#25-8521 (Skymark Refuelers,LLC) GENERAL SERVICE AGREEMENT
#25-8521
for
5,000 Gallon Jet'A'Aviation Fuel Truck
THIS AGREEMENT, made and entered into on this Pe day of A1r.( 2026. ,
by and between SkyMark Refuelers,LLC.
authorized to do business in the State of Florida, whose business address is
4001 E 149th Street,STE B Kansas City,MO 64147 (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 one ( 1 ) year period,
commencing n upon the date of Board approval;er I liven-
and terminating one ( 1 ) 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 thc consent of thc Contractor, renew the
Agreement under all of the terms
( ) additional ( ) yea (s) periods. The County shall give
to the end of the Agreement term then in effect.
The County Manager, or the County Manager's designee, may 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 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 0 Purchase Order El .
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of Request for Proposal (RFP) n Invitation to Bid (ITB) ❑
Other ( ITB )# 25-8521
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.
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.
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General Service Agreement 12025,_vet.2]
3.2 The execution of this Agreement shall not be a commitment to the Contractor to order
any minimum or maximum amount. The County shall order items/services as required
but makes no guarantee as to the quantity, number, type or distribution of items/services
that will be ordered or required by this Agreement.
4. THE AGREEMENT SUM.
IN The County shall pay the Contractor for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by the
County's Contract Administrative Agent/County Project Manager or his designee
pursuant to the fees as set forth in 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".
The County shall pay the Contractor for the performance of this Agreement an
estimated maximum amount of ($ ),
per County fiscal year, pursuant to the fees as set for in 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".
The County shall pay the Contractor for the performance of this Agreement an
estimated maximum amount of ($ ),
based on services performed pursuant to the quoted priced offered by the Contractor in
response to a specific Request for Quotation and pursuant to Price Methodology in
Section 4.1.
The County shall pay the Contractor for the performance of this Agreement an
estimated maximum amount of ($ ),
per County fiscal year, based on units/services furnished pursuant to the quoted priced
offered by the Contractor in response to a specific Request for Quotation and pursuant to
Price Methodology 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.
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General Service Agreement[2025 ver.2]
materials plus the contractor's markup). This methodology is generally used in projects in
,
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,
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must ideAtify the Ei-h-it price r,d t e „mber „f , nit „od (no ntractor
inventory or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided sufficient
funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of the Agreement. Any untimely submission of invoices beyond the specified
deadline period is subject to non-payment under the legal doctrine of"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 Travel and Reimbursable Expenses' Travel and Reimbur-s;ble Expenses-must
y 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 $10.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard size vehicle
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General Service Agreement[2025_ver.2]
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5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531C.
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: SkyMark Refuelers,LLC.
Address: 4001 E 149th,STE B
Kansas City,MO 64147
Authorized Agent: Michael Ellis
Attention Name & Title: Chief Business Development Officer
Telephone: 913-653-8112
E-Mail(s): mellis@skymarkrefuelers.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: Darren Hutton
Division Name: Transportation Management Services
Address: 2685 Horseshoe Drive S.Unit 103
Naples,FL 34104
Administrative Agent/PM: Nick Rossdale
Telephone: 239-252-6297
E-Mail(s): nick.rossdale@collier.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.
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General Service Agreement 12021 cCT 2]
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
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.
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General Service Agreement[2025 ver.2]
12. INSURANCE. The Contractor shall provide insurance as follows:
A. • Commercial General Liability: Coverage shall have minimum limits of
$1,000,00o 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
$i,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.
D Professional Liability Shall be maintained by the Contractor to ensure its legal
liabilit„ fo class arising—out efthe per#eFFRance--of professional-seFviEes under this
this insurance. Such insurance shall have limits of not leaf than $ each
claim and aggregate.
fiber Liability Coverage shall have minimum limits of$ per claim.
F I _ Coverage shall
have minimum limits of$ per claim.
❑ : Coverage shall
have minimum limits of$ per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) days prior written notice, or in accordance with policy provisions.
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General Service Agreement[2025_ver.2]
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
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 Transportation Management Services
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, I•I Exhibit C Affidavit Regarding Labor and Services, I RFP/
• ITB/ Other #25-8521 , including Exhibits,
Attachments and Addenda/Addendum, I I cubscqucnt quote:), and • Other
Exhibit/Attachment: STATE GRANT PROVISIONS AND ASSURANCES
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General Service Agreement[2025 ver.2]
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 Ill, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee of
the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public
Records Law Chapter 119, if applicable, including specifically those contractual
requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,
IT SHOULD 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@collier.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
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General Service Agreement[2025_ver.2]
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
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.
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General Service Agreement[2025_ver.2]
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 Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
❑ CLEAN UP. Contractor agrees to keep the Project site clew^ at ^" ti es of debr
rubbish and waste materials arising out of the Work. At the completion of the Work,
roject
materials, afiflshal4 leave the Project cite clean.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County projects is not in the best interest of the County.
25. n 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. n 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
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General Service Agreement[2025_ver.2]
inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the County.
27. • PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable is responsible for any loss or damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies necessary
to replace such loss or damage shall be deducted from any amounts due to
Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form
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
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General Service Agreement[2025_ver.2]
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
33. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34. n KEY PERSONNEL. The Contractor's personnel and management to be utilized for
this project shall be knowledgeablc in thcir areas of expertise. The County reserves the
fight to perform investigations as may be dccmcd 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
dates. The Contractor shall not change Kcy Personnel unlese the following conditions arc
met: (1) Proposed replacements have substantially the same or better qualification&
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
peFseRRek
n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
35. 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
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General Service Agreement[2025_ver.2]
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at County's discretion.
36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and
properties. Contractor ID badges are valid for one (1) year from the date of issuance and
can be renewed each year at no cost to the Contractor during the time period in which
their background check is valid, as discussed below. All technicians shall have on their
shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPS[c�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. ❑■ 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-
Page 13 of 19
General Service Agreement[2025_ver.2]
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 14 of 19
General Service Agreement[2025_ver.2]
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
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of the Circuit
Court and Cgmptroller
v,'r( ....i By.
Dan Kowal
�Z�•t , Chair n
D, ted (p
;, ( =;"
Contractor's Witnesses: SkyMark Refuelers,LLC.
• Contractor
Seral4)44tel'o--
ConactoFirst Witness fin Signature a n'' (vI K-e Li'15 , if 6,(S„4f Ss L elif hed A icer
SY'/ [-i1-1/y o �°J' TType/print signature and titleT
TTy0 Re/pri wi ness nameT
&rtc6ha-
Contractor's Se d Witness
Cirlaha_
TType/print win nameT
Approved as to Form and Legality:
?
VS c' County ttorney j'1
Print Name zlul�
Page 15of19
General Service Agreement[2025_ver.2]
Exhibit A
Scope of Services
ICI following this page (pages 1 through 2 )
this exhibit is not applicable
Page 16 of 19
General Service Agreement[2025_ver.2]
CPO
Exhibit A—Scope of Services
5,000 Gallon Jet 'A' Aviation Fuel Truck
The Operations and Performance Management—Airport Authority Division is purchasing one complete 5,000-gallon jet"A"aviation
fuel truck for airport operations. The truck shall be fully assembled and ready for immediate use upon delivery. The truck must be
capable of safely storing,transporting,and dispensing aviation fuel,and shall conform to all applicable DOT,OSHA,State,and Federal
safety requirements.
The specifications below are for a fully equipped,road-ready aviation fuel truck(or approved equal).The omission of essential details
does not relieve the Awardee from furnishing a complete,functional truck.The specifications indicated will be considered the minimum.
All parts and components of the vehicle must be new, shall not be used, rebuilt or refurbished and shall not have been used as
demonstration equipment.
General Specifications
1. Truck Cab(Chassis&Powertrain):
1.1 Heavy-duty truck chassis,DOT approved
1.2 Diesel engine
1.3 Automatic
1.4 Full air brake system
1.5 Aviation transceiver with external speaker
1.6 A/C with heating and cooling
1.7 Lighting
1.7.1 LED work lights(2 swivel-mounted each side near tank)
1.7.2 One rear LED work light
1.7.3 One front LED light mounted on top of the cab(movable,in-cab controlled)
1.8 Roof-mounted warning beacon
1.9 Lockable storage cabinet,approx.24"x 36"(size dependent on mounting)
2. Tank(Fuel Storage Unit):
2.1 5,000 gallons
2.2 Single-compartment tank
2.3 Fully baffled aluminum,DOT 406 compliant
2.4 Access
2.4.1 One 20"main manhole with fill/vapor vent
2.4.2 One 20"inspection manhole
2.5 Hooded vent with interlock and elbow
2.6 Welded aluminum extrusions with expanded metal walkway
2.7 Two front and two rear drains
2.8 Rear-mounted aluminum ladder with grip steps and drainage
2.9 Valves
2.9.1 Four(4")internal bottom load valve
2.9.2 Three(3")offload valve
2.9.3 Two and one half(2'h")bottom load adapter with brake interlock
2.10 Sensors
2.10.1 Electronic liquid level gauge
2.10.1 Ball valve sensor precheck
2.11 Mounting:Neoprene sills and full-length retaining strips
Page 1 of 2
Exhibit A—Scope of Services
3. Pump& Refueling Equipment:
3.1 300 GPM PTO-driven centrifugal,self-priming with defueling capability
3.2 Engine management and flow control system
3.3 300 GPM filter vessel with differential pressure gauge
3.4 Electronic water detection sensor
3.5 300 GPM positive displacement meter with electronic display
3.6 Stainless steel,Schedule 5 piping through out
3.7 Hose Reels&Nozzles
3.7.1 One(1)4"x 50'hose with underwing nozzle(electric rewind reel)
3.7.2 Two(2) 1 '''A"x 50' hose with overwing nozzle(electric rewind reel)
3.8 Static reel Located at bottom load valve
3.9 Emergency Shutoffs:Quick-access shutoffs(front right and left of tank)
3.9.1 Fire Extinguishers:Two units installed
3.9.2 Interlocks:Integrated with underwing nozzles,bottom loading valve,and pump selector
3.10 Deadman Control:Electric
3.11 Control Panel Capable of interfacing with FBO for fuel transactions,flow register,and nozzle pressure display
3.12 FSII(Fuel System Icing Inhibitor)System 3.12.1 Mounted FSII tank
3.12.1 Injection system with proportioning controls
3.12.2 Monitoring components included
4.Descriptive Literature:
4.1 Bidders must submit illustrations, brochures, and technical documents demonstrating product compliance with the
specifications.
4.2 Warranty-A minimum of one(1)year warranty on all systems and components.Awardee must include documentation
for all manufacturer warranties.
4.3 Manuals-The Awardee shall provide the following at time of delivery
4.3.1 One(1)x Operation Manual
4.3.2 One(1)x Maintenance Manual
4.3.3 Engine Manual
5.Training:
5.1 Operator and service training shall be conducted at the Marco Island Executive Airport located at
2005 Mainsail Dr,34114 at no additional charge.
6.Special Instructions,Delivery,Tags and Terms:
6.1 Delivery Hours:Monday—Friday,8:00 a.m.to 4:00 p.m.(excluding County Holidays)
6.2 Delivery Deadline: Awardee shall deliver, within 90 to 120 days from notification of award. Awardee will advise
County of confirmed date of delivery,30 days prior to confirmed delivery date.
6.3 The Truck must be delivered fully assembled,tested,and ready for use
6.4 Delivery Address:
Marco Island Executive Airport
2005 Mainsail Dr
Naples FL 34114
Page 2 of 2
Exhibit A—Scope of Services
Exhibit B
Fee Schedule
• following this page (pages 1 through 1
this exhibit is not applicable
Page 17 of 19
General Service Agreement[2025_ver.2]
Exhibit B-Fee Schedule
5,000 Gallon Jet'A'Aviation Fuel Truck
ITEM DESCRIPTION TOTAL COST
1 Truck Cab(Chassis&Powertrain) $ 113,600.00
2 Tank(Fuel Storage Unit) $ 40,435.00
3 Pump&Refueling Equipment $ 175,865.00
TOTAL BID AMOUNT: $ 329,900.00
Page 1 of 1
Exhibit B-Fee Schedule
Exhibit C
Affidavit Regarding Labor and Services
Following this page
Page 18 of 19
General Service Agreement[2025_ver.2]
AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a
nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an
affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the
nongovernmental entity does not use coercion for labor or services.
Effective January 1,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet
any of the following criteria: (a)the entity is owned by the government of a foreign country of concern; (b)the government of a
foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal
place of business in a foreign country of concern.
Effective July 1,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access
to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an
officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs
(2)(a)-(c),§287.138,Florida Statutes.
Nongovernmental Entity's Name: kti Mark 0 cie I eiS, ae
u
Address: o E. 1448 ${-.t SAC t kifisiS 6i, mo f0gI/7
Phone Number: [I3- 6 5•5- /I.
Authorized Representative's Name: 1 I'S a
Authorized Representative's Title: -hie A4S1 c ' !Jive0pmen-i- -h�Y
Email Address: It I,'s psi/lbw-I, Ro eit-S. Choy)
I, A i,p El I S 0, (Name of Authorized Representative), as authorized representative attest under
penalty of perjury that 3t.i4 rn4rk AA/el ers-, 1/r (Name of Nongovernmental Entity) does not: (1) use
coercion for labor or serviceb as defined in§ 787.06,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by
a government of a foreign country of concern,(b)that a foreign country of concern does not have a controlling interest in the
entity, and (c)that the entity is not organized under the laws of or has its principal place of business in a foreign country of
concern,all as prohibited under§287.138,Florida Statutes.
Un'er''e I
1p
of`"" li eclar IP . ave read the foregoing Affidavit and that the facts stated in it are true.
tkit1 `� .311;Pie
(Signature of authorized representative) Date
STATE OF Mi SSv ti-r)
COUNTY OF JC4-01,\
Sworn to(or affirmed)andsubscribed before me,by means of["physical presence or 0 online notarization this
I 2'aday of wtur t, ,20 Z(,,by 114 Ice (GGS (Name of Affiant),who produced his Driver's License as
identification.„at‘(d `7
a rui -" _ MICHELLE ANNE KAISER
Notary Public Nota Public—Notary Seal
i
/�, ATE OF MISSSOJackson CyURI
�` ��� My Commiss on Expires Feb.25,2028 `;
Commission Expires Commission#24498673
Personally Known ZR Produced Identification 0
Type of Identification Produced:
Other Exhibit/Attachment
Description: STATE GRANT PROVISIONS AND ASSURANCES
ill following this page (pages through 10 )
this exhibit is not applicable
Page 19 of 19
General Service Agreement[2025_ver.2]
STATE GRANT PROVISIONS AND ASSURANCES
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CSFA 55.004
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.
The services performed by the awarded Contractor shall be in compliance with all applicable State
of Florida Department of Transportation regulations/requirements, and additional requirements
specified in this document.It shall be the awarded Contractor's responsibility to acquire and utilize
the necessary manuals and guidelines that apply to the work required to complete this project. In
general,
1) The contractor (including all subcontractors) must insert these contract provisions in
each lower tier contracts (e.g. subcontract or sub-agreement);
2) The contractor(or subcontractor)must incorporate the applicable requirements of these
contract provisions by reference for work done under any purchase orders, rental
agreements and other agreements for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by
any subcontractor, lower-tier subcontractor or service provider
Page 1 of 10
STATE GRANT PROVISIONS AND ASSURANCES
General Civil Rights Provisions
The General Civil Rights Provisions found in 49 USC § 47123, derived from the Airport and
Airway Improvement Act of 1982, Section 520, apply to all sponsor contracts regardless of
funding source.
In all its activities within the scope of its airport program, the Contractor agrees to comply with
pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent
Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race,
color, national origin (including limited English proficiency), creed, sex, age, or disability be
excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Title VI Solicitation Notice
The COUNTY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78
Stat.252,42 USC §§2000d to 2000d-4)and the Regulations,hereby notifies all bidders or offerors
that it will affirmatively ensure that for any contract entered into pursuant to this advertisement,
[select businesses, or disadvantaged business enterprises or airport concession disadvantaged
business enterprises] will be afforded full and fair opportunity to submit bids in response to this
invitation and no businesses will be discriminated against on the grounds of race, color, national
origin(including limited English proficiency), creed, sex(including sexual orientation and gender
identity), age, or disability in consideration for an award.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract,the Contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-
discrimination statutes and authorities, including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.),as amended(prohibits
discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the
Basis of Disability in Programs or Activities Receiving Federal Financial Assistance);
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
Page 2 of 10
STATE GRANT PROVISIONS AND ASSURANCES
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits
discrimination based on race, creed, color,national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act
of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms"programs or activities"to include all of the programs or activities of the Federal-
aid recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq)
(prohibit discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain testing
entities)as implemented by U.S.Department of Transportation regulations at 49 CFR parts
37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (ensures nondiscrimination against minority
populations by discouraging programs,policies,and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income
populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must
• take reasonable steps to ensure that LEP persons have meaningful access to your programs
[70 Fed. Reg. 74087 (2005)];
• • Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC § 1681, et seq).
Compliance with Nondiscrimination Requirements
During the performance of this contract,the Contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the"Contractor"), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will
comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they
may be amended from time to time,which are herein incorporated by reference and made
a part of this contract.
Page 3 of 10
STATE GRANT PROVISIONS AND ASSURANCES
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, national origin (including
limited English proficiency), creed, sex(including sexual orientation and gender identity),
age, or disability in the selection and retention of subcontractors, including procurements
of materials and leases of equipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities,
including employment practices when the contract covers any activity,project,or program
set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all
solicitations,either by competitive bidding or negotiation made by the Contractor for work
to be performed under a subcontract, including procurements of materials, or leases of
equipment, each potential subcontractor or supplier will be notified by the Contractor of
the contractor's obligations under this contract and the Nondiscrimination Acts and
Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required
by the Acts,the Regulations, and directives issued pursuant thereto and will permit access
to its books, records, accounts, other sources of information, and its facilities as may be
determined by the Sponsor or the Federal Aviation Administration to be pertinent to
ascertain compliance with such Nondiscrimination Acts and Authorities and instructions.
Where any information required of a contractor is in the exclusive possession of another
who fails or refuses to furnish the information,the Contractor will so certify to the Sponsor
or the Federal Aviation Administration,as appropriate,and will set forth what efforts it has
made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-
discrimination provisions of this contract,the Sponsor will impose such contract sanctions
as it or the Federal Aviation Administration may determine to be appropriate, including,
but not limited to:
a.Withholding payments to the Contractor under the contract until the Contractor
complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant
thereto. The Contractor will take action with respect to any subcontract or procurement as
the Sponsor or the Federal Aviation Administration may direct as a means of enforcing
such provisions including sanctions for noncompliance. Provided, that if the Contractor
becomes involved in,or is threatened with litigation by a subcontractor,or supplier because
of such direction, the Contractor may request the Sponsor to enter into any litigation to
Page 4 of 10
STATE GRANT PROVISIONS AND ASSURANCES
protect the interests of the Sponsor. In addition, the Contractor may request the United
States to enter into the litigation to protect the interests of the United States.
Human Trafficking
Human trafficking is a form of modern-day slavery which involves the transporting, soliciting,
recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or
obtaining of another person for the purpose of exploiting that person. House Bill 7063 amends s.
787.06, F.S., to require a non-governmental entity (Contractor) to provide an affidavit attesting
that the non-governmental entity does not use coercion for labor or services, when executing,
renewing, or extending a contract with a governmental entity (County). Prior to contract
execution, extension or renewal,the Contractor shall sign and notarize FDOT Form No. 375-030-
31 for submittal to the County.
Indemnification
To the fullest extent permitted by law,the County's contractor/consultant shall indemnify,defend,
and hold harmless the Agency and the State of Florida, Department of Transportation, including
the Department's officers and employees, from liabilities, damages, losses and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness
or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized
by the contractor/consultant in the performance of this Agreement.
This indemnification shall survive the termination of this Agreement.
Inspector General Cooperation
Contractor and subcontractors are obligated to comply with Section 20.055(5), Florida Statutes
which states, "It is the duty of every state officer, employee, agency, special district, board,
commission, contractor, and subcontractor to cooperate with the inspector general in any
investigation,audit, inspection,review,or hearing pursuant to this section.Beginning July 1,2015,
each contract, bid,proposal, and application or solicitation for a contract shall contain a statement
that the corporation,partnership, or person understands and will comply with this subsection."
Records Retention and Access
Records of costs incurred under the terms of this Agreement shall be maintained and made
available upon request to the Department at all times during the period of this Agreement and for
five years after final payment is made.Copies of these records shall be furnished to the Department
upon request. Records of costs incurred include the general accounting records and the Project
records,together with supporting documents and records, of the Contractor and all subcontractors
performing work on the Project, and all other records of the Contractor and subcontractors
considered necessary by the Department for a proper audit of costs.
Restrictions,Prohibitions, Controls and Labor Provisions
a. Convicted Vendor List.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 on a contract to
provide any goods or services to a public entity; may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform
Page 5 of 10
STATE GRANT PROVISIONS AND ASSURANCES
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134,Florida Statutes, an
entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the
Florida Department of Management Services, may not submit a bid on a contract to
provide goods or services to a public entity; may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity.
c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of
Qualification suspended, revoked, denied, or have further been determined by the
Department to be a non-responsible contractor, may not submit a bid or perform work
for the construction or repair of a public building or public work on a contract with the
Agency.
d. Prohibition on Using Funds for Lobbying.No funds received pursuant to this
Agreement may be expended for lobbying the Florida Legislature,judicial branch, or
any state agency, in accordance with Section 216.347, Florida Statutes.
e. Unauthorized Aliens. The Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and
Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation
will be cause for unilateral cancellation of this Agreement.
f. E-Verify. The Contractor shall:
i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the Recipient during the
term of the contract; and
ii. Expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the contract term.
g. Consultant/Contractor. The Florida Department of Transportation has the right to
disapprove the County's employment of consultants, contractors, and subcontractors for
all or any part of this Project if the specific consultants, contractors, or subcontractors
have a record of poor project performance with the Department.
Page 6 of 10
STATE GRANT PROVISIONS AND ASSURANCES
COLLIER:.COUNTY
Certification Regarding Debarment,'Suspension,and Other ResponsibilityMatters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction;violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements,or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local)with commission of any of the offenses enumerated in paragraph(l)(b)of
this certification;and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions(Federal, State or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this proposal.
tYliT.,e01'5 KAct NSvg��Ng
Name Unique Entity Identification Number
C1 hied' 13osoess 4evelopmen4 Pegieer Lib- non's-
Title Tax ID Number
Sk4(Aar &ielerc, t1.0
Firm
41;01 iq'i S •) Sk 1anSas Ci= , ,✓2D j�uiq i
treet Address City, State,Zi
E ,
Signature U-j'1P'b
Page 7 of 10
STATE GRANT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Conflict of Interest
)5- 8521
Collier County Solicitation No.
I, 11414 El 115 , hereby certify that to the best of my knowledge,
neither I nor my spouse,dependent child,general partner,or any organization for which I am serving as an
officer, director, trustee, general partner or employee, or any person or organization with whom I am
negotiating or have an arrangement concerning prospective employment has a financial interest in this
matter.
I further certify to the best of my knowledge that this matter will not affect the financial interests of any
member of my household. Also,to the best of my knowledge, no member of my household; no relative
with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or
seeks employment; and no organization with which I am seeking a business relationship nor which I now
serve actively or have served within the last year are parties or represent a party to the matter.
I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as
described above that would be affected by the matter,and to disclose any interest I,or anyone noted above,
has in any person or organization that does become involved in,or is affected at a later date by,the conduct
of this matter.
I1AiCElks � � >
Name Signature
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Position Date
Privacy Act Statement
Title I of the Ethics in Government Act of 1978 (5 U.S.C.App.), Executive Order 12674 and 5 CFR Part
2634, Subpart I require the reporting of this information. The primary use of the information on this form
is for review by officials of The Justice Department to determine compliance with applicable federal
conflict of interest laws and regulations. Additional disclosures of the information on this report may be
made: (1)to a federal,state or local law enforcement agency if the Justice Department becomes aware of a
violation or potential violation of law or regulations; (2) to a court or party in a court or federal
administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena;
(3) to a source when necessary to obtain information relevant to a conflict of interest investigation or
decision;(4)to the National Archives and Records Administration or the General Services Administration
in records management inspections; (5) to the Office of Management and Budget during legislative
coordination on private relief legislation;and(6)in response to a request for discovery or for the appearance
of a witness in a judicial or administrative proceeding,if the information is relevant to the subject matter.
This confidential certification will not be disclosed to any requesting person unless authorized by law. See
also the OGE/GOVT-2 executive branch-wide Privacy Act system of records.
Page 8 of 10
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STATE GRANT PROVISIONS AND ASSURANCES
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Page 9 of 10
STATE GRANT PROVISIONS AND ASSURANCES
COWER COUNTY GRAr4T COMP LLUirl FORKS
BID OPPORTUNITY UST FOR COMMODITIES AND CONTRACTUAL SERVICES
AND PROFESSIONAL CONSULTANT SERVICES
Continued
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1 Federal Tax ID Number: We-(q I u 185 6.iii
DBE S. Annual Gras:Receipt
2.Rrm Name: S('[ll mock f&i [LC Non-DBE -i :than S 1 million
3. Phone Number. 41. - L 51-n a .,: een$1-5 miion
4,kick= LIM tC. 11.19 .= - s 5-10 minion
CI t $ hh 7. Subcomraarx IIIeen 510-15 millionK11rnSA5 i,l 3, mt h'vy/4l Subconmiltant ga More than S 15 million
5.Year FirmFutablished: 41 3
L Federal Tax ID Walther: 6.8 DBE S. Annual Groo Receipt
2 Firm Name: Non-DBE .Les:than$1 million
3_ Phone Number: .I: - 51.5 million
4.Ad -e .: - S 5-10 million
7.1�-1 Subcomu actor .Between 510-15 trlrion
8
Subcon ul rat . ore than$15 million
5.Year Firm Er.abli hed:
L Federal Tax ID Number. 6.IJ DBE 8. Annual Gros:Receipt
Z firm Name: Non-DBE .le a than$1 million
3. Phone Number. .: tween$1-5 ma"lion
6. Address .: - 5 5-10 million
7.B Subcorrractor .: een S 10-15 million
Subconnatant . .lone than$15 million
5. Year Firm Eztabii:hed:
L Federal Tax ID Number. 6.8 DBE S. Annual G%:Receipt:
t Finn Name: Non-DBE . s than$1 million
3. Phone Number: .Between$1-5 mcll3on
q. Adder.: .: 5 5-10 million
7.9 Subcorcractor .•: S 10-15 million
Subconoul-ant . lore than$15 million
5. Year Firm E.-tablihed:
L Federal Tax ID Number. 6.r] DBE S.Annual Gros:Receipt
Z Firm Name: Non-OBE .' -:than$1 million
3. Phone Number: .Between 51-5 million
4. Addrz;s .Between 5 5-10 million
7.9 Subcontractor NU 510-15 million
$ubconeuiant . ore than 515 million
5. Year Firm EnabG:hed:
Page 10 of 10