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HomeMy WebLinkAbout2007 Contract-10 ACOREY CERTIFICATE OF LIABILITY INSURANCE `.. ' °0811 `8015°�' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA Inc. 500 Dallas St, Suite 1500 Houston, TX 77002 CONTACT NAME: PHONE FAX A1C No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: See Additional Page for Participating Carriers 01695-14/15 INSURED Shell Oil Company, Eastem Aviation INSURER B: EACH OCCURRENCE $ (See Complete Named Insured in Description Section below) INSURER C: INSURER 0: One Shell Plaza P.O. Box 2463 Houston, TX 77252 INSURER E INSURER F MED EXP (Any oneperson) $ COVERAGES CERTIFICATE NUMBER: HOU-002639078-10 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (LTR TYPE OF INSURANCE ADDL BR POLICY NUMBER MM RDY EFF MMI001 EXP LIMITS David R. Hirshom.,-„� COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE F1 OCCUR PRA MI E Ea N $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1 JEST LOC PRODUCTS - COMPIOP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ - ANY AUTO — - - BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE $ Per accident NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERWEMBER EXCLUDED? N ! A IPER 70TH - STATUTE E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If as, describe under DESCRIPTION OF OPERATIONS below A Aircraft Products Liability See Next Page 08/15/2014 10101/2015 Combined Single Limit $50,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached K more space Is required) Named Insured: Shell Oil Company, Eastern Aviation, and/or their AGENTS and/or their DEALERS and/or associated and/or subsidiary companies jointly and severally for their respective rights and interests. CERTIFICATE HOLDER CANCELLATION Sebastian, City of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 202 Airport Drive East THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Sebastian, FL 32958 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. David R. Hirshom.,-„� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 01695 LOC #: Houston Ammo ADDITIONAL REMARKS SCHEDULE 4*� Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Shell Oil Company, Eastern Aviation ABO13614 (See Complete Named Insured in Description Section below) One Shell Plaza POLICY NUMBER 335841 P.O. Box 2463 XL Aerospace Houston, TX 77252 CARRIER NAIL CODE AIPR000501614AM 20.0000% EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance SCHEDULE OF INSURERS: Company Policy Number Share % Lloyd's Companies and Syndicates ABO13614 32.5000% Global Aerospace Underwriting Managers 335841 17.5000'% XL Aerospace UA00003969AV14A 20.0000% Allianz Global Corporate & Specialty AIPR000501614AM 20.0000% AIG Aviation AP067937473.01 10.0000% TYPE: Excess Aviation Liability Insurance COVERAGE TERRITORY: Worldwide DESCRIPTION OF COVERAGE: Insured's legal liability arising out of their business as suppliers of aviation petroleum products, including refueling, defueling, and lubrication of aircraft DESCRIPTION OF LIMITS OF LIABILITY: TO PAY THE DIFFERENCE BETWEEEN a Combined Single Limit (Bodily Injury and Property Damage) of US $50,000,000 for any one occurrence but: A. IN RESPECT OF EASTERN AVIATION the limit applies in the annual aggregate in respect of Products Liability B. IN RESPECT OF AGENTS AND DEALERS the limit applies in the annual aggregate in respect of Products Liability any one Agent any one Dealer. Subject to an overall annual aggregate of US $500,000,000 in respect of Products Liability AND A. IN RESPECT OF EASTERN AVIATION Combined Single Limit (Bodily Injury and Property Damage): US $5,000,000 any one occurrence but the limit applies in the annual aggregate in respect of Products Liability. B. IN RESPECT OF AGENTS AND DEALERS Combined Single limit (Bodily Injury and Property Damage): US $500,000 any one occurrence but the limit applies in the annual aggregate any one Agent anyone Dealer in respect of Products Liability. SPECIAL PROVISIONS APPLICABLE TO ADDRESSEE: The Insurers agree, subject to the policy terms, conditions, limitations and exclusions that the policy set forth above is extended to include the following provisions: 1.The limits of liability as defined above are on a difference in limits basis with respect to the underlying limits of liability carried by each Agent or Dealer. In no event shall the limits of liability carried by the Agent or Dealer be less than a Combined Single Limit covering Bodily Injury and Property Damage of US $500,000 for any one occurrence and in the annual aggregate for Products Liability (exclusive of a decrease in limits as a result of paid claims by the primary insurer). Any applicable deductibles relating to the required primary insurance shall be the sole responsibility of the Agent or Dealer. 2. Should the Agent or Dealer allow their limits of liability to fall below a limit of US $500,000 for any one occurrence and in the annual aggregate with no per person sub -limits (exclusive of a decrease in limits as a result of paid claims by the primary insurer), or if the Agent or Dealer is no longer authorized as an Eastern Aviation Fuels Agent or Dealer, this certificate of liability insurance and the associated coverage shall become null and void. The Insurers have authorized the undersigned to issue this Certificate on their behalf as a matter of convenience. The undersigned is not an Insurer and has no liability of any sort under the above -captioned policies. ACORD 101 (2008101) O 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0000938 SP 0405-COi-POO938-1 Sebastian, City of 202 Airport Drive East Sebastian, FL 32958 AVIATION FUELS AGREEMENT STATE OF FLORIDA COUNTY OF INDIAN RIVER Av(i THIS AGREEMENT, entered into this day of J Y, 2007, by and between EASTERN AVIATION FUELS IN . New Bern, North Carolina, hereinafter called "Seller" and the CITY OF SEBASTIAN, hereinafter called "Buyer" as follows: 1. AGREEMENT: Seller agrees to sell and deliver, and Buyer agrees to purchase, receive and pay for from Seller, Buyer's entire requirements of aviation fuels for use or resale at the Sebastian Municipal Airport, Sebastian, Florida 2. TERM: This contract shall remain in force for a period of one (1) year beginning on the 1st day of August, 2007 and for successive periods of twelve months each thereafter, unless and until terminated by either party upon notice in writing given at least ninety (90) days before the end of any such twelve-month period. 3. DELIVERIES: The aviation fuels sold and purchased hereunder shall be 100LL Avgas (latest ASTM D-910 spec) aviation fuel as currently supplied by Seller. Deliveries to Buyer hereunder shall be by tank truck at the place of business of Buyer at said Airport in approximately even quantities in such amounts (not less than I.C.C. minimum delivery at any one time) and at such times during business hours as Buyer may direct. It is understood that Seller's obligation hereunder is limited to such grade or grades of aviation fuels as are distributed by Seller, at the time and place of delivery hereunder. 4. PRICING: Buyer agrees to pay for the aviation fuels covered by this contract at Seller's posted dealer price. As herein used, the words "Seller's posted dealer price" mean the price posted and displayed at the time of delivery, at Seller's office at location shown in paragraph 11 hereafter. 5. TERMS: Buyer agrees to pay net 10 days via electronic funds transfer. Seller reserves the right to withdraw these terms and demand certified cash payments on delivery without assigning any cause for such action. The failure or refusal of Buyer to comply with the requirements which the Seller may impose hereunder as to payment shall entitle the Seller to suspend delivery pending such failure or refusal or to terminate this agreement forthwith. The suspension or termination of this agreement because of the failure of Buyer to perform any of the agreements herein contained shall not in any way prejudice Seller's other rights hereunder. 6. ATTORNEY AND/OR COLLECTION FEES: If the Buyer becomes in default of the terms of this agreement, Buyer agrees to a late payment charge on any delinquent balance in the amount of 1.5% per month, 18.0% per annum or the maximum amount permitted by law from the date of default. Buyer agrees to pay any attorney or collection fees if incurred in the collection of any delinquent balance or the enforcement of this contract. 7. TAXES/FEES, AND AIRPORT CHARGES: Any tax or other charge imposed by any governmental authority or other agency upon the commodity herein sold, or on the production, sale, transportation, or delivery thereof, or any feature thereof or of this agreement, existing at the time of delivery thereunder, shall be added to the price hereunder and paid by Buyer. 8. FAILURE TO PERFORM: If Seller's supplier should at any time during the life of this contract discontinue the marketing of any or all grades of aviation fuels in Buyer's territory, Seller shall be relieved of all obligation to sell or deliver such discontinued grade or grades to Buyer and Buyer shall be at liberty to purchase such discontinued grade or grades from other sources. 9. CONDITIONS: All orders hereunder will be filled with reasonable promptness, but it is mutually agreed that Seller shall not be obligated to furnish goods hereunder, nor be liable in damages for failure to do so, in the event acts of God, strikes, difficulties with its workers, lockouts, fires, foreign or domestic governmental authority, war conditions in this and any foreign country, accident, delays by railway or other methods of transportation, or other causes beyond its control, shall render it impossible for Seller to perform. 10. OTHER PROVISIONS: The proposal dated May 14, 2007, attached hereto shall be incorporated herein and made a part of this contract. 11. NOTICES: Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by certified or registered mail, return receipt requested: SELLER: EASTERN AVIATION FUELS OF NORTH CAROLINA, INC. Post Office Box 12327 New Bern, North Carolina 28561 BUYER: Sebastian Municipal Airport Attn: Airport Director 202 Airport Drive East Sebastian, FL 32958 12. MERGER: There is no arrangement, agreement, or understanding, by or between the contracting parties, expressed or implied, in any manner relating to the subject matter(s) hereof, nor herein specifically stated, and this Agreement shall not be altered, or amended, except in writing signed by both Buyer and Seller. P111"k 060rf— This the day of J , 2007 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: TH CI OF SEBASTIAN Sally A. aio, MMCn r City Clerk Cit Manager (SEAL) Approved as to Form and Content for: Reli nce by the City of Sebastian Only ( �LQV\X� RiA E. Stringer, City Attorney EASTERN AVIATION FUELS, INC. Robertt" Stallings, III, President