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Backup Documents 04/27/2010 Item #16C 216C ,' MEMORANDUM Date: April 27, 2010 To: Dianna Perryman, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Modification to Contract #10 -5444 FEMA Acceptable Monitoring for Disaster Generated Debris Contractor: Beck Disaster Recovery (BDR) Attached please find two original contract amendments (Agenda Item #16C2), approved by the Board of County Commissioners on Tuesday, April 21, 2010. An original amendment document has been retained in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, please contact me at 252 -7240. Thank you. Attachment (1) ITEM NO.: o . ploc - u S91 FILE NO.: ROUTED TO: Date: To: From Re: 166 r DATE RECEIVED: 0 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES April 27, 2010 Office of the County Attorney Attention: Jeff Klatzkow Dianna Perryman., Contract Specialist Purchasing Department, Extension 4270 F -10 Y � f2�LS PLC sl�aa �d y S R -T 1Jk,ke 4I 3u Contract: #10 -5444 "FEMA Acceptable Monitoring for Disaster Generated Debris" Contractors: O'Brien's Response Mgmt. beck Disaster Recovery (BDR) Metric Engineering BACKGROUND OF REQUEST: This Contract was approved by the BCC on April 27, 2010, Agenda Item 16.C.2 This item has not been submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, please forward to the Chairman of the Board of County Commissioners for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Oscar Martinez, PUPPMD 1 � \`U RI,S # la -1 7 CI�CKLIS F FOR RI± ;V[FWfNC CONTRACTS `j (1 (j Entity Name: � � � — -Ac r 0,Cr � Entity name correct on contract ?_ s _No Entity registered with FL Sec. of State? _ Yes _ No Insurance Insurance Certificate attached? Insured registered in Florida? Contract g &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products /Compl/Op Required $ Personal & Advert Required $__ Each Occurrence Required $I,tya Fire/Prop Damage Required Automobile Liability Bodily Inj & Prop Required $ Sub \� N Workers Re! Co nsation Each accident Yicquired $ �'pp i�'� —_ Disease Aggregat quired $ Disease Each Em Required $ Umbrella Liability es No Yes __ No p_ YeCL ` Z _Yes J _No Provided Provided $_2tY \� \_1 Provided $ Provided $ u I Provided $_I• i 1 Provided $_ r , Provided $' I Mw Provided $ t[ I I Provided $_ *I I 1 Each Occurrence Provided $ L D—M- W Aggregate Provided$ t I Does Umbrella sufficiently cover any underinsured portion'? Professional Liability 5LU),1� Exp. Date l Exp. Date Exp. Date t t I Exp. Date _ Exp. Date _ Exp Date Exp Dale 1 F.xp Dateit 1 Exp Date Exp Date _ 1 Exp Date Yes No Each Occurrence Required $_ Provided $ M, Per Aggregate Required $ _ Provided $ II l I Otherinsurance lk -0—' Each Occur Type:. Required $_' County required to be named as additional'msured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses /notary? Authorization for executor to sign, if necessary_ Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Exp. Date (2 Exp. Date_____ u 1 N 7 1 7 Provided $ \M s ` Exp Date j bl t, I t u ✓Yes o T - -Yes No • �G �� '^ �il' A�Yes NNoo V Yes 4Z-90 ��� Yes No I [/ __Yes No Yes No No No No No t� /Y s _No es _ No Yew No —VYes No Reviewer Initials: II Dale. 01 -col III ' 2 166 2 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Dianna Perryman, Contract Specialist( =a Purchasing Department DATE: April 27, 2010 RE: Review of Insurance for Contract: #10 -5444 "FEMA Acceptable Monitoring for Disaster Generated Debris" Contractors: O'Brien's Response Mgmt. ./Beck Disaster Recovery (BDR) Metric Engineering This Contract was approved by the BCC on April 27, 2010, Agenda Item 16.C.2 Please review the Insurance Certificates and Payment & Performance Bonds for the above- referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 4270. dod /DP C: Oscar Martinez, PUPPMD DATE RECEIVED APR 2 7 2010 RISK WAAGE�l N1 : /� -7 mausen_g From: RaymondCarter Sent: Tuesday, April 27, 2010 3:04 PM To: perryman_d Cc: DeLeonDiana; mausen_g; HerreraSandra; MartinezOscar Subject: Contract 10 -5444 "FEMA Acceptable Monitoring for Diaster Generated Debris" All, I have approved the certificate(s) of insurance provided by the following vendors for contract 10 -5444: • O' rlens Response Mgmt Beck Disaster Recovery (BDR) • Metric Engineering These three contracts will now be forwarded to the county attorney's office for their review. Thank you, Ray RMV"L07Ld cmkie—k Manager Risk Finance Office 239 - 252 -8839 Cell 239 - 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events Name History Detail by Entity Name Foreign Profit Corporation / BECK DISASTER RECOVERY, INC. J Filing Information Document Number F05000005463 FEI /EIN Number 91208097 Principal Address 2301 LUCIEN WAY SUITE 120 MAITLAND FL 32751 Date Filed 09/22/2005 State WA Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 10/25/2005 Event Effective Date NONE Changed 01/08/2010 Mailing Address 2301 LUCIEN WAY SUITE 120 MAITLAND FL 32751 Changed 01/08/2010 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Officer /Director Detail Name & Address Title DCEO BURGIEL, JONATHAN J 2301 LUCIEN WAY MAITLAND FL 32751 Title DCOO MALMSJO, ALBERT B III 1000 LEGION PLACE, SUITE 1000 ORLANDO FL 32801 Title VP Document Searches 1 6'co' t Forms Help Entity Name Search Submit http://www.sunbiz.org/scripts/cordet.exe?action—DETFIL&inq_doc number—F050000054... 4/12/2010 www.sunbiz.org - Department of State Page 2 of 2 View imageinPDFformat 16C 2 MCLENDON, CHARLES M View image inil PDF format -I 2301 LUCIEN WAY ANNUAL REPORT MAITLAND FL 32751 01/16 /2007 -- Title SEC View Image igPDFformat SCHAEFER, JOHNATHAN F ANNUAL REPORT 2301 LUCIEN WAY 09/22/2005 -- MAITLAND FL 32751 View image In PDF format Title AS QUELLA, C. VINCENT 10260 CAMPUS POINT DRIVE SAN DIEGO CA 92121 Title T CROWN, MARK H 10260 CAMPUS POINT DRIVE SAN DIEGO CA 92121 Annual Reports Report Year Filed Date 2008 01/03/2008 2009 01/1512009 2010 01/08/2010 Document Images 01/08/2010 ANNUAL REPORT View imageinPDFformat 01/15/2009 -- ANNUAL REPORT View image inil PDF format -I 01103/2008 ANNUAL REPORT Viawimageiniformat 01/16 /2007 -- ANNUAL REPORT View Image igPDFformat 01/17/2006 ANNUAL REPORT ViewimageillPDFformat 09/22/2005 -- Foreign Profi t View image In PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events Name History Submit I Home I Contact us I Document Searches I E- Filinq Services I Forms I Help I Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. http: / /www.sunbiz.org/ scripts /cordet.exe ?action= DETFII,&incLdoc number—F050000054... 4/12/2010 16C 2 A G R E E M E N T 10-5444 for "FEMA Acceptable Monitoring for Disaster Generated Debris" THIS AGREEMENT, made and entered into on this 27 day of April, 2010, by and between Beck Disaster Recovery, Inc (BDR), authorized to do business in the State of Florida, whose business address is 2301 Lucien Way, Suite 120, Maitland, Florida 32751, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on April 27, 2010, and terminating on April 26, 2012. Work shall commence upon issuance of a purchase order. 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 periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide FEMA Acceptable Monitoring of Disaster Debris Management and Technical Assistance in accordance with the terms and conditions of RFP #10 -5444 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement upon completion of each work assignment as accepted and approved by the Solid Waste Director, or his designee. Compensation for each work assignment shall be in accordance with Exhibit A, "Hourly Rate Schedule" or as a lump sum as negotiated and mutually agreed upon by the Contractor and Solid Waste Director, or his designee. Payments shall be made to the Contractor when requested as work progresses, but not more than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Page I of 8 6 Prompt Payment Act ". Invoices must be submitted within six (6) m onths after completion of work assignment. 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. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Beck Disaster Recovery, Inc Attention: Mr. Jonathan Schaefer, Vice President 2301 Lucien Way, Suite 120 Maitland, Florida 32751 Telephone: 321- 441 -8500 Facsimile: 321 - 441 -8501 E -mail: dbrap @beckdr.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239 - 252 -8371 Facsimile: 239 - 252 -6584 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. 6. 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. 7. 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. 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 Page 2 of 8 16C 2. 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. 8. 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 contract 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. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General 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 Premises and Operations; Independent Contractors, Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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 $500,000 for each accident. Page 3 of 8 16C 2 Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor 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. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste Department. 14. 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. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #10 -5444 Scope of Services, Addendum and Exhibit A "Hourly Rate Schedule". 16. 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. 17. 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 Page 4 of 8 168" Z item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, 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 contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. 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. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. 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 5 of 8 £: 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. 23. KEY PERSONNEL/PROJECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and /or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 24. SAFETY: All contractors and subcontractors performing services for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standard and any other applicable rules and regulations. Also, all contractors and subcontractors shall be responsible for the safety of their employees. Contractor has established and maintains programs and procedures for the safety of its employees. Contractor specifically disclaims any authority or responsibility for job site safety and safety of persons other than Contractor's employees. 25. TRAVEL EXPENSES: Expenses associated with travel, per diem, lodging and mileage will be reimbursed as per Section 112.061 Fla. Stats. Reimbursement shall be at the following rates: Mileage: $ .445 per mile Breakfast: $6.00 Lunch: $11.00 Dinner: $19.00 Airfare: Actual ticket cost limited to tourist or coach class fare Rental car: Actual rental cost limited to compact or standard -size vehicles Lodging: Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking: Actual cost of parking Page 6 of 8 16C 2 26. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required services within the time schedule under the contact, The County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST:, Dwight E. Brock, Clerk of Courts Dated: b' n124 2biL AttestSitA.iID 0tM+•�M +t 41"Awv 40#04 rst Witness Bettv Kamara � e/p 'nt ttness n meT Secon Witness Dorcas Martinez TType /print witness nameT Approved as to form and legal sufficiency: la-044-', nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: _ ln1 (I Fred W. Coyle, Chairman Beck Disaster Recovery, Inc. Contrac r By. Si na r Page 7 of 8 Jonathan Burgiel, President Typed signature and tit] Exhibit A Hourly Rate Schedule Position Title Hourly Rate Administrative /Clerical Assistance $ 30 Annual Table Top Exercise No Cost Billing Invoice Analysis /Data Manager Invoice Reconciliation $ 60 Damage /Customer Services $ 30 Debris Site /Tower /Field/ Crew Monitors $ 40 Dispatch /Schedule Manager $ 54 Emergency Management Planning $ 79 Environment Specialist /Compliance Specialist $ 75 Environmental Project Manager $ 100 Federal Program Coordinator $ 79 Field Supervisor /Monitor /Collection & Disposal Operations $ 65 GIS Analysis /Mapping Manager $ 60 Grant Manager $ 90 IT Manager $ 85 IT Technician $ 75 Load Ticket /Data Entry Clerk $ 30 Operations Manager /Coordinator $ 70 Post Project FEMA Close Out Support $ 79 Project Coordinator $ 35 Project Inspector /Roving CIA CIC Inspector $ 40 Project Manager $ 100 Public Assistant Officer /Public Information $ 85 MEMORANDUM OF INSURANCE This Memorandum is issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of this Memorandum. This Memorandum does not amend, extend or alter the coverage described below. This Memorandum may only be copied, printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution of this Memorandum without the consent of Science Applications International Corp. (SAIC) is prohibited. "Authorized viewer" shall mean an entity or person which is authorized by the insured named herein to access this Memorandum via htto //www.saif:.con­/cusonmcrj,nOj . The information contained herein is valid as of today's date, and shall be updated upon any material policy changes and upon each policy's renewal. BROKER COMPANIES AFFORDING COVERAGE Co. A National Union Fire Insurance Company of Pittsburgh, PA Marsh Risk & Insurance Services ( "Marsh ") INSURED Co. B New Hampshire Insurance Company Beck Disaster Recovery, Inc., a wholly owned subsidiary of SAIC Co. C The Insurance Company of tha Stale of Pennsylvania 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154 Co. D Underwriters at Lloyd's, London (A F Beazley 4623 & 42623) Co. E Factory Mutual Insurance Company COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR 'TYPE OF INSURANCE POLICY NUMBER EFFECTIVE. DATE EXPIRATION DATE LIMITS GENERAL GENERAL $ 10,000,000 A LIABILITY GL 7146225 04/01/10 04/01/11 AGGREGATE PRODUCTS- $ 2,000,000 COMMERCIAL COMP /OP AGG GENERAL. LIABILITY PERSONAL & ADV $ 1,000,000 INCLUDING INJURY CONTRACTUAL LIABILITY (per ISO EACH OCCURRENCE $ 1,000,000 Form CGOOOI 12/07) FIRE DAMAGE(ANY $ 1,000,000 OCCURRENCE FORM ONE FIRE) MED EXP $ 10,000 (ANYONE PERSON) AUTOMOBILE COMBINED SINGLE $ 1,000,000 A LIABILITY CA 9727003 04/01/10 04/01/11 LIMIT COVERING ANY (AIL Other States) A OWNED AUTOS, CA 9727005 (MA) 04/01/10 04/01/11 HIRED AUTOS & A NON-OWNED AUTOS CA 9727004 (VA) 04/01/10 04/01/11 UMBRELLA EACH $ 10,000,000 A LIABILITY 27471737 04/01/10 04/01/11 OCCURRENCE AGGREGATE $ 10,000,000 UMBRELLA FORM B WORKERS WC 020342415 04/01/10 04/01/11 WORKERS COMP STATUTORY COMPENSATION (AIL Other States) LIMITS C AND EMPLOYERS' LIABILITY WC 020342416 (CA) 04/01/10 04/01/11 EL EACH ACCIDENT $ 3,000,000 C INCLUDES USL &H WC 020342421 (MA) O4 /01 /10 04/01/11 ELDISEASE - $3,000,000 B THE PROPRIETOR/ WC 020342417 (FL) 04/01/10 04/01/11 POLICY LIMIT EL DISEASE - $3,000,000 B PARTNERS/ WC 020342418 (OR) 04/01/10 04/01/11 EACH EMPLOYEE, B EXECUTIVE OFFICERS ARE '. WC 020342419 CI 04/01/10 04/01/11 A INCLUDED WC 020342420 (WI) 04/01/10 04/01/11 PROFESSIONAL EACH CLAIM $ 10,000,000 D LIABILITY QF 034409 06/30/09 06/30/10 INCLUDING AGGREGATE $ 10,000,000 CONTRACTOR'S POLLUTION LEGAL LIABILITY CLAIMS MADE BASIS ALL RISK AMOUNT OF $ 1,000,000 E PROPERTY UB755 10/01/09 10 /01 /10 INSURANCE INCLUDING ALL REAL & PERSONAL PROPERTY OF INSURED, AND PROPERTY OF OTHERS WHERE REQUIRED The Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage_ Any modifications hereto are not authorized. IV This Memorandum is issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of this Memorandum. This Memorandum does not amend, extend or alter the coverage described below. This Memorandum may only be copied, printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution of this Memorandum without the consent of Science Applications International Corp. (SAIL) is prohibited. "Authorized viewer" shall mean an entity or person which is authorized by the insured named herein to access this Memorandum via hpLmLj w s, -� com/c stomer /Innt, . The information contained herein is valid as of today's date, and shall be updated upon any material policy changes and upon each policy's renewal. sh Risk Figueroa nceetervices Marsh" BLOC' Dsaster Recovery, Inc., a wholly owned subsidiary of SAIC g Fourth Avenue, Suite 2500 Angeles, CA 90017 Seattle, WA 98154 INFORMATION lease note that the above Liability policies are endorsed to provide that our customers and any other organizations or persons where required by contract or ;reement we enter into are named as Additional Insureds under these policies. Additionally, coverage applies on a primary basis where required by contract, and, waiver of subrogation is provided in favor of any person or organization required pursuant to the terms of any contract or agreement we enter into. lease note that the above Property policy is endorsed to provide that our customers and any other organizations or persons where required by contract or averment we enter into are named as Loss Payees As Their Interest May Appear under this policy . you wish to view these endorsements, or print a copy for your files, please click on the below links. Agreement (AIG Form 61712 (9/01)) Insured - Managers or Lessors of Premises (Form CG 20 11 01 96) - nlo',dbl 11 q I.... LP ,,,,di Insured - Lessor of Leased Equipment (CG 20 28 07 04) Insured- Vendors (Form CG 20 15 07 04) Insured- Primary Insurance (AIG Form 74434 (10/99)) Of Transter Of Rights Of Recovery Against Others To Us (CG 24 04 10 93) ,.., ;d " »noad�I. v,,". "r .o"odf MOBILE LIABILITY ENDORSEMENTS: nal Insured- Where Required Under Contract Or Agreement (AIG Form 87950 (10 /05)) o) , ki —I d U ahele R`? (I t c 11 - Additional Insured and Loss Payee (CA 20 01 10 01) ee Primary As To Certain Additional Insureds (AIG Form 74445 (1(11 Bona`n, d'4L Pin , tysgyja,ft of-Fransfer of Rights Of Recovery Against Others To Us (AIG Form 62897 (06/95)) Right To Recover From Others Workers Compensation insurance for work in the slate of Washington is not provided under the above referenced workers compensation policy. Coverage is cd by the Washington State Department of Labor & Industries program. Stop Gap Employers Liability insurance for the state of Washington is provided under the referenced workers compensation policy- Iditional Insured - please note that because the AIG Umbrella Prime form #80517 05/06 policy definition of an Insured includes. "Any person or organization, other than t mad Insured, included as an additional insured under the Schedule of Underlying Insurance, but not for broader coverage than would be afforded by such Schedule of tderlying Insurance" that there is no separate Additional Insured endorsement applicable to this policy. Therefore, if you are an Additional Insured on the General Liability Automobile Liability policies above, that status extends to the Umbrella Liability policy as well ansler of Rights of Recovery (Waiver of Subrogation)- please note that because the AIG Umbrella Prime form 480517 05/06 policy slates that "1f, priorto the time of an :currence, you and the insurer of Scheduled Underlying Insurance waive any right of recovery against a specific person or organization for injury or damage as required der an Insured Contract, we will also waive any rights we may have against such person or organization" that there is no separate Waiver of Subtogalion endorsement plieable to these policy. 'Therefore, it are granted a Waiver of Subrogation on the General Liability, Automobile Liability or Employers Liability policies above, that thus extends to the Umbrella Liability policy as well or Agreement ver of Subrogation - please note that the policy wording states that "Ilowever, it is agreed that the Underwriters waives its rights of subrogation under this policy against person or organization as respects Claims arising from Professional Services or Contracting Services provided under a contract to perform such Professional Services or treating Services which requires a waiver of subrogation, but only to the extent required by written contract. Therefore, if our contract requires we waive our Tights of ogation in your favor, the waiver extends to this policy . note that due to the very large number of contracts that SAIC and its subsidiaries enter into each year, the above policies do not contain an endorsement obligating the T to provide any advance written notice directly to anyone but SAIC However, insurers have endorsed their policy to provide SAIC with 90 days advance written notice cancellation (except 10 days for non - payment of premium) so as to enable SAIC to provide any required Notices to its customers in accordance with agreed to contract and conditions. The Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized. I 16C 92 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2010 forms a part of Policy No. GL 714 -62 -25 issued to SAIC, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, PA ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED, is amended to include as an additional insured: Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: • The coverage and /or limits of this policy, or • The coverage and /or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 61712 (12/06) 16C 2 POLICY NUMBER: GL 714 -62 -25 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1.Designation of Premises (Part Leased to You): ANY PREMISES OR PART THEREOF LEASED TO YOU. 2. Name of Person or Organization (Additional Insured): ANY AND ALL PERSONS OR ORGANIZATIONS CONTRACTUALLY REQUIRING ADDITIONAL INSURED STATUS AS THE MANAGER OR LESSOR OF PREMISES TO YOU. 3. Additional Premium: INCLUDED (If no entry appears above, the information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 11 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 13 POLICY NUMBER: CG 714 -62 -25 16C 2 COMMERCIAL GENERAL LIABILITY CG 20 28 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coil ANY AND ALL PERSONS OR ORGANIZATIONS CONTRACTUALLY REQUIRING ADDITIONAL INSURED STATUS AS A LESSOR UNDER TERMS OF AN EQUIPMENT LEASING CONTRACT YOU ENTER INTO WITH SUCH PERSONS OR ORGANIZATIONS. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such persons) or organization(s). will B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any 'occurrence" which takes place after the equipment lease expires. CG 20 28 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: CG 714 -62 -25 16C COMMERCIAL GENERAL LIABILITY CO 2015 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - VENDORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) (Vendor Your Products ALLVENDORS ALLPRODUCTS Information re wired to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor) shown in the Schedule, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the ven- dor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay dam- ages by reason of the assumption of liabil- ity in a contract or agreement. This exclu- sion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstra- tion, testing, or the substitution of parts un- der instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, ad- justments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in con- nection with the sale of the product; CG 20 15 07 04 0 ISO Properties, Inc., 2004 Page 1 of 2 13 2 EM h. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for Its own acts or omissions or those of its employees or anyone else acting on its be- half. However, this exclusion does not ap- ply to: (1) The exceptions contained in Sub- paragraphs d. or f.; or 1b (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connec- tion with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. Page 2 of 2 0 ISO Properties, Inc., 2004 CG 20 15 07 04 C r 16C- 2 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2010 forms a part of Policy No. GL 714 -62 -25 issued to SAIC, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY COVERAGE FORM Section IV, Commercial General Liability Conditions, paragraph 4., Other Insurance, subparagraph a. Primary Insurance, is amended by the addition of the following: However, coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract, and any other insurance issued to such additional insured shall apply as excess and noncontributory insurance. Authorized Representative 74434 (10/99) POLICY NUMBER: CG 714 -62 -25 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: "PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO." in The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section N — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ 16C A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 04101/2010 forms a part of Policy No. CA 972 -70 -03 issued to SAIC, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: "Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person or organizations liability arising out of the use of a covered "auto ". I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. — Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto ". However, the insurance provided will not exceed the lesser of: (1) The coverage and /or limits of this policy, or (2) The coverage and /or limits required by said contract or agreement. Z AUTHORIZED REPRESENTATIVE 87950 (10105) 0C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 04/0112010 forms a part of Policy No. CA 972 -70 -05 issued to SAIC, INC. by NEW HAMPSHIRE INSURANCE COMPANY ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: "Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person or organizations liability arising out of the use of a covered "auto ". I, SECTION II - LIABILITY COVERAGE, A. Coverage, 1. — Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto ". However, the insurance provided will not exceed the lesser of: (1) The coverage and /or limits of this policy, or (2) The coverage and /or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 87950 110/05) POLICY NUMBER: CA 972 -70 -03 16 -2 COMMERCIAL AUTO CA 20 0103 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Named Insured: SAIC, INC. Endorsement Effective Date: 0410112010 Name: Title: Signature: Date: CA 20 01103 06 © ISO Properties, Inc., 2005 Page 1 of 3 ❑ 16 C 2 SCHEDULE Insurance Company: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Policy Number: CA 972 -70 -03 Effective Date: 04/0112010 Expiration Date: 04/01/2011 Named Insured: SAIC, INC. Address: 10260 CAMPUS POINT DR., MIS D -6 SAN DIEGO, CA 92121 Additional Insured (Les" ANY LESSOR UNDER CONTRACT OR AGREEMENT THAT REQUIRES YOU sor): TO PROVIDE DIRECT PRIMARY INSURANCE FOR THAT LESSOR Address: Designation Or Description ANY AUTO LEASED UNDER CONTRACT OR AGREEMENT THAT RE- Of "Leased Autos ": QUIRES YOU TO PROVIDE DIRECT PRIMARY INSURANCE FOR THE LES- SOR Coverages Limit Of Insurance Liability $ Each "Accident" Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus Comprehensive $ Deductible For Each Covered "Leased Auto" Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus Collision $ Deductible For Each Covered "Leased Auto" Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus Specified $ Deductible For Each Covered "Leased Auto" Causes Of Loss Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Coverage 1. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the Schedule, Who Is An Insured is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "in- sured" only for "bodily injury" or "property dam- age" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "em- ployee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. Page 2 of 3 0 ISO Properties, Inc., 2005 CA 20 0103 06 J 3. The coverages provided under this endorse- ment apply to any 'leased auto' described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto', whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a 'leased auto'. 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. 16C D. The lessor is not liable for payment of your premi- ums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto' leased or rented to you, including any substitute, replacement or extra "auto' needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the les- sor. CA 20 0103 06 ® ISO Properties, Inc., 2005 Page 3 of 3 ❑ MM 20 26 10 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE MASSACHUSETTS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: SAIC, INC. Endorsement Effective Date: 04/01/2010 Name: Title: Signature: Date: SCHEDULE Insurance Company: NEW HAMPHIRE INS CO Policy Number: CA 972 -70 -05 Effective Date: 04/01/2010 Expiration Date: 04/01/2011 Named Insured: SAIC, INC. Address: 10260 CAMP S POI T DR, MIS D -6 SAN DIEGO, CA 92121 Additional Insured (Lessor): AS KNOWN TO INSURER Address: Designation Or Description Of "Leased Autos ": ON FILE WITH COMPANY MM 20 26 10 06 Includes copyrighted material of Insurance Services Office, Page 1 of 3 with its permission. Copyright, Insurance Services Office, Inc., 2005 16C 2 MM 20 26 10 06 COVERAGES LIMITS OF INSURANCE COMPULSORY BODILY INJURY $20,000 EACH PERSON $40,000 EACH ACCIDENT LIABILITY INSURANCE OPTIONAL BODILY INJURY $ EACH PERSON $ EACH ACCIDENT PROPERTY DAMAGE (COMPULSORY LIMIT $5,000) $ EACH ACCIDENT LIABILITY $ 11000,000 EACH ACCIDENT PHYSICAL DAMAGE INSURANCE ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS LESS, MINUS COMPREHENSIVE $ Deductible FOR EACH COVERED AUTO SPECIFIED CAUSES OF LOSS $ Deductible FOR EACH COVERED AUTO COLLISION $ Deductible FOR EACH COVERED AUTO LIMITED COLLISION $ Deductible FOR EACH COVERED AUTO Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the Schedule, Who Is An Insured is changed to include as an "insured" the lessor named In the Schedule, However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or C. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. 3. The coverages provided under this endorsement apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto," whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto." MM 20 26 10 06 Includes copyrighted material of Insurance Services Office, Page 2 of 3 with its permission. Copyright, Insurance Services Office, Inc., 2005 16 C 2 MM 20 26 10 06 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part or if the loss is the result of arson, theft or any other means of disposal committed by you or at your direction. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance. MM 20 26 10 06 Includes copyrighted material of Insurance Services Office, Page 3 of 3 with its permission. Copyright, Insurance Services Office, Inc., 2005 POLICY NUMBER: CA972 -70 -04 16C COMMERCIAL AUTO CA 20 39 11 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIRGINIA LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the Inception date of the policy unless another date is indi- cated below. Endorsement Effective: 04101/2010 Countersigned By: Named Insured: SAIC, INC. Authorized Re resentative SCHEDULE Insurance Company NATIONAL UNION FIRE INS CO OF PITTSBURGH, PA Limit Of Insurance Policy Number CA 972 -70 -04 Effective Date 04/01/2010 x iration Date 04/01/2011 E Medical Expense Benefits Named Insured SAIC, INC. Address 10260 CAMPUS POINT DR., MIS D -6 SAN DIEGO CA 92121 Additional Insured (Lessor) ANY LESSOR UNDER CONTRACT OR AGREEMENT THAT REQUIRES YOU TO PROVIDE DIRECT PRIMARY INSURANCE FOR THAT LESSOR ddress Designation or Description of Leased "Autos" NY AUTO LEASED UNDER CONTRACT OR AGREEMENT THAT REQUIRES YOU TO PROVIDE DIRECT RIMARY INSURANCE FOR THE LESSOR Coverages Limit Of Insurance Liabilit $ Each "Accident" Medical Expense Benefits $ Each Person Income Loss Benefits $ Each Person Comprehensive ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS; MINUS: $ For Each Covered "Auto" VALUE OR COST OF REPAIR WHICHEVER IS LESS; Collision ACTUAL CASH MINUS. $ For Each Covered "Auto" Specified Causes of Loss ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS; MINUS: $ For Each Covered "Auto" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) CA 20 39 1102 C ISO Properties, 2002 Page 1 of 2 ❑ A. Coverage 1. Any 'leased auto' designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto' you hire or borrow. For a covered "auto' that is a 'leased auto' Who Is An Insured is changed to Include as an "insured" the lessor named in the Schedule. 2. The coverages provided under this endorse- ment apply to any 'leased auto' described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto', whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for loss" to a 'leased auto'. 2. The insurance covers the interest of the lessor unless the 'loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. 16C C. Cancellation 1, if we cancel the policy, we wilt mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premi- ums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto' leased to you, in- cluding any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing agreement that requires you to provide di- rect primary insurance for the lessor. Page 2 of 2 © ISO Properties, 2002 CA 20 3911 02 ❑ K, 166 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT Insurance Primary as to Certain Additional Insureds This endorsement, effective 12:01 A.M. 04/01/2010 forms a part of Policy No. CA 972 -70 -03 issued to SAIC, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. AUTHORIZED REPRESENTATIVE 74445 (10 -99) 16C 2. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT Insurance Primary as to Certain Additional Insureds This endorsement, effective 12:01 A.M. 04/01/2010 forms a part of Policy No. CA 972 -70 -05 issued to SAIC, INC. by NEW HAMPSHIRE INSURANCE COMPANY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. AUTHORIZED REPRESENTATIVE 74445(10 -99) 16C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT Insurance Primary as to Certain Additional Insureds This endorsement, effective 12:01 A.M. 04/01/2010 forms a part of Policy No. CA 972 -70 -04 issued to SAIC, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section N - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. AUTHORIZED REPRESENTATIVE 74445(10 -99) 16C THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 04/0112010 forms a part of Policy No. CA 972 -70 -03 issued to SAIC, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss ". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee. ��' AUTHORIZED REPRESENTATIVE 6289716/95) 16C '2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2010 forms a part of Policy No. CA 972 -70 -05 issued to SAIC, INC. by NEW HAMPSHIRE INSURANCE COMPANY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV • Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss ". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee. AUTHORIZED REPRESENTATIVE 62897 (6/95) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4.84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS" This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah or Washington. This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The Information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 0410112010 Policy No. WC 020 -34 -2415 Endorsement um Insured SAIC, INC. 1A <&A Insurance Company Countersigned by NEW HAMPSHIRE INSURANCE COMPANY WC 00 03 13 (Ed. 4-84) 01983 National Council on Compensation Insurance. 1G 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS" This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah or Washington. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04/01/2010 Policy No. WC 020 -34 -2417 Endorsement No. Insured Premium SAIC, INC. Ile" Insurance Company Countersigned by NEW HAMPSHIRE INSURANCE COMPANY WC 00 03 13 (Ed. 4-84) 0 1983 National Council on Compensation Insurance. 15C � WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS" This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah or Washington. This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 04/0112010 Policy No. WC 020 -34 -2421 Endorsement No. Insured Premium SAIC, INC. Insurance Company Countersigned by NEW HAMPSHIRE INSURANCE COMPANY WC 00 03 13 (Ed. 4-84) a 1983 National Council on Compensation Insurance. 16C WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS" This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah or Washington. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 04/01/2010 Policy No. WC 020 -34 -2418 Endorsement No. Insured Premium SAIC,INC. /11� <AA Insurance Company Countersigned by NEW HAMPSHIRE INSURANCE COMPANY WC 00 0313 (Ed. 4 -84) 01983 National Council an Compensation Insurance. nmmm WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (Ed. 1 -00) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule Specific Waiver Name of person or organization (X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: INCLUDED This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 04/01/2010 Policy No. WC 020 -34 -2419 Premium o. insured SAIC, INC. insurance Company Countersigned by NEW HAMPSHIRE INSURANCE COMPANY WC 42 03 04 A (Ed. 1 -00) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 43 03 05 (Ed. 7 -00) UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties. Schedule "ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS" This endorsement changes the policy to which It is attached and is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 0410112010 Policy No. WC 020 -34 -2415 Premium Endorsement o. Insured SAIC, INC. / 140V Insurance Company Countersigned by NEW HAMPSHIRE INSURANCE COMPANY WC 43 03 05 (Ed. 7-00) 0 2000 National Council on Compensation Insurance, Inc. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS" This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah or Washington. This endorsement changes the policy to which it Is attached and Is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 04/01/2010 Policy No. WC 020 -34 -2420 Endorsement um Insured SAIC, INC. Insurance Company Countersigned by NEW HAMPSHIRE INSURANCE COMPANY WC 00 0313 (Ed. 4 -84) a 1983 National Council on Compensation Insurance. 16C 2 ENDORSEMENT NO.4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ Fr CAREFULLY. This endorsement modifies insurmce provided under the following: It is agreed that any person or organization as required by contract a agreement is included as an Additional Insured, but solely with respect to liability arising oil of Professional Services OrCoraracting Services performed by or on bobalf of the Named Intmed and only to the extent required by contract or agreement, subject to the Limit of Liability and all other terms, conditions and limitations of this policy. It is further agreed that this mmianeewin be primary and non- contribotory with arty other available insurance, when required by contractoragrcarmt. All other terms and conditions remainurraltered. 16C 2 MEMORANDUM Date: April 27, 2010 To: Dianna Perryman, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Modification to Contract #10 -5444 "FEMA Acceptable Monitoring for Disaster Generated Debris" Contractor: O'Brien's Response Mgmt. Attached please find two original contract amendments (Agenda Item #16C2), approved by the Board of County Commissioners on Tuesday, April 27, 2010. An original amendment document has been retained in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, please contact me at 252 -7240. Thank you. Attachment (1) ITEM NO.: V ,VVC FILE NO.: ROUTED TO: Date: To: From Re: 16C'' DATE RECEIVED: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES April 27, 2010 Office of the County Attorney Attention: Jeff Klatzkow Dianna Perryman., Contract Specialist Purchasing Department, Extension 4270 V SR T -bv,,-t Contract: #10 -5444 "FEMA Acceptable Monitoring for Disaster Generated Debris" Contractors: ✓O'Brien's Response Mgmt. Beck Disaster Recovery (BDR) Metric Engineering BACKGROUND OF REQUEST: This Contract was approved by the BCC on April 27, 2010, Agenda Item 16.C.2 This item has not been submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, please forward to the Chairman of the Board of County Commissioners for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. p 0 rXk S� 11 )11 C: Oscar Martinez, PUPPMD CHECKLIST Entity Name: Entity name correct on contract? Entity registered with FL Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # & /or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products /CompUOp Required Personal & Advert Required $ Each Occurrence Required $ �- Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ 5 d b Workers Comlensatlon Each accident ,0 1equired $'60D Disease Aggregate J lrs Required $ _ Disease Each Empl 1r Required $ Umbrella Liability RLS it REVfF,WfNG CONTRACTS s No L,Xv's No L,X /yes No t/ vs _No -� No es No Provided $ \,-IN M Exp. Date L' 2 Provided $�_I _ Exp. Date _ Provided $ Exp. Date It r Provided $ " ' t Exp. Date _ Provided $ :: Exp. Date Provided $, _ (DO L Exp Date 5) ; � I I Provided $ Soo 16 Provided $ ,t_ i t Provided $__r , Each Occurrence Provided Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Provided $ Per Aggregate Required $ Provided $ Other Insurance Each Occur Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Exp Date t j Exp Date Exp Date lr Exp Date Exp Date Yes No Exp. Date F.xp, Date Provviidde'd $ Exp Date Yes No Yes _No Yes _ _ _Yes 1ZNo Yes No Yes No Yes No Signature Blocks / Correct executor name in signature block) r/ es No Correct title of executor? es - -No Executor authorized to sign for entity? es No Proper number of witnesses/notary? Yes No Authorization for executor to sign, if Chairman's signature block? No Clerk's attestation signature block? es No County Attorney's signature block? _ Yes No Attachments Are all required attachments included? '_%_Yes No Reviewer Initials: Datc: L G4- COA -OIO, 222 16C 2 MEMORANDUM TO: Ray Carter Risk Management Department'` FROM: Dianna Perryman, Contract Specialist Purchasing Department DATE: April 27, 2010 RE: Review of Insurance for Contract: #10 -5444 "FEMA Acceptable Monitoring for Disaster Generated Debris" Contractors: ✓O'Brien's Response Mgmt. Beck Disaster Recovery (BDR) Metric Engineering This Contract was approved by the BCC on April 27, 2010, Agenda Item 16.C.2 Please review the Insurance Certificates and Payment & Performance Bonds for the above- referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 4270. 4•• Fj a' C: Oscar Martinez, PUPPMD DATE RECEIVED APR 2 7 2W RISK hE ME 7 i 16C 2 mausen_a From: RaymondCarter Sent: Tuesday, April 27, 2010 3:04 PM To: perryman_d Cc: DeLeonDiana; mausen_g; HerreraSandra; MartinezOscar Subject: Contract 10 -5444 "FEMA Acceptable Monitoring for Diaster Generated Debris" All, I have approved the certificate(s) of insurance provided by the following vendors for contract 10 -5444: O'Bnens Response Mgmt • Beck Disaster Recovery (BDR) • Metric Engineering These three contracts will now be forwarded to the county attorney's office for their review. Thank you, Ray Rm"Laxd Casc.t4zJc Manager Risk Finance Office 239 - 252 -8839 Cell 239 - 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. ,Aww.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Foreign Profit Corporation 1 O'BRIEN'S RESPONSE MANAGEMENT INC. J Filing Information Document Number F09000003639 FEI /EIN Number 720978746 Date Filed 09/08/2009 State LA Status ACTIVE Last Event MERGER Event Date Filed 12/10/2009 Event Effective Date 01/01/2010 Principal Address 2929 E. IMPERIAL HWY SUITE 290 BREA CA 92821 Mailing Address 2929 E. IMPERIAL HWY SUITE 290 BREA CA 92821 Registered Agent Name & Address STANKOVICH, GARY 555 WIN DERLEY PL., STE 220 MAITLAND FL 32751 US Officer /Director Detail Name & Address Title CHRM PERKINS, TIM 2929 E. IMPERIAL HWY., STE 290 BREA CA 92821 Title VCHR BLANK,RAN 3500 SUNRISE HIGHWAY, SUITE T -103 GREAT RIVER NY 11739 Title V BLANK,RAN 3500 SUNRISE HIGHWAY, SUITE T -103 GREAT RIVER NY 11739 Document Searches fah 19f 2 Forms Help Entity Name Search Submit http: / /www.sunbiz. org/ scripts /cordet.exe ?action= DEI'FIL &i iiq_doc_numbet— F090000036... 4/13/2010 ,vww.sunbiz.org - Department of State 2 of 2 P g C Title P POLITTE, ERIC 6620 CYPRESS DRIVE, SUITE 200 SPRING TX 77379 Title ST FORSTER, KEITH 2929 E. IMPERIAL HWY. SUITE 290 BREA CA 92821 Title D GRAN, ALICE 2200 ELLER DRIVE FORT LAUDERDALE FL 33316 Annual Reports No Annual Reports Filed Document Images 12/21/2009 -- ADDRESS CHANGE View image in PDF format 12/10/2009 -- Merge r View image in PDF format 09108/2009 -- Foreign Prof t View image in PDF format '- Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events No Name History Submit I Home I Contact us I Document Searches I F- Filinq Services I Forms I Help I Copyright and Privacy Policies Copyright G 2007 State of Florida, Department of State. http: / /www.sunbiz.org/ scripts /cordet.exe ?action= DETF'I L &inq_ doc_nwnber= F090000036... 4/13/2010 16C 2 A G R E E M E N T 10-5444 for "FEMA Acceptable Monitoring for Disaster Generated Debris" THIS AGREEMENT, made and entered into on this 27 day of April, 2010, by and between O'Brien s Response Management, Inc, authorized to do business in the State of Florida, whose business address is 555 Winderley Place, Suite 200, Maitland, Florida 32751, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on April 27, 2010, and terminating on April 26, 2012. Work shall commence upon issuance of a purchase order. 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 periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide FEMA Acceptable Monitoring of Disaster Debris Management and Technical Assistance in accordance with the terms and conditions of RFP #10 -5444 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement upon completion of each work assignment as accepted and approved by the Solid Waste Director, or his designee. Compensation for each work assignment shall be in accordance with Exhibit A, "Hourly Rate Schedule' or as a lump sum as negotiated and mutually agreed upon by the Contractor and Solid Waste Director, or his designee. Payments shall be made to the Contractor when requested as work progresses, but not more than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Pagc 1 of 8 16C 2 Prompt Payment Act ". Invoices must be submitted within six (6) months after completion of work assignment. 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. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: O'Brieri s Response Management Attention: Mr. Tim Perkins, CEO 555 Winderley Place, Suite 200 Maitland, Florida 32751 Telephone: 407 - 702 -1172 Facsimile: 407- 702 -1764 E -mail: tperkins @theobriensgroup.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239 - 252 -8371 Facsimile: 239 - 252 -6584 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. 6. 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. 7. 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. 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 Pale 2 of 8 16C 2 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. 8. 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 contract 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. 9, TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General 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 Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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 $500,000 for each accident. Pale 3 of 8 16C 2 Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor 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. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste Department. 14. 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. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #10 -5444 Scope of Services, Addendum and Exhibit A "Hourly Rate Schedule`. 16. 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. 17. 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 Page 4 of 8 16C 2 item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, 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 contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. 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. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. 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 5 of 8 16C 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. 23. KEY PERSONNELIPROJECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and /or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 24. SAFETY: All contractors and subcontractors performing services for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standard and any other applicable rules and regulations. Also, all contractors and subcontractors shall be responsible for the safety of their employees. Contractor has established and maintains programs and procedures for the safety of its employees. Contractor specifically disclaims any authority or responsibility for job site safety and safety of persons other than Contractor's employees. 25. TRAVEL EXPENSES: Expenses associated with travel, per diem, lodging and mileage will be reimbursed as per Section 112.061 Fla. Stats. Reimbursement shall be at the following rates: Mileage: $ .445 per mile Breakfast: $6.00 Lunch: $11.00 Dinner: $19.00 Airfare: Actual ticket cost limited to tourist or coach class fare Rental car: Actual rental cost limited to compact or standard -size vehicles Lodging: Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking: Actual cost of parking Page 6 of 8 166 2 26. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required services within the time schedule under the contact, The County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E: Brock, Clerk of Courts By: - By: Dated: Apti 12q It W Fred W. Coyle, Chairman 5. . sipub" 00 O'Brien's Response Management, Inc. Contractor By: XCA �{ �y First Witness Signature 1MeIda- Llerel�70.s TT e/ print witness nameT V L Keith R. Forster, CFO Second Witness Typed signature and title KAIi. 17L(- o. Coo r� TType /print witness nameT Approved as to form and legal sufficiency: lt.+� nt County Attorney ter• a-F—t� . \ Pnr� Print Name Page 7 of 8 16C 2 Exhibit A Hourly Rate Schedule Position Title Hourly Rate Administrative/ Clerical Assistance $ 27 Annual Table Top Exercise No Cost Billing Invoice Analysis /Data Manager Invoice $ 54 Reconciliation Damage /Customer Services $ 27 Debris Site /Tower /Field/ Crew Monitors $ 36 Dispatch/ Schedule Manager $ 49 Emergency Management Planning $ 71 Environment Specialist/ Compliance Specialist $ 68 Environmental Project Manager $ 90 Federal Program Coordinator $ 71 Field Supervisor/ Collection & Disposal Operations $ 59 GIS Analysis/ Mapping Manager $ 54 Grant Manager $ 81 IT Manager $ 77 IT Technician $ 59 Load Ticket /Data Entry Clerk $ 27 Operations Manager/ Coordinator $ 63 Post Project FEMA Close Out Support $ 71 Project Coordinator $ 32 Project Inspector/ Roving QA QC Inspector $ 36 Project Manager $ 90 Public Assistant Officer /Public Information $ 77 Page 8 of 8 CERTIFICATE OF LIABILITY INSURANCE AON 4/26/2010 PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 Aon Risk Services of the Northeast AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3301 East Tamiani Trail COMPANIES AFFORDING COVERAGE Naples, FL 34112 199 Water Street, 30th Floor COMPANY A STARR INDEMNITY 8 LIABILITY COMPANY New York, NY 10038 COMPANY ZURICH AMERICAN INSURANCE COMPANY B INSURED: COMPANY O'Brien's Response Management C COMPANY 2929 E. Imperial Highway, Suite 290 Brea, CA 92821 D COMPANY UNITED STATES FIDELITY AND GUARANTY CO. E COMPANY F COMPANY G COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCES LISTED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DO _TP TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) POLICY EXPIRATION DATE(MM/DD/YY) LIMITS A GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000 X PRODUCTS- COMP /OP AGG $ 1,000,000 COMMERCIALGENERALUAB. PERSONAL & ADV INJURY $ 1,000,000 CLAIMS MADE FXXI OCCUR. MASILNY00012310 4/8/2010 4/8/2011 EACH OCCURRENCE $ 1,000,000 OWNER'S &CONTRACTOR'S PROT, FIRE DAMAGE (ANY ONE FIRE) $ 50,000 MED. EXP. (ANY ONE PERSON) $ 5,000 B AUTOMOBILE LIABILITY X ANY AUTO BAP 9323983 513/2010 513/2011 COMBINED SINGLE LIMIT (each) $ 500,000 BODILY INJURY (per person) ALL OWNED AUTOS BODILY INJURY (per accident) SCHEDULED AUTOS X PROPERTY DAMAGE (per accident) HIRED AUTOS X NON - OWNEDAUTOS C EXCESS /UMBRELLA LIABILITY CLAIMS MADE 7 OCCUR. EACH OCCURRENCE EXCESS OF UNDERLYING D U.S. LONGSHORE & HARBOR WORKERS X STATUTORY OTHER (Compensation Risks) E WORKERS'COMPENSATION AND X STATUTORY OTHER _ EMPLOYERS LIABILITY THE PROPRIETOR /PARTNERS/ EL EACH ACCIDENT $ 500,000 EXECUTIVE OFFICERS ARE: D274VV00704 1011/2009 10/1/2010 EL DISEASE -EACH EMPLOYEE $ 500,000 INCLUDED EXCLUDED EL DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESISPECIAL ITEMS: RE: Contract 10- 5444 "FEMA Acceptable Monitoring for Disaster Generated Debris" Certificate Holder has been named as additional insured under the general liability coverage for any and all work performed on behalf of Collier County as respects the referenced contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 Collier County Board of County Commissions DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 3301 East Tamiani Trail FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Naples, FL 34112 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE BY: 1 6 C -,. 2 MEMORANDUM Date: April 27, 2010 To: Dianna Perryman, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Modification to Contract #10 -5444 FEMA Acceptable Monitoring for Disaster Generated Debris Contractor: Metric Engineering Attached please find two original contract amendments (Agenda Item #16C2), approved by the Board of County Commissioners on Tuesday, April 27, 2010. An original amendment document has been retained in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, please contact me at 252 -7240. Thank you. Attachment (1) o, Sc 16C 2 ITEM NO.:) I Q �Q C' S I U DATE RECEIVED: FILE NO.: ROUTED TO: 7 DO NOT WRITE ABOVE THIS LINE �J REQUEST FOR LEGAL SERVICES (� Date: April 27, 2010 y`6 To: Office of the County Attorney Attention: Jeff Klatzkow 5R-T From: Dianna Perryman., Contract Specialist -b\-u Purchasing Department, Extension 4270 Re: Contract: #10 -5444 "FEMA Acceptable Monitoring for Disaster Generated Debris" Contractors: O'Brien's Response Mgmt. Beck Disaster Recovery (BDR) ,/Metric Engineering BACKGROUND OF REQUEST: This Contract was approved by the BCC on April 27, 2010, Agenda Item 16.C.2 This item has not been submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, please forward to the Chairman of the Board of County Commissioners for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Oscar Martinez, PUPPMD \1 16C MEMORANDUM TO: Ray Carter '^ Risk Management Department FROM: Dianna Perryman, Contract Specialist - Purchasing Department DATE: April 27, 2010 RE: Review of Insurance for Contract: #10 -5444 "FEMA Acceptable Monitoring for Disaster Generated Debris" Contractors: O'Brien's Response Mgmt. Beck Disaster Recovery (BDR) ;/Metric Engineering This Contract was approved by the BCC on April 27, 2010, Agenda Item 16.C.2 Please review the Insurance Certificates and Payment & Performance Bonds for the above - referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 4270. re PTOriDIN C: Oscar Martinez, PUPPMD oia RECEIVE[) APR 2 7 2010 RISK 144"E�"'` j 7 of 17/ '16C`2 mausen g From: RaymondCarter Sent: Tuesday, April 27, 2010 3:04 PM To: perryman_d Cc: DeLeonDlana; mausen_g; HerreraSandra; MartinezOscar Subject: Contract 10 -5444 "FEMA Acceptable Monitoring for Diaster Generated Debris" All, I have approved the certificate(s) of insurance provided by the following vendors for contract 10 -5444: • O'Briens Response Mgmt • Beck Disaster Recovery (BDR) V/C!iletric Engineering These three contracts will now be forwarded to the county attorneys office for their review. Thank you, Ray R"*""T7, A Manager Risk Finance Office 239 - 252 -8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Profit Coraoration/ METRIC ENGINEERING INC Filina Information Document Number 509621 FEI /EIN Number 591685550 Date Filed 07/27/1976 / State FL J Status ACTIVE Last Event AMENDMENT Event Date Filed 07/30/2007 Event Effective Date NONE Principal Address 13940 SW 136TH ST SUITE 200 MIAMI FL 33186 US Changed 02/28/1994 Mailing Address 13940 SW 136TH ST SUITE 200 MIAMI FL 33186 Changed 04/07/1993 Registered Agent Name & Address BENITEZ, VICTOR M 12191 SW 92ND AVE MIAMI FL 33176 US Address Changed: 03/10/2003 Officer /Director Detail Name & Address Title CEOD BENITEZ, VICTOR M 12191 SW 92ND AVE MIAMI FL 33176 Title PD DUART, CARLOS A 13940 SW 136 STREET MIAMI FL 33186 Document Searches Page 1 of 3 Forms Help Entity Name Search Submit http:// www .sunbiz,orglscriptslcordet.exe? action= DETFIL &inq_doc_number- 509621 &inq... 4/13/2010 www.sunbiz.org - Department of State Title S PEREZ, MARILEY 13940 SW 136 STREET MIAMI FL 33186 Title VD CAULEY, DOUGLAS K 1058 CLAYTON ROAD CHIPLEY FL 32428 Title V WAGES, WILLIAM R 1673 SHADOWMOSS CIR LAKE MARY FL 32746 Title V CODY, DALE 615 CRESCENT EXECUTIVE CT., STE. 524 LAKE MARY FL 32746 Annual Reports Report Year Filed Date 2009 01/2112009 2009 06/11/2009 2010 01/19/2010 Document Images 01/19/2010 -- ANNUAL REPORT 06/11/2009 -- ANNUAL REPORT 01/21/2009 -- ANNUAL REPORT 04/03/2008.— ANNUAL REPORT 02/01/2008,-- ANNUAL REPORT 07/30/2007 02/12/2007 -- -- Amendment ANNUAL REPORT 02/08/2007 -- Amendment 01/17/2006 -- ANNUAL REPORT 02128/2005 -- ANNUAL REPORT 04/05/2004 -- ANNUAL REPORT 03/10/2003..— ANNUAL REPORT 03/25/2002 -- ANNUAL REPORT 04113/2001 --ANNUAL REPORT 02/29/2000 --ANNUAL REPORT 03/04/1999 -- ANNUAL REPORT 05/04/1998 -- ANNUAL REPORT 02/12/1997 -- ANNUAL REPORT 02/19/1996 -- ANNUAL REPORT 02/21/1995 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Page 2 of 3 M http: / / www.sunbiz.org/ scripts /cordet.exe?action= DE'I'FIL &inq_doe_ number= 509621 &inq... 4/13/2010 www.sunbiz.org - Department of State Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events No Name History I Home I Contact us I Document SedrChes I E- Fillnq Services I Forms I Help I Convriqht and Puvacv Policies Copyright c) 2007 State of Florida, Department of State. Page 3 of 3 16C Entity Name Search Submit http: / / www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq doc_ number- 509621 &inq... 4/13/2010 firs,/_ _' PC CYW,CKLIST FOR REVIEWING CONTRACTS 5 16C 2 Entity Name: (_ 1 ' Entity name correct on contract`? ✓ s _ _ No Entity registered with FL Sec_ of State? ✓ Yes No Insurance Insurance Certificate attached? es - No Insured registered in Florida? s No Contract # &/or Project referenced on Certificate? Ye No Certificate Holder name correct (BCC)? _ _ es No Commercial General Liability ' , I General Aggregate Required $ Provided $ Ml Exp. Date - I t , 1 Products /CompVOp Required $� _�, Provided $ u r / Exp. Date -t rt1� I / Personal & Advert Required $ Provided $ Exp. Date_ to Each Occurrence Required $ \,. Provided $� t Exp. Date Fire/Prop Damage Required $ _ Provided $_ Z, OQ `t-� Exp. Date Automobile Liability Bodily Im & Prop Required $ Provided $_ � \` Exp Dater ) Workers ylehsa Each accident . "`equired $ SDI_ Provided $ \hA4 _ Exp Date - \� Disease Aggregate�� Required $ Provided $ Exp Date t p Disease Each Empl equu ed $ Provided $ Exp Date Umbrella Liability Each Occurrence Provided $_kvrl%OLl Exp Date 3A L( Aggregate Provided $ L, • ' Exp Date Ip ' Does Umbrella sufficiently cover any underinsured portion? __Yes VNo Professional Liability Each Occurrence Required $ _ _ Provided $ 2m1\\ Exp. Date �< Per Aggregate Required $ _ Provided $_ Exp. Date _ Lt of Other Insurance Each Occur Type:_ Required $ ._ Provides$ Exp Date County required to be named as additional insured? Yes No County named as additional insured? 1s No Indemnification v/ Does indemnification meet County standards? t/Yes No Is County indemnifying other party? Yes _ ,go Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block) Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses /notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Yes No Yes No Yes No l� Yes No 0 Reviewer Initials- �� Dale: 101/22 _ J4 -001 es N No IS N No es _ Yes N ___No No Pes N No Yes N No No 0 Reviewer Initials- �� Dale: 101/22 _ J4 -001 A G R E E M E N T 10-5444 for "FEMA Acceptable Monitoring for Disaster Generated Debris" THIS AGREEMENT, made and entered into on this 27 day of April, 2010, by and between Metric Engineering, Inc., authorized to do business in the State of Florida, whose business address is 13940 SW 13611, Street, Suite 200, Miami Florida 33186, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on April 27, 2010, and terminating on April 26, 2012. Work shall commence upon issuance of a purchase order. 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 periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide FEMA Acceptable Monitoring of Disaster Debris Management and Technical Assistance in accordance with the terms and conditions of RFP #10 -5444 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement upon completion of each work assignment as accepted and approved by the Solid Waste Director, or his designee. Compensation for each work assignment shall be in accordance with Exhibit A, "Hourly Rate Schedule' or as a lump sum as negotiated and mutually agreed upon by the Contractor and Solid Waste Director, or his designee. Payments shall be made to the Contractor when requested as work progresses, but not more than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Page I of 8 Prompt Payment Act ". Invoices must be submitted within six (6) moU after completion of work assignment. 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. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Metric Engineering, Inc. Attention: Mr. Victor M. Benitez, P.E. 13940 SW 136th Street, Suite 200 Miami, Florida 33186 Telephone: 305- 235 -5098 Facsimile: 305- 235 -5271 E -mail: cduart((D-metriceng.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239 - 252 -8371 Facsimile: 239 - 252 -6584 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. 6. 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. 7. 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. 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 Pane 2 of 8 16C 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. 8. 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 contract 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. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General 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 Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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 $500,000 for each accident. Page 3 of 8 16C 2 Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor 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. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste Department. 14. 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. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #10 -5444 Scope of Services, Addendum and Exhibit A "Hourly Rate Schedule". 16. 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. 17. 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 Page 4 of 8 16C 2 item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, 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 contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. 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. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. 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 5 of 8 16C 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. 23. KEY PERSONNE14TROJECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and /or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 24. SAFETY: All contractors and subcontractors performing services for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standard and any other applicable rules and regulations. Also, all contractors and subcontractors shall be responsible for the safety of their employees. Contractor has established and maintains programs and procedures for the safety of its employees. Contractor specifically disclaims any authority or responsibility for job site safety and safety of persons other than Contractor's employees. 25. TRAVEL EXPENSES: Expenses associated with travel, per diem, lodging and mileage will be reimbursed as per Section 112.061 Fla. Stats. Reimbursement shall be at the following rates: Mileage: $ .445 per mile Breakfast: $6.00 Lunch: $11.00 Dinner: $19.00 Airfare: Actual ticket cost limited to tourist or coach class fare Rental car: Actual rental cost limited to compact or standard -size vehicles Lodging: Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking: Actual cost of parking P1�-e 6 of 8 16C 26. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required services within the time schedule under the contact, The County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: 20 (Wte ` lt-a� A, L,,. first Witne s Katrina Kerr TType /print witness nameT /-I Seccind Witness Mariley Perez TType /print witness nameT Approved as to form and legal sufficiency: A&-4staM County Attorney Print Name Pale 7 of 8 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Metric Engineering, Inc. Contractor 11 / kk By: ��( U� Signature Carlos A. Duart, President & C00 Typed signature and title 16C Exhibit A Hourly Rate Schedule Position Title Hourly Rate Administrative/ Clerical Assistance $ 30 Annual Table Top Exercise No Cost Billing Invoice Analysis/ Data Manager Invoice $ 60 Reconciliation Damage /Customer Services $ 30 Debris Site /Tower /Field/ Crew Monitors $ 40 Dispatch/ Schedule Manager $ 54 Emergency Management Planning $ 79 Environment Specialist/ Compliance Specialist $ 75 Environmental Project Manager $ 100 Federal Program Coordinator $ 79 Field Supervisor/ Collection & Disposal Operations $ 65 GIS Analysis/ Mapping Manager $ 60 Grant Manager $ 90 IT Manager $ 85 IT Technician $ 65 Load Ticket/ Data Entry Clerk $ 30 Operations Manager/ Coordinator $ 70 Post Project FEMA Close Out Support $ 79 Project Coordinator $ 35 Project Inspector/ Roving QA QC Inspector $ 40 Project Manager $ 100 Public Assistant Officer/ Public Information $ 85 Paee 8 of 8 1 AP 7 ACORD CERTIFICATE OF LIABILITY INSURANCE 04 /20 /2010 PRODUCER (305)822 -7800 FAX 305- 362 -2443 Collinsworth, Alter, Fowler, Dowling & French P. 0. Box 9315 Miami Lakes, FL 33014 -9315 Zoraida Gonzalez zgonzalez @cafdf.com 305 -503 -9159 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Metric Engineering, Inc. 13940 S.W. 136 Street Metric Plaza - Suite 200 Miami, FL 33186 INSURERA: Amerisure Insurance Co A X 19488 INSURERB: Amerisure Mutual Ins Co A X 23396 INSURERG: Lexington Insurance Co A XV 19437 INSURER D: 03/01/2011 INSURER E. $ 1,000,00 rnvccAncc v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ITRIINIRW i TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION AMi LIMITS A GENERAL LIABILITY X COMMERCIAL GENERALLIABILITV CLAIMS MADE M OCCUR CPP205229902 03/01/2010 03/01/2011 EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED $ 300,00 MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER POLICY M PRO- JECT X LOG PRODUCTS- COMP /OPAGG $ 2,000,00 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON- OWNEDAUTOS CA205230002 03/01/2010 03/01/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTOONLY- EAACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ $ B EXCESS /UMBRELLA LIABILITY _X1 OCCUR ❑CLAIMS MADE DEDUCTIBLE X RETENTION $ CU205229702 03/01/2010 03/01/2011 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 $ $ $ A WORKERS COMPENSATION AND EMPLOYEATLIABILITY ANY PROPRIETOR /PARTNEITEXECUTIVE OFFICER /MEMBER EXCLUDED? f yes, describe under SPECIAL PROVISIONS below WC205229802 NO 03/01/2010 03/01/2011 X WC STATU- OTH- E. L. EACH ACCIDENT $ 1,000,00 E. L. DISEASE EA EMPLOYEE $ 1,000,00 E L. DISEASE - POLICY LIMIT $ 1,000,000 C roessional Liability Claims-Made Form FU 028395930 L PRIOR ACTS (7/1/76) 03/01/2010 03/01/2011 $2,000,000 Each Claim $4,000,000 Policy Aggregate $100,000 Ea Claim Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: Contract 10 -5444 "FEMA Acceptable Monitoring for Disaster Generated Debris" he Certificate Holder Collier County is named Additional Insured on the General Liability. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Collier County Government Center 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT, Purchasing Dept. - Purchasing Building Attn: Steve Carnell, Purchasing /GS Director BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3301 Tamiami Trail, East OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Naples, FL 34112 AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)