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Backup Documents 09/13/2016 Item #16E 2 (Precision Power Services, Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 E 2 nu TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 72`(� " 3�1 ARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at � t ►��y}S placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later th ' onna piclddding the Board meeting. **NEW**ROUTING SLIP ( 1 g #1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of tfle hairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Routed by Procurement Services to the Following Addressee(s) (In routing order) Office Initials Date 1. Risk Management Risk R Lc 9 ) 2. County Attorney Office County Attorney Office 7-c9d-AP 3. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office 5. Return to Procurement Services Procurement Services Division Contact: Viviana Giarimoustas PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Viviana Giarimoustas, 9/15/16 Phone Number Procurement Staff Contact and Date Agenda Date Item was 09/13/2016 Agenda Item Number 16E2 1 Approved by the BCC Type of Document ContractNumber of Original 2 Attached Documents Attached /6-Ce,40R PO number or account N/A Solicitation/Contract t7It Precision number if document is Number/Company Power Services Inc. to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. w -, (Initial) Ap licable) 1. Does the document require the chairman's original Signa•.•e? ' Q 2. Does the document need to be sent to another agency fo .dditional signatures? If y-:, N/A provide the Contact Information(Name;Agency;Address; ' o•- on an att. •-. sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be6'— signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip mfr should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on the date above and all changes made VG during the meeting have been incorporated in the attached document. The County '"v0 o • Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the AK BCC,all changes directed by the BCC have been made,and the document is ready for the y4 Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16E 2 MEMORANDUM Date: September 23, 2016 To: Viviana Giarimoustas, Purchasing Technician Procurement Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #16-6640R "Uninterrupted Power Systems" Contractor: Precision Power Service, Inc. Attached is a copy of the document referenced above, (Item #16E2) approved by the Board of County Commissioners on Tuesday, September 13, 2016. The second original has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16E 2 AGREEMENT 16-6640R for Uninterrupted Power Systems THIS AGREEMENT, made and entered into on this 13th day of September, 2016, by and between Precision Power Services, Inc., authorized to do business in the State of Florida, whose business address is 3959 Van Dkye Road, Suite #230, Lutz, Florida 33558 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on Board Award Date and terminating one (1) year from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. 2. RENEWAL. 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 three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Contractor shall provide all necessary labor, materials, tools, equipment, supplies, consumables, maintenance, transportation, skills, and incidentals, and any other necessary accessories or services to perform Uninterrupted Power Systems services as specified and in accordance with the terms and conditions of Invitation to Bid (ITB) #16-6640, Exhibit A — Scope of Services Contractor's Bid Proposal, Exhibit B - Fee Schedule, Exhibit C —Facilities Management Division UPS List, Exhibit D — Public Utilities UPS List, and Exhibit E — Information Technologies Division UPS List, referred to herein and made an integral part of this Agreement. The Contractor is the Primary for Preventative Maintenance. If the Primary Contractor cannot provide requested services within the timeframe specified by the user division, then the Secondary Contractor will then be contacted. If the Secondary Contractor cannot provide requested services within the timeframe specified by the user division then the Tertiary Contractor will be contacted. The Contractor is the Secondary for Routine Service, On-Call Service, Emergency Service Repairs and Replacements. If the Primary Contractor cannot provide requested services within the timeframe specified by the user division, then the Page 1 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 16E 2 Secondary Contractor will then be contacted. If the Secondary Contractor cannot provide requested services within the timeframe specified by the user division then the Tertiary Contractor will be contacted. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement the aggregate of the services furnished at the unit price and rates in Exhibit B — Fee Schedule, and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County Representative or designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's County Representative or designee before payment for the fixed price contract is authorized. Only a single lump sum quote is required, no itemized breakdown for the lump sum quote will be required for quoting or payment purposes. No time and material quotes will be accepted or required for quoting or payment. Actual invoices for materials, subcontractors, mark-ups, etc. will not be required for payment purposes, as the lump sum quote does not require a breakdown of the quote or supporting documentation. Timesheets and/or timecards will not be accepted or required for quoting or payment purposes to support labor hours, as they are not required for a lump sum quote. For lump sum quotes all three awardees (primary, secondary, and tertiary) must provide a lump sum quote or explanation for a no quote. Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general Page 2 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 0 16E 2 business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 4.2 Any County agency may purchase products and services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No mark-up shall be applied to these taxes or fees. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. 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: Precision Power Services, Inc. 3959 Van Dkye Road, Suite #230 Lutz, Florida 33558 Telephone: (866) 929-6319 Facsimile: (727) 376-6700 e-mail: cherz@precisionups.com Attention: Christopher Hertz, President 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 Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division Telephone: (239) 252-8407 Facsimile: (239) 252-6480 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. Page 3 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 16E 2 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. With respect to this agreement, 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. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. Page 4 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 16E 2 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. D. Pollution: Coverage shall have minimum limits of $1,000,000 Per Occurrence and shall be maintained by the Contractor. 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. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. 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, whether resulting from any claimed breach of this Page 5 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 16E 2 Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the : Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Insurance Certificate(s), Exhibit A — Scope of Services, Exhibit B — Fee Schedule, Contractor's bid proposal, Exhibit C —Facilities Management Division UPS List, Exhibit D — Public Utilities Department UPS List, Exhibit E — Information Technologies Division UPS List, and ITB #16-6640R. 17. 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. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 6 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, In 16E 2 including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119), including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon Page 7 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 0 16E 2 request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. 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 Agreement to other governmental entities at the discretion of the successful proposer. 21. 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. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures and Section 4.1 of this Agreement. 23. 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. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the required services on a timely Page 8 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 16E 2 basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 9 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 16E 2 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER OUNTY, FLORIDA Dwight E. Brock, Cler+c Of Courts By:�� : .. ... .. 4 By: 0 114"42 j•-4;ett.., �� Donna Fiala, Chairman Dated: I 'YiI i .), Ibge, (SEA )as to Chairman 's signature only. Precision Power Services, Inc. Contractor By: i' ,0 # First Witness Signature / V ►tet I- e;� z_____ C et's oties J, ✓Y 1/''C f i`/t'i/7"-- TType/print witness nameT TType/print signature and titleT Secqnd Witness /Y'chde/ Debts-ow TType/print witness nameT lt, i I i Approvedias and legality: ; 4 Jeffrey A. Klptzkow, County Attorney it Page 10 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services,Inc. 16E 2 Exhibit A — Scope of Services PREVENTATIVE MAINTENANCE The preventative maintenance covered by this scope of work includes (all checks or processes may not be applicable to all equipment types or models): 1. Visual Inspections: • Inspect all printed circuit board connections for cleanliness, swab contacts if necessary; • Inspect all power connections for signs of overheating; • Inspect all subassemblies, bridges, and legs for signs of component defects or stress; • Inspect all DC capacitors for signs of leakage; • Inspect all AC capacitors for signs of leakage; • Inspect and inventory all customer-owned spare parts; • Inspect for and perform, as required, any open engineering changes; • Inspect insulation, overheating, and physical damage; and • Inspect battery monitoring system. 2. Internal Operating Parameters: • Control calibrations — check/ adjust, as necessary; • DC Ground Detection Offset, if applicable; • Inverter leg current average phase balance, if applicable; • Output filter current average phase balance; • Rectified bridge current average leg balance; • AC Protection settings are checked; • DC Protection settings are checked; • Calibrate and record all electronics to system specifications; • Input and Output Frequency and Voltage Bandwidth settings are checked; • Verify DC filter capacitance; • Verify AC tank and trap filter capacitance including balancing of items; • Power Supply voltages and waveforms; • Update firmware as necessary with customer approval (parts if required are included at no charge with full parts coverage if the equipment is under Service Agreement. If there is no service agreement, the parts may be billed at actual cost with applicable markups); and • Evaluate Field Service Bulletins (FSBs) for potential updates (parts if required are included at no charge with full parts coverage if the equipment is under Service Agreement. If there is no service agreement, the parts may be billed at actual cost with applicable markups). 3. External Operating Parameters: • System Input Voltages, all phases; • System Input Currents, all phases; • DC Charging Voltages (float and equalize), record settings, and adjust to nominal; • Rectifier phase on and walk-up; • Inverter phase on and walk-up; • Adjust all panel meters to measured values; • System Bypass Voltages, all phases; • Manual and UV Transfer Testing, verify uninterrupted transfer waveform, if applicable; • Outage Simulation, batter capability testing, and verify charger current limit; and • Generator operation and interface verification, if applicable. Page 11 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. :04442 16E 2 4. Environmental Parameters: • UPS area ambient temperature and condition of ventilating equipment; • General Cleanliness of UPS Power Module; • General Cleanliness of UPS area; • Replace air filters as applicable and necessary (parts if required are included at no charge with full parts coverage if the equipment is under Service Agreement. If there is no service agreement, the parts may be billed at actual cost with applicable markups); • Clean outside of UPS including control panel/CRT screen; and • Flywheel only: Drain oil and change oil and filers. 5. Battery Cabinet Checks: • General appearance of battery systems (all types); • General cleanliness of batter system areas (all types); • Verify the integrity of the battery rack/cabinet; • Inspect all DC connections for abnormalities; • Inspect cells for physical abnormalities; • Check batter for current limits, input limits, overload levels, and over temp circuits; • Check for corrosion on battery terminals and connectors; • Clean batteries as necessary; • Verify proper torque on connections; • Verify the condition of the ventilation equipment, if applicable; • Check the appearance of the battery room, if applicable; • Battery system area ambient temperature and condition of ventilating equipment; and • For internal batters only— measure and record: i. Overall battery float voltage; ii. Charger output current and voltage; iii. Negative terminal temperature of one cell/battery per battery cabinet shelf or rack tier; and iv. Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330). 6. Monitoring System Parameters: • Alarm archive review and printing; • Alarm lamp test-local and remote, if applicable; • Replace all open monitor bulbs; • Inspect battery monitoring system; and • Review battery test in history, if applicable. 7. Circuit Breakers / Isolators: • Check capacitors for swelling or leaks; • Verify free travel; and • Check magnetic/thermal settings. 8. Additional Items: • Synchronizing verification: i. Utility Sync and Transfer to bypass; ii. Transfer from bypass to UPS; iii. Verify voltage and phase lockout; and iv. Verify static bypass operation. • Fuses need verified for type, value, and condition; • Power Measurements (on-line): i. Output RMS current (Phase and Neutral); and ii. Output Peak current (Phase and Neutral). • Cleaning/Air Flow— check fans, doors, and compartment seals i. Replace filters; and Page 12 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 16E 2 ii. Clean Module. • Clean normal cell dirt/dust accumulation, when possible. • Battery recycling as required, is included. • Check nuts, bolts, screws, and connections for tightness and heat discoloration. • Operational testing of the system including unit transfer and battery discharge. 9. General: • Customer consultation; • Verbal recommendations; and • General observations. Following the preventative maintenance inspection, a written report / check list will be provided to the Division detailing the results of the inspection, services completed, and making specific recommendations for future remedial action, upgrades, etc. Preventative maintenance on each unit / system / battery is required to be completed in accordance with the manufacturer's recommendations. Preventative maintenance will be billed by item serviced. Actual records must be provided for payment. These records will include but not be limited to: a summary spreadsheet for each unit services with the date of service and an attestation signed by the Contractor. Typically, preventative maintenance will be completed during normal business hours; however, the County may request preventative maintenance during off-hours, as deemed necessary by the County representative or designee. A surcharge will be allowed for off-hours preventative maintenance, if necessary and first approved in writing by the County representative or designee. Equipment Manufacturer Services Plans may be added as a separate "turnkey" item for specific units, as needed by County Divisions. When these services occur, a quote following the pricing methodology of the solicitation will be requested from the Contractor. ON-CALL SERVICES (for regular and emergency equipment maintenance, repair, and replacement identified in the scope of work): The two types of maintenance, repair, and replacement services required are: • On-Call Repair Work: The County representative or designee will provide a scope of work to be performed to the Contractors and request that a "time and materials" or "lump sum" quote be provided. The County expects that for on-call repair work, the contractor provides a price quote within a reasonable time (one to two business days) from the point of initial contact. Once a purchase order is issued, the County representative or designee would expect that the on-call service for regular maintenance, repair and replacement commence within two (2) business days, unless otherwise directed by the County representative or designee. In the event that the Contractor does not fulfill these response requirements, the County reserves the right to contact other Contractor to perform the scope of work. • Emergency Repair Work: The County representative or designee will identify the needed maintenance, repair and replacement for the life, health, safety or equipment/facility emergency and request that work be completed as soon as reasonably practicable. The County representative or designee may direct the Contractor to commence work through a verbal direction; and a purchase order will be issued to the Contractor as soon as possible. All emergency repair work will be completed on a time and materials based on the contracted pricing schedule. If any repair is deemed an emergency, all parts must be shipped overnight and repairs are to start immediately upon the part being received. Page 13 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. • 16E 2 In each scope of work the County representative or designee reserves the right to specify: the period of completion; collection of deductions / fines or actual costs in the event of late completion and/or non- compliant performance and/or vendor caused damages; and "lump sum" or "time and material" sums. • If"lump sum" quote is requested, the Contractor shall provide: ✓ A not-to-exceed total cost for the entire scope of work including a brief description of the work to be completed; ✓ Lump Sum (fixed price) is a firm fixed total price offering for a project; the risks are transferred from the County to the Contractor; and, as a business practice there are no hourly or material invoices presented, rather, the Contractor must perform to the satisfaction of the County's project manager or designee before payment for the fixed price contract is authorized. ✓ Only a single lump sum quote is required, no itemized breakdown for the lump sum quote will be required for quoting or payment purposes. No time and material quotes will be accepted or required for quoting or payment. Actual invoices for materials, subcontractors, mark-ups, etc. will not be required for payment purposes, as the lump sum quote does not require a breakdown of the quote or supporting documentation. Timesheets and/or timecards will not be accepted or required for quoting or payment purposes to support labor hours, as they are not required for a lump sum quote. ■ If "time and material" quote is requested, the Contractor shall provide: ✓ The expected number of work hours by each position (and the hourly rate) and the extended total; ✓ The breakdown of the cost for supplies, parts and equipment used for the scope of work; the Contractor must provide itemized documentation of any supply, part or piece of equipment with their invoice. ✓ If applicable, a mark-up of subcontractor's labor, supplies / materials and equipment may be included; the Contractor must provide itemized documentation (including the subcontractor's invoice) of any subcontractor's labor, supplies / materials, and equipment. ✓ The County agrees to pay the Contractor for the amount of labor time spent by the Contractor's employees, (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the Contractor's mark-up). Subcontractors will be paid by the contractor according to their submitted invoice(s) then the contractor will be allowed to charge a markup accordingly. ✓ As a general business practice, the time and material invoices would include back- up documentation for costs for supplies/materials, equipment rental, subcontractors, etc. Invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ✓ Taxes, related fees, and ancillary charges may be transferred to the County in the actual amount; however, mark-ups will not be allowed. Mark-ups will not be allowed on sales tax, consumer fees or taxes, use and other similar taxes, or fees associated with any work under this Agreement. ✓ Freight and shipping charges will be allowed if included in the quote and only allowed to the amount support by back-up documentation. No mark-up will be allowed for freight or shipping charges. ✓ If applicable, a ten (10%) percent mark-up of subcontractor's labor, subcontractor's supplies / materials, subcontractor's equipment, rental equipment, contactor's equipment, Contractor supplies / materials, etc. will be allowed. Page 14 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 1,6 E 2 Contractors Responsibilities The Contractor awarded for preventative maintenance inspection services, repair services, emergency and for on-call services will provide: 1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the preventative maintenance inspection services, repairs, and on-call services for the County's systems. Except as noted herein, travel, fees and surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. A contractor will not be allowed to bill for administrative hours for invoicing, providing back-up and supporting documentation, etc. All work shall be a "turnkey" operation to include all repairs, site clean-up and restoring the work area to its original condition. The resultant contract provides for any services deemed necessary to complete the job, through means of Contractor in-house expertise or sub- contracted work as needed (back-up documentation will be required for sub-contracted work). The Contractor shall ensure that all areas and equipment (i.e. UPS units and systems, batteries, etc.) be kept clean and free from dirt, dust and debris. Where necessary, work shall include proper permitting, as required, and the Contractor shall be responsible for permit submissions, unless otherwise instructed by the County. Permit fees may be included as a line item on invoices/quotes with no markup. The Contractor will maintain sufficient personnel to accomplish County's work schedule. 2. The Contractor will use technicians who are trained and experienced with brands serviced. The Contractor's technicians will be available for response twenty-four (24) hours a day, seven (7) days a week, 365 days per year for any emergency repairs. The Contractor shall provide the County with an on-call telephone number for emergency service. The Contractor shall employ an adequate staff of approved technicians to provide service taking into account vacation and other leaves. 3. Response time: Emergency response shall be provided in no more than four (4) hours from the time of the call. Non-emergency response within eight (8) hours is acceptable. For on-call repairs, the Contractor must be on-site and repairs begun within twenty-four (24) hours of the initial call being placed for all areas unless the County Representative approves a different amount of time for response. 4. A qualified engineer (with all related licenses and certifications being current and in full force and effect) with the experience and ability to "pull" all permits required for any and all system renovations, when necessary and applicable. There is a multitude and variety of different systems currently in place. All brands must be able to be serviced by the vendor or the vendor use a subcontractor to service the equipment. 5. Call Schedule: Contractor will provide an on-call schedule twenty-four (24) hours a day, seven (7) days per week, 365 days per year. The Contractor shall provide the County with an on-call telephone number(s) for standard, technical, and emergency services. 6. Replacement / Repair Parts: All replacement / repair parts must be approved and be of genuine and original manufacturer's parts. The Contractor will be required to provide proof of Page 15 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. ora 16E 2 the Original Manufacturer's parts through providing invoices or photographs at the time of invoice submission. The Contractor shall be required to expressly warrant that all replacement are new and free from defects, warranted for their merchantability and meet the performance specifications of the original equipment. In the event a portion, or all of an order, is found to be defective when delivered and/ or installed, the Contractor shall immediately replace the equipment at no cost to the County. 7. Warranties: All new equipment warranty work shall be provided by the original warranty supplier. All warranty responsibility for previously purchased, but still under warranty, equipment will continue to be provided by the original warranty supplier until expiration of the warranty period. Upon expiration of the warranty period, responsibility for maintenance shall automatically transfer to the Contractor, unless otherwise directed by the County representative or designee. All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty item, the Contractor shall notify the County representative or designee, who will then have the responsibility of placing and tracking the warranty trouble call with the warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty trouble call to the County representative or designee shall be provided by the Contractor at no additional cost to the County. Parts, replacement parts, and fixtures shall be new and warranted for a minimum of one (1) year, or the maximum allowed by the manufacturer. All labor for repairs shall have a minimum ninety (90) day warranty. 8. Additions and Deletions of Equipment: The County retains the right to add or to delete any equipment from service provided under this Contract as described herein, upon written notification by the County designee to the Contractor. Any additions or deletions shall be handled by letter from the County representative or designee and approved by the Procurement Strategist. The County, or designee, shall attempt to provide advanced notice to the Contractor of all additional and/or new equipment; however, should Contractor's personnel receive a maintenance or repair call and records show that the individual piece of equipment is not inventoried or covered by this Agreement, the Contractor personnel will perform repairs as if equipment was covered by this Agreement and shall notify the County designee. The County, or designee, will provide notice of additional equipment in writing to the Contractor, whenever possible. The Contractor may then charge for that piece of equipment, as described below, respectively, effective the date the Contractor was called for service on that piece of equipment. If removing equipment from coverage, the County Representative or designee shall provide written or electronic notice to the Contractor. Equipment removed shall not be billed for the month of removal. Any prepaid coverage fees will be refunded at a pro-rata amount to the County in the form of a credit on the subsequent billing. 9. Records and Documentation: The Contractor is responsible to maintain and update records for each type of equipment serviced. The documentation will include, and not be limited to, records of all service calls, preventative maintenance performed, and any system modifications, if applicable. The Contractor will maintain a service log at the site of each piece Page 16 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 16E 2 of equipment maintained. The Contractor will not charge for any call back work. All recovery reports shall be sent to the County contract manager, or their designee, noting date, type, quantity, location, and disposal information. 10. Inspections: The County and the Contractor may conduct an inspection of the completed services provided in response to any resulting purchase order. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected within 24 hours after receipt of notification, at the Contractor's expense, or the County may follow the provisions in Section 11c (below). Deductions may be imposed at the time of initial notification for lack of performance. If the Contractor fails to correct the defects within this time frame, the County shall be entitled to have the work remedied, charge a deduction / fine (see Section 11 Performance Measures and Section 12 Contract Deductions), and the Contractor shall be fully liable for all costs and expenses reasonably incurred by the County. 11. Performance Measures: The Contractor shall maintain compliance with the following performance measures: a. The Contractor will provide 100% of all required reports and records within the time frame specified to the County, or their designee. b. The Contractor will advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above-outlined performance measures. c. The Contractor will furnish all necessary labor, tools, equipment and services to perform contracted services specified in the contract. The term contract officer or project manager as used herein, shall mean the County Representative or designee. The Division Management and/or County Representative shall be the final authority on any issues that may arise as to the quality and acceptability of any work performed under this contract. If, in the opinion of the County Representative or designee, any part of the Contractor's performance becomes unsatisfactory; the County will immediately levy a deduction on the Contractor's invoice for lack of service. This deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus actual cost to correct the violation. There will be no cost to the County for re-works or for the vendor to resolve performance issues. The County shall have the immediate right to complete the work to its satisfaction, through the use of County employees or outside contractors as deemed necessary, the total sum of the County employee's hours and materials cost(s) and/or outside vendor invoices shall be immediately deducted from the Contractor's invoice. 13. Contract Deductions: It is the County's intent to have all tasks performed satisfactorily and completed in accordance with the specifications and frequencies set forth under the contract. It is important that the Contractor perform all tasks as prescribed. If any tasks are omitted or not performed satisfactorily and completely and with the frequency designated by the contract, the entire affected area as defined solely by the designated County representative or designee shall be found to be a non-performance area and a deduction shall be levied. The deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus actual cost, including County employees labor, materials cost, outside vendor cost and any other costs for the correction of the violation. Page 17 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 0 16E 2 Deductions shall be administered through the County Representative or designee. Should the Contractor wish to appeal these charges, they may do so in writing to the County representative's Manager within three (3) days of receiving the fine / deduction notification. The appeal should state dates, times and other associated facts, along with a clear description of their argument or disagreement with the fine. The appeal should also reference this bid document and / or other supporting documentation. Should the appeal be rejected by the County's Representative's Manager within three (3) days, the next appeal may then be made to the County Representative's Director within three (3) days. Each of these appeals should be made within three (3) days of the incident or notification (for the appeal to the Division). If a resolution cannot be obtained through the Division Management Appeal process, the Contractor will have the right to appeal within three (3) days to the Procurement Services Division. 14. Clean-up: The Contractor shall be responsible for removing all debris from the site and cleaning affected areas. The Contractor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon request by the County's representative, shall remove such debris and materials from the property. The Contractor shall leave all affected areas as they were prior to beginning work. There will be no cost to the County for clean-up. If the Contractor does not follow this provision, there will be a deduction of one hundred and fifty dollars ($150) per occurrence, per day, plus actual cost to correct the violation. Any deduction may be assessed after a minimum of one written warning. 15. Equipment Inventory: The Contractor shall, under no circumstances, remove any equipment containing a County asset sticker. The Contractor shall request that, when replacing equipment, the asset sticker be removed by an appropriate County staff member authorized to adjust equipment inventory records. 16. Survivability Clause: The Contractor agrees, will honor, and finish work for any purchase order that extends beyond the expiration date of the original solicitation and/or contract. These purchase orders will survive and remain subject to the terms and conditions of the agreement until the completion or termination of the purchase order. Page 18 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 16E 2 Exhibit B - Fee Schedule On-Call Mechanical Services: Category Unit of Measure Unit Price After Hours and Holidays Unit Supervisor Per Hour $250 $300 Licensed Journeyman Per Hour $250 $300 Apprentice Per Hour $250 $300 Engineering/Design Per Hour $250 $300 Material Markup over Percentage 15% cost Markup over Sub- Percentage 10% Contractor cost The hourly rates only apply to time and materials quotes. These rates will not be used or required for lump sum quotes. For lump sum quotes all three awardees (primary, secondary, and tertiary) must provide a lump sum quote or explanation for a no quote. Preventative Maintenance Inspection Services: System Description Price Per Unit 0 - 20 KVA $ 300.00 21 - 40 KVA $ 350.00 41 - 80 KVA $ 400.00 Greater than 81 KVA $ 500.00 Off-hours surcharge $ 200.00 Page 19 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 0 16E 2 Exhibit C —Facilities Management Division UPS List Brand Model Tag Description Location Liebert 37SA030A0C6D250 1327221 Npower 30-50 CCSO Naples Jail Liebert 37BP030XFJ1BAL 1327224 Sealed Battery CCSO Naples Jail Liebert 38SA015COCFJ 1345743 NX 10-15 INTBAT CCSO Naples Jail Liebert 38BP120XPX1BNS 1734204 Sealed Battery CCSO Naples Jail Liebert 38SA120AOA01 1734205 NX 80-120/ NX 480V CCSO Naples Jail Liebert MBP3225A00S3812 1738691 MBC/SLIM LN CAB CCSO Naples Jail Brand Model serial number Description Location Eaton 9315-50-80 ET372ZBA09 VRLA Sealed Building Cl Eaton 9355-10-15_32Batt BE301KBA12 VRLA Sealed, internal Building B only Eaton 9315-5080 EV473ZBA03 VRLA Sealed Building F Eaton 9330-25-40 EU506AXX01 VRLA Sealed, internal Property Appraiser only Eaton 9330-25-40 EU506AXX18 VRLA Sealed, internal MV Tax Collector only Eaton 9330-10-20 EX062AXX14 VRLA Sealed, internal Eagle Creek Tax only Collector Eaton 9355-20-30 EY464KXX44 VRLA Sealed, internal Green Tree Tax only Collector Eaton 9330-10-20 EU384AXX02 VRLA Sealed, internal Immokalee Jail only Eaton 9355-20-30 EY155KXX14 VRLA Sealed, internal Development Services only Eaton 9355-20-30 EY354KXX24 VRLA Sealed, internal Immokalee Jail only Eaton Uknown-30-50 B250074 VRLA Sealed Orange Blossom Tax Collector Eaton 9390-40-80 EC232CBA03 VRLA Sealed Bldg W FB255FBB10 Wilson Blvd. Brand Model Serial number Site APC Symmetra PX P10741170123, CCSO Special SY40K40F WF0749110601, Operations PD0744160045 Page 20 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Se ices, Inc. 16E 2 Exhibit D — Public Utilities Department UPS List UPS modes and quantities are based approximates for each location. Units may be on a scheduled maintenance to be replaced or battery replacement only. North County Water Reclamation Facility South County Water Reclamation Facility Brand Model VA Quantity Where used APC BK350 350 15 Filters Office APC BE550G 550 15 Computers Smart UPS- PLC,s/DEV APC SMT1500 1500 33 Machine Smart UPS- APC SMT3000 3000 3 Plant Servers WATER Brand Model VA Quantity Where used UPS Pro- Plants/Well APC BR1500G 1500 200 Sites Plants/Well Duracell Battery SLA12-7F 7AH 200 Sites Batteries are used to replace bad batteries in APC 1500's IQ Brand Model VA Quantity Where used IQ Pump APC BK350 350 44 Stations Smart UPS- IQ Pump APC SMT750 750 2 Stations Smart UPS- IQ Pump APC SMT1500 1500 3 Stations Smart UPS- IQ Pump APC SMT2200 2200 1 Stations PUMP STATIONS Brand Model VA` Quantity Where used UPS Pro- APC BR1000G 1000 2 Pump Stations Smart UPS- APC SMT1500 1500 4 Pump Stations Smart UPS- APC SMT2200 2200 1 Pump Stations SOLA SDU500 500 2 Pump Stations FERR FE500VA 500 1 Pump Stations Page 21 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. 0 16E 2 Exhibit E — Information Technologies Division UPS List i Site Name Address City-Zip Make/Model Size Serial Number Note 1899 Trade Naples- 18 North Naples Center Way 34109 Best Ferrups KVA EY425FN024 Naples- 18 WAVV 1515 Benton Rd 34117 Best Ferrups KVA FE18K01243 13240 Powerware- 18 Corkscrew Immokalee Rd Naples 9170 KVA C6601N018KK022078 2901 County Naples- Powerware- 18 County Barn Barn Rd 34112 9170 KVA C6601N018KE050968 15669 Tamiami Naples- Powerware - 18 Krehling Trail E 34114 9170 KVA C6601N018KK022077 Chalet- 520 South Marco Island 18 Marco Island Collier Blvd -34145 Best Ferrups KVA FE18K01240 8075 Lely Naples- 80 ESC Cultural Pkwy 34113 Powerware 9390 KVA EB333CAA08 3 phase Page 22 of 22 Agreement#16-6640R"Uninterruptible Power Systems" Precision Power Services, Inc. al 1 6 E 2 ACORE, ' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/07/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HUB INTERNATIONAL FLORIDA PHONE P 0 BOX 1027 E/C,No,Ext):(888)661-3938 f FAX (A/C,No): (888)872-8921 L CLEARWATER,FL 33757 ADDRESS:Service.center@travelers.com (888)661-3938 INSURER(S)AFFORDING COVERAGE NAIC# I _ INSURER A:THE TRAVELERS INDEMNITY COMPANY INSURED INSURER B:THE PHOENIX INSURANCE COMPANY PRECISION POWER SERVICES,INC. — -_ 3959 VAN DYKE RD.STE.230 INSURER C:TRAVELERS CASUALTY AND SURETY COMPANY LUTZ, FL 33558 INSURER D: INSURER E: 1 _ I INSURER F: COVERAGES CERTIFICATE NUMBER: 914859647401152 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBERLIMITS (MM/DDIYYYY) (MMIDD/YYYY) B X 680-3962C451-16 03/27/2016 03/27/2017 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CLAIMS-MADE I X I OCCUR PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 RO POLICY X JPECT- LOC PRODUCTS-COMP/OPAGG $2,000,000 JOTHER: AAUTOMOBILE LIABILITY BA-3962C703-16 03/27/2016 03/27/2017 COMBINED SINGLE LIMIT $1 000 000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED -AUTOS PROPERTY DAMAGE (Per accident) $ A ©UMBRELLA LIAB -�X OCCUR CUP-1H373903-16 04/11/2016 03/27/2017 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED©RETENTION$5,000 � $ C WORKERS COMPENSATION N/A UB-3962C696-16 03/27/2016 03/27/2017 X STATUTE EOTH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 I i 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) AS RESPECTS TO GENERAL LIABILITY,CERTIFICATE HOLDER IS ADDITIONAL INSURED PER FORM CG D2 48- BLANKET ADDITIONAL INSURED(CONTRACTORS OPERATIONS),BUT ONLY AS RESPECTS TO WORK PERFORMED BY THE INSURED. CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COUNTY COMMISSIONERS I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 TAMIAMI TRAIL, EAST ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES,FL 34112 AUTHORIZED REPRESENTATIVE • Aft--}_, ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 1 E 2 AR I DDDNYYY) CERTIFICATE OF LIABILITY INSURANCE g/88/202016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1 CONTACT NAME: EMPIRE WEST INS SERVICES INC PHONE FAX 4125 Temescal St Ste C E-MAIL Fz') (916) 967-1130 �(A/C,Ne)(888)204-4268 Fair Oaks, CA 95628 ADDRESS:Jeff@empirewest.net Fair 0 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: StarStone Specialty Ins. Co. INSURED Precision Power Services, Inc. INSURER B: 3959 Van Dyke Rd suite 230 INSURERC: Lutz, FL 33558 INSURER D: (727)376-6400 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY 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. INS 2 AUUL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INS() WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YWY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I CLAIMS-MADE X l OCCUR PREMS( REN I ED PREMI E SES(Ea occurrence) $ X Pollution Liability 47255E160AEM 9/8/20169/8/2017 MEDEXP(Anyone person) $ A PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ID JECPROT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ IEa accident) ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY - AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I STATUTE I I EOTH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? U N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners are named as additional insured as respects all insured's operations per written contract. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3327 Tamiaml Trail THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. East Naples, Florida 34112 AUTHORIZED REPRESENTATIVE L fir ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD , . ...,,,., h 16E2 i % , Company ID Number: 1126929 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Precision Power Services, Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and OHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E v ... 2 ,-,,,,::- fifx—,,,,,,,,,sir,,- rl Company ID Number: 1126929 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept"List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s)to complete the Form 1-9. I 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 1 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2)When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 , E r j E-VeriFy 2 l��l ,,, Company ID Number: 1126929 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article ILB of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 „, „.0,2„ E ri .* • 16E 2 Company ID Number: 1126929 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign” or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verifydhs.qov. Please use "Privacy Incident— Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act(5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act(42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 .0. - i Veri y LT"; ::,..„,6 , ii111I�vA Company ID Number: 1126929 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to OHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any"employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 _ 654 ve f � = !„i31 Company ID Number: 1126929 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 10O1(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 6 E 2 Company ID Number: 1126929 Article Il.C.5, but reflects documentation (such as a U.S. passport or Form 1-551)that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. OHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 2 „. i ,, _ EJSA w E . - eri s ,, 1 6 E MP Company ID Number: 1126929 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of OHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify,' DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. OHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. OHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. OHS agrees to provide a means of secondary verification (including updating OHS records)for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to OHS, unless DHS determines that more than 10 days may be necessary. In such cases, OHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E u1 Ve x h. Company ID Number: 1126929 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 _ . 2 ,. .. ..16E .„. e„, y Company ID Number: 1126929 employee to contact DHS through its toll-free hotline (as found on the referral letter)within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: , a. Scanning and uploading the document, or , b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by OHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ... , E v e ",, ,,, , , ,A 6 2 _ rl ,_.,04_ ,,,„,„,g,„ Company ID Number: 1126929 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, OHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to OHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and OHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C.The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-VeriFy . 6 E 2 y , R . Company ID Number: 1126929 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and OHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to OHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G.The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 g:: .16E 2 ,„,, ,,,, E-VeriFy ,. ,, EIII Company ID Number: 1126929 Approved by: Employer Precision Power Services, Inc. Name (Please Type or Print) Title Christopher J Herz Signature Date Electronically Signed 09/14/2016 Department of Homeland Security—Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 09/14/2016 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-VeriFy Company ID Number: 1126929 Information Required for the E-Verify Program Information relating to your Company: Precision Power Services, Inc. Company Name 2556 Merchant Ave Odessa, FL 33556 Company Facility Address 3959 Van Dyke Rd Suite 230 Company Alternate Address Lutz, FL 33558 County or Parish PASCO Employer Identification Number 204250576 North American Industry 811 Classification Systems Code Parent Company Number of Employees 1 to 4 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers 1 Revision Date 06/01/13 ..,.., ..„),„:„,,, .: 6E 2 E_ v , ,,,,_ , ,„,„, , Company ID Number: 1126929 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 - en E ..„., n,tT M1 b E 2 Z''' i1t Company ID Number: 1126929 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Christopher J Herz Phone Number (727)376-6400 Fax Number (727)731 -6700 Email Address cherz@precisionups.com • Page 16 of 17 E-Venfy MOU for Employers I Revision Date 06/01/13 16E 2 Venry „s„,„ Company ID Number: 1126929 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers Revision Date 06/01/13