Backup Documents 12/12/2023 Item #16C 1 (360 Energy Solutions, LLC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 C 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management , //z JZ3
2. County Attorney Office County Attorney Office �1 `
19/ 3,;L
4. BCC Office Board of County
Commissioners lu- /T
4. Minutes and Records Clerk of Court's Office /
20/0
5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above,may need to contact staff for additional or missing informati n.
Name of Primary Staff Francheska Correa/Procurement Contact Information 239-252-2060
Contact/Department
Agenda Date Item was 12/12/2023 Agenda Item Number 16.C.1..b
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A 23-8145 360 Energy
number if document is 360 Energy Solutions, LLC
to be recorded
Solutions, LLC
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be FC
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the FC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 12/12/2023 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
1 6 C 1
FIXED TERM SERVICE
MULTI-CONTRACTOR AWARD AGREEMENT
# 23-8145
for
Generator Rental Services
THIS AGREEMENT, made and entered into on this 12 day of i e- 2023
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 on and
terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or
terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for
two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a ® Purchase Order ❑ .
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of I I ■ Invitation to Bid (ITB)
ether ( ) # 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-Contractor Agreement[2023_Ver.1]
6C1
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.
❑ Other
Exhibit/Attachment:
•
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):
7 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks arc
is authorized.
n •
•
of hours worked and billing rate by position (and not company (or subcontractor)
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[2023_Ver.l]
i 6C 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.
4-5 I I : Travel and
Reimbursable Expenses must be approved in advance in writing by the County. Travel
Reimbursements shall be at the following rates:
Mileage i per +le
Breakfast $&OO
LuReh $44-48
ginner $-1-9709
Airfare •
Rental car
•
Packing Aettial-c-estef-par-king
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[2023_Ver.1]
� 6C1
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: 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.
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.1]
1 6 C 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. Ilk Commercial General Liability: Coverage shall have minimum limits of
$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. • Business Auto Liability: Coverage shall have minimum limits of$ 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.1]
cAQ
1 6 C 1
�- n
liability for claims arising out of te�eTfo;,;�e,Ice i,.r,nl cor„inoc r,rlor +hic
Agreement. Contractor waives its right of recovery against-County as to any claims under
F. • Pollution Liability
Coverage
shall have minimum limits of$ 1,000,000 per occurrence.
6- ^ -Geverage
shall have minimum limits of$ per claim.
1- I :-Coverage
per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
Page 6 of 17
Fixed Term Service Multi-Contractor Agreement[2023_Ver.1]
16C1
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, n RFP/ n ITB/ Other
#23-8145 , including Exhibits, Attachments and Addenda/Addendum, I I subsequent
quote;, 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.1]
CAO
16C1
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&..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]
1 6C
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. 1.1 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.1]
CA®
1 6 C 1
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.
2& ❑ •
will be of satisfactory material a
the purpose intended. Goods shall be delivered free from any security interest or other
and payment by the County.
Contractor further
t c Contract Documents shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturers,
Documents-,
conformance with the Contract Documents, Contractor shall correct it promptly after
of such replacement or repair. '
26. ❑
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 organization&
acceptable to the County.
27.
Page 10 of 17
Fixed Term Service Multi-Contractor Agreement[2023_Ver.1]
16C1
Contractor.
Work or adjacent property to stresses or pressures that will endanger it.
to the Project. If Contractor; or its •subcontractors, agents or anyone, for v h.m
•
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
1 6 C 1
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.
•
The Contractor shall make commercially reasonable efforts to notify Collier County within
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.
•
take-pfe .
n ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or
among the terms of any of the Contract Documents and/or the County's Board approved
Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at County's discretion.
36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
Page 12 of 17
Fixed Term Service Multi-Contractor Agreement[2023_Ver.1]
1 6 C 1
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{ 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. n SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable
rules and regulations. Also, all Contractors and subcontractors shall be responsible for
the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way
for the purpose of inspection of any Contractor's work operations. This provision is non-
negotiable by any division/department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not have
the right to refuse to allow OSHA onto a project that is being performed on Collier County
Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision
shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
Page 13 of 17
Fixed Term Service Multi-Contractor Agreement[2023_Ver.1]
1 6 C 1 ,
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. 'nt= 4 of the Circuit COLLIER COUNTY, FLORIDA
- ,' . ir'.-) , -.-- P-0
L
l
l2, —
41
ry,�- Rick LoCastro , Chairman
Dated .f •
(SEAL) Attest,as to Chairman's
signature only
Contractor's Witnesses: 360 Energy Solutions LLC
Contractor
DBA
1 By: Cj 1 , )/'-'
o tracto 's First Witness Signature
A /J}Q,J,o A)b If -- Prz s;cie,j.4--
r TType/print signature and titleT • '
Contractor's Second Witness
OdQk I 'e-
1'Type/print witness name
A proved as to For nd gality:
ter, , County Attorney
Print Name
Page 14 of 17 (ifie
Fixed Term Service Multi-Contractor Agreement[2023_Ver.l]
CAO
1 6 C 1
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.1]
1 6 C 1
Invitation to Bid (ITB) #23-8145
"Generator Rental Services"
EXHIBIT A
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: 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.
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. 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
CE0
1 6 C 1
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 1st 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
CPO
160 1
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
16C1
Invitation to Bid (ITB)#23-8145
"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 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.
Page 4 of 4
Schedule A—Scope of Services CAO
1 6 C 1
Exhibit B
Fee Schedule
following this page (pages through i)
Page 16 of 17
Fixed Term Service Multi-Contractor Agreement [2023_Ver.1]
CAo
1 6 C 1
Invitation to Bid(ITB)#23-8145"Generator Rental Services"
EXHIBIT B
FEE SCHEDULE
PRIMARY CONTRACTOR: 360 Energy Solutions LLC
Generator Rental Rates
Item Generator Size or sufficient Daily Rate Weekly Rate Monthly Rate Generator Setup and
No. power to accommodate Startup Fee*
1 10-50 KW $ 302.50 $ 1,200.00 $ 2,500.00 $ 1,500.00
2 51-99 KW $ 425.00 $ 1,400.00 $ 2,800.00 $ 1,500.00
3 100-150 KW $ 525.00 $ 1,700.00 $ 3,300.00 $ 1,500.00
4 151-199 KW $ 650.00 $ 1,950.00 $ 3,850.00 $ 1,500.00
5 200-249 KW $ 1,200.00 $ 2,200.00 $ 4,250.00 $ 1,500.00
6 250-400 KW $ 1,400.00 $ 2,400.00 $ 4,500.00 $ 1,800.00
7 401-499 KW $ 1,550.00 $ 2,600.00 $ 4,750.00 $ 1,500.00
8 500-749 KW $ 1,650.00 $ 2,800.00 $ 7,500.00 $ 1,800.00
9 750-799 KW $ 1,950.00 $ 3,100.00 $ 9,800.00 $ 1,800.00
10 800-999 KW $ 2,300.00 $ 3,800.00 $ 10,200.00 $ 1,800.00
11 1000-1249 KW $ 2,600.00 $ 4,200.00 $ 13,500.00 $ 1,800.00
12 1250-1499 KW $ 2,800.00 $ 6,500.00 $ 16,500.00 $ 1,800.00
13 1500-1749 KW $ 3,500.00 $ 7,000.00 $ 24,000.00 $ 1,800.00
14 1750-2000 KW $ 4,500.00 $ 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 Rate
Description
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, $ 6,500.00 Fuel is additional at time of request
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.
1 6 C 1
Other Exhibit/Attachment
Description:
Federal Contract Provisions and Assurances
�■ following this page (pages 1 through 11
this exhibit is not applicable
Page 17 of 17
Fixed Term Service Multi-Contractor Agreement [2023_Ver.1
CAO
1 �� �� �
^� �� o
EXHIBIT
FEDERAL CONTR�CTPROV�|ONGAND 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 hx fund all ore portion uf the contract.
Pursuant uniform requirements of federal awards (2 CFR Port 200.23) the definition of CONTRACTOR is
on entity that receives e Contract/Purchase Order,
Compliance with Federal Law, RaOu|eUono and Executive Orders: The 8ub'Recipion((County)agrees
to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Fundad
Gubaword and Grant Agreement, (i0 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 bylaw,
8pedfioa||y. the Contractor eho|| 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 |aw, regulations, executive orders, FEK4A poUoies, pnooeduree, and directives,
c, 2 C.F,R Pert2OQ Uniform Administrative Requirements. Cont Principles, and Audit
Requirements for Federal Awards
o 44 C.F.R, Part2UO
o The Robert T, Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, aoamonded. 42U.G,C 5121 e\seq.. and Related Authorities
o FE[NA Public Assistance Program and Policy Guide
EXHIBIT|-1
C�°~
��
1 6 C 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.
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
CAO
1 �� �� �
~, �� o
EXHIBIT
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Prohibition on Covered Telecommunications Equipment mrServices:
(o) Definitions. As used inthis clause, the terms baukhau|; covered foreign country, covered
telecommunications equipment or mmmiomo� interconnection arrangements; roaming; substantial or
essential component.- and telecommunications equipment or services have the meaning as defined in
FEN1A Policy,#4D5-143'1 Prohibitions on Expending FEyNA Award Funds foux»vered
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 2C.F�R, § 200.218 prohibit the head ofan executive agency onor after Aug.13. 2030.
from obligating or expending grant. cooperative agreement, |uau 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) Pnnoue or obtain any eguipmpnt, mymtom, 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, oxtend, or renew a contract 0o procure or obtain any aquipmwnt, syohsm, or service that
uses covered telecommunications equipment orservices as m substantial or essential component of
any myo0om, 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 contnaot, nubcontnout, or other contractual inutmment,
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.
(n) Eucephonn.
(1)This clause does not prohibit contractors from providing—(i).A service that connects to the facilities of
o thind'porty, such as bnokhmu|, 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 nr otherwise handles.
(2) By necessary implication and regu|ation, the prohibitions also do not apply to: (i). Covered
telecommunications equipment or services that: i. Are not used moa substantial o,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)ReporhngraquinomenL
(1) In the event the contractor identifies covered telecommunications equipment o, services used as a
substantial or eooendo| component of any syatem, or an critical technology as part of any system, during
contract performanue, or the contractor is notified of such by e 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
oubreoip|ent, unless elsewhere inthis contract are established procedures for reporting the information,
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (|)
Within one business day from the date of such identification or notification: The contract number; the order
number(o), if applicable: supplier name; supplier unique mnUh/ identifier (if known); supplier Commercial
and Government Entity (CAGE) code (if known), brand-, model number (original equipment manufacturer
-
EXHIBIT| -3
CAj
1 �� �� �
~= �� o
EXHIBIT
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 ofsubmitting
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 uhe|| insert the substance of this clause, including this panagxaph(e), in
all subcontracts and other contractual instruments.
Program Fraud and False m« 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 mrAgreement: Exempt from FEMA Public Assistance
Funding
Suspension and Debarment: (1) This contract |oo covered transaction for purposes of2C,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 at2C.F.R. § 18O.885). or its affiliates (defined at2CF�R� § 1OU,SO5) are excluded (defined at2
C�F.R. § 180.040) or disqualified (defined at C.F.R. § 180.935), (2) The contractor must comply with 2
C.F.R. pt. 180. subpart C and 2 C�F.R. [L 3000. subpart and must include a requirement 8o comply with
theme myQu|aUonm in any lower her covered tnsn000Uon 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^ subpartC. in addition to remedies available to the
County. the Federal Government may pursue available vamedins, 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 2CY,R. pt.3OOO.subpart C while this offer is valid and throughout thapanodofonyuuntnaci
that may arise from this offer. The bidder or proposer further agrees toinclude a provision requiring such
compliance in its lower tier covered transactions.
Procurement mf Recovered Materials (§2WO.3Z3) (Over $YQ.008): |n the performance cf this contract,
the Contractor $h$|| make maximum use of products containing recovered materials that any EPA-
designated items unless the product cannot be acquired—Competitively within a timeframe providing for
compliance with the monhad performance schedule-, Meeting contract performance requirements; orAtm
reasonable price. Information about this reqwinoment, e|cmg with the list of EPA-designated items, is
available atEPA's Comprehensive Procurement Guidelines webpage�
https./^wvmmepa,guv/smm/cumprohenoiva-pnoouvement-gukde|me-cpQ'pnogram.
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. W13S2 (as amended) (over$100'nQQ): 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 member ofCongress in connection with obtaining any
Federal contract, grant, or any other award covered by31U.S.C. § 13S2. 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 ho tier upto the recipiant.^
--------
EXHIBIT|'4
1 �� �� �
�� �� x
EXHIBIT
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
_
Contractors must sign endoubmit a certification tothe County with each bid mr offer exceeding $1OO.00O.
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): VVhenw
app|icob|m, all contracts evxonded by the solicitor in excess of $100.000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C, 3702 and 3784, as
supplemented by Department of Labor regulations(29 CFR PartG).
(1) Overtime requirements, No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment oflaborers or mechanics ahmU require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work towork in excess of
forty hours in such workweek unless such laborer ormechanic receives compensation at nuta not less
than one and one-half times the basic neto of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages: liquidated damages. In the event of any violation of the clause
set forth in paragraph (1)of this section the contractor ondanysubuontnaobornysponsib|ethereforahsH|be
liable for the unpaid wages. In addihon, such contractor and subcontractor shall be liable to the United
States(in the case of work done under contract for the District of Columbia or a territory, to such District or
ho such terhbzry).for liquidated damages. Such liquidated damages shall be computed with respect hneach
individual laborer or meohnnic, including watchmen and guapds, employed in violation of the clause met
forth in paragraph(1)of this section, in the sum cf$D7 for each calendar day 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 orFEK8Ashall 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 uontnado,, or any other
federal ly-ass I sted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may bo determined tobe 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) ofthis
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 o period of three years from the completion of the contract for all
laborers and mechaniom, including guards and watchmen, working on the contract. Such records shall
contain the name and address of each such employee, mmciu| 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, copyinQ, or transcription by authorized representatives of the Department ofHomeland
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|-S
1 �% �� �
~= ^� "
EXHIBIT
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Clean Air Act(over$150,000): 1 The contractor agrees to comply with all applicable stnndando, orders
or regulations issued pursuant to the Clean Air Act,as amended,42U.GC§74O1etseq. 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 Fodnno|
assistance provided by FE/NA.
Federal Water Pollution Control Act (over $15O'00O): 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 Uu 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
cont,act, all c(aimo, counter'n|aimo, 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, orino Florida court of competent jurisdiction.
CONSTRUCTION ACTIVITIES
Equal Employment Opportunity Clause (§604.4)' Except as otherwise provided under 41 CFR, Port
SO, all contracts that meet the definition nf''hedera||v assisted construction contract" in41 C,F.R. §S0'i3
must include the equal opportunity clause provided under 41 C,F,R� §SO' 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, oo|o/, ve8gion, oex, sexual orientshon, gender identity, or national origin, Such modnn
shall hno|ude, but not be limited to the hoUowing�
Employment, upgrading. demotion, cxbansfer� recruitment cv recruitment advertiaing� |ayoffurtenminabon;
rates of pay or other forms of compensation: and selection for troining, including apprenticeship. The
contractor agrees 10 post in conspicuous pJacea, 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, ,e|igion, sox, sexual orientation. gender identity, or national origin.
(3)The contractor will not discharge orin any other mannerdisohminabaagainstonyemp|oyeeorappdicen1
for employment because such employee orapplicant has inquired ebout, diwougmed, 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 nhonge, in furtherance of an inveotigotion, proumeding,
heahng, or acUon, including an investigation conducted by the emp|oyor, o, is consistent with the
contractor's legal duty to furnish information.
(4)The contractor will send tn each labor union or representative cf workers with which he has acollective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
_
EXHIBIT|-h
1 �� �� �
^� �� o
EXHIBIT
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 p|ooea available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1BS5. and of
the rules, regulations, and relevant orders oy the Secretary ofLabor,
(6)The contractor will furnish all information and reports required by Executive Order 11246 of September
24. 1965. and by ru|eu, negu|mdono, and orders of the Secretary of Labor, or pursuant theneto, and will
permit access to his bookn, reoordm, and accounts by the administering agency and the Secretary of Labor
for Purposes of investigation to ascertain compliance with such m|ee, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses ofthis contract orwith
any of the said m|eo, negu|ahono, or orders, this contract may becanceled, terminabad, or suspended in
whole orinpart 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. 1966. or by ru|e, regu|aUon, o/ovderof the Secretary of Lebor, or
ao 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 ao the administering
agency may direct as a means of enforcing such proviyions, including sanctions for noncompliance:
Prnvided, hwwever, that in the event contractor becomes involved in, or is threatened with. litigation with
a subcontractor or vendor as a result ufsuch direction by the administering ogency, the contractor may
request the United States to enter into such litigation Voprotect the interests of the United States.
Davis Bacon Act: Exempt under FEK8A Public Assistance Funding
Copeland Anti-Kickback Act; Exempt under FEMA Public Assistance Funding
EXHIBIT 7
1 �� �� �
^° �� "
EXHIBIT
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Compliance with Federal Law, Regulations,And Executive Orders
and Acknowledgement oy Federal Funding
Certification
This is an acknowledgement that FEyNA financial assistance will be used to fund all or a portion of the
contract. The contractor will comply with all applicable Federal |aw, nagu|adwno, executive qrdem. FEMA
po|idao. 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 1m bound by the terms ofthis Agreement, (ii)the subcontractor io
bound by all applicable state and hndexu| laws and regulations, and (i\|) 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 Agrmement, 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,
/ '
Vondo�OontnaotnrName ^3 �� u \-^' '��' _jL' | `^ ' / � / ' J [~ L.-L |
. .
Date
Authorized Signature
____ __
EXHIBIT|'8
1 &� �� �
�� �� n
EXHIBIT
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
-------
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
Contractor Covered Transactions
(|) The prospective subcontractor of the Sub'rodpienL Collier County, certifies, by submission ofthis
documen<, that neither it nor its principals is presently debarred, numpendod, proposed for debarment,
declared ine]iQib|e, or voluntarily excluded from participation in this transaction by any Federal department
or agency.
(2) VVherethe 8ob-nacii t'anubuonLnantoriounnb|etoce�|fyto\heabuvemtatemen\.thap,uupootive
cnntrantshall attach an explanation tn this form.
CONTRACTOR
By
Signature
Name and Title
Street Address
City, State, Zip /
UE| Unique Entity Identifier(for SAM.gov verification)
� I
/
Date /
Sub'RecipientNeme: Collier County Board nf County Commissioners
OEM Contract Number: TBO
FEyNA Project Number: TBD
EXmn|T|-9
1601
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
Sratsa;w,:.1 .efif,ed Un',er4,3t,e statuses fecpx e the PP ME to either proo,,de re,,,,e,.1 statement or popde source documentation that;a, ateS 3
status
A. PRIME VENDOR/CONTRACTOR INFORMATION
PPiME NAP-At PPIAE FE D NUMBER CONTRACT
tjcref 5„ y 3,!;
SINE PRIAE A.toP:DA-ciRT,F,ED ElsADvAv,'AGED, Y f4 S THE AC-r,9"->OF TNIL CONTRAcT
,MPICIR:Tr.DR'oiOMEN SOS,N ESS EhTERPA,SE, DSC, N COta5TRUOTION
DEE,MEE,'"A SEOs.filit SMALL '3CD.ANT AGED
StISONE.CS ZA CEP TIFiCATION EPOIA TtlE SMALL EVSINE Sr; CONSULTAT•ON,
ADhlei,STPATION; A SE R,:CE Di4;AELEDYErfaortf Y N °THEP;
.65
ra 5s;Erh:ES,Drr 2EV*ON N NufABER
II,. IT 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,PwBE SUBCONTRACTOR CF SUPPLER TYPE OF WORK OR ENINICITY CODE - SUB/SUPPLIER PERCENT Of CONTRACT
vETERAN NAME SPECIALTY I See Efekow) DOLLAR AMOUNT DOLLARS
To.AL5
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME Of SUBMITTER DATE TITLE OF ELIBMMER
A704,,'tf, 1\4 t 2-3‘
EMAIL ADDR 1A ESS OF PRIME(5SMITTER) TELEP ONE NUMBER FAX NUMBER
„
,r,e 4-" tt) '' (1 "' 3-5(1 I v -
t1O7E This tnforfnahon ts wed to stack sod report anNcipated DEE of MEE oarttopstton in fedet al'r4unded contracts The antopsted DEE or
MBE amount ts ool cantor,'and tht411 not becotn*part of the contractu&ttrrns This fotm must be subnutted at taste oF tesponse to a
SO'Vtanon f and when awarded a County contra&the prime mit he asked to update the InEonwitton for the grant raenottance Etas
• vitotcttOtii-4k7.riCODE
glad,Amentan 11.4k
HispanIc antencan HA
Natty*American Atik
5utacont Aslan American SAA
ASian-Paidfic Aseetkart APO
ion-MIrnoFtt,''V.'otnera NNTA,
Other:not of any other group rifted 0
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPAIrS.SEN'ttaLlf COWER CONTRACT*Offi . 00PEG GRANT PP oGRANVCONTRAL'T
ACCEPTED BY DATE
EXHIBIT I- 10
CA 0
- r- --- '-��- x �� �^ n---
� �� �� n
EXHIBIT
FEDERAL CONTRACT PROVISIONS AND ASSORANCES
|
LOBBYING CERTIFICATION
(To be submitted with each bid nr offer*ooewdinq $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
oontroot, the making of any Federal grant, the making of any Federal |oan, the entering into of any cooperative
agreement, and the extension. continuation, renewo|, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement,
2, |f any funds other than Federal appropriated(undo 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, |uen, 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
subawande *d all tiers (including auboontnmcto, subgrants, and contracts under grants, ioana, 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, US.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 of31 U S C- § 3801 e1
seq., apply to this certification and disclosure. if any.
(`
Contractor(Firm Name) ) i
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date '
EXHIBIT' 11