President and Chief Human Resources Officer Cunningham, Christian 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Title Director Silber, Lawrence H. 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Title President and Chief Executive Officer Silber, Lawrence H. 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Title Chairman of the Board Henkel, Herbert 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Title Director Browning, James 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Title Director Campbell, Patrick 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Title Director Kelly, Michael 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Title Director Pastor, Louis 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Title Director Salomone, Mary Pat 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Title Senior Vice President and Chief Financial Officer Irion, Mark 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Title Director Graziano, Nicholas 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Title Director Frates, Jonathan 27500 Riverview Center Blvd. Bonita Springs, FL 34134 Annual Reports Report Year Filed Date 2021 04/20/2021 2022 03/29/2022 2023 02/25/2023 Document Images 02/25/2023 -- ANNUAL REPORT 03/29/2022 -- ANNUAL REPORT 04/20/2021 --ANNUAL REPORT 05/21/2020 -- ANNUAL REPORT 03/25/2019 - ANNUAL REPORT 04/06/2018 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 04/06/2017 -- ANNUAL REPORT View image in PDF format 07/20/2016 -- AMENDED ANNUAL REPORT View image in PDF format 07/19/2016 - AMENDED ANNUAL REPORT View image in PDF format 07/19/2016 -- Name Change View image in PDF format 06/13/2016 -- AMENDED ANNUAL REPORT View image in PDF format 06/09/2016 —AMENDED ANNUAL REPORT View image in PDF format 03/30/2016 —AMENDED ANNUAL REPORT View image in PDF format 03/10/2016 - ANNUAL REPORT View image in PDF format 04/15/2015 -- ANNUAL REPORT View image in PDF format 11/10/2014 --AMENDED ANNUAL REPORT View image in PDF format —9 Request for Taxpayer Give Form to the Form identification Number and Certification i requester. Do not (Rev. October 2018) Department of the Treasury send to the IRS. Internal Revenue Service P> Go to www.frs.9ovlFormW9 for instructions and the latest information. tl 1 Name (as shown on your income tax return). Name is required on this tine; do not leave this line blank, 2 Business name/disregarded entity name, if different from above w411 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see p- o ❑ Individual/sole proprietor or A C Corporation El Corporation El Partnership ElTrust/estate instructions on page 3): c single -member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C-C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single -member owner. ❑o not check Exemption from FATCA reporting G N LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is Otherwise, LLC code if an ( y) o another LLC that is not disregarded from the owner for U.S. federal tax purposes. a single -member that is disregarded from the owner should check the appropriate box for the tax classification of its owner. V Ul ❑ other (see instructions) 1> MppYto acccunM maiatalned-Wda the U,SJ 5 Address (number, street, and apt, or suite no.) See instructions, Requester's name and address (optional) P.O. Box 936257 6 City, state, and ZIP code 7 List account number(s) here (optional) Taxpayer ldentification Plumber (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given online 1 to avoid Social security number backup withholding. For individuals, or this this is dgenerally entity, your social security number (SSNr. However, for a - m - resident alien, sole proprietor, or disregarded entity, see the instructions for Part {, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TiN, later. or Mote: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. Fi-Fil -16- 1111- 1 L41 il-2h I Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) i am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this fOTM (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generaliy, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of Here I U.S. parson 1* Date m General instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov1FormW9. Purpose of Forma An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (> IN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. e Form 1099-INT (interest earned or paid) Form 1099-DIV (dividends, including those from stocks or mutual funds) 9 Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) a Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) ® Form 1099-S (proceeds from real estate transactions) Form 1099-K (merchant card and third party network transactions) Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) a Form 1099-C (canceled debt) * Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN, if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, rater. Cat. No. 10231X Form W-9 (Flev. 10-2018) Famti ■ir-8BEH-E Certificate of Status of Beneficial owner for United States Tax Withholding and Reporting (Entitled (Rev. October 2021) I► For use by entities. Individuals must use Form W-BBEN. ► section references are to the Internal Revenue Coda. Department of the Treasury Internal Revenue Service ► Go to www.lrs.goY1FormW8BENE for instructions and the latest information. ► dive this form to the withholding agent or payer. Do not send to the IRS. Do FIAT use this form for: OMB No. 1545-1621 Instead use Form: U.S. entity or U.S. citizen or resident . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . W-9 ® A foreign individual - - . . - - - - . . . . . . W-8BEN (Individual) or Form 8233 ® A foreign individual or entity claiming that income is effectively connected with the conduct of trade or business within the United States (unless claiming treaty benefits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8EC1 ® A foreign partnership, a foreign simple trust, or a foreign grantor trust (unless claiming treaty benefits) (see instructions for exceptions) r . W-8IMY A foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private foundation, or government of a U.S. possession claiming that income is effectively connected U.S. income or that is claiming the applicability of section(s) 115(2), 501(c), 892, 895, or 1443(b) (unless claiming treaty benefits) (see instructions for other exceptions) . . . . . . . . . W-8ECI or W-8EXP * Any person acting as an intermediary (including a qualified intermediary acting as a qualified derivatives dealer) . . . . . . . . . W-8IMY Identification of Beneficial owner 1 Name of organization that is the beneficial owner 2 Country of incorporation or organization Matthews Equipment Limited Canada 3 Name of disregarded entity receiving the payment (if applicable, see instructions) 4 Chapter 3 Status (entity type) (Must check one box only): [K Corporation ❑ Partnership ❑ Simple trust ❑ Tax-exempt organization ❑ Complex trust ❑ Foreign Government - Controlled Entity ❑ Central Bank of Issue ❑ Private foundation ❑ Estate ❑ Foreign Government - Integral Part ❑ Grantor trust ❑ Disregarded entity ❑ International organization If you entered disregarded entity, partnership, simple trust, or grantor trust above, is the entity a hybrid making a treaty claim? If "Yes," complete Part ill. ❑ Yes ❑ No 5 Chapter 4 Status (FATCA status) (See instructions for details and oomplete the certification below for the entity's applicable status.) ❑ Nonparticipating FFI (including an FFI related to a Deporting IGA ❑ Nonreporting [GA FFI. Complete Part MI. FFI other than a deemed -compliant FFI, participating FFI, or ❑ Foreign government, government of a U-S. possession, or foreign exempt beneficial owner). central bank of issue. Complete Part XIII. ❑ Participating FFI. ❑ Reporting Model 1 FFI. ❑ Reporting Model 2 FFI. ❑ Registered deemed -compliant FFI (other than a reporting Model 1 FFI, sponsored FFI, or nonreporiing IGA FFI covered in Part XII)- See instructions. ❑ Sponsored FFI. Complete Part IV. ❑ Certified deemed -compliant nonregistering local bank. Complete Part V. ❑ Certified deemed -compliant FFI with only low -value accounts_ Complete Part VI. ❑ Certified deemed -compliant sponsored, closely held investment ❑ International organization. Complete Part XIV. ❑ Exempt retirement plans. Complete Part XV. ❑ Entity wholly owned by exempt beneficial owners. Complete Part XVI. ❑ Territory financial institution- Complete Part XVII- ❑ Excepted nonfinancial group entity. Complete Part Will. ❑ Excepted nonfinancial start-up company. Complete Part XDC ❑ Excepted nonfinancial entity in liquidation or bankruptcy. Complete Part XX. ❑ 501(c) organization. Complete Part XXl- ❑ Nonprofit organization. Complete Part XXII. ❑ Publicly traded NFFE or NFFE affiliate of a publicly traded corporation. Complete Part XXIIL vehicle. Complete Part VII. ❑ Excepted territory NFFE. Complete Part XXIV. ❑ Certified deemed -compliant limited life debt investment entity. ❑ Active NFFE Complete Part XXV. Complete Part Vill. ❑ Passive NFFE. Complete Part XXVI. ❑ Certain investment entities that do not maintain financial accounts_ ❑ Excepted inter -affiliate FFL Complete Part XXVII. Complete Part IX- ❑ Direct reporting NFFE. ❑ owner -documented FFI. Complete Part X. ❑ Sponsored direct reporting NFFE. Complete Part XXVIII. ❑ Restricted distributor. Complete Part XI- El Account that is not a financial account- 6 Permanent residence address (street, apt. or suite no_, or rural route). Do not use a P.O. box or In -care -of address (other than a registered address). 35 Claireville Drive City or town, state or province. Include postal code where appropriate. I Country Etobicoke. ON M9W5Z7 Canada 7 Mailing address (if different from above) 27500 Riverview Center Blvd, Building 7 City or town, state or province. Include postal code where appropriate. Country Bonita Springs, FL 34134 1 us For Paperwork Reduction Act Notice, see separate €nstructlons. Cat. No. 59689N Form W-BBEN-E (Rev,10-2021) Form W-BBEN-E (Rev. 10-2021) Page 8 41 ❑ I. certify that the entity identified in Part 1, w Is a member of an expanded affiliated group; ® Does not maintain financial accounts (other than accounts maintained for members of its expanded affiliated group); ® Does not make withholdable payments to any person other than to members of its expanded affiliated group; ®Does not hold an account (other than depository accounts in the country in which the entity is operating to pay for expenses) with or receive payments from any withholding agent other than a member of its expanded affiliated group; and o Has not agreed to report under Regulations section 1.1471-4(d)(2)(5(C) or otherwise act as an agent for chapter 4 purposes on behalf of any financial institution, including a member of its expanded affiliated group. Sponsored Direct Reporting NFFE (see instructions for when this is permitted) 422 Name of sponsoring entity: 43 ❑ 1 certify that the entity identified in Part I is a direct reporting NFFE that is sponsored by the entity identified on line 42. U.S. Owners of Passive NFFE As required by Part XXVI, provide the name, address, and TIN of each substantial U.S. owner of the NFFE. Please see the instructions for a definition of substantial U.S. owner. If providing the form to an FFI treated as a reporting Model f FF1 or reporting Model 2 FFI, an NFFE may also use this part for rAnnrtinn its ❑nntmllinn U.S. persons render an aDDlicable IGA. OTTFUR Certification Under penalties of perjury, I declare that I have examined the Information on this form and to the best of my knowledge and betlef it Is true, correct, and complete. I further certify under penalties of perjury that: e The entity Identified on line 1 of this form Is the beneficial owner of all the income or proceeds to which this form relates, Is using this form to certify Its status for chapter 4 purposes, or is submitting this form for purposes of section 6050W or 6050Y: * The entity Identified on line 1 of this form Is not a U.S. person; ® This form relates to,. (a) Income not effectively connected with the conduct of a trade or business In the United States, (b) Income effectively connected with the conduct of a trade or business In the United States but Is not subject to tax under an Income tax treaty, (o) the partner's share of a partnership's effectively connected taxable Income, or (d) the partner's amount realized from the transfer of a partnership interest subject to withholding under section 1446(f); and ® For broker transactions or barter exchanges, the beneficial owner is an exempt foreign person as defined in the Instructions. Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the Income of which the erdity on line 1 is the beneficial owner or any withholding agent that can disburse or make payments of the Income of which the entity on line 1 Is the beneficial owner. I agree that 1 will submit a new form within 34 days If any certificatlon on this form becomes incorrect. © f certify that I have the ca acity to sl n r the entity Identified on line 1 of this form. Sign here ' Martin Shaw Ignature of Individual authorized to sign for beneflelal owner Print Name s Date (nil DD-rnY) Form W-8BEN-E (Rev_ 10-2-021) Cof per County Procurement Services Division Date: 7/25/2023 Email: lisa.oien@colliercountyfl.gov Telephone: (239) 252-8375 Addendum #1 From: Lisa Oien, Procurement Strategist To: Interested Bidders Subject: Addendum #1 23-8145 Generator Rental Services The following clarifications are issued as an addendum: Change 1: Bid Due Date extended Bids Due July 25, 7072 August 8, 2025 Change 2: Question and Answer period extended Question and Answer Deadline hily 18, 2023 August 1, 2023 If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Herc Rentals Inc. (Name of Firm) 8-8-2023 Date FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 23-8145 for Generator Rental Services THIS AGREEMENT, made and entered into on this day of 20 23 , by and between United Rentals (North America), Inc. authorized to do business in the State of Florida, whose business address is 100 First Stamford Place, Suite 700, Stamford, CT 06902 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESS ETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 )year period, commencing 0 upon the date of Board approval; or an 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 ❑ ❑■ Invitation to Bid (ITB) ❑ # 23-8145 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. FNI 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 [2023_Ver.l] i c ;> 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 0 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 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): � Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi -Contractor• Agreement [2023_Ver•1] 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. .. 1 V 7-MMMONARM 1 - 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. Page 3 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] 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: United Rentals (North America), Inc. Address: 3400 NW 15th Street Lauderhill, FL 33311 Authorized Agent: Attention Name & Title. Telephone: E-Mail(s): Robert Carlson, Branch Manager (877) 874-4468 ovrents@ur.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: Division Name. Address: . Howard Brogdon Water Division 3339 Tamiami Trail East Naples, Florida 34112 Administrative AgentlPM: Pamela Libby Telephone: (239) 252-6239 E-Mail(s): Pamela. Libby a@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 d of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.1 ] 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. 0 Commercial General Liability: Coverage shall have minimum limits of $17000,000 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. [*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 [2023_Ver.l] WIM �- - - - - - - F6 LW Pollution Liability shall have minimum limits of $ 1,000,000 per occurrence. ��-n.��iin �iii.u�i[. �•��io�i��ii.��ii�uiina ��,a Coverage 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 6 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver. ] ] 14 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. AGREEMENT ADMINISTRATION. the County by the Water Division This Agreement shall be administered on behalf of 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), 0 Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFLR/❑ ITB/❑ 9t+� #2M145 including Exhibits, Attachments and Addenda/Addendum, ❑ � ==ent quotes, and 0 Other Exhibit/Attachment: Federal Contract Provisions and Assurances 17. APPLICABILITY. Sections corresponding to any checked box (■)expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners, 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.1 ] 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: PublicRecordReguest65 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 [2023_Ver.1 ] 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 0) 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- upthe 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. 0 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 Page 9 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] 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. ■ . - ' IN MINNINk ON we IN IF IN We — - •. A ,. .. —No AN M IF - . — .. — . . . aw IL NN MMIR4 a 1 - WWI M=Al ON NOW Ma Page 10 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] - - -&WAW LW L�w- - - - - - - - =^m WIN M @K~6 A L ON 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. Page 11 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] 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. � 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. � ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its Page 12 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] 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-FMOPScolliercountyfl.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. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Collier County Sheriff's Office (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. 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. Page 13 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] 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: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) Contractor's Witnesses: TT pe/print witness named Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro . Chairman United Rentals (North America), Inc. Contractor By: TypeJprint signature and titleT Page 14 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver. I 0 Exhibit A Scope of Services 0 following this page (pages through 4 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] Invitation to Bid (ITB) #23-8145 "Generator Rental Services" ..Ili �r1 SCOPE OF SERVICES Multiple County Divisions use generators of various manufacturers, sizes, and horsepower in their daily operations. Divisions utilize contracted services to provide rental generators to ensure continued operation, address future growth, and increase asset lifespan. The rentals are required to provisionally replace existing equipment that is not functioning, renovations of facilities, special events, and times declared a State of Emergency requiring a generator for short or long-term use. This coordinated contract will enable the County Divisions to utilize this service efficiently. This Agreement is awarded on a Primary/Secondary/Tertiary basis as follows: PRIMARY CONTRACTOR: SECONDARY CONTRACTOR: TERTIARY CONTRACTOR: 360 Energy Solutions LLC United Rentals (North America), Inc. Herc Rentals Inc. 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 the rights to move to the Secondary Contractor. Should the Secondary Contractor not be able to provide the services for the same reason the Primary is unable to, the Division reserves the rights to move to the Tertiary Contractor. The County also reserves the right to seek services outside this Agreement if the Primary or Secondary or Tertiary Contractor are unable to perform the services. 1. GENERAL REQUIREMENTS 1.1. Rental services shall include all equipment, labor, materials, supplies, including support accessories, transportation, delivery to County designated location, pickup and removal. 1.2. Rental rates will include, daily, weekly, and monthly rental periods. No additional fees shall be charged to the County for run hours added to the generator during the normal rental period. 1.3. The generators shall be delivered and, if requested by the Division Representative or designee, installed (setup) and tested (startup) upon delivery, any setup and startup fee will include disconnection (teardown) upon rental period expiration. The setup and startup shall be a one-time fee per generator per rental period requested and shall be added as a separate invoice line item. 1.4. Any additional fifty (50) feet of cable(s) and hardwire pigtail(s) shall be added as a separate invoiced line item upon request by the Division Representative or designee. This shall be a one-time fee per generator per rental period requested. 1.5. Contractor shall ensure the delivered generators remain operational while on the County's property by performing periodic startup and full systems check at least monthly (where applicable) to be coordinated with the Division Representative or designee. Page 1 of 4 Schedule A —Scope of Services CAO Invitation to Bid (ITB) #23-8145 "Generator Rental Services" 1.6. Contractor shall be responsible for providing equipment maintenance, repairs, and on -site technical support as needed. 1.7. The Contractor shall perform a joint inspection with the Division Representative or designee upon completion of all work, unless waived by the Division Representative or designee prior to submitting the final invoice. 1.8. The Contractor will provide a Hurricane Response Plan upon award of the contract. Updates to the plan must be submitted by May I" annually. The Hurricane Response Plan at a minimum should update the number of generators the Contractor has available and the method of distribution in the event of a storm, the number and location of staff to provide generators, and alternative locations that Contractor will receive assistance from in the event the location closest to Collier County suffers damage. 2. ASSIGNMENT OF WORK 2.1. The Contractor shall provide a company contact name, phone number and email address for all requests. The Contractor shall be available twenty-four (24) hours per day, 365 days per year, in the event of an urgent request. 2.2. The Contractor shall be provided requests and instructions for supply and delivery of generators by the Division Representative or designee on an as -needed basis by means of a telephone call or email, and a Purchase Order (PO) will be issued. 2.3. No generators shall be delivered until the Contractor is in receipt of a Purchase Order (PO) from the Division Representative or designee. 3. RESPONSE TIMES 3.1. Normal Service Requests • Contractor shall acknowledge a normal service request either verbally or email within one (1) day from the time the Division Representative or designee issues the request. • After receipt of order from the Division Representative or designee, the Contractor shall deliver and, if requested, setup and startup the requested generator(s) and cable(s) and hardwire pigtails within two (2) business days. • Any need for extension of time shall be approved either verbally or via email by the Division Representative or designee. 3.2. Urgent Service Requests • Contractor shall acknowledge an urgent service request either verbally or via email within one (1) hour of the request being sent by the Division Representative or designee. • Contractor shall deliver and, if requested, setup and startup the requested generator(s) and cable(s) within two (2) hours after receipt of order from the Division Representative or designee, unless the Division Representative or designee agrees to a different arrival time. A response time exceeding the two (2) hours must be approved by the Division Representative or designee. • The Contractor shall invoice urgent service requests accordingly at the daily, weekly, or monthly generator rate plus an urgent service delivery charge as listed on the bid schedule. The urgent delivery charge can only be invoiced once per service request. Page 2 of 4 Schedule A —Scope of Services CAO Invitation to Bid (ITB) #2348145 "Generator Rental Services" 3.3. The Division Representative or designee reserves the right to cancel an order and place the order with another Contractor without cost or obligation to the County if the order's response/delivery time is not met within the preapprove County timeframe. 3.4. In cases of a forecasted natural disasters or declared emergency event, the County will provide the Contractor with a list of generators that they anticipate being needed for the event. The intention of the list is to prepare the Contractor ahead of time regarding the specific equipment needs that may arise. The County will keep in contact with the Contractor as to the status of the need for the equipment. 3.5. If equipment cannot be provided locally, the Contractor is expected to bring in equipment from another location or through a subcontractor to meet the needs of the County during a natural disaster or declared emergency event. Subcontractor charges may be invoiced at cost plus 15% markup. 3.6. For any rental request during a natural disaster or declared emergency event the Contractor may invoice for any additional freight charges that apply for any out of area delivery. The Contractor must provide copies of receipts for applicable additional freight charges, within the itemized invoice. 3.7. For any rental requested by the Division Representative or designee during a declared natural disaster or emergency event the Contractor may charge 1.5 times the established rates (rate x 1.5 = emergency rate). The County reserves the right to request services from Contractors outside of the awarded contract, during a declared local natural disaster or emergency even until the rental is no longer required. 4. DELIVERY 4.1. The Contractor shall coordinate delivery with the Division Representative or designee so there is minimal to no interruption to daily work at any location. 4.2. It is the County's intent that all deliveries for normal requests be provided during normal business hours, defined as Monday through Friday 7:00 a.m. - 5:00 p.m., except for County observed Holidays. Delivery requests made outside of normal business hours shall be pre -arranged and approved by the Division Representative or designee. There shall be no additional billable costs for deliveries on normal service requests provided outside of normal business hours. 4.3. Some County sites may be unmanned at time of delivery. The Contractor shall confirm with the Division Representative or designee on arranging delivery services to these sites. 4.4. The rental generators shall be delivered with a full tank of fuel or fueled by the Contractor upon delivery. The County will be responsible for adding fuel as needed during the rental period. Charges for the Contractor supplied fuel that is used by the County and not replenished prior to Contractor picking the unit back up after the rental period shall be invoiced to the County at current fuel cost. Fuel receipts shall be provided with the invoice. 4.5. The Contractor warrants that upon delivery, the equipment rented hereunder shall be in good working condition. If the equipment is not in good working condition upon delivery, the Contractor shall promptly repair or replace the equipment at its sole expense. If the equipment requires repair or replacement during the rental period, the Contractor shall promptly repair or replace the equipment at its sole cost and expense; however, if the repair or replacement is due to the County's abuse, misuse, or neglect, the County shall be responsible for the cost of such repair or replacement. Page 3 of 4 Schedule A —Scope of Services CAO Invitation to Bid (ITB) 423-814n "Generator Rental Services" 5. SAFETY Selo The Contractor shall comply with all Occupational Safety and Health Administration Environmental Protection Agency (EPA), the National Institute of Occupational Safety Hazards (NIOSH), the American National Standards Institute (ANSI), the National Fire Protection Association (NFPA), the Crane Manufacturers Association of America, Inc. (CMAA), National Electric Code (NEC), American Society of Mechanical Engineers (ASME), and other State and County rules and regulations while performing work under the resultant Contract. 5.2. Appropriate barricades and signs shall be provided and utilized by the awarded Contractor when work is performed in areas traversed by persons, or when deemed necessary by the County. 5.3. The Contractor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury to any persons within and around the work site. 5.4. The Contractor shall be responsible for any damage to County or personal property due to negligence on the part of the Contractor or their employees. Restorations shall be made to the County's satisfaction. 5.5. Hazardous conditions shall be immediately reported to the County. 5.6. 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. 5.7 The Contractors) 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. 5.8 All the 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(s) 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. 5.9 Collier County Sheriff's Office 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(s) is responsible for all costs. Page 4 of 4 Schedule A —Scope of Services CAO Exhibit B Fee Schedule following this page (pages through ) Page 16 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.1 ] Invitation to Bid (ITB) #23-8145 " Generator Rental Services" EXHIBIT B FEE SCHEDULE SECONDARY CONTRACTOR: United Rentals (North America), Inc. Generator Rental Rates No. Generator Size or sufficient power to accommodate Dail Rate WeeklyRate MonthlyRate Generator StartupFee* Setup and jItem 1 10 - 50 KW $ 385.00 $ 11060,00 $ 21445,00 $ 1,500.00 2 51 - 99 KW $ 549.00 $ 1,101.00 $ 31301,00 $ 1,500.00 3 100 - 150 KW $ 718.00 $ 1,407.00 $ 41185,00 $ 1,500.00 4 151- 199 KW $ 721.00 $ 11448,00 $ 4/597900 $ 1,500.00 5 200 - 249 KW $ 1,075.00 $ 2/150600 $ 6,450.00 $ 1,500.00 250 - 400 KW $ 1,290.00 $ 2,580.00 $ 7,740.00 $ 11800,00 401 - 499 KW $ 11420,00 $ 21778,00 $ 81266,00 $ 11800,00 500 - 749 KW $ 2,825.00 $ 5,650.00 $ 16,949,00 $ 2,200.00 $11 750 - 799 KW $ 21825,00 $ 51650,00 $ 16,949,00 $ 2,200.00 800 - 999 KW $ 21825,00 $ 5,650.00 $ 16,949,00 $ 21200,00 1000 - 1249 KW $ 3,951.00 $ 7,901.00 $ 23,650.00 $ 21200,00 12 1250 - 1499 KW $ 4,300.00 $ 81600,00 $ 25,800,00 $ 21200,00 13 1500 - 1749 KW $ 4,300.00 $ 8,600.00 $ 25,800.00 $ 21200,00 14 1750 - 2000 KW $ 51735,00 $ 11,470,00 $ 34,400.00 $ 2,200.00 During a natural disaster or emergency event, the Contractor may charge 1.5 time the established rates (rate x 1,5=emergency rate 'Generator Startup and Setup Fee only if requested Additional Fees (only upon request by the County above Additional Fees (only upon request by the County above providing of providing of generator.) generator.) Item Description Rate No. $48.00 Weekly 17 Cable Fee (400 amp) 50' each and Hardwire Pigtail $145.00/ Monthly $16.00 Daily 2,500 gallon skid mounted fuel tank and accessories to 18 be delivered for the rental period- set up, start up, $2,"'� 3/": or' r initial fueling and teardown included Urgent Service Delivery Charge - not to Exceed $500.00 19 (not applicable to Natural disasters or declared $500 emergency events - Sections 3.5-3.8) All prices will remain firm for the duration of the contract, Description: Other EXnIL)IUAttachment Federal Contract Provisions and Assurances ❑■ following this page (pages ❑ this exhibit is not applicable through 11 Page 17 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.1 ] CAS EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section Athis contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take A necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, apaid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200,216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180,940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procure ment-guidel ine-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,0001. 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60" 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 241 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 112.46 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 �AO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name United Rentals (North America), Inc. Date 8/24/23 Authorized Signature EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR United Rentals (North America), Inc. By: Signature Robert Carlson -Branch Manager Name and Title 3400 NW 15TH ST Street Address LAUDERHILL, FL 33311 City, State, Zip QFG7EC12DQK4 UEI Unique Entity Identifier (for SAM.gov verification) 8/24/23 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Un':erifaNe statuses will require the PR OE to either prof%lde a revised statement or provide source documentation that va lidates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAIVE PRIME FE'.P NUMBER CONTRACT DOLLAR AMOUNT United Rentals (North America), Inc. 86-0933835 ISTHE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN Y N ''S THE ACTIVITY OF THIS CONTRACT,., htINORiTYOR i'+OtVoE"l 8USittESSEr;TERPRISE? (DBE/%IBEfkVBE) OR HAVE A. SMALL DISADVAIJAGED DBE. Y N CONSTRUCTION ? y tJ SUSMESSSACERTIFICATION FROtttTHESMALLBUSINESS mBE? y tJ CONSULTATION? y tJ ADMINISTRATION? ASERiICE DISABLED VETERAN WBE? y OTHER? O SDB BA? Y Is TH`;SSUBMISS;ON A REVISION? Y t N F YES, REVSIGN NUMBER. B, IF PRIME HAS SUBCONTRACTOR OR SUPPUER WHO IS A DISADVANTAGED MINORITY, WOMEWOWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE MJWBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUtJT DOLLARS TOTAL`: C. SECTION TO BE t"OMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUMMER DATE TITLE OF SUBINIMER Robert Carlson 8.24.23 Branch Manager EMAIL ADDRESS OF PRIME (SUBMTTTER) TELEPHONE NUMBER FAX NUMBER govrents@ur.com 877-874-4468 877-735-7450 NOTE: This information is used to track, and report anticipated DBE of MBE participation in f clerally-funded contracts. The anticpated DBE or PABE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. 'f and vrhen awarded a County contract, the prime •,will be asked to update the information for the grant compliance files. ETHNICITY CODE $lack:AnterlCalt BA Hispanic American HA NativeAmerican NA Subcont. Asian American SAA Asian-PacihcArnerican APA Non-LSincrittj'e,bmen I NMW other: not of any other group listed 1 O D. SECTION TO BE COMPLETED BY C"OLLIER COUNTY D£PARTl.AEtJTNAAIE COLLIER COtdTF:ACT7jIFBiRFPorPG,rREQi vRAtdTPROGRAR•1JLONTP,ACT ACCEPTED BY: DATE EXHIBIT I - 10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100 000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. United Rentals (North America), Inc. Contractor (Firm Name) Signature Contractor's Authorized Official Robert Carlson -Branch Manager Name and Title of Contractor's Authorized Official 8/24/23 Date EXHIBIT I - 11 FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 23-8145 foI Generator Rental Services THIS AGREEMENT, made and entered into on this day of 2023 , by and between Herc Rentals Inc. authorized to do business in the State of Florida, whose business address is 27500 Riverview Center Blvd., Bonita Springs, Florida 34134 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 )year period, commencing ❑■ upon the date of Board approval; er '—' on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase )rder(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 ❑ Alef+se-te-Reseed. 3. STATEMENT OF WORK, The Contractor shall provide services in accordance with the terms and conditions of ❑ � Invitation to Bid (ITB) ❑ Gther ' ) # 23-8145 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 Mul[i-Contractor Agreement [2023_Ver.l] CAO 3A 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. 3-3 ❑ The PF9eedUFe f9F ebtaining WGFk undeF this AgFeement is eutlined OR ❑ QtheF Eit/Attashment: 34❑ ef eempletien; eelleetien ef liquidated damages in the. event ef 'ate eernpletienj and the 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. Slats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): the: zed ❑■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e, installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l J CAO 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, V RISK IN FEET ��AWA M ME= W MEET IF, a MINE M I W VIA W& 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. Page 3 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] �fi� 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: Address: Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Herc Rentals Inc. 27500 Riverview Center Blvd Bonita SDrInpS. FL 34134 Jason Oosterbeek, Vice President Brennon Dauginikas, ProSolutions Representative (239) 301-1345 / (941) 314-1906 hercbids@hercrentals.com / brennon.dauglnikas@hercrentals.com All Notices from the Contractor to the County shall be deemed duly served if mailed or ,mailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Howard Brogdon Division Name: Water Division Address: 3339 Tamiami Trail East Naples, Florida 34112 Administrative Agent/PM: Pamela Libby Telephone: (239) 252-6239 E-Mail(s): Pamela.Libby@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. 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 necessaI 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 [2023_Ver.l] CAO 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 Liabilitv: 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. FMJ 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. no 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 [2023_Ver.l] CAO ❑ rybew..:.... Ge a Mall HaVe w, 11MRSOtf 41 c Per-Gla#ta, F Pollution Liability : Coverage shall have minimum limits of $ 1,000,000 per occurrence. Fr ❑ 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 6 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] CAU 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 Water 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, ❑ RF-R/ ❑■ ITB/❑ 9ther #23-8145 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and ❑■ Other Exhibit/Attachment: Federal Contract Provisions and Assurances 17. APPLICABILITY. Sections corresponding to any checked box (■)expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners, 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver. Q CAO 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(d.)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 [2023_Ver.l ] 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. ❑■ 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 Page 9 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l ] CAO M, 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, Page I1 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] CAO 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. ❑ 0 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 (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its Page 12 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver, l ] CAO 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-FMOPSt7o.colliercountvfl.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. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Collier County Sheriff's Office (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. 38. ❑E 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. Page 13 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver. CAO 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 COUNTY, FLORIDA Court and Comptroller By: ey: Rick LoCastro Chairman Dated: (SEAL) Contractor's Witnesses: Herc Rentals Inc. Contractor TType/print witness name I Co tractor's Second Witness TType/print witness namef Nina Aide Approved as to Form and Legality: County Attorney Print Name DBA Sj nature Jason Oosterbeek, Vice President fType/print signature and titleT Page 14 of 17 Fixed Teun Service Multi -Contractor Agreement [2023_Ver.1] CAO Exhibit A Scope of Services ❑■ following this page (pages through 4 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] Cp,O Invitation to Bid (ITB) #23-8145 "Generator Rental Services" 1111V lugII:\ SCOPE OF SERVICES BACKGROUND, Multiple County Divisions use generators of various manufacturers, sizes, and horsepower in their daily operations. Divisions utilize contracted services to provide rental generators to ensure continued operation, address future growth, and increase asset lifespan. The rentals are required to provisionally replace existing equipment that is not functioning, renovations of facilities, special events, and times declared a State of Emergency requiring a generator for short or long-term use. This coordinated contract will enable the County Divisions to utilize this service efficiently. AWARD CRITERIA This Agreement is awarded on a Primary/Secondary/Tertiary basis as follows: PRIMARY CONTRACTOR: 360 Energy Solutions LLC SECONDARY CONTRACTOR: United Rentals (North America), Inc. TERTIARY CONTRACTOR: Here Rentals Inc. 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 the rights to move to the Secondary Contractor. Should the Secondary Contractor not be able to provide the services for the same reason the Primary is unable to, the Division reserves the rights to move to the Tertiary Contractor. The County also reserves the right to seek services outside this Agreement if the Primary or Secondary or Tertiary Contractor are unable to perform the services. 1. DETAILED SCOPE OF WORK 1.1. Rental services shall include all equipment, labor, materials, supplies, including support accessories, transportation, delivery to County designated location, pickup and removal. 1.2. Rental rates will include, daily, weekly, and monthly rental periods. No additional fees shall be charged to the County for• run hours added to the generator• during the normal rental period. 1.3. The generators shall be delivered and, if requested by the Division Representative or designee, installed (setup) and tested (startup) upon delivery, any setup and startup fee will include disconnection (tear•down) upon rental period expiration. The setup and startup shall be a one-time fee per generator per rental period requested and shall be added as a separate invoice line item. 1.4. Any additional fifty (50) feet of cable(s) and hardwire pigtail(s) shall be added as a separate invoiced line item upon request by the Division Representative or designee. This shall be a one-time fee per generator per rental period requested. 1.5. Contractor shall ensure the delivered generators remain operational while on the County's property by performing periodic startup and full systems check at least monthly (where applicable) to be coordinated with the Division Representative or designee. Page 1 of 4 Schedule A —Scope of Services CAO Invitation to Bid (ITB) #234145 f°Generator Rental Services" 1.6. Contractor shall be responsible for providing equipment maintenance, repairs, and on -site technical support as needed. 117. The Contractor shall perform ajoint inspection with the Division Representative or designee upon completion of all work, unless waived by the Division Representative or designee prior to submitting the final invoice. 1.8. The Contractor will provide a Hunicane Response Plan upon award of the contract. Updates to the plan must be submitted by May I" annually. The Hurricane Response Plan at a minimum should update the number of generators the Contractor has available and the method of distribution in the event of a storm, the number and location of staff to provide generators, and alternative locations that Contractor will receive assistance from in the event the location closest to Collier County suffers damage. 2. ASSIGNMENT OF WORK 2.1. The Contractor shall provide a company contact name, phone number and email address for all requests. The Contractor shall be available twenty-four (24) hours per day, 365 days per year, in the event of an urgent request. 2.2. The Contractor shall be provided requests and instructions for supply and delivery of generators by the Division Representative or designee on an as -needed basis by means of a telephone call or email, and a Purchase Order (PO) will be issued. 2.3. No generators shall be delivered until the Contractor• is in receipt of a Purchase Order (PO) from the Division Representative or designee. 3. RESPONSE TIMES 3.1. Normal Service Requests Contractor shall acknowledge a normal service request either verbally or email within one (1) day fiom come the Division Representative or designee issues the request. After receipt of order from the Division Representative or designee, the Contractor shall deliver and, if requested, setup and startup the requested generator(s) and cable(s) and hardwire pigtails within two (2) business days. Any need for extension of time shall be approved either verbally or via email by the Division Representative or designee. 3.2. Urgent Service Requests Contractor shall acknowledge an urgent service request either verbally or via email within one (1) hour of the request being sent by the Division Representative or designee. Contractor shall deliver and, if requested, setup and startup the requested generator(s) and cable(s) within two (2) hours after receipt of order from the Division Representative or designee, unless the Division Representative or designee agrees to a different arrival time. A response time exceeding the two (2) hours must be approved by the Division Representative or designee. The Contractor shall invoice urgent service requests accordingly at the daily, weekly, or monthly generator rate plus an urgent service delivery charge as listed on the bid schedule. The urgent delivery charge can only be invoiced once per service request. Page 2 of 4 Schedule A —Scope of Services CAO Invitation to Bid (ITB) #23-8145 "Generator Rental Services" 3.3. The Division Representative or designee reserves the right to cancel an order and place the order with another Contractor without cost or obligation to the County if the order's response/delivery time is not met within the preapprove County timeframe. 3.4. In cases of a forecasted natural disasters or declared emergency event, the County will provide the Contractor with a list of generators that they anticipate being needed for the event. The intention of the list is to prepare the Contractor ahead of time regarding the specific equipment needs that may arise. The County will keep in contact with the Contractor as to the status of the need for the equipment. 3.5. If equipment cannot be provided locally, the Contractor is expected to bring in equipment from another location or through a subcontractor to meet the needs of the County during a natural disaster or declared emergency event. Subcontractor charges may be invoiced at cost plus 15% markup. 3.6. For any rental request during a natural disaster or declared emergency event the Contractor may invoice for any additional freight charges that apply for any out of area delivery. The Contractor must provide copies of receipts for applicable additional freight charges, within the itemized invoice. 3.7. For any rental requested by the Division Representative or designee during a declared natural disaster or emergency event the Contractor may charge 1.5 times the established rates (rate x 1.5 = emergency rate). The County reserves the right to request services from Contractors outside of the awarded contract, during a declared local natural disaster or emergency even until the rental is no longer required. 4. DELIVERY 4.1. The Contractor shall coordinate delivery with the Division Representative or designee so there is minimal to no interruption to daily work at any location. 4.2. It is the County's intent that all deliveries for normal requests be provided during normal business hours, defined as Monday through Friday 7:00 a.m. - 5:00 p.m., except for County observed Holidays. Delivery requests made outside of normal business hours shall be pre -arranged and approved by the Division Representative or designee. There shall be no additional billable costs for deliveries on normal service requests provided outside of normal business hours. 4.3. Some County sites may be unmanned at time of delivery. The Contractor shall confirm with the Division Representative or designee on arranging delivery services to these sites. 4.4. The rental generators shall be delivered with a full tank of fuel or fueled by the Contractor upon delivery. The County will be responsible for adding fuel as needed during the rental period. Charges for the Contractor supplied fuel that is used by the County and not replenished prior to Contractor picking the unit back up after the rental period shall be invoiced to the County at current fuel cost. Fuel receipts shall be provided with the invoice. 4.5. The Contractor warrants that upon delivery, the equipment rented hereunder shall be in good working condition. If the equipment is not in good working condition upon delivery, the Contractor shall promptly repair or replace the equipment at its sole expense. If the equipment requires repair or replacement during the rental period, the Contractor shall promptly repair or replace the equipment at its sole cost and expense; however, if the repair or replacement is due to the County's abuse, misuse, or neglect, the County shall be responsible for the cost of such repair or replacement. Page 3 of 4 Schedule A —Scope of Services CAO Invitation to Bid (ITB) #23-5145 "Generator Rental Services" 5. SAFT'✓TY 5.1. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), the National Institute of Occupational Safety Hazards (NIOSH), the American National Standards Institute (ANSI), the National Fire Protection Association (NFPA), the Crane Manufacturers Association of America, Inc. (CMAA), National Electric Code (NEC), American Society of Mechanical Engineers (ASME), and other State and County rules and regulations while performing work under the resultant Contract. 5.2. Appropriate barricades and signs shall be provided and utilized by the awarded Contractor when work is performed in areas traversed by persons, or when deemed necessary by the County. 5.3. The Contractor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury to any persons within and around the work site. 5.4. The Contractor shall be responsible for any damage to County or personal property due to negligence on the pail of the Contractor or their employees. Restorations shall be made to the County's satisfaction. 5.5. Hazardous conditions shall be immediately reported to the County. 5.6. 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. Ifrequired, 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. 5.7 The Contractor(s) 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. 5.8 All the 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(s) 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. 5.9 Collier County Sheriffs Office 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(s) is responsible for all costs. Page 4 of 4 Schedule A —Scope of Services CAO Exhibit B Fee Schedule following this page (pages through 1 ) Page 16 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l ] CAO Invitation to Bid (ITB) 823-8145 " Generator Rental Services" EXHIBIT B FEE SCHEDULE TERTIARY CONTRACTOR: Herc Rentals, Inc. Generator Rental Rates Item Noa Generator Size or sufficient power to accommodate Daily Rate Weekly Rate Monthly Rate Generator Setup and Startup Fee* 1 10-50 KW $ 782,00 $ 1271.00 $ 2,693.00 $ 600,00 2 51- 99 KW $ 900,00 $ 1,658.00 $ 319D0.00 $ 600.00 3 100-150 KW $ 900.00 $ 1,658.00 $ 3,900.00 $ 600,00 4 151-199 KW $ 1,124.00 $ 2,359.00 $ 4,648.00 $ 600,00 5 200-249 KW $ 1,456.00 $ 2,714.00 $ 6j028,0O $ 600,00 6 250-400 KW $ 11578,00 $ 3,295.00 $ 7,063.00 $ 600,00 7 401- 499 KW $ 3107.00 $ 7,695.00 $ 20,000.00 $ 600.00 8 500-749 KW $ 3,107.00 $ 7,695.00 $ 20,000.00 $ 600,00 9 750-799 KW $ 31058,00 $ 7,173.00 $ 20,374.00 $ 600.00 10 800-999 KW $ 3,058.2 $ 71173,00 $ 20,374,00 $ 600,00 11 1000-1249 KW $ 4,550.00 $ 12,165,00 $ 33,450,00 $ 600,00 12 1250-1499 KW $ 4,550.00 7 12,165.00 $ 33,450.00 $ 600.00 13 1500-1749 KW $ 4,550.00 $ 12,165.00 $ 33,450.00 $ 600,00 14 1750-2000 KW $ 5,576.00 $ 14,639.Do $ 37,883.00 $ 600,00 During a natural disaster or emergency event, the Contractor may charge 1,5 time the established rates (rate x 1.5=emergency rate •Generator Startup and Setup Fee only if requested Additional Fees (only upon request by the County above All Additional Fees (only upon request by the County above providing of providing of generator.) generator.) Description Rate $139. 0 Weekly F17 Cable Fee (400 amp) 50'each and Hardwire Pigtail $227.00/Monthly $39.00 Daily 2,500 gallon skid mounted fuel tank and accessories to be delivered for the rental period- set up, start up, Pie -Aid - Initial fueling and teardown Included Urgent Service Delivery Charge - not to Exceed 19 $500.00(not applicable to Natural disasters or declared $500 emergency events - Sections 3.5-3.8) prices will remain firm for the duration of the contract. CAO Description: Other Exhlblt/Attachment Federal Contract Provisions and Assurances N following this page (pages through 11 ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l ] CAO Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (Ili) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and pertorming any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide CAO EXHIBIT I -1 6123l20231:36 PM p. 35 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, apaid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. CAO EXHIBIT I - 2 6/23/2023 1:36 PM p. 36 Collier County SoliGtation 23-8146 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019I No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (III) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity Identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer CAO EXHIBIT I - 3 6I23120231:38 PM p. 37 Collier County SoliGlation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180,940) or disqualified (defined at 2 C.F.R. § 180,935), (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in Its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired-- Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https:!/www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Antl•Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." CAO EXHIBIT I -4 6/23/2023 1:36 PM P• 38 Collier County SollGtation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S,C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which, he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. CAO EXHIBIT I - 5 8/23I2023 1:36 PM p. 39 Collier County Solicitation 23-8146 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1,4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4, During the pertormance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender Identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor CAS EXHIBIT I - 6 8/23/2023 1:36 PM p. 40 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workersrepresentatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretaryof Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States, Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding CAO EXHIBIT I - 7 6I23/20231:36 PM p. 41 Collier County SoliGlatlon 23-8145 EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Herc Rentals Inc. Date July 21, 2023 Authorized Signature EXHIBIT I - 8 CAO 6123/2023 1:36 PM p. 42 Collier County SoliGtation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (t) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Herc Rentals Inc. Jason Oosterbeek Vice President Name and Title 12500 Tamiami Trail Street Address Punta Gorda FL 33955 City, State, Zip CEJGFN29N4L1 UEI Unique Entity Identifier (for SAM.gov verification) 21, 2023 Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 8/23l2023 1:36 PM p. 43 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT will be verified. Unverifable Statuses will require the PRIME to either provvde a revised statement or provide source documentation that validates a A. PRIME VENDOR/CONTRACTOR INFORMATION Herc Rentals Inc. IOU 14127 TBD I5THEPRII.lEAFLORIDA-CERTIFIED DISAOVAUTAGEO, VETERAN Y U THE ACTIVITY OF THIS CONTRACT._ MINORITY OR VYOMEN BURN ESS ENTE RPRISE? DBE? V © CONSTRUCTION? Y N (DBEffASEAVBE) OR HAVE ASMALL OISADVA14TAGED MBE? Y NQ CONSULTATION? Y N BUSII4ESSSA CE0.TINCATION FROM THE SMALL BUSINESS ADMINISTRATION? A SERVICE OISABLEDVETFRAN? WOE? Y 0 OTHER? Y N SUB BA? Y IS THIS SUBMISSION A REVISION? Y IF YESO REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICINCODE SUB/SUPPLIER PERCENTOFCONTRACT VETERAN NAME SPECIALTY ISee BeiRw) DOLLAR AMOUNT DOLLARS NO SU CONTRACTOR OR SU PLIER WH IS A DISAD ANTAGED NORITY, C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DAIS TITLE OF SUBMIRER Jason Oosterbeek July 21, 2023 Vice President EMAIL ADDRESS OF PRIME (SUSMR7ER) TELEPHONE NUMBE0. FAX NUMBER hercbids@hercrentals.com 239-301- 1345 NOTE: This information is used to [rack and report anticipated DBE or MBE participation In federally -funded contracts. The anticipated DBE or h1BE amount is voluntary and will no[ become part of the contractual terms. This to the submitted at time of response to a solicitation. if and when invarded a County contract, the prime will be asked to update the information for the grant compliance isles. ETHNICITY [ODE Slack American @A Hispanic Amerscan HA NatrreAmarkan NA SUbtont. Asian American 5AA Adan-PacificAmedcan APA Non -Minority Women NPAW Other: not of any other group listed o D. SECTION TO BE COMPLETED BY COLLIER COUNTY CAO xcuauftaiLc 6/23I2023 1:36 PM p. 44 Collier County Solicitation 23-8145 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100.000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Herc Rentals Inc. Contractor (Firm Name) 5 ature of Contractor's Authorized Official Jason Oosterbeek, Vice President Name and Title of Contractor's Authorized Official July 21, 2023 Date EXHIBIT I - it CAO 8/23I2023 1:36 PM p. 45 FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 23-8145 for Generator Rental Services THIS AGREEMENT, made and entered into on this day of 20 23 , by and between 360 Energy Solutions LLC authorized to do business in the State of Florida, whose business address is 7650 NW 50th Street, Miami, FL 33166 , (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 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 ❑ � Invitation to Bid (ITB) ❑ Gt#e -----) # 23-8145 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑� The Contractor shall also provide services in accordance with Exhibit A —Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Conh•actor Agreement [2023_Ver.l] 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. 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): � Unit Price; The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] CAU 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. gram —a &4LWM�— — —AN Mm Rat 014 all 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. Page 3 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] 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. 360 Energy Solutions LLC Address. 7650 NW 50th Street Miami, FL 33166 Authorized Agent: Antonio "Tony" Noa Attention Name & Title. Telephone: (748) 348-2156 E-Mail(s): Tony,Noa@360energysolutions.net 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: Division Name: Address: Howard Brogdon Water Division 3339 Tamiami Trail East Naples. Florida 34112 Administrative Agent/PM: Pamela Libby Telephone: (239) 252-6239 E-Mail(s): Pamela.Libby@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 [2023_Ver.l ] 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 Liabilitv: 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. ❑� Business Auto Liabilitv: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] CPO ■ 4 _ ww w - _ANN% WAN w � 1two WAN so am on ��W am AWN A Am AM �WAWN�WA�q 06 WA AWN LVIN �1WNMMWA1M1MWAMWA&VMft� -Nil IN I - -ME MAnwomm ❑ 2X21d r t�ca !U=a v'vv r• o h l l h i� i n iM rlii E E1f Q r� o r n l n i m F 0 Pollution Liability :Coverage shall have minimum limits of $ 1,000,000 per occurrence. 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 6 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.1 ] 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 Water 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), ❑E Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ R€P/ ❑■ ITB/❑ OtheF #2M145 including Exhibits, Attachments and Addenda/Addendum, ❑ �„" � ��+ gt+etes, and I Other Exhibit/Attachment: Federal Contract Provisions and Assurances 17. APPLICABILITY. Sections corresponding to any checked box (■)expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] 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: PublicRecordReg uestAcolliercountyfl.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 [2023_Ver.l] 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- upthe 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. �■ 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 Page 9 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] 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. M- - - -30MINNA - OF MEW KALWAN W — — —MIAMIZIMUmimAMM"'mmmakwi-Ah — is Am MIA A - - - - - Page 10 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.1 ] - - - -Sam - - - - - - - WE MINIM 11 44 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. Page 11 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.1 ] CAO 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. ❑■ 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. � ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its Page 12 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] 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(7a 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. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Collier County Sheriff's Office (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, 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, Page 13 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Vei•.1] C[�,O 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; Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) Contractor's Witnesses: o tracto 's First Second Witness TType/print witness namef Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro ,Chairman 360 Energy Solutions LLC Contractor Page 14 of 17 � Fixed Term Service Multi -Contractor !\greement [2023_Ver, l ] CAO Exhibit A Scope %J Services ❑■ following this page (pages through 4 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] Invitation to Bid (ITB) #23-8143 "Generator Rental Services" SCOPE OF SERVICES BACKGROUND. Multiple County Divisions use generators of various manufacturers, sizes, and horsepower in their daily operations. Divisions utilize contracted services to provide rental generators to ensure continued operation, address future growth, and increase asset lifespan. The rentals are required to provisionally replace existing equipment that is not functioning, renovations of facilities, special events, and times declared a State of Emergency requiring a generator for short or long-term use. This coordinated contract will enable the County Divisions to utilize this service efficiently. This Agreement is awarded on a Primary/Secondary/Tertiary basis as follows: PRIMARY CONTRACTOR: SECONDARY CONTRACTOR: TERTIARY CONTRACTOR: 360 Energy Solutions LLC United Rentals (North America), Inc. Herc Rentals Inc. 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 the rights to move to the Secondary Contractor. Should the Secondary Contractor not be able to provide the services for the same reason the Primary is unable to, the Division reserves the rights to move to the Tertiary Contractor. The County also reserves the right to seek services outside this Agreement if the Primary or Secondary or Tertiary Contractor are unable to perform the services. 1. GENERAL REQUIREMENTS 1.1. Rental services shall include all equipment, labor, materials, supplies, including support accessories, transportation, delivery to County designated location, pickup and removal. 1.2. Rental rates will include, daily, weekly, and monthly rental periods. No additional fees shall be charged to the County for run hours added to the generator during the normal rental period. 1.3. The generators shall be delivered and, if requested by the Division Representative or designee, installed (setup) and tested (startup) upon delivery, any setup and startup fee will include disconnection (teardown) upon rental period expiration. The setup and startup shall be a one-time fee per generator per rental period requested and shall be added as a separate invoice line item. 1.4. Any additional fifty (50) feet of cables) and hardwire pigtails) shall be added as a separate invoiced line item upon request by the Division Representative or designee. This shall be a one-time fee per generator per rental period requested. 1.5. Contractor shall ensure the delivered generators remain operational while on the County's property by performing periodic startup and full systems check at least monthly (where applicable) to be coordinated with the Division Representative or designee. Page 1 of 4 Schedule A —Scope of Services CAQ Invitation to Bid (ITB) YIMU45 "Generator Rental Services" 1.6. Contractor shall be responsible for providing equipment maintenance, repairs, and on -site technical support as needed. 1.7. The Contractor shall perform a joint inspection with the Division Representative or designee upon completion of all work, unless waived by the Division Representative or designee prior to submitting the final invoice. 1.8. The Contractor will provide a Hurricane Response Plan upon award of the contract. Updates to the plan must be submitted by May I` annually. The Hurricane Response Plan at a minimum should update the number of generators the Contractor has available and the method of distribution in the event of a storm, the number and location of staff to provide generators, and alternative locations that Contractor will receive assistance from in the event the location closest to Collier County suffers damage. 2. ASSIGNMENT OF WORK 2.1. The Contractor shall provide a company contact name, phone number and email address for all requests. The Contractor shall be available twenty-four (24) hours per day, 365 days per year, in the event of an urgent request. 2.2. The Contractor shall be provided requests and instructions for supply and delivery of generators by the Division Representative or designee on an as -needed basis by means of a telephone call or email, and a Purchase Order (PO) will be issued. 2.3. No generators shall be delivered until the Contractor is in receipt of a Purchase Order (PO) fi•om the Division Representative or designee. 3. RESPONSE TIMES 3.1. Normal Service Requests • Contractor shall acknowledge a normal service request either verbally or email within one (1) day from the time the Division Representative or designee issues the request. • After receipt of order from the Division Representative or designee, the Contractor shall deliver and, if requested, setup and startup the requested generator(s) and cable(s) and hardwire pigtails within two (2) business days. • Any need for extension of time shall be approved either verbally or via email by the Division Representative or designee. 3.2. Urgent Service Requests • Contractor shall acknowledge an urgent service request either verbally or via email within one (1) hour of the request being sent by the Division Representative or designee. • Contractor shall deliver and, if requested, setup and startup the requested generator(s) and cable(s) within two (2) hours after receipt of order from the Division Representative or designee, unless the Division Representative or designee agrees to a different arrival time. A response time exceeding the two (2) hours must be approved by the Division Representative or designee. • The Contractor shall invoice urgent service requests accordingly at the daily, weekly, or monthly generator rate plus an urgent service delivery charge as listed on the bid schedule. The urgent delivery charge can only be invoiced once per service request. Page 2 of 4 Schedule A —Scope of Services Cp,O Invitation to Bid (ITB) #23-8145 "Generator Rental Services" 3.3. The Division Representative or designee reserves the right to cancel an order and place the order with another Contractor without cost or obligation to the County if the order's response/delivery time is not met within the preapprove County timeframe. 3.4. In cases of a forecasted natural disasters or declared emergency event, the County will provide the Contractor with a list of generators that they anticipate being needed for the event. The intention of the list is to prepare the Contractor ahead of time regarding the specific equipment needs that may arise. The County will keep in contact with the Contractor as to the status of the need for the equipment. 3.5. If equipment cannot be provided locally, the Contractor is expected to bring in equipment from another location or through a subcontractor to meet the needs of the County during a natural disaster or declared emergency event. Subcontractor charges may be invoiced at cost plus 15% markup. 3.6. For any rental request during a natural disaster or declared emergency event the Contractor may invoice for any additional freight charges that apply for any out of area delivery. The Contractor must provide copies of receipts for applicable additional freight charges, within the itemized invoice. 3.7. For any rental requested by the Division Representative or designee during a declared natural disaster or emergency event the Contractor may charge 1.5 times the established rates (rate x 1.5 = emergency rate). The County reserves the right to request services from Contractors outside of the awarded contract, during a declared local natural disaster or emergency even until the rental is no longer required. 4. DELIVERY 4.1. The Contractor shall coordinate delivery with the Division Representative or designee so there is minimal to no interruption to daily work at any location. 4.2. It is the County's intent that all deliveries for normal requests be provided during normal business hours, defined as Monday through Friday 7:00 a.m, - 5:00 p.m., except for County observed Holidays. Delivery requests made outside of normal business hours shall be pre -arranged and approved by the Division Representative or designee. There shall be no additional billable costs for deliveries on normal service requests provided outside of normal business hours. 4.3. Some County sites may be unmanned at time of delivery. The Contractor shall confirm with the Division Representative or designee on arranging delivery services to these sites. 4.4. The rental generators shall be delivered with a full tank of fuel or fueled by the Contractor upon delivery. The County will be responsible for adding fuel as needed during the rental period. Charges for the Contractor supplied fuel that is used by the County and not replenished prior to Contractor picking the unit back up after the rental period shall be invoiced to the County at current fuel cost. Fuel receipts shall be provided with the invoice. 4.5. The Contractor warrants that upon delivery, the equipment rented hereunder shall be in good working condition. If the equipment is not in good working condition upon delivery, the Contractor shall promptly repair or replace the equipment at its sole expense. If the equipment requires repair or replacement during the rental period, the Contractor shall promptly repair or replace the equipment at its sole cost and expense; however, if the repair or replacement is due to the County's abuse, misuse, or neglect, the County shall be responsible for the cost of such repair or replacement. Page 3 of 4 Schedule A —Scope of Services Invitation to Bid (ITB) #21M145 "Generator Rental Services" 5. SAFETY 5.1. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), the National Institute of Occupational Safety Hazards (NIOSH), the American National Standards Institute (ANSI), the National Fire Protection Association (NFPA), the Crane Manufacturers Association of America, Inc. (CMAA), National Electric Code (NEC), American Society of Mechanical Engineers (ASME), and other State and County rules and regulations while performing work under the resultant Contract. 5.2. Appropriate barricades and signs shall be provided and utilized by the awarded Contractor when work is performed in areas traversed by persons, or when deemed necessary by the County. 5.3. The Contractor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury to any persons within and around the work site. 5.4. The Contractor shall be responsible for any damage to County or personal property due to negligence on the part of the Contractor or their employees. Restorations shall be made to the County's satisfaction. 5.5. Hazardous conditions shall be immediately reported to the County. 5.6. 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. 5.7 The Contractors) shall immediately notify the Collier County Facilities Management Division via a - 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. 5.8 All the 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(s) 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. 5.9 Collier County Sheriff's Office 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(s) is responsible for all costs. Page 4 of 4 Schedule A —Scope of Services CAU Exhibit B Fee Schedule following this page (pages . through . ) Page 16 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l ] Invitation to Bid (ITB) #23-8145 " Generator Rental Services" EXHIBIT B FEE SCHEDULE PRIMARY CONTRACTOR: 360 Energy Solutions LLC Generator Rental Rates Item No. Generator Size or sufficient power to accommodate Daily Rate Weekly Rate Monthly Rate Generator Startup Setup and Fee* 1 10 - 50 KW $ 302.50 $ 11200,00 $ 2,500.00 $ 11500,00 2 51 - 99 KW $ 425.00 $ 11400,00 $ 2,800.00 $ 1,500.00 3 100 - 150 KW $ 525.00 $ 11700,00 $ 30300,00 $ 1,500.00 4 151 - 199 KW $ 650.00 $ 11950,00 $ 31850,00 $ 11500,00 5 200 - 249 KW $ 1,200.00 $ 21200,00 $ 41250,00 $ 11500,00 6 250 - 400 KW $ 1,400.00 $ 2,400.00 $ 4,500.00 $ 11800,00 7 401 - 499 KW $ 1,550.00 $ 2,600.00 $ 41750,00 $ 1,500.00 8 500 - 749 KW $ 11650,00 $ 2,800.00 $ 71500,00 $ 1,800.00 9 750 - 799 KW $ 11950,00 $ 3/100900 $ 91800,00 $ 1,800.00 30 800 - 999 KW $ 21300,00 $ 31800,00 $ 10,200,00 $ 1,800.00 11 1000 - 1249 KW $ 21600,00 $ 4,200.00 $ 13,500.00 $ 1,800.00 12 1250 - 1499 KW $ 21800,00 $ 6,500.00 $ 16,500400 $ 11800,00 13 1500 - 1749 KW $ 31500,00 $ 7/000400 $ 24,000.00 $ 11800,00 14 1750 - 2000 KW $ 41500,00 $ 8,000.00 $ 28,500.00 $ 1,800.00 During a natural disaster or emergency event, the Contractor may charge 1.5 time the established rates (rate x 1.5=emergency rate *Generator Startup and Setup Fee only if requested Additional Fees (only upon request by the County above Additional Fees (only upon request by the County above providing of providing of generator.) generator.) Item Description Rate No. 17 Cable Fee (400 amp) 50' each and Hardwire Pigtail $600/monthly $25.00 Weekly 2,500 gallon skid mounted fuel tank and accessories to 18 be delivered for the rental period- set up, start up, 6,50 initial fueling and teardown Included Urgent Service Delivery Charge - not to Exceed $500,00 19 (not applicable to Natural disasters or declared $300 emergency events - Sections 3.5-3.8) All prices will remain firm for the duration of the contract. Description: Other EXhlbit/AttaChment Federal Contract Provisions and Assurances following this page (pages ❑ this exhibit is not applicable through 11 Page 17 of 17 Fixed Term Service Multi -Contractor Agreement [2023_Ver.l] EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200,23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 2 C.F,R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 44 C.F.R. Part 206 c The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions, (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes; To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable, DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts, Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. or purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stags through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete: glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, apaid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data, For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government; The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 CAO EArliniT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or SerVICWQ* (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause (bj Prohibitions. {1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115"232, and 2 C.F.R. § 200,216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Proct.rre or obtain any equipment, system, ar service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. {1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. i'he Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180,905) are excluded (defined at 2 C.F.R. § 180,940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F,R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000); In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: tittps:/winhv,epa.govlsmrYiIcomprehcnsive- procurement-guideline-cpg-prograrl7, The Contractor also agrees to comply with all other applicable requirements of Section G002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000); Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I •4 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Ac# (40 U.S.C. 3701-3708} (over $100,000}: Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding far unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth In paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act, (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for ail laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - S CAO EXH1611 I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA, Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq, 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000); Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (960A.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows; (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or nakionai origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other farms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration far employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4} The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 �:AO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives %J the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. {7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1 } and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result ofi such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 �'AO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Date Authorized Signature EXHIBIT i - 8 CAO EXhiIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (I) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR 1 Signature Name and Tale `11,��') Street Address PIVO City, State, Zip �I /I'wI /r -c/F/�1 UEI Unique Entity Identifier (for SAM.gov verification) Sub -Recipient Name: Collier County Board of County Commissioners REM Contract Number: TBQ FEMA Project Number. TBD EXHIBIT I - 9 CAO EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLDER COUNTY ANTICIPATEp CiISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATIZ7N STATEMENT rill be verified. Un•:etrfabie statuses lsOtl require the PRII.tf to either proivde a to lied statement of provide source documentation that validates a A, PRIME VEN[)ORjCONTRACTOR INfC)RMATION PP.IhtE WAMf PRildE FE,D NUh1EER CONTRACT DOLLAR AMOUNT +S THE PRIME A TLORIDA C TMED DISAD4'ANTAGED. VETERATJ Y N S THE ACTIVITY OF THIS CONTRACT . MI"IOR:Tf OR WOM M BUSINESS ENTERPRISE? DBE? v N CONSTRUCTION ? Y `DBE; IABE/NSEi OR HA4t A SMALL DISADVANTAGED BUSINESS$«CERTIfICATIONFROM THE SMALL BUSINESS Ilia N CONSULTATION? y LDMINISTRATIONT A SERVICE DISADUDVFTERAfi? 4VZE? y N OTHER? Y t SDB B:.? (S j N L TWS SUSMIS510N A REVISION? 'r N 'F YES, RE'r?SiON NVIASER B. If PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, STv1A11 BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME (S TO COMPLETE THIS NEXT SECTION DBE MJWBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR FTTIfJi[tTY CODE SVB/5UPPLIER PERCETJT OF CONTRACT VETERAN NAME SPECIALTY {Sae BetoW) DOLLAR AMOViJT OULLAitS TOTALS' C, SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TrTLE OF SUBMITTER n) .4)A- 2-3 `�) 3 EMAIL ADDRESS OF PRIME ISUBMTTTER) TELEPHONE NUMBER FAN NUMBER NOTE: This information is used to track and report anticipated DBE or LIBE participation in federally -funded contracts, The anticipated DSE or NiBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation i and when awarded a County concraln, the prime will be asked to update the informatitn for the grant compliance files — ETttfJittt'Y D. CODE 8i>ck amentan BA HlspaniC Arnencan HA Native American NA SubCont. Asian American SAA .A,Sian-Padit Arne(jean APA tionoMincloty Women Nf.4'N OYStet: not of any btiter group (fisted O SECTION TO BE COMPLETED BY CQLLIER COUNTY --DEPAATt.iENT NAIAf COW ER CObTRACT81f B1P:Por FOJRFO', GRANT OROGRLht;'COr3T RACT ACCEPTED BY: DATE EXHIBIT I - 10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned (Contractor) certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, 2, If any funds other than Federal appropriated funds have been paid or wi(I be paid to any person for influencing ar attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certcation is a prerequisite far making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certificatioh and disclosureI if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any, Gontractor (Firm Name) of Contractor's Authorized Official I ,ffUl jr l il1/1 i �� j��{ f{� Name and Title of Contractor's Authorized Official EXHIBIT I - 11 CAO