Agenda 12/12/2017 Item #16D1912/12/2017
EXECUTIVE SUMMARY
Recommendation to waive competition and authorize the Chair to execute Contract # 17-7212-WV
with Commercial Energy Specialists, Inc. (CES) as the sole-source provider for the purchase of
BECS chemical and pool filtration systems, warranty repair, parts, and materials and authorize
payment of three (3) outstanding invoices in the total amount of $16,353.10 for goods and services
satisfactorily performed by Commercial Energy Specialists (CES) and for fair value received.
OBJECTIVE: To efficiently procure and maintain specialized BECS chemical and pool filtration
systems, warranty repair, parts, and materials to ensure the safety of the public by complying with Health
Department regulations with proper chemical control systems.
CONSIDERATIONS: When the Sun-N-Fun Lagoon water park was constructed, the controller system
originally installed was a Stranco-Strantrol System; which was manufactured by BECS Technologies. In
2005, BECS decided to stop marketing, supplying aquatics controllers, and providing replacement parts
through Stranco-Strantol and introduced the BECSys line of aquatic controllers. BECS Technologies has
chosen CES as the sole source for sales, service, and warranty administration within the Florida and
Caribbean region for the BECSys line of controllers.
On June 9, 2015, the Board of County Commissioners (Board) approved Agenda Item# 16.D.13,
approving CES as the sole source supplier to support the chemical and pool filtration systems for five
years with all procurement of products and services made through the issuance of a Purchase Order. CES
agreed to extend a 15% discount on all BECS and EKO3 equipment to the County for five years. Until
February 2016, CES invoiced and was timely paid by the County for various products purchased to
operate the water park. Commencing in February 2016, to continue processing payments for products and
services provided and invoiced by CES, the Clerk’s Finance staff asked CES to supply additional
supporting documentation to establish the cost of equipment and supplies procured with County issued
Purchase Orders. CES indicated that no further documentation is available because the manufacturer does
not publish a manufacturer suggested retail price list for its products. Further, staff can confirm that the
product and work identified on the attached invoices has been supplied and completed to the Division’s
satisfaction in compliance with specifications and requests the Board to accept the value of the work
performed by CES.
Based upon the confirmation of the fair value of goods and services received, staff requests that the Board
authorize payment of the attached outstanding invoices because the County has benefited from the work
performed by the vendor and the costs charged are reasonable for the services provided. Therefore, staff
requests that payment in the amount of $16,353.10 be authorized for the three outstanding invoices.
Upon approval of Contract# 17-7212-WV, Purchase Order 4600004040 / #16-6552 (established on June
9, 2015), will be terminated and a new purchase order will be issued under Board approved Contract #17-
7212-WV. Pursuant to Section 11, sub-paragraph 10 of the Collier County Procurement Ordinance#
2017-08, staff requests that the Board find that in the best interest of the co unty to waive formal
competition and exclusively purchase BECS chemical and pool filtration systems, warranty repair, parts,
and materials from CES as a sole source vendor.
FISCAL IMPACT: Funds to maintain aquatic facilities are available within various cost centers in
General Fund (001), MSTD General Fund (111), and Parks CIP Fund (306).
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. -SRT
12/12/2017
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
RECOMMENDATION: To authorize payment of three (3) outstanding invoices in the amount of
$16,353.10 for work performed by Commercial Energy Specialists, waive formal competition and
authorize the Chair to execute Contract# 17-7212-WV with Commercial Energy Specialists, Inc.
Prepared By: Matt Catoe, Operations Analyst, Parks and Recreation Division
ATTACHMENT(S)
1. Waiver Request 263 - CES (Signed) (PDF)
2. 17-7212-WV Commercial Energy_Agreement_VendSign (PDF)
3. Invoice# 102838 (PDF)
4. Invoice# 104135 (PDF)
5. Invoice# 107823 (PDF)
6. Business Case for Commercial Energy Specialist(PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.19
Doc ID: 4063
Item Summary: Recommendation to waive competition and authorize the Chair to execute
Contract # 17-7212-WV with Commercial Energy Specialists, Inc. (CES) as the sole-source provider for
the purchase of BECS chemical and pool filtration systems, warranty repair, parts, and materials and
authorize payment of three (3) outstanding invoices in the total amount of $16,353.10 for goods and
services satisfactorily performed by Commercial Energy Specialists (CES) and for fair value received.
Meeting Date: 12/12/2017
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
10/24/2017 11:35 AM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
10/24/2017 11:35 AM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/24/2017 12:38 PM
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 10/25/2017 8:51 AM
Procurement Services Adam Northrup Additional Reviewer Completed 10/25/2017 12:41 PM
Procurement Services Ted Coyman Additional Reviewer Completed 11/02/2017 4:56 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 11/03/2017 8:27 AM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 11/13/2017 8:25 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 11/13/2017 4:15 PM
Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 11/15/2017 7:04 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 11/22/2017 4:43 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/27/2017 10:27 AM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 11/27/2017 10:27 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/27/2017 10:45 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/28/2017 3:22 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/06/2017 3:10 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
Instructions
Completed waiver requests accompanied by any associated backup documentation (sole source letter, business case, etc.)
must be submitted to the division’s Procurement Strategist for any procurement, without competition, in excess of $3,000.
Waiver requests greater than $50,000 will require approval by the Board of County Commissioners.
Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be based
on a lack of competition, proprietary technology, copyright, warranty or a supplier’s unique capability.
Single source refers to a procurement directed to one source because of standardization, warranty, or other factors, even
though other competitive sources may be available.
Requester Name: Division:
Item/Service: Vendor Name:
Fiscal Year: Requested Date Range: Anticipated Cost per Fiscal Year:
Sole Source: Single Source: One Time Purchase: Multiple Purchases:
Description of Purchase:Enter a description of the item(s) items that will be purchased under this waiver.
Purpose:Describe in detail, the purpose of the requested item(s) and why it is essential to County operations.
Explanation: Why is this a single or sole source?
Date of BCC standardization (if applicable): BCC Item number:
It is a felony to knowingly circumvent a competitive process for commodities or services by fraudulently specifying sole
source. Florida Statute 838.22(2).
Requested by: Signature: Date:
Division Director: Signature: Date:
Procurement Strategist: Signature: Date:
Procurement Director: Signature: Date:
For Procurement Use Only:
FY18 Approval: FY19 Approval: Multi-Year Approval: Start ____________ End ____________
Collier County
Waiver Request Form
Waiver Form Ver. 1 - 8/25/2017
Scott Holtrey Parks and Recreation
BECS Chemical and Pool Filtration Systems Commercial Energy Specialist (CES)
Multiple 100,000
✔✔
Replacements and replacement parts for BECSys7 Chemical Controllers.
To maintain specialized BECS chemical and pool filtration systems, warranty repair, parts and
materials to ensure the safety of the public by complying with Health Department regulations with
proper chemical control systems.
Commercial Energy Specialist (CES) is the sole source for sales, service and warranty
administration, in the Florida region.
Matt Catoe
Matt Catoe Digitally signed by Matt Catoe
Date: 2017.11.14 11:20:03
-05'00'11/14/2017
Barry Williams
Barry Williams Digitally signed by Barry Williams
Date: 2017.11.16 09:45:30 -05'00'11/16/17
Adam Northrup
cn=adamnorthrup@colliergo
v.net
'00'05- 10:16:32 2017.11.16
Edward F. Coyman Jr.
tedcoyman@collie
rgov.net
Digitally signed by
tedcoyman@colliergov.net
DN: cn=tedcoyman@colliergov.net
Date: 2017.11.22 08:23:45 -05'00'
✔10/01/2017 09/30/2022
A G R E E M E N T # 17 -7212 -WV
for
"SECS Chemical and Pool Filtration Systems"
THIS AGREEMENT, made and entered into on this day of 2017, by
and between Commercial Energy Specialist, Inc., authorized to do business in the State of
Florida, whose business address is 952 Jupiter Park Lane, Suite 1, Jupiter, Florida 33458, (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
AGREEMENT TERM. The Agreement shall be for a two (2) year period, commencing on
Date of Board award and terminating on two (2) years from that date or until all
outstanding Purchase Orders issued prior to the expiration of the Agreement period have
been completed or terminated.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a Purchase Order.
3. STATEMENT OF WORK. The Contractor, as the sole distributor of BECS Technology,
shall provide the sales, service and warranty administration of BEC chemical controller
system and EKO3 filter system in accordance with the terms and conditions referred to
herein and made an integral part of this Agreement.
This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the 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
the Work pursuant to the quoted price offered by the Contractor in response to a specific
Request for Quotation and pursuant to the Price Methodology in Section 4.1.
Payment will be made upon receipt of a proper invoice and upon approval by the Parks
and Recreation Director or his designee, and in compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act."
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Commercial Energy Specialist
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.)
4.2 Any County agency may obtain 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.
SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-80159665310-2.
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:
Commercial Energy Specialists, Inc
952 Jupiter Park Lane, Suite 1
j Jupiter, Florida 33458
Attention: Robert Hayduk
Telephone: (800) 940-1557
Facsimile: (561) 746-5898
Email: Rhayduk(a-)ceswaterguality.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Board of County Commissioners for Collier County, Florida
C/o Parks and Recreation Division
15000 Livingston Road
Naples, Florida 34109
Telephone: 239-252-4059
Attention: Matt Catoe, Operations Analyst
Email: MatthewCatoe(vZcolliergov.net
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The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
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/Subconsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non -County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
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Commercial Energy Specialiiit
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
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 $1,000,000 for each accident.
D. Pollution: Coverage must include a minimum limit of $1,000,000 for occurrence.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
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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 Parks & Recreation 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) and subsequent quotes.
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,
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.
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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
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
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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.
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's
shall assign as many people as necessary to complete the required services on a timely
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 and Executive Summary, the terms of the County's Board
approved Contract Documents shall take precedence.
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Commercial Energy Speclalist
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 an-collieroov.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.
(SIGNATURE PAGE TO FOLLOW)
"""""Remainder of page left blank intentionally""""""""""
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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.
ATTEST:
Dwight E. Brock, Clerk of Courts
0
Dated: _
(SEAL)
Contractor Witnesses:
L m MOacDe r rnoTr
TType/print witness nameT
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Penny Taylor, Chairman
Contractor
Commercial Energy Specialist, Inc.
By: ( 4-
Signatur , (_0(�n1J t r, Q� Shot,, -
V�fl ��1/ V 7
TType/print signature and titleT
Approved as to Form and Legality
Deputy County Attorney
05
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3299 Tamismi Trl E Ste 700
Napbs, FL 34112
Sun & Fun Aquatic Cenier
15000 Livingston Rd
Napbs, FL 34109
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ET FK-009-003O0 Bedcr.sh Vahre Rlbuild Kit, EKO3
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SO-124341
INVOICE
07/31/17
Order #
Preventative Maintenance: Golden Gate Community Park - Golden Gate
Activity/Kiddie Pool
Date
107823Invoice #
Collier County Finance Dept
Scott HoltreyOrdered By
Net 45Billing Terms
09/14/17Date Due
Bill To
Collier County Finance Dept
Attn: BCC Clerk of Court
3299 Tamiami Trl E Ste 700
Naples, FL 34112
Ship To
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples, FL 34116
4500178357Client PO #
Service Requested
Filter PM with Valve overhaul for Kiddie Pool and Slide
Invoice Items
TotalQtyDescriptionUnit PriceCode
995.001995.00USF/EKo3 Two Tank Auto Sand Filter PMA985PMA985 - USF 2
Filter PM 94.98615.83Victaulic Seal for USF 6" Backwash ValveET FP-022-26440
995.001995.00USF/EKO 3 Single Tank-Auto Sand Filter PMA985PMA985 - USF 1
Filter PM 425.001425.00Valve RebuildGeneral Service
1,166.644291.66Backwash Valve Rebuild Kit, EKO3ET FK-009-00300
94.98713.57Victaulic Seal for USF 6" Backwash ValveET FP-022-26440
425.001425.00Valve RebuildGeneral Service
-10.001-10.00adjustment to match POCB Package
Discount 2,296.6912,296.69EV 576-02502MISC-SUP
Total
Subtotal
Adjustment
6,483.29
6,483.29
0.0007/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic seals. Inspected
the rest of the filter system.
The site will backwash the systems, when there is no one in the pools.;
07/11/2017 - Rebuild (2) valves on filter system
Started up system upon completion;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic
seals. Inspected the rest of the filter system.
The site will backwash the systems, when there is no one in the pools.;
07/11/2017 - Rebuild (2) valves on filter system
Started up system upon completion;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Shipping 0.00
Tax 0.00
Grand Total 6,483.29
Actions Taken
Balance 6,483.29
Page 1 of 4
SO-124341
INVOICE
07/31/17
Order #
Preventative Maintenance: Golden Gate Community Park - Golden Gate
Activity/Kiddie Pool
Date
107823Invoice #
Collier County Finance Dept
Scott HoltreyOrdered By
Net 45Billing Terms
09/14/17Date Due
Bill To
Collier County Finance Dept
Attn: BCC Clerk of Court
3299 Tamiami Trl E Ste 700
Naples, FL 34112
Ship To
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples, FL 34116
4500178357Client PO #
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - Rebuild (2) valves on filter system
Started up system upon completion;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic
seals. Inspected the rest of the filter system.
The site will backwash the systems, when there is no one in the pools.;
07/11/2017 - Rebuild (2) valves on filter system
Started up system upon completion;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic
seals. Inspected the rest of the filter system.
The site will backwash the systems, when there is no one in the pools.;
07/11/2017 - Rebuild (2) valves on filter system
Started up system upon completion;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - Rebuild (2) valves on filter system
Started up system upon completion;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic
seals. Inspected the rest of the filter system.
The site will backwash the systems, when there is no one in the pools.;
07/11/2017 - Rebuild (2) valves on filter system
Started up system upon completion;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Page 2 of 4
SO-124341
INVOICE
07/31/17
Order #
Preventative Maintenance: Golden Gate Community Park - Golden Gate
Activity/Kiddie Pool
Date
107823Invoice #
Collier County Finance Dept
Scott HoltreyOrdered By
Net 45Billing Terms
09/14/17Date Due
Bill To
Collier County Finance Dept
Attn: BCC Clerk of Court
3299 Tamiami Trl E Ste 700
Naples, FL 34112
Ship To
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples, FL 34116
4500178357Client PO #
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic
seals. Inspected the rest of the filter system.
The site will backwash the systems, when there is no one in the pools.;
07/11/2017 - Rebuild (2) valves on filter system
Started up system upon completion;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - Rebuild (2) valves on filter system
Started up system upon completion;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic
seals. Inspected the rest of the filter system.
The site will backwash the systems, when there is no one in the pools.;
07/11/2017 - Rebuild (2) valves on filter system
Started up system upon completion;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic
seals. Inspected the rest of the filter system.
The site will backwash the systems, when there is no one in the pools.;
07/11/2017 - Rebuild (2) valves on filter system
Started up system upon completion;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - Rebuild (2) valves on filter system
Started up system upon completion;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - Single tank Pm on slide pool
Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system.
Page 3 of 4
SO-124341
INVOICE
07/31/17
Order #
Preventative Maintenance: Golden Gate Community Park - Golden Gate
Activity/Kiddie Pool
Date
107823Invoice #
Collier County Finance Dept
Scott HoltreyOrdered By
Net 45Billing Terms
09/14/17Date Due
Bill To
Collier County Finance Dept
Attn: BCC Clerk of Court
3299 Tamiami Trl E Ste 700
Naples, FL 34112
Ship To
Golden Gate Community Park
3300 Santa Barbara Blvd.
Naples, FL 34116
4500178357Client PO #
Site will backwash the systems when there is no one in the pools.;
07/11/2017 - Assisted with valve rebuild;;
07/11/2017 - Assisted with valve rebuild;;
Receipts
Adjustments
Page 4 of 4
Business Case for Commercial Energy Specialist
1. Provide information on why a particular product and/or vendor was chosen. The equipment is
the original equipment set for the facility. To change over would be costly. From the
purchasing the equipment to training staff "how to" operation the new equipment.
2. If the product requested is one-of-a-kind item, provide background information on how this
was determined and backup resources utilized. The original facility construction specified and
supplied this product line.
3. What would the impact be to change to a different product (include: training, inventory parts,
maintenance, project (or staff time) to replace the item? Approximately $27K per filtration
unit (county owns 14 units) depend in on the size of the pool to perform our own calibration
and maintenance would require multiple personnel trained and would require a certified level
involving extensive training to service the instruments. Systems that run 24/7/365 would need
to be taken out of service to install other equipment.
4. If unique features are required to successfully perform the required function, identify those
features and why they are required and cannot be substituted. (Be specific) Commercial
Energy Specialist, Inc. is the sole source for sales, service and warranty administration within
the Florida region.
5. Provide product listing of sole/single sourced items you are purchasing. Replacements and
replacement parts for BECSys7 Chemical Controllers.