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Agenda 01/28/2020 Item #16C 2 (Contract #19-7523 Heapy Engineering, Inc.)01/28/2020 EXECUTIVE SUMMARY Recommendation to approve Agreement No. 19-7523, “Development of Energy Master Plan for Collier County Facilities,” in the amount of $515,470 to Heapy Engineering, Inc., and to authorize the necessary budget amendment. OBJECTIVE: To acquire an Energy Master Plan (“EMP”) for the main campus buildings, including conditions assessment for all HVAC systems, lighting, indoor air quality (“IAQ”), solar, and building envelope, to produce: (1) energy conservation measures (“ECMs”) for each building, (2) an Energy Utilization Index (“EUI”) for each building, and (3) a full Building Analytics & Integrated Dashboard Software for perpetual monitoring and data acquisition. Going forward, the associated EMP will provide a template for all County buildings, new and existing, for proper energy conservation measures and maintenance plans that will promote both immediate and long-term savings to the County. CONSIDERATIONS: On May 1, 2019, the Procurement Services Division released notices for Request for Professional Services (“RPS”) No. 19-7523, “Development of Energy Master Plan for Collier County Facilities,” by sending out 10,840 notifications, with interested firms downloading 97 solicitation packages. Four responsive and responsible firms submitted proposals by the May 31, 2019 deadline. On August 5, 2019, a selection committee reviewed, scored, and ranked the consultants’ proposals based on the criteria described in Step 1 of the solicitation documents, as follows: (1) Wood Environment & Infrastructure Solutions, Inc., (2) TLC Engineering Solutions, Inc., (3) Heapy Engineering, Inc. d/b/a Heapy, and (4) Smith Seckman Reid, Inc. All four consulting firms advanced to Step 2, which involved scoring their technical proposals and oral presentations. On August 22, 2019, the selection committee received the consultants’ oral presentations and scored their technical proposals, which resulted in the final recommended ranking in order of preference: 1. Heapy Engineering, Inc. d/b/a Heapy 2. Wood Environment & Infrastructure Solutions, Inc. 3. TLC Engineering Solutions, Inc. 4. Smith Seckman Reid, Inc. On October 8, 2019, the Board approved the selection committee’s short-listed ranking for RPS #19-7523 (Agenda Item 16.C.2), and directed staff to commence negotiating an agreement with the top-ranked firm, Heapy Engineering, Inc. The scope of work under the proposed attached Agreement is to acquire a fully developed Energy Master Plan for the main campus buildings that specifically include the following deliverables: 1. Conditions Assessment for HVAC, Lighting, IAQ, Solar, and Building Envelope 2. Lifecyle Analysis 3. Building Energy Utilization Index Benchmarking 4. Available Rebates/Grants 5. Energy Analytics and Dashboard 6. Cost and Implementation Strategy of ECMs 7. Prioritization of ECMs 8. Pre-Engineering of ECMs Heapy Engineering, Inc. is an expert in the field of energy master plan development with experience on 16.C.2 Packet Pg. 1500 01/28/2020 numerous projects of similar nature and is responsible for all recommendations, mea ns and methods, and associated payback of implementation necessary to complete all elements under the scope of work required to produce an Energy Master Plan. FISCAL IMPACT: A budget amendment in the amount of $515,470 is required to reallocate funds within the County Wide Capital Projects Fund (301). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT PLAN IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Recommendation to approve Agreement No. 19-7523, “Development of Energy Master Plan for Collier County Facilities,” authorize the Chairman to sign the attached agreements, and authorize the necessary budget amendment. PREPARED BY: John McCormick, PE, Principal Project Manager, Facilities Management Division ATTACHMENT(S) 1. 19-7523 HeapyEngineering,Inc_Insurance_1-8-20 (PDF) 2. 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (PDF) 3. [Linked] 19-7523_Proposal (PDF) 16.C.2 Packet Pg. 1501 01/28/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doc ID: 11131 Item Summary: Recommendation to approve Agreement No. 19-7523, “Development of Energy Master Plan for Collier County Facilities”, in the amount of $515,470 to Heapy Engineering, Inc., and to authorize the necessary budget amendment. Meeting Date: 01/28/2020 Prepared by: Title: – Facilities Management Name: Kathleen Sibert 01/08/2020 2:43 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 01/08/2020 2:43 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 01/09/2020 4:49 PM Procurement Services Priscilla Doria Additional Reviewer Completed 01/10/2020 10:07 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 01/13/2020 8:17 AM Procurement Services Sandra Herrera Additional Reviewer Completed 01/13/2020 9:47 AM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 01/14/2020 11:51 AM Public Utilities Operations Support Tara Castillo Additional Reviewer Completed 01/14/2020 3:38 PM Procurement Services Geoff Thomas Additional Reviewer Completed 01/14/2020 4:28 PM Procurement Services Evelyn Colon Additional Reviewer Completed 01/14/2020 4:39 PM Facilities Management Damon Grant Director - Facilities Completed 01/14/2020 5:19 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 01/15/2020 11:19 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 01/15/2020 11:47 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/17/2020 10:43 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/17/2020 10:55 AM Grants Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/17/2020 2:01 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 01/17/2020 5:33 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/21/2020 12:14 PM 16.C.2 Packet Pg. 1502 01/28/2020 Board of County Commissioners MaryJo Brock Meeting Pending 01/28/2020 9:00 AM 16.C.2 Packet Pg. 1503 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/8/2020 Marsh &McLennan Agency LLC 409 E Monument Ave,Ste 400 Dayton OH 45402 937.228.4135 937.228.9108 Cincinnati Indemnity Company 23280 HEAPYENGIN Cincinnati Insurance Company 10677HeapyEngineering,Inc. Heapy Engineering Indiana,LLC Heapy Consultants,Heapy Assoc.,LLC 1400 West Dorothy Lane Kettering OH 45409 232238068 B X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X X EPP0365683 11/20/2019 4/30/2020 2,000,000 OH Stop Gap Defense 1,000,000 B 500,000 X X Comp:1,000 X Coll:1,000 EPP0365683 11/20/2019 4/30/2020 Hired Car PD 35,000 B X X 8,000,000EPP036568311/20/2019 4/30/2020 8,000,000 X 0 A EWC0412547 1/1/2020 4/30/2020 IN &KY &NC 1,000,000 1,000,000 1,000,000 Named Insured includes Sustainability and Conference Group,LLC RE:Contract #19-7523 Cyber Liability -Policy #82496029 -Chubb Group of Insurance Companies,01/28/19-01/28/20 -$1M per occurence Collier County Board of County Commissioners is included as Additional Insured with respects to the above General Liability and Automobile Liability,when required by written contract.This insurance is primary/noncontributory on the General Liability and Automobile Liability policy for the Additional Insured when such liability accrues from an act or omission of the named insured on the policy. Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples FL 34112 16.C.2.b Packet Pg. 1504 Attachment: 19-7523 HeapyEngineering,Inc_Insurance_1-8-20 (11131 : Recommendation to approve 19-7523 “Development of Energy Master SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/8/2020 The James B.Oswald Company 1100 Superior Avenue,Suite 1500 Cleveland OH 44114 Noelle Boyd 216-367-4954 216-839-2815 nmboyd@oswaldcompanies.com XL Specialty Insurance Co.37885 HEAPY-1 Heapy Engineering,Inc. 1400 West Dorothy Lane Dayton OH 45409-1310 299536395 A Professional Liability Claims Made Retro Date:01/01/1945 N Y DPR9950710 11/1/2019 11/1/2020 Each Claim Aggregate Pollution &Envir. $5,000,000 $5,000,000 Liab.Included Waiver of Subrogation as designated above is provided when required of the Named Insured by written contract or agreement. Contract #19-7523 30 Day NOC/10 Day NOC Non-Payment Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 16.C.2.b Packet Pg. 1505 Attachment: 19-7523 HeapyEngineering,Inc_Insurance_1-8-20 (11131 : Recommendation to approve 19-7523 “Development of Energy Master 16.C.2.cPacket Pg. 1506Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1507Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1508Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1509Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1510Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1511Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1512Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1513Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1514Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1515Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1516Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1517Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1518Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1519Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1520Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1521Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1522Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1523Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1524Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1525Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1526Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1527Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1528Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1529Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1530Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1531Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1532Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1533Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1534Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1535Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1536Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1537Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy 16.C.2.cPacket Pg. 1538Attachment: 19-7523 HeapyEngineering,Inc_Contract_VendorSigned (11131 : Recommendation to approve 19-7523 “Development of Energy Building a More Resilient and Sustainable Society COLLIER COUNTYENERGY MASTER PLAN SOLICITATION 19-7523 Cleveland • Columbus • Dayton • Findlay • Indianapolis • Raleigh 1400 W Dorothy Lane Dayton, OH 45409 (937) 224-0861 www.heapy.com An ISO 9001-2015 Certified Company FS 98575 © Heapy All Rights Reserved Cover Letter.docx 5/31/2019 11:01 AM May 30, 2019 Collier County Attn: Geoff Thomas, Procurement Strategist Procurement Services 3295 Tamiami Trail East Building 2-C Naples, Florida 34112 RE: 19 -7523 Development of Energy Master Plan for Collier County Facilities Dear Mr. Thomas, HEAPY is pleased to submit our qualifications for the development of Collier County’s Energy Master Plan. We bring the depth and experience of our 200+ employee firm, partnered with Juice Technologies Inc. (dba Plug Smart) who has the reputation that you've grown to trust. Our Corporate Vision of “Building a More Resilient and Sustainable Society” concurs with Collier County's goal to have more efficient buildings. HEAPY will provide the engineering and energy consulting services together with Plug Smart who will focus on technical field assessment services. Collectively we will develop and deliver a comprehensive Energy Master Plan that you can use to decrease costs and maximize efficiency for years to come across the county. Plug Smart’s local office is located at 1040 Collier Way Ste 12, Naples, FL 34110. They have been actively engaged with Collier County regarding potential building automation solutions since 2015. Over the past two months, Plug Smart has been awarded contracts by the County related to on-call controls repair and HVAC unit installations. It is Plug Smart’s mission to provide Collier County, as well as all our clients, with solutions that are “Better, Faster, and Cheaper” than the competition. In addition, Plug Smart developed a comprehensive Energy Master Plan for Naples Community Hospital, encompassing all of their primary facilities, and has been also implementing the energy conservation measures identified in the EMP on a continuous basis for the past four years. Our team has a proven depth of experience and can assist Collier County in developing a scope that will achieve the County’s goals; specifically: • Acting as a true partner to the County to provide iterative guidance and facilitated discussions to best ensure alignment of scope and priorities • Obtaining the most up-to-date and accurate facility information that will improve the efficiency and functionality of the County’s facilities • Providing a multi-year, detailed roadmap to align economic development, environmental sustainability, and energy conservation of the County’s buildings • Ensuring full system integration and data migration occurs; working to avoid reports “sitting on shelves” Page 2 Cover Letter.docx 5/31/2019 11:01:00 AM • Providing ongoing training and support for key Collier County team members in true partnership fashion over the duration of the assessment process Our combined experience in performing Facility Assessments and assisting clients in developing system wide planning solutions for buildings and related supporting infrastructure will certainly provide the scope of services needed for the Collier County Master Plan Assessment project. HEAPY assists Owners with understanding and maintaining the physical condition and value of their real estate portfolio, assisting with developing capital budgets, and prioritizing resources. We can identify, quantify and prioritize existing system performance deficiencies and predict future system repairs and replacements to achieve energy savings. Our survey assessments include: • Documentation of Equipment Manufacturers, Age and Location • Identify Code Deficiencies • On-site Visual Inspection • Opinions of Probable Cost for Replacement or Remediation • Thermal Imaging • UAS Drone Visualization Having provided over 500 assessments, HEAPY can provide comprehensive services focused on mitigating any issues found through our assessment. Services range from initial assessment to solution engineering, project management and construction administration. The benefits of these assessments are Informed Infrastructure Decision Making, Maximize Value of Investments, Mitigate Risk, Resource Management and Updated Facility Capacities. Assessment documents includes: • BIM (Building Information Modeling) Cobie Facilities Management Data • CFD Modeling • Life Cycle Cost Analysis • Metering / Utility Data • Narrative of existing conditions • Utilization of Asset Management: CxAlloy As Collier County facilities and structures grow and change, so too do the energy demands your buildings put on your heating, cooling and electrical systems. A master plan will serve as a road map to keep your campus systems capable of serving your campus and buildings’ energy and infrastructure needs reliably and efficiently. Sincerely, HEAPY Alec R. Carnes, PE, CEM, LEED AP BD+C Senior Principal TABLEOF CONTENTS Tab 1 Firm Overview Tab 2 Ability of Professional Personnel Tab 3 Certified Minority Business Tab 4 Past Performance Tab 5 Project Approach, Willingness to Meet Time & Budget Tab 6 Location Tab 7 Recent, Current and Projected Workload Tab 8 Requested Forms Firm Overview ABOUTHEAPY HEAPY, a corporation, was founded in 1945. The firm, with over 200 employees, is headquartered in Dayton, Ohio with offices in Columbus, Cleveland and Findlay Ohio, Indianapolis, Indiana and Raleigh, North Carolina. To this day, innovation and creativity are at the forefront of our project goals as we work with our clients to enhance the outcome of each of their projects. HEAPY plans, designs and commissions over $1 Billion annually in total construction cost. TOTAL STAFF The firm has enjoyed a healthy and steady growth over the past 70 years. Thirty percent of our Designers have over 20 years of technical experience with HEAPY alone. This tenure provides the firm with stability and continuity. The Design Staff, as a whole, averages over 20 years of technical experience. This experience provides a tremendous technical resource base to serve our clients. HEAPY is registered to perform Engineering services in 46 states, including Washington D.C. Building a More Resilient and Sustainable Society PRACTICES & SERVICES •Building Optimization •Government •Healthcare •Higher Education •Institutional & Cultural •Mission Critical •MEP & Technology Design •Fire Protection •Planning •Commissioning •Sustainability & Energy •UAS Program Disciplines No. of Staff Mechanical 49 Electrical 35 Plumbing/Fire Protection 17 Technology 6 Commissioning/CA 28 Sustainability & Energy 17 BIM/CAD 34 Administration 24 TOTAL 210 Heapy is an ISO Certified Company (FS-98575) 1400 W Dorothy Lane, Dayton, OH 45409 P | 937-224-0861 F | 937-224-5777 Welltower, Inc. HeadquartersLEED Prgm Mgmt - 150,000 SFCLIENTSAmerican Electric PowerAnƟ och CollegeAullwood Audubon Farm CenterBerger HospitalBowling Green State UniversityButler Township, OHButler UniversityCapital UniversityCardinal HealthCentre CollegeChapel ElectricCincinnaƟ Art MuseumCincinnaƟ Financial CorporaƟ onCity of Columbus, OHCity of Dayton, OHCity of Evendale, OHCity of KeƩ ering, OHCleveland State UniversityDenison UniversityDePauw UniversityDillard UniversityEvendale Social SecurityFive Rivers MetroParksFranklin County, OHGeneral ElectricGrange InsuranceGreene County, OHHome DepotHospice of Northwest OhioIndiana UniversityKenyon CollegeKeƩ ering Health NetworkLexisNexis®Miami UniversityMid-Ohio FoodbankMount Carmel Health SystemsNCRNorthern Kentucky UniversityOhio Wesleyan UniversityPremier Health PartnersPurdue UniversityThe Ohio State UniversityRose Hulman InsƟ tute of TechnologySouthwest City SchoolsState of OhioUniversity of CincinnaƟ University of DaytonUniversity of Notre DameUniversity of ToledoUS Army Corps of EngineersWelltower, Inc.White CastleWright PaƩ erson Air Force BaseWright State UniversityZane State CollegeWith over 100 LEED Accredited Professionals on staff , HEAPY has worked on over 400 LEED Reŕistered projects, and is 1 of approximately 60 ﬁ rms naƟ onally selected by Green Buildinŕ CerƟ ﬁ caƟ on Inc. (GBCI) as a LEED® Proven Provider™ in the BD+C and ID+C raƟ nŕ systems.LexisNexis®Energy Asmt - 137,000 SF Miami Valley South HospitalEnergy Asmt - 200,000 SFBUILDINGOPTIMIZATION• Buildinŕ Assessments• Retro-Commissioninŕ• Onŕoinŕ Commissioninŕ• LEED EB O&M ImplementaƟ on and ConsulƟ nŕ• Buildinŕ Enerŕy Manaŕement and AnalyƟ csThe Ohio State University - Sustainability & Energy Master Planning - 24 Million SF - 450 Buildings - 100K People Dailyphoto of Thompson LibraryHIGH PERFORMANCE SOLUTIONSPROVIDINGVALUEHEAPY is a NaƟ onally recoŕnized leader in sustain-ability, providinŕ services that support and create hiŕh performance buildinŕs that:• OpƟ mize Enerŕy Effi ciency• Minimize OperaƟ onal Costs• Maximize Environmental Sustainability• Provide Comfortable & ProducƟ ve Indoor EnvironmentsFeatured on Cover: GE AviaƟ on EPISCenter - LEED Gold - MEP Design Services, LEED Program Management & Commissioning Services provided by HEAPY - 115,000 SF - $55 M400+ LEED PROJECTSHeapy Engineering is a Proud Member of:• LEED• Livinŕ Buildinŕ Challenŕe• Green Globes• 2030 Challenŕe• Climate AcƟ on Plans• Sustainability Master Planninŕ• Project Financinŕ / PACE• Sustainability / LEED Seminars• AlternaƟ ve & Renewable Enerŕy• ComputaƟ onal Fluid Dynamics Modelinŕ• Enerŕy Assessments & Master Planninŕ• Enerŕy Modelinŕ & Retroﬁ t Desiŕn• Life Cycle Cost Analysis• Dayliŕht Modelinŕ• UƟ lity OpƟ mizaƟ on• Eco-CharreƩ e FacilitaƟ onENERGY / SUSTAINABILITY SERVICES“Ryan and his team laid the groundwork for the project and everyone understood what they had to do.”Will KorteUS Commercial Real Estate, LLC“Our project was originally tracking for Silver cerƟ ﬁ caƟ on, but ulƟ mately achieved Gold due to Ryan’s knowledge of the LEED raƟ ng system.”Terry WelkerCity of KeƩ erinŕ“Heapy was focused on making educated decisions for our project. Their technical competence is off the charts.” Dave PhillipsMid-Ohio Foodbank Welltower, Inc. Headquarters LEED Prgm Mgmt - 150,000 SF CLIENTS American Electric Power Antioch College Aullwood Audubon Farm Center Berger Hospital Bowling Green State University Butler Township, OH Butler University Capital University Cardinal Health Centre College Chapel Electric Cincinnati Art Museum Cincinnati Financial Corporation City of Columbus, OH City of Dayton, OH City of Evendale, OH City of Kettering, OH Cleveland State University Denison University DePauw University Dillard University Evendale Social Security Five Rivers MetroParks Franklin County, OH General Electric Grange Insurance Greene County, OH Home Depot Hospice of Northwest Ohio Indiana University Kenyon College Kettering Health Network LexisNexis® Miami University Mid-Ohio Foodbank Mount Carmel Health Systems NCR Northern Kentucky University Ohio Wesleyan University Premier Health Partners Purdue University The Ohio State University Rose Hulman Institute of Technology Southwest City Schools State of Ohio University of Cincinnati University of Dayton University of Notre Dame University of Toledo US Army Corps of Engineers Welltower, Inc. White Castle Wright Patterson Air Force Base Wright State University Zane State College With over 100 LEED Accredited Professionals on staff, HEAPY has worked on over 400 LEED Registered projects, and is 1 of approximately 60 firms nationally selected by Green Building Certification Inc. (GBCI) as a LEED® Proven Provider™ in the BD+C and ID+C rating systems. LexisNexis® Energy Asmt - 137,000 SF Miami Valley South Hospital Energy Asmt - 200,000 SF BUILDING OPTIMIZATION • Building Assessments • Retro-Commissioning • Ongoing Commissioning • LEED EB O&M Implementation and Consulting • Building Energy Management and Analytics The Ohio State University - Sustainability & Energy Master Planning - 24 Million SF - 450 Buildings - 100K People Daily photo of Thompson Library HIGH PERFORMANCE SOLUTIONS PROVIDINGVALUE HEAPY is a Nationally recognized leader in sustain- ability, providing services that support and create high performance buildings that: • Optimize Energy Efficiency • Minimize Operational Costs • Maximize Environmental Sustainability • Provide Comfortable & Productive Indoor Environments Featured on Cover: GE Aviation EPISCenter - LEED Gold - MEP Design Services, LEED Program Management & Commissioning Services provided by HEAPY - 115,000 SF - $55 M 400+ LEED PROJECTS Heapy Engineering is a Proud Member of: • LEED • Living Building Challenge • Green Globes • 2030 Challenge • Climate Action Plans • Sustainability Master Planning • Project Financing / PACE • Sustainability / LEED Seminars • Alternative & Renewable Energy • Computational Fluid Dynamics Modeling • Energy Assessments & Master Planning • Energy Modeling & Retrofit Design • Life Cycle Cost Analysis • Daylight Modeling • Utility Optimization • Eco-Charrette Facilitation ENERGY / SUSTAINABILITY SERVICES “Ryan and his team laid the groundwork for the project and everyone understood what they had to do.” Will Korte US Commercial Real Estate, LLC “Our project was originally tracking for Silver certification, but ultimately achieved Gold due to Ryan’s knowledge of the LEED rating system.” Terry Welker City of Kettering “We have implemented nearly all of the retro- commissioning measures resulting in a savings equal to 10% of our annual usage.” Rod Johnson Cedarville University About Us Established in 2008, Plug Smart is a professional design-build infrastructure improvement and controls automation general contractor headquartered in Columbus, Ohio. We have worked with hundreds of business clients in both the private and public sectors. Plug Smart is comprised of more than 50 full and part-time employees including professional engineers, LEED certified professionals, and certified energy managers among many other professional distinctions. Solutions and Services Energy Master Planning and Energy Projects, Building Automation, Consulting Services, MEP Design Services, Commissioning Services, Security and Access Control Market Segments Government, K-12 Schools, Commercial, Industrial, Higher Education, Hospitals, and Multi Family Office Locations Ohio Columbus (Headquarters) Cincinnati Cleveland Dayton Naples, Florida Louisville, Kentucky Nashville, Tennessee www.plugsmart.com 4 Key Accomplishments Plug Smart engineers are recognized as industry; notable accomplishments and relevant presentations include the following: Honored and selected on the Inc. 500 fastest-growing company list comprised of businesses that have demonstrated innovation and growth across the entrepreneurial landscape of the United States. Plug Smart was most recently #339 on the US list and #7 in Ohio and the only energy company represented for the third consecutive year. United States Department of Energy Certified Energy Services Company (ESCO) with successful energy projects completed or underway at Dayton VAMC (LED Lighting), Cleveland VAMC (Smart Building System) and Chillicothe VAMC (Controls Integration). Plug Smart has been honored to be awarded a highly competitive GSA Contract. As part of this process, Plug Smart had to gain approval through the Federal Open Rating system. Plug Smart passed this review process after intensive interviews of past customer by federal representatives. Plug Smart has been awarded two contracts with META Solutions purchasing consortium to provide pre-negotiated services for members across Ohio. This required a multistage review process in which META reviewed every aspect of Plug Smart’s business and past performance. Plug Smart has been competitively granted two nationwide consortium purchasing agreements (Energy Savings Performance Contracting and HVAC (JOC)) through the Texas Interlocal Purchasing System (TIPS). This award involved a rigorous review of past performance, company health, and competitiveness. Recognized by American Electric Power as its Top Solution provider from a pool of 214 engineering firms, architects, suppliers, distributors and other ESCO's trained on AEP Ohio's energy efficiency programs for business customers. Honored and selected as a semi-finalist in the Green Category for the TechColumbus Innovation Awards for continued excellence in the design and implementation of green technology and services. Recognized by Columbus Ohio Mayor in annual City Address for Plug Smart's contributions in the green energy field and for job creation in the New Economy A partial list of Plug Smart professional organization relationships includes: (i) Association of Energy Engineers; (ii) Energy Services Coalition; (iii) Department of Energy Certified Energy Services Company; (iv) Ohio Advanced Energy Coalition; (v) META Solutions; (vi) Buckeye Association of School Administrators; (vii) Ohio Association of School Business Officials; (viii) Ohio School Board Association; and (ix) Ohio Hospital Association Ability of Professional Personnel Ryan has been with HEAPY since 2007, working on the HEAPY Sustainability & Energy Services Team. Ryan has extensive experience in delivering energy efficient sustainable solutions for his clients. As Manager of HEAPY LEED & Energy Services Group, he has full responsibility for the technical aspects as well as the planning, scheduling and delivery of our Sustainability and Energy Services projects. His broad range of sustainability experience provides a strong foundation in an array of project types. Ryan’s direct oversight of Energy Conservation and LEED Services projects includes: LEED Program Management, Energy Modeling, Energy Master Planning, Energy Auditing, Utility Analysis, Renewable Energy System Assessments and Retro-fit / Implementation projects involving of all the above. Ryan is also versed in the ASHRAE Standard 90.1 Appendix G Energy Modeling process, ENERGY STAR, and other energy legislation. Ryan is a frequent lecturer on LEED and Green Building concepts and has educated over 500 people in the area of LEED and Sustainability through HEAPY LEED Training Seminars. EDUCATION University of Dayton, Bachelor of Mechanical Engineering 2006 REGISTRATIONS Professional Engineer, Mechanical USGBC LEED Accredited Professional, Building Design & Construction USGBC LEED Accredited Professional, Operations & Maintenance Association of Energy Engineers – Certified Energy Manager (CEM) ASHRAE – Building Energy Assessment Professional (BEAP) AFFILIATIONS ASHRAE - American Society of Heating, Refrigeration & Air Conditioning Engineers WCOAEE -West Central Ohio Association of Energy Engineers IFMA - International Facility Management Association, Dayton Chapter AWARDS Dayton Business Journal 40 Under 40, 2013 Consulting-Specifying Engineer Magazine 40 Under 40, 2013 PUBLICATIONS Environmental Design + Construction Lessons Learned, Higher Education Projects RYAN HOFFMAN PE, CEM, LEED AP BD+C, O+M Principal in Charge PROJECT EXPERIENCE Collier’s Polaris Office Energy Assessment Dayton Children’s Hospital Energy Master Plan Greater Columbus Convention Center Energy Assessment Greene Memorial Hospital Building Energy Assessment Huntington Business Services Center Energy Assessment Kettering Health Network Multiple Campus Energy Assessments Lancaster Chamber of Commerce Energy Assessment Mercy Medical Center St Vincent Energy Assessment Miami Valley South Hospital Energy Assessment Mount Carmel Health Energy Master Plan Ohio Wesleyan University Facilities & Energy Master Plan Sinclair Community College Energy Master Plan University of Cincinnati Energy Master Plan Wayne Hospital Energy Assessment James is responsible for LEED Project Administration, Energy Assessments, Energy Analysis, Sustainable Design and Energy Modeling as part of his role in the HEAPY Building Optimization Practice. His LEED Project Administration responsibilities include managing the LEED certification process for building owners and project teams. He has been involved with Sustainable Design / Energy Consulting on multiple projects including Educational Facilities, Office Buildings, Government Facilities, and Laboratories. James is a Mechanical Engineer, and is currently pursuing an MBA. EDUCATION The Ohio State University, Mechanical Engineering, 2012 REGISTRATIONS USGBC LEED Accredited Professional, Building Design & Construction, 2016 USGBC LEED Accredited Professional, Operations & Maintenance, 2015 AEE Certified Energy Manager, 2015 JAMES GALLICK CEM, LEED AP BD+C, O+M Providing Innovative and Energy Efficient Engineering Solutions for over 70 Years PROJECT EXPERIENCE Cedarville University Energy Assessment Central State University Student Center Energy Assessment Collier’s Polaris Office Energy Assessment Diley Ridge Medical Center Energy Assessment Greene Memorial Hospital Building Energy Assessment Huntington Eastern Energy Assessment & Retro-Commissioning Kettering Health Network Southview Energy Assessment Lakeland Community College Holden University Center Energy Assessment Licking Heights Local Schools Level II Energy Assessments Mount Carmel St Ann’s Energy Assessment Montgomery County Stillwater Health Facility Energy Assessment Ohio Wesleyan University Facilities & Energy Master Plan Southwest General Hospital Energy Assessment The Ohio State University Residence Hall Energy Assessment Project Manager Jessica is responsible for LEED Project Administration, Energy Analysis, Sustainable Design and Energy Modeling as part of her Energy Engineer role with HEAPY. Jessie’s LEED Project Administration responsibilities include assisting with project team coordination, LEED documentation, etc. Her Energy Analysis experience includes ASHRAE Standard 90.1 Appendix G Energy Modeling, ENERGY STAR Portfolio Manager, and Energy Auditing. She has been involved with Sustainable Design/Energy Consulting on multiple projects including Educational Facilities, Office Buildings, Government Facilities, Manufacturing Facilities, Laboratories, and Hospitals and specializes in historically conscious energy upgrades for older buildings. Jessica has experience in using and implementing modeling programs such as BIM /Revit, Trane Trace, Metrix, and RETScreen for preliminary analysis of building and energy projects, and Comsol for finite element analysis. EDUCATION Bachelor of Science, University of Dayton, Mechanical Engineering Master of Science, University of Dayton, Renewable & Clean Energy REGISTRATIONS Professional Engineer, Mechanical USGBC LEED Accredited Professional, Building Design & Construction JESSICA NORTHRIDGE PE, LEED AP BD+C Energy Engineer PROJECT EXPERIENCE Butler Township Fire Station 88 Energy Assessment Cedarville University Energy Assessment Central State University McLin & Jenkins Hall Energy Assessment Collier’s Polaris Office Energy Assessment Dayton Children’s Hospital Energy Master Plan Fort Hamilton Hospital Energy Assessment Greater Columbus Convention Center Energy Assessment Greene Memorial Hospital Building Energy Assessment Kettering Health Network Multiple Campus Energy Assessments LexisNexis Energy Assessment Marathon Petroleum Corporation Energy Assessment Mercy Medical Center St Vincent Energy Assessment Ohio Wesleyan University Facilities & Energy Master Plan University of Dayton Campus-wide Energy Assessments COLLIER COUNTY Plug Smart Proprietary and Confidential: Do Not Distribute Qualification Data | Page 29 Resumes Mr. Richard Housh Chairman, Founder & Chief Executive Officer BS Education, Miami University HVAC Technology, University of Cincinnati Certified Energy Manager Experience: 35 years Mr. Housh is Plug Smart’s Chairman of the Board, CEO and co-founder. Mr. Housh has successfully started, managed and sold numerous businesses over the past 35 years. These businesses were engaged in energy services, environmental management, security software, and monitoring and control technology and services. In developing these enterprises, Mr. Housh utilized a potent combination of entrepreneurism, traditional management discipline and high impact national alliances and sales programs to achieve extraordinary results. In 2001, Mr. Housh sold Control Solutions, a company he founded and grew into a national $75 million in revenues business, to TAC/Schneider Electric, an $18 billion French company. Prior to selling Control Solutions to TAC/Schneider, in 1998 Mr. Housh sold fifty percent of the same business to DQE, Inc., an NYSE-listed energy utility. Between 1998 and 2001, Mr. Housh led, through the vehicle of Control Solutions, important elements of DQE’s national expansion in energy management and services. In 2001, Mr. Housh and his management team repurchased the fifty percent interest owned by DQE, thereafter further expanding and strengthening the business, culminating in the sale of Control Solutions to TAC/Schneider in 2001. A partial list of recent energy services clients include The Ohio State University, Hiram College, University of Cincinnati, University of Toledo, General Electric, Genoa Clay School District, Geneva Area City Schools, Howland Local Schools, Indian Valley Local Schools, Highland Local Schools, Nationwide Realty, North Olmsted City Schools, Carrollton Exempt Village School District, City of Toledo, Cincinnati Public Schools, Columbus Zoo, Great Oaks Career Center, Morton Salt, Crown Battery, and University Hospital. Mr. Housh’s energy services expertise includes, but is not limited to lighting systems/controls, building automation systems, geothermal systems, air/water cooled heat pumps, cogeneration systems, boiler systems, chilled water systems, energy auditing, energy policy, tax projects, project financing, renewable energy, air quality and ventilation, heat recovery concepts, and retro-commissioning. Mr. Housh is a Certified Energy Manager and serves on numerous business and non-profit boards, including the Conservancy of Southwest Florida, the Southwest Florida Land Preservation Trust and the Rails to Trails Conservancy. After attending the United States Naval Academy, Mr. Housh completed his B.S. in Education from the Miami University in Oxford, OH. COLLIER COUNTY Plug Smart Proprietary and Confidential: Do Not Distribute Qualification Data | Page 36 Mr. Jarret Kelley Senior Energy Engineer BS Mechanical Engineering, University of Dayton MS Renewable Energy, University of Dayton Certified Energy Manager Experience: 8 years Mr. Kelley is Plug Smart’s lead Mechanical and Energy Engineer. As a graduate of the Renewable and Clean Energy Master’s program at the University of Dayton, Mr. Kelley has a broad background in renewable technologies and clean, efficient, and cost-effective energy solutions. His knowledge in energy-efficient buildings and manufacturing has proven valuable in helping companies reduce their energy consumption and their bottom line. At the University of Dayton, Mr. Kelley was a graduate assistant for the Department of Energy. In this position, he helped develop a software design tool for use in heating and cooling dominated buildings. He also helped to identify appropriate and field-validated mathematical simulation models for energy components. Mr. Kelley is also proficient in the following software programs; AutoCAD, Inventor, Fortran, MatLab, ProEngineer, EES, RETScreen, eQuest, eSim, TRNSYS, and TRNSED. Mr. Kelley has conducted extensive research in the geothermal energy field, especially with respect to hybrid solar-geothermal systems. He has experience in detailed simulation and optimization of these systems in both heating and cooling dominated climates. With this knowledge, he has developed a design tool for optimizing hybrid and non-hybrid geothermal systems through funding from the Department of Energy. Mr. Kelley also has experience as a consultant in geothermal design as well as optimizing geothermal systems currently in place. A partial list of recent energy services clients includes Bloomfield-Mespo Local Schools, University of Cincinnati, University of Toledo, Great Oaks Career Campus, Health Care REIT, General Electric, Village of Granville, North Olmsted City Schools, Carrollton Exempt Village School District, City of Toledo, Columbus Metropolitan Library, Columbus Zoo, Great Oaks Career Center, Ricart Automotive, Morton Salt, Crown Battery, and University Hospital. Mr. Kelley’s energy services expertise includes geothermal systems, renewable energy, lighting systems/controls, building automation systems, air/water cooled heat pumps, cogeneration systems, boiler systems, chilled water systems, energy auditing, energy policy, HVAC, rebate administration, air quality and ventilation, heat recovery concepts, and retro-commissioning. Mr. Kelley holds his B.S. in Mechanical Engineering and an M.S. in Renewable and Clean Energy from The University of Dayton. COLLIER COUNTY Plug Smart Proprietary and Confidential: Do Not Distribute Qualification Data | Page 40 Mr. Axel Korn Senior Project Manager Degree in Computer Science & CIS Experience: 28 years Mr. Korn is Plug Smart’s Senior Project Manager and the Plug Smart Florida Business Unit leader. He has founded, owned and operated Technology Infrastructure businesses in California & Florida for 26 years with extensive hands on experience in operations, project management incl. business development, budgeting, estimating & marketing. Mr. Korn was responsible for the overall leadership, growth and direction of the businesses in their fields. Amongst many industry certifications, Mr. Korn is Florida State Licensed Certified Specialty Electrical Contractor and also holds a C7 Low Voltage Contractors License in California. On the technical side, Mr. Korn has extensive hands on experience in designing & implementing IT Infrastructure (Hardware & Software) & Technology Solutions for commercial organizations. Solutions include comprehensive Data Center design & construction, Structured Cabling for Copper & Fiber, Integrated Automated & Control Solutions that include Security, Access Control, Lighting, Audio / Video, CCTV, etc. A partial list of clients includes the following; Quantum Design, Inc., Rockwell Intl’, Jet Propulsion Labs, Control Data Corp., Sierra Wireless, Caterpillar, Rady’s Children Hospital, San Diego Union Tribune, DR Systems, Edwards Airforce Base, Miramar NAS, Naval Amphibious Base, Coronado, Marine Corp Camp Pendleton, University of California San Diego, Salk Institute, Science Application Intl’ Corp., Cubic Corp., General Atomics, Invitrogen, Qualigen, Akamai, La Jolla Pharmaceuticals, Molecular Bio Systems, Century 21st Oncology, Naples Community Hospital. COLLIER COUNTY Plug Smart Proprietary and Confidential: Do Not Distribute Qualification Data | Page 48 Mr. Cody Callanan Controls Engineer Multiple Industry Certifications Experience: 9 Years Mr. Callanan is Plug Smart’s Controls Engineer and Project Engineer of Plug Smart Florida Business Unit. He has over 9 years experience in the building automation, systems integration and marketing/business development. Mr. Callanan has been involved in every step of building technology infrastructure and building automation. He is experienced in design and implementation of IT infrastructure and technology solutions for commercial environments. IT Infrastructure includes data center construction, structured cabling (copper and fiber), and building automation (Security, Access Control, Lighting, HVAC, CCTV Video, and Digital Signage) A partial list of clients includes the following; Quantum Design, Sierra Wireless, Historic Kinsella Library, Naples Church of Christ Century 21st Oncology, Naples Community Library, Nanpor Security Academy, Shoot Straight Gun Range, and Oklahoma Christian University. Certified Minority Business Enterprise MINORITY BUSINESSENTERPRISE Heapy does not qualify as a minority business enterprise (MBE), women business enterprise (WBE), or veteran owned business (VBE). We acknowledge the importance of small and diverse businesses as the foundation of a strong community. The use of these firms is vital to the continued growth of our community and we know that the viability of our partners rely on the strength of major contractors, consultants and suppliers. Heapy is a part of the Small Business Administration’s Mentor-Protégé program. Through this structured program, with our Protégé FFE Engineering & Technical Services, Heapy provides valuable business development assistance in several areas, including: • Guidance on internal business management systems, accounting, marketing and strategic planning • Financial assistance in the form of equity investments, loans, and bonding • Assistance navigating federal contract bidding, acquisition, and performance process • Education about strategic planning and finding markets • Business development, including strategy and identifying contracting and partnership opportunities • General and administrative assistance, like human resource sharing or security clearance support We understand Collier County reserves the right to approve the consultants we select. The consultants we select are chosen because of our continued project success working with them, their ability to work within the project structure and the quality of work they will bring to your project. We recognize that small and diverse businesses may encounter limited abilities and resources which may result in modifications having to be made to our plan. We will be readily able to change the plan to stay on track with the participation goals of the project. We have worked with many respected MBE firms in the past on very successful projects. Here are a list of minority firms we have partnered with on past projects and continue to work with on future projects: • Advanced Engineering Consultants • Annette Miller Architects • Apogee Consulting Group • Crawford & Associates Services LLC • Cripe Architects & Engineers • Design-Aire Engineering • DNK Architects • Dynamix Engineering • Enertronics • FFE Engineering and Technical Services • Guidon Design • Hardlines Design Company • Harris Architects • Lawhon & Associates • Moody-Nolan Inc • RDC/John Poe Architects • Resource International Inc. • SFA Architects • Tec Inc. Engineering & Design Past Performance ENERGYASSESSMENT HEAPY SERVICES Energy Consulting Services KETTERING MEDICAL CENTER Cost Reduction: $481,200 Electricity Energy Reduction: 4,900,000 kWh Natural Gas Reduction: 346,000 therms Percent Energy Reduction: 18% Percent Cost Reduction: 15% SOUTHVIEW MEDICAL CENTER Cost Reduction: $93,300 Electricity Energy Reduction: 549,700 kWh Natural Gas Reduction: 48,600 therms Percent Energy Reduction: 17% Percent Cost Reduction: 10% SYCAMORE MEDICAL CENTER Cost Reduction: $189,000 Electricity Energy Reduction: 2,514,670 kWh Natural Gas Reduction: 10,900 therms Percent Energy Reduction: 11% Percent Cost Reduction: 17% Kettering Health Network Heapy was engaged to perform an Energy Audit to assess the energy performance of several hospitals in the Kettering Health Network. These hospitals include Kettering Medical Center, Southview Medical Center, Sycamore Medical Center, Soin Medical Center and Greene Memorial Hospital. Heapy provided recommendations for improving each facilities overall energy efficiency. The facility walk-through and utility analysis uncovered multiple areas where energy could be conserved. The Kettering Medical Center Campus is made up of four main buildings totaling approximately 1,250,000 SF. Southview Medical Center was originally built as a satellite location of Grandview Hospital and encompasses a total floor area of 206,779 SF over a single story. The Sycamore Medical Center Campus is made up of four main building areas totaling approximately 390,000 SF. As a first step in the energy assessment process, Heapy benchmarked the facilities against national energy datasets for Healthcare, other buildings within the network, and design targets for high performing healthcare buildings. Possible building improvements were tabulated and investigated, then sorted and summarized for Kettering Health Network. There are two categories of building improvements. Low-cost or no-cost improvements are classified as energy conservation measures (ECMs) and then there are capital improvements, which represent a more significant financial investment than ECMs. Heapy provided Kettering Health Network with an implementation strategy with recommendations for the implementation timeline for the specified projects including Estimated Cost Savings ($/year), Estimated Investment Cost ($) and Estimated Payback (years). Reference Questionnaire Solicitation: Development of Energy Master Plan for Collier County Facilities Reference Questionnaire for: HEAPY (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Jeff Nowak (Evaluator completing reference questionnaire) Company: Lucas County, OH (Evaluator’s Company completing reference) Email: jnowak@co.lucas.oh.us FAX: Telephone: 419-213-8810 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: Facility Assessment & RetroCx Completion Date: 1/2019 Project Budget: $346,500 Project Number of Days: 150 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 8 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 8 5 Professionalism and ability to manage personnel. 8 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 8 7 Ability to verbally communicate and document information clearly and succinctly. 9 8 Abiltity to manage risks and unexpected project circumstances. 9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 8 10 Overall comfort level with hiring the company in the future (customer satisfaction). 8 TOTAL SCORE OF ALL ITEMS FACILITYASSESSMENT HEAPY SERVICES Building Condition Assessment MEP / FP Systems Condition Assessment Energy Assessment SIZE 17 Buildings 220,000 SF Lucas County, Ohio Heapy led the engineering and architectural Facility Assessment consisting of 17 different buildings. Ten of those buildings were fully audited and equal a total of 220,000 SF. Heapy provided Energy Assessments to the additional seven buildings. General building physical condition of the following systems / assemblies include: • Roofs, walls, floors, & windows • Mechanical • Electrical • Plumbing • Fire suppression • Building controls • Lighting systems • Communications systems Building Audits included: • Site reviews of each building system based on the American Society for Testing Materials guidelines • Evaluation of current code / standard compliance • Site condition report including photographs, recommendations for short-term and long-term improvements • Administration of bidding process • Estimated costs for construction / installation / repair over a 20-year period • Utility consumption and cost information for purposes of benchmarking • AutoCAD floor plan capturing overall architectural layout Energy Assessment Services included: • Complete review of building HVAC system(s) components and report documenting the findings, energy efficiency recommendations and estimate costs • Administration of bidding process • Utility consumption and cost information for purposes of benchmarking • Findings, recommendations and cost estimates report • Floor plans with major equipment located • Energy benchmark performance • Executive Summary providing recommendations, improvement costs, and timeline for implementation FACILITIES AND ENERGYMASTER PLAN HEAPY SERVICES Facilities Assessment Energy Master Plan SIZE 40 Buildings Ohio Wesleyan University Heapy conducted a Campus-wide Facilities and Energy Master Plan for Ohio Wesleyan University (OWU). Services consisted of an assessment of the Delaware Campus, approximately 40 buildings, to ascertain the condition of MEP systems and evaluate potential Energy Conservation Measures. Onsite walk-throughs of each building were conducted to assess system condition and energy / operational opportunities. All “major” buildings were evaluated. Identification of Energy Conservation Measures (ECMs) to reduce energy consumption, included: • Retro-Commissioning • Equipment Time-of-Day Scheduling • Lighting retrofits • Controls modifications to air handling systems sequence of operations • Chilled water system sequence of operations • Ventilation rate • Pumping system sequence of operations Building Assessment surveys were conducted and findings were summarized in a Final Report. From preliminary utility analysis and investigation, Heapy identified the potential to reduce the current energy consumption by approximately 20%. This would equate to an annual cost avoidance of approximately $300,000 to $400,000. Reference Questionnaire Solicitation: Development of Energy Master Plan for Collier County Facilities Reference Questionnaire for: HEAPY (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Robert Woodruff (Evaluator completing reference questionnaire) Company: Sinclair Community College (Evaluator’s Company completing reference) Email: robert.woodruff@sinclair.edu FAX: Telephone: 937-512-4529 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: Energy Master Plan Completion Date: 4/2011 Project Budget: $85,000 Project Number of Days: 193 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Sinclair Community College commissioned Heapy to produce a campus-wide Energy Master Plan of their sprawling downtown Dayton campus. Against a backdrop of rising energy prices, supply reliability, and the climate change impacts of energy creation, Sinclair Community College recognized the importance of strategically assessing its energy use. This urban campus, which serves over 28,000 students, consists of 20 buildings and over 1.7 Million square feet of space. A critical element of this Energy Master Plan process was to position the Project to blend in and incorporate the College’s Strategic Energy Plan. The outcome of the effort was a comprehensive approach to the implementation of energy conservation measures (ECM’s) that will reduce energy consumption and/or cost. These ECM’s included equipment upgrades, maintenance, control, alternative energy sources, or operational changes at the site. Additionally, this effort includes: • Analyzing the College’s energy conservation efforts to date and incorporating ECM’s that will meet the requirements of the HB251 legislation. (HB251 mandates a 20% energy consumption reduction goal for all State of Ohio agencies/organizations). • Identifying an overall Energy Master Plan that establishes an action plan, strategies and projects for implementation • Providing guidance on best practices regarding: • Energy standards and plans • Sustainability practices • Renewable Energy opportunities (I.E.: solar, wind, geothermal) • Minimizing overall environmental impact of energy use, including greenhouse gas creation (either on-site or indirectly at the off-site source) • Carbon market strategy • Opportunities with utility providers ENERGYMASTER PLAN HEAPY SERVICES Energy and Sustainability Planning SIZE 1.7 Million SF ESTIMATED TOTAL ENERGY SAVINGS $1.1 Million SIMPLE PAYBACK 3.3 years RETURN ON INVESTMENT 30% Sinclair Community College Reference Questionnaire Solicitation: Development of Energy Master Plan for Collier County Facilities Reference Questionnaire for: HEAPY (Name of Company Requesting Reference Information) Ryan Hoffman (Name of Individuals Requesting Reference Information) Name: Steve Kendig (Evaluator completing reference questionnaire) Company: University of Dayton (Evaluator’s Company completing reference) Email: skendig1@udayton.edu FAX: Telephone: 937-229-4952 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: Campuswide Energy Audits, 4 Phases Completion Date: 8/2019 Project Budget: $244,500 Project Number of Days: 240 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 9 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 98 ENERGYASSESSMENT University of Dayton Heapy has been investigating energy saving opportunities for the University of Dayton through a multiple phase Energy Assessment. Sixteen buildings have been evaluated over this four phase project. This Energy Assessment focused on identifying opportunities for optimization of existing systems relative to energy efficiency, without compromising appropriate operational conditions in the facilities. As part of this study, we investigated the primary building systems along with the associated ancillary systems and controls: Operational improvements to the Hot Water and Chilled Water Plants and related pumping systems. • CW Supply Pump Differential Pressure Reset • Chilled Water Supply Temperature Reset • Chiller Plant Enable and Staging Strategies • HW Pump Differential Pressure Reset • Heat Pump Loop Differential Pressure Reset • Heat Pump Loop Water Temperature Reset Operational improvements to Air Handling and Exhaust Systems. • Air Handling Unit and Zone Level operational scheduling • Heating and Cooling Temperature Set point optimization • Supply Air Temperature Reset • Supply Airflow Static Pressure Reset • Economizer Sequence Validation and Optimization • Dedicated Outdoor Air Ventilation Unit Optimization • Demand Controlled Ventilation HEAPY SERVICES Energy Consulting SUMMARY OF 16 BUILDINGS INCLUDING: • Science Laboratories • Recreation Centers • Student & Dining Centers • Classroom Buildings • Administrative Offices AVERAGE FACILITY SAVINGS 529,600 kWh / Year 35,000 CCF / Year $54,200 / Year AVERAGE PAYBACK Without Incentive: 1.8 Years With Incentive: 10 Months ANNUAL SAVINGS ALL BUILDINGS 4,237,100 kWh 289,000 therms $433,500 Reference Questionnaire Solicitation: Development of Energy Master Plan for Collier County Facilities Reference Questionnaire for: HEAPY (Name of Company Requesting Reference Information) Michael Berning (Name of Individuals Requesting Reference Information) Name: Mark French (Evaluator completing reference questionnaire) Company: Columbus State Community College (Evaluator’s Company completing reference) Email: mfrench1@cscc.edu FAX: Telephone: 614-287-2810 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: Condition Assessment Master Plan Completion Date: 5/2018 Project Budget: $312,300 Project Number of Days: 394 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). Mark French will only provide a verbal recommendation. Please contact him at the phone number listed above. 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS FACILITIES ASSESSMENTMASTER PLAN HEAPY SERVICES Building Condition Assessment MEP / FP Systems Condition Assessment Thermography Assessment CMMS Integration Master Planning SIZE Multiple Campuses 31 Buildings 1,055,000 SF 26,312 SF Students Columbus State Community College Heapy led the Master Planning effort to create a comprehensive overview of the buildings, building systems and tunnels on three campuses within the Columbus State Community College (CSCC) system. This project involved: • Three CSCC campuses • 31 buildings plus underground tunnels • Covered over 1 Million SF of floor space • Thermal Imaging of the building roofs and envelopes • Creating a Master Planning document to Inform CSCC Capital Planning The outcome of this Master Planning / Assessment Project will inform CSCC’s Capital Planning / Budgeting efforts in several ways: • The building and equipment data the Heapy led assessment teams gathered from the building walk-throughs was integrated into a new CMMS (Computerized Maintenance Management System). The CMMS will produce Work Orders and provide a structured Preventative Maintenance process and reporting for the Facilities Department. • This data will also be used to supplement current electronic systems for space and equipment inventories and project scheduling as they relate to facilities upkeep and capital planning and budgeting. • The data will be used in making appropriate financial decisions for the implementation of identified projects. Reference Questionnaire Solicitation: Development of Energy Master Plan for Collier County Facilities Reference Questionnaire for: HEAPY (Name of Company Requesting Reference Information) Ryan Hoffman (Name of Individuals Requesting Reference Information) Name: Greg Freistuhler (Evaluator completing reference questionnaire) Company: Wilson Health (Evaluator’s Company completing reference) Email: gfreistuhler@wilsonhealth.org FAX: 937-492-2018 Telephone: 937-498-5568 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: Campuswide Energy Assessment Completion Date: 8/2017 Project Budget: $22,000 Project Number of Days: 83 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS ENERGYASSESSMENT HEAPY SERVICES Energy Consulting ENERGY SAVINGS Cost Reduction: $27,120 Electricity Energy Reduction: 245,000 kWh Natural Gas Reduction: 19,770 therms Percent Energy Reduction: 5% Wilson Health Heapy was engaged to perform a retro-commissioning study of Wilson Health with the goal of identifying opportunities to optimize building system operations and maximize energy performance. The focus of this effort was based around building system controls programming, mechanical/HVAC air handling and zone terminal units and the building chilled and hot water plants. The retro-commissioning effort and utility analysis uncovered several areas where energy could be conserved. Wilson Health utilizes about 30% more energy than the median comparable building. The facility has undergone many renovations and the HVAC systems had various upgrades. The Operating Rooms and existing pneumatic systems afford great potential to increase HVAC systems efficiency. The electricity savings goal for the study was established during the application process at 148,826 kWh per year. The Retro-Commissioning analysis uncovered 245,000 kWh of potential electricity savings. Additionally, over 19,000 therms of natural gas savings have been identified. Overall, Heapy Engineering identified over $27,000 in potential annual energy cost savings with a payback of 24 months or less, and an additional $22,300 of further energy cost savings potential. By implementing all the RCMs, Wilson Health may reduce its annual energy consumption by an estimated 5%. Reference Questionnaire Solicitation: Development of Energy Master Plan for Collier County Facilities Reference Questionnaire for: Juice Technologies Inc., dba Plug Smart (Name of Company Requesting Reference Information) Rich Housh (Name of Individuals Requesting Reference Information) Name:Lee Wehr (Evaluator completing reference questionnaire) Company:Naples Community Hospital (Evaluator’s Company completing reference) Email: lee.wehr@nchmd.org FAX: Telephone: 239-624-2853 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: Hospital Energy Master Plan Completion Date: __Assessment completed January 10, 2015; Subsequent implementation phases are ongoing Project Budget: Assessment: $284,000______________ Project Number of Days: 180 days, 1.5M square feet__ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Project Profile NAPLES COMMUNITY HOSPITAL Contact Information Buildings Floor Area (ft2) Lee Wehr, Director of Engineering – (239) 624-2853 6 1,500,000 Pre-Project Conditions The premier primary health care provider in Naples and Collier County. 715 beds in two large hospitals. CEP (Central Energy Plant) in both hospital campuses. 3,000 Ton capacity at downtown campus and 2,200 Ton capacity at north campus. Five disparate BAS / DDC systems downtown, and three disparate DDC systems at north. Addressed numerous end of life mechanical systems at three major facilities due to age and lack of maintenance. Very high operational costs compared to peer group in terms of energy and maintenance costs, energy utilization index (EUI. EMS / BAS was antiquated, cumbersome to use, and non-compliant with NCH IT security requirements. Proprietary protocols, obsolete and unsupported hardware and software, and lack of modern EMS / BAS capabilities. Downtown Hospital North Naples Hospital SCOPE DESCRIPTION: Solution  LII ASHRAE audit of entire facility Team Plug Smart was hired by NCH to perform a detailed IGEA (investment grade energy audit) in order to assess all primary facilities, analyze annual utility expense, ID and quantify all mechanical and electrical assets, including conditional analysis, risk of catastrophic failure, determine non-code compliant system risk, as well as to develop a full and comprehensive EMP (Energy Master Plan) for the Administration and Board of Directors for NCH. The EMP has been prioritized and is being implemented by Team Plug Smart for the past three years and will continue to be implemented over the next 7 years. In full cooperation and partnership with NCH Facilities, Finance, and Administrative policies and procedures. Plug Smart developed a sustainable Energy Master Plan where the reductions in energy and maintenance costs paid for the upgrades over several years. Collectively, these upgrades will reduce NCH's electric bills by 47% and gas bills by 52% while also addressing end of life capital projects.  Systems analysis on all EMS / BAS hardware / software.  Entire facility utility consumption benchmarking and analysis  Upgrade all operating rooms to meet current AHCA codes and standards at both campuses  Upgrade outdoor and non- patient care lighting to LED Reference Questionnaire Solicitation: Development of Energy Master Plan for Collier County Facilities Reference Questionnaire for: Juice Technologies Inc., dba Plug Smart (Name of Company Requesting Reference Information) Rich Housh (Name of Individuals Requesting Reference Information) Name:Chuck Lehnert (Evaluator completing reference questionnaire) Company:University of Toledo (Evaluator’s Company completing reference) Email: charles.lehnert@me.com FAX: Telephone: 419-262-9540 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: Main Campus, Health Science Campus and Scot Park campus of energy and innovation Completion Date: __December 12, 2011 Project Budget: Assessment: $683,000__________ Project Number of Days: 180 days, 4M+ square feet; implementation phases ongoing Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Project Profile UNIVERSITY OF TOLEDO Contact Information Buildings Floor Area (ft2) Chuck Lehnert, VP Facilities – (419) 520-1447 93 4,700,000 Pre-Project Conditions Among other projects, Plug Smart worked with the University to install the largest solar installation on a state college in the Midwest utilizing thin film solar PV technology that was pioneered at the University. Plug Smart also worked with the University to install electric vehicle charging stations at several key places across the campus. Plug Smart was then retained to perform an ASHRAE level 3, investment grade energy audit of the entire university (3 campuses). 1.2 MW Solar Installation Wolf Hall AUDIT DESCRIPTION: Solution  ASHRAE LIII audit at all three campuses The ASHRAE Level III audit created the technical analysis for the creation of the University of Toledo's energy master plan. With this plan, the university administration could then prioritize capital expenditure to projects with the best return on investment. Subsequent to the completion of this plan, Plug Smart completed energy savings projects at Wolf Hall and the University of Toledo Medical Center. The projects focused on installing new direct digital controls systems that both improved facility operation and saved energy. To this day, the energy master plan Plug Smart developed is used to guide the universities investment in their facilities. Most recently, Plug Smart personnel were able to help UT cancel their existing service contracts and consolidate their controls systems to 1 non- proprietary building management solution which has become an ongoing initiative. The most recent controls upgrade cost $275K and had a 6-month payback.  Identified $20M in ECMs  Total annual savings of $3.5M  5.8-year Simple Payback  Energy Master Plan with Financials for all identified Measures Project Approach, Willingness to Meet Time & Budget PROJECT KICKOFF The Heapy Team will work with Collier County, taking a consultative approach to scope development and confirmation of expectations, through a series of initial project kickoff and scope development meetings. Our Facility Condition Assessment Team includes specialists from each firm to ensure an integrated approach. These meetings will serve to address data collection and condition assessment expectations, better define building ‘in focus’ and a project implementation schedule. FACILITY ASSESSMENT The Heapy Team will assess all major building components, systems and equipment as defined in the kickoff phase and in the responsibilities matrix. The Project Team will develop Opinions of Probable Cost for low cost deferred maintenance and renewal items as well as major capital intensive recommendations and produce a prioritization schedule for these items, which will be summarized in a written report. DRAFT REVIEW (75% Progress Check) The Project Team will host a series of progress review meetings with Collier County to review the content of Facility Reports to ensure the outcome of the Assessment Process provides the tools that can be used to inform future capital planning projects, ongoing Preventative Maintenance and a prioritization for an approach to addressing Deferred Maintenance items across the buildings. DATA MANAGEMENT The Project Team will coordinate data entry / coding with Collier County personnel to determine the appropriate data to “capture.” And the associated formatting requirements. The Team will perform a review of all database functionality and options and present findings to the County. Thereafter, the Team will work to coordinate use of existing database tools, or work to setup PROJECT APPROACH the preferred alternative infrastructure. The goal is to maximize the utility and value of any ongoing database as a decision making tool for the Collier County so it can be readily available for use in future planning. ONGOING SUPPORT AND TRAINING The Project Team will provide ongoing technical database training and support to County staff on an as needed and defined basis. The Team will also support the County in any data evaluation or project prioritization exercises that will be used to budget for capital expenditure or other County Leadership evaluation requests. SPECIALTY SERVICES The Project Team will deploy the full depth and capability of the team on an as needed basis, this will include, but is not limited to Facility Energy Assessment and Life Cycle Cost Evaluation (allowing for first cost premium justification), thermographic imaging, envelope testing, and others as needed. All specialized services and capabilities will be discussed in early project kickoff meetings and will also be presented thereafter on an as needed professional-opinion basis if existing conditions analysis may identify the need for more detailed evaluation. BUILDING ASSESSMENTS Heapy and Plug Smart have extensive experience in the evaluation of building systems including envelope, structure and MEP systems. Each of our team members is leading regional provider in our respective discipline. Building Assessment surveys will be conducted, and findings summarized in a Report and with collected data entered into a database. This Report will include, at minimum, these items: 1. General Description of each Building’s: Envelope, Plumbing, HVAC, Electrical and Life Safety Systems. 2. A summary of the general condition of each building’s HVAC distribution system equipment (VAV boxes, terminal units, etc.). 3. A summary of the general condition of the building’s Architectural components based on entire systems/equipment. a. This will involve providing a visual investigation of the condition of the architectural building elements interior and exterior including roof systems, building envelope, wall systems, exterior openings, grading around the building, and review of the general condition of the interior spaces, limiting observation to visiting each floor and getting a general assessment space conditions in each building. b. This will also include a parallel structural evaluation of those same building components as they apply to the building’s structural integrity. 4. Identification of significant code deficiencies. 5. Provide a professional opinion of Deferred Maintenance issues observed during the Building Assessments. 6. Develop Opinions of Probable Cost of recommended major changes defined by discipline. 7. Develop building and portfolio wide prioritization options for consideration by Collier County. 8. Provide a summary of Prioritized Initiatives for Collier County to use in their Capital Planning efforts. While the Project Team’s assessment effort is underway, we will be evaluating the systems/equipment to see if any opportunities for environmentally conscious energy efficiency improvements exists. These may be Energy Conservation Measures which either can immediately be implemented or would potentially need additional review / evaluation to determine potential Return on Investment. The personnel Heapy has assembled for this Assessment effort are highly capable of conducting Energy Audits in addition to their considerable Assessment expertise. Heapy would propose to conduct quick Energy Audits of each facility, (with the personnel already visiting each site), doubling up on the effort to do Building Assessments along with Energy Efficiency improvement evaluations. This approach would save the expense of return visits to do so, therefore capitalizing on considerable cost savings by including the Energy Audit effort. Further, an Energy Audit should be included in the scope of services as an environmentally preferable approach to this overall project, which will also effectively impact the prioritization of future equipment replacement/upgrade projects. As replacement of equipment/ systems and upgrades are necessary, having captured this additional systems knowledge by viewing upgrades/replacements through an environmentally responsible “lens” will become quite valuable. Simple “like for like“ equipment replacement should no longer be the norm, as the projects will have this additional data to inform equipment and system selections also from an energy (cost) savings perspective. A life cycle perspective can account for long term operational savings and environmental benefits of significant system improvements. PROJECT APPROACH MILESTONE TIMELINE WK 1 WK 2 WK 3 WK 4 WK 5 WK 6 WK 7 WK 8 WK 9 WK 10 WK 11 WK 12 WK 13 Kickoff Meeting Week 1 Building Walkthroughs Week 2 Interim Review/Progress Meeting Week 3 Building Walkthroughs Week 4 75% Review/Progress Meeting Week 5 Calculations/Savings Estimates Week 6-7 Cost Estimating Week 8-9 Report Generation Week 10-11 Report Delivery/Review Week 12-13 PROJECT SCHEDULE Collier County, Florida Location Recent, Current and Projected Workloads CURRENTWORKLOAD Heapy is dedicated to providing staff that are qualified, creative and dedicated to delivering projects on time and on budget. We assure the complete availability of the staff through our resource projection reporting system. The staff for this project has been selected as they will provide the leadership, expertise to make this project successful and are available from design and through construction. We are committed to maintain continuity of the staffing assignments for this project. Heapy personnel regularly participates in speaking engagements and instructional seminars, in various parts of the country, for professional organizations. Those organizations include: • American Institute of Architects • American Society of Plumbing Engineers • National Society of Professional Engineers • American Society of Civil Engineers • American Society of Heating Refrigeration & Air-Conditioning Engineers • Autodesk University In an effort to maintain a high level of expertise within our company, our Engineering Resources team regularly provides training and assesses our employees’ skill sets. Requested Forms Addendum One Date: 5/6/2019 From: Geoff Thomas, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation # 19-7523 and Title Development of Energy Master Plan for Collier County Facilities The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Please see Main Campus Building SqFt document. If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. C: Linda Best Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Email: Geoff.Thomas@colliercountyfl.gov Telephone: (239) 252-6098 5/31/19 HEAPY Addendum Two Date: 5/8/2019 From: Geoff Thomas, Procurement Strategist To: Interested Bidders Subject: Addendum # Two Solicitation # 19-7523 and Title Development of Energy Master Plan for Collier County Facilities The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. The proposal opening for 19-7523 Development of Energy Master plan for Collier County Facilities Project is May 31, 2019 at 3:00 PM. Please disregard the May 30, 2019 at 3:00 PM date on page two of 19-7523 solicitation under the solicitation public Notice Section. The correct proposal opening date for 19-7523 Development of Energy Master Plan for Collier County Facilities project is May 31, 2019 at 3:00 PM. If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. C: Linda Best Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Email: Geoff.Thomas@colliercountyfl.gov Telephone: (239) 252-6098 5/30/19 HEAPY Addendum Three Date: 5/14/2019 From: Geoff Thomas, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 Solicitation # 19-7523 and Title Development of Energy Master Plan for Collier County Facilities The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Please see attached FPL Invoices, they are all labeled FPL at the Beginning of the Title. Also see FPL annex excel spread sheet. If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. C: Linda Best Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Email: Geoff.Thomas@colliercountyfl.gov Telephone: (239) 252-6098 5/30/19 HEAPY Form 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Solicitation Submittal has been signed. The Solicitation Pricing Document (Bid Schedule/Quote Schedule/etc.) has been completed and attached. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. Affidavit for Claiming Status as a Local Business, if applicable. Division of Corporations - Florida Department of State – http://dos.myflorida.com/sunbiz/ (If work performed in the State). E-Verify/Immigration Affidavit (Memorandum of Understanding). ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: HEAPY_________________________________________________ Address: 1400 W Dorothy Lane _____________________________________ City, State, Zip: Dayton, OH 45409________________________________________ Telephone: 937-224-0861____________________________________________ Email: arcarnes@heapy.com______________________________________ Representative Signature: ________________________________________________________ Representative Name: Alec R. Carnes____________________________ Date _5/30/19 ___ Form 3: Conflict of Interest Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non-public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: __HEAPY__________________________________________________________________________ Signature and Date: _________________________________________________________________ Print Name: ___Alec R. Carnes__________________________________________________________________ Title of Signatory: __Senior Principal ______________________________________________________________ Form 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub-vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 30 day of May, 2019 in the County of Montgomery, in the State of Ohio. Firm’s Legal Name: Heapy Engineering Inc., dba HEAPY Address: 1400 W Dorothy Lane City, State, Zip Code: Dayton, OH 45409 Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded 31-1743951_______________________________________________________________________ Telephone: 937-224-0861 Signature by: (Typed and written) Title: Alec R. Carnes, Senior Principal Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Form 5: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Vendor’s proposal as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s proposal. Company Name _HEAPY___________________________________________________________________ Print Name Alec R. Carnes Title _Senior Principal _________ Signature Date ___5/30/19______________ State of ____Ohio_______________ County of __Montgomery_______________ The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Form 6: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name _Heapy Engineering Inc. dba HEAPY__________________________________________________ (as shown on income tax return) Business Name (if different from taxpayer name) Address __1400 W Dorothy Lane ____________ City ____Dayton____________________________________ State __Ohio______________________________ Zip__45409_______________________________________ Telephone _937-224-0861____ Email___arcarnes@heapy.com Order Information (Must be filled out) Address _1400 W Dorothy Lane_____________ Remit / Payment Information (Must be filled out) Address _1400 W Dorothy Lane City _Dayton__ State _OH_ Zip _45409__ City _ Dayton _ State ___OH_ Zip__45409_____ Email __ arcarnes@heapy.com _____________ Email __ arcarnes@heapy.com _____________ 2. Company Status (check only one) Individual / Sole Proprietor X Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company C Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) ____31-1743951____________________________________ (Vendors who do not have a TIN, will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ___________________________________________________________ Date _____5/30/19______ Title _______Senior Principal _________________________ Phone Number _937-224-0861 5/17/2019 Detail by Entity Name search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=JUICETECHNOL…1/2 Department of State / Division of Corporations / Search Records / Detail By Document Number / Document Number FEI/EIN Number Date Filed Effective Date State Status Last Event Event Date Filed Event Effective Date Detail by Entity Name Florida Profit Corporation JUICE TECHNOLOGIES, INC. Filing Information P15000102268 26-2368277 12/30/2015 12/31/2015 FL ACTIVE AMENDMENT 04/08/2019 NONE Principal Address 1040 COLLIER CENTER WAY, STE #12 Naples, FL 34110 Changed: 09/05/2018 Mailing Address 350 E 1ST AVE #210 COLUMBUS, OH 43201 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 12/07/2016 Officer/Director Detail Name & Address Title CEO, Chairman HOUSH, RICHARD D 50 6th Ave. N Naples, FL 34102 Title President D C Florida Department of State 5/17/2019 Detail by Entity Name search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=JUICETECHNOL…2/2 ZEHALA, DAVID B 350 E 1ST AVE #210 COLUMBUS, OH 43201 Title COO PAPAY, DANIEL 350 E 1ST AVE #210 COLUMBUS, OH 43201 Annual Reports Report Year Filed Date 2018 04/26/2018 2019 02/14/2019 2019 04/04/2019 Document Images 04/04/2019 -- AMENDED ANNUAL REPORT View image in PDF format 02/14/2019 -- ANNUAL REPORT View image in PDF format 05/04/2018 -- AMENDED ANNUAL REPORT View image in PDF format 04/26/2018 -- ANNUAL REPORT View image in PDF format 01/31/2017 -- ANNUAL REPORT View image in PDF format 12/07/2016 -- REINSTATEMENT View image in PDF format 12/30/2015 -- Domestic Profit View image in PDF format Florida Department of State, Division of Corporations Form 3: Conflict of Interest Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non-public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: __Juice Technologies Inc., DBA Plug Smart________________________________________ Signature and Date: ______________5/16/19_____________________________ Print Name: ____Rich Housh__________________________________________________________ Title of Signatory: ____Chief Executive Officer___________________________________________ Form 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub-vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this __16th___ day of _____May_, 2019__ in the County of Collier in the State of Florida. Firm’s Legal Name: Juice Technologies, Inc. dba Plug Smart Address: 1040 Collier Center Way #12 City, State, Zip Code: Naples, FL 34110 Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded _26-23682777____________________________________________________________________ Telephone: 800-518-5576 Signature by: (Typed and written) Title: Rich Housh, Chief Executive Officer Solicitation Collier County Metasys NAE Replacement - 19-7620 Submitted by: Juice Technologies Inc. dba Plug Smart Solicitation Collier County Metasys NAE Replacement - 19-7620 Submitted by: Juice Technologies Inc. dba Plug Smart Additional Contact Information Send payments to: (required if different from above) Juice Technologies, Inc. dba Plug Smart Company name used as payee Contact name: Ms. Colleen Lorms Title: Office Manager Address: 350 East 1st Avenue #210 City, State, ZIP Columbus, Ohio 43201 Telephone: 800-518-5576 Email: Colleen.lorms@plugsmart.com Office servicing Collier County to place orders (required if different from above) Contact name: Mr. Axel Korn Title: Senior Project Manager Address: 1040 Collier Center Way, Suite #13 City, State, ZIP Naples, FL 34110 Telephone: 239-877-2515 Email: Axel.korn@plugsmart.com Form 5: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Vendor’s proposal as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s proposal. Company Name ____Juice Technologies Inc., DBA Plug Smart___________________________________ Print Name Rich Housh Title ___Chief Executive Officer_ Signature Date ____5/16/19_____________ State of __Florida___________ County of ____Collier_______ The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Solicitation 19-7553 Design Build Collier County Campus Solar Carport Submitted by: Juice Technologies Inc. dba Plug Smart Form 6: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1.General Information (provide all information) Taxpayer Name _Juice Technologies, Inc. dba Plug Smart____________________________________________ (as shown on income tax return) Business Name (if different from taxpayer name) Address _350 E. 1st Avenue____________________ City __Columbus____________________________________ State Ohio__________________________________ Zip___43201__________________________________________ Telephone (800) 518-5576___ Email: axel.korn@plugsmart.com Order Information (Must be filled out) Address _1040 Collier Center Way Suite 112_____ Remit / Payment Information (Must be filled out) Address _350 E. 1st Avenue, Suite 210____________ City Naples___ State ___Fl___ Zip __34110____ City: Columbus, Ohio Zip :43201 Email _____axel.korn.plugsmart.com___________ Email _colleen.lorms@plugsmart.com____________ 2. Company Status (check only one) Individual / Sole Proprietor X __Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company C Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) __26-2368277_______________________________________________ (Vendors who do not have a TIN, will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature _______________________________________Rich Housh____ Date ___5/16/19_________ Title__ Chief Executive Officer______________________________ Phone Number __800-518-5576 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A WEB SERVICES E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS), the Juice Technologies, Inc (Employer), and the Web Services E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services E-Verify Employer Agent 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 I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent, the Social Security Administration (SSA), and DHS. References in this MOU to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. For purposes of this MOU, the E-Verify browser refers to the website that provides direct access to the E-Verify system: https://e-verify.uscis.gov/emp. You may access E-Verify directly free of charge via the E-Verify browser. 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. For purposes of this MOU, references to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 2. By enrolling in E-Verify and signing the applicable MOU, the Employer asserts that it is a legitimate company which intends to use E-Verify for legitimate purposes only and in accordance with the laws, regulations and DHS policies and procedures relating to the use of E-Verify. 3. The Employer agrees to display the following notices supplied by DHS (though the Web Services E-Verify Employer Agent) 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 4. 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 DHS whenever the representatives’ contact information changes. 5. The Employer agrees to become familiar with and comply with the most recent version of theE-Verify User Manual. The Employer will obtain the E-Verify User Manual from the Web ServicesE-Verify Employer Agent, and will be notified by the Web Services E-Verify Employer Agent when a new version of the E-Verify User Manual becomes available. 6. The Employer agrees to comply with current Form I-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 Company ID Number:72760 Client Company ID Number:1141164 Page 1 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 presented during the Form I-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 I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-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 I-9. 7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 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 I-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 I-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 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 I-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 I-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 I-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 (through its Web Services E-Verify Employer Agent) 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 II.B 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 Company ID Number:72760 Client Company ID Number:1141164 Page 2 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 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(l)) 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 (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 (through its Web Services E- Verify Employer Agent) 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 Personal Identification Numbers 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-Verify@dhs.gov. 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 through its Web ServicesE-Verify Employer Agent 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 reasonable notice, to review Forms I-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 DHS 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. Company ID Number:72760 Client Company ID Number:1141164 Page 3 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 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 THE WEB SERVICES E-VERIFY EMPLOYER AGENT 1. The Web Services E-Verify Employer Agent agrees to complete its Web Services interface no later than six months after the date the Web Services User signs this MOU. E-Verify considers your interface to be complete once it has been built pursuant to the Interface Control Agreement (ICA), submitted to E-Verify for testing, and approved for system access. 2. The Web Services E-Verify Employer Agent agrees to perform sufficient maintenance on the Web Services interface in accordance with the requirements listed in the ICA. These requirements include, but are not limited to, updating the Web Services interface to ensure that any updates or enhancements are incorporated no later than six months after the issuance of an ICA. Web Services E-Verify Employer Agents should be aware that this will require the investment of time and resources. Compliance with the requirements of the ICA must be carried out to the satisfaction of DHS and or its assignees. 3. The Web Services E-Verify Employer Agent agrees to provide to SSA and/or DHS the names, titles, addresses, e-mail addresses, and telephone numbers of the Web Services E-Verify Employer Agent representative who will access information, as well as ensure cooperation, communication, and coordination with E-Verify. In addition, Web Services E-Verify Employer Agents must provide to SSA and/or DHS the names, titles, addresses, and telephone numbers of its clients and their staff who will access information through E-Verify. Web Services E-Verify Employer Agents must ensure the contact information is updated with SSA and DHS whenever the points of contact change. 4. The Web Services E-Verify Employer Agent agrees to become familiar with and comply with theE-Verify User Manual and provide a copy of the most current version of the manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. The Web Services E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 5. The Web Services E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 6. The Web Services E-Verify Employer Agent agrees that any of its representatives who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. A. The Web Services E-Verify Employer Agent agrees that all of its representatives will take the refresher tutorials initiated by E-Verify as a condition of continued use of E-Verify, including any tutorials for Federal contractors, if any of the Employers represented by the Web Services E-Verify Employer Agent is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Web Services E-Verify Employer Agent and Employer from continued use of E-Verify. 7. The Web Services E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The Web Services E-Verify Employer Agent must promptly terminate an employee’s E- Verify access if the employee is separated from the company or no longer needs access to E-Verify. 8. The Web Services E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by the E-Verify rules and regulations as modified from time to time. 9. The Web Services E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 10. The Web Services E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E- Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents. 11. The Web Services E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.2 below. 12. The Web Services E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web-Based Tutorial and all other published E-Verify rules and procedures. The Web Services E-Verify Employer Agent will createE-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Web Services E-Verify Employer Agent’s attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three-day time period is not extended. In such a case, the Company ID Number:72760 Client Company ID Number:1141164 Page 4 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Web Services E-Verify Employer Agent must use the E-Verify browser during the outage. 13. The Web Services E-Verify Employer Agent agrees to ensure that all notices, referral letters and any other materials otherwise including instructions regarding tentative nonconfirmations, will be consistent with the most current E-Verify tentative nonconfirmation notices and referral letters, which are available on E-Verify’s website. 14. The Web Services E-Verify Employer Agent agrees that any system or interface it develops will follow the steps for creating E-Verify cases and processing tentative nonconfirmations, as laid out in the ICA, this MOU and the User Manual, including but not limited to allowing an employer to close an invalid case where appropriate, allowing an employer to refer a tentative nonconfirmation only when an employee chooses to contest a tentative nonconfirmation (no automatic referrals), and referring a tentative nonconfirmation to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services E-Verify Employer Agent understands that any failure to make its system or interface consistent with proper E-Verify procedures can result in DHS terminating the Web Services E-Verify Employer Agent’s agreement and access with or without notice. 15. When the Web Services E-Verify Employer Agent receives notice from a client company that it has received a contract with the FAR clause, then the Web Services E-Verify Employer Agent must update the company’s E-Verify profile within 30 days of the contract award date. 16. If data is transmitted between the Web Services E-Verify Employer Agent and its client, then the Web Services E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the Web Services E-Verify Employer Agent. 17. The Web Services E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access toE-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at . Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E- Verify. 18. The Web Services E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms I-9, employment records, and all records pertaining to the Web Services E-Verify Employer Agent’s use of E-Verify, and to interview it and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. A. The Web Services E-Verify Employer Agent agrees to cooperate with DHS if DHS requests information about the Web Services E-Verify Employer Agent’s interface, including requests by DHS to view the actual interface operated by the Web Services E-Verify Employer Agent as well as related business documents. The Web Services E-Verify Employer Agent agrees to demonstrate for DHS the functionality of its interface to E-Verify upon request. B. The Web Services E-Verify Employer Agent agrees to demonstrate, if requested by DHS, that it has provided training to its clients that meets E-Verify standards. Training programs must provide a focused study of the topics covered in the E-Verify User Manual and pertinent Supplemental Guides. Furthermore, training programs and materials must be updated as E-Verify changes occur. The Web Services E-Verify Employer Agent is encouraged to incorporate information from existing E-Verify materials, including the Enrollment Quick Reference Guide, the E-Verify Employer Agent Client Handbook (formerly known as the Designated Agent Client Handbook), and existing tutorials and manuals into their training program. E-Verify also encourages the Web Services E-Verify Employer Agent to supervise first-time use of the E-Verify browser or Web Services interface by its staff and Employer clients as part of any training program. The Web Services E-Verify Employer Agent agrees to submit its training program materials to DHS for review upon request. Failure to provide adequate training could, in some instances, lead to penalties as described in Article V.F.1. of this MOU. 19. The Web Services E-Verify Employer Agent 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 Web Services E-Verify Employer Agent 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 Web Services E- Verify Employer Agent services and any claim to that effect is false. 20. The Web Services E-Verify Employer Agent 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 Web Services E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only Company ID Number:72760 Client Company ID Number:1141164 Page 5 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 under license by DHS/USCIS (see ) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Web Services E-Verify Employer Agent’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E- Verify. 22. The Web Services E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The Web Services E-Verify Employer Agent shall ensure that the Web Services E-Verify Employer Agent and the Employers it represents carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The Web Services E-Verify Employer Agent should instruct the client to keep the Web Services E- Verify Employer Agent informed about any changes or updates related to federal contracts. It is the Web Services E- Verify Employer Agent’s responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 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 reverify 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. 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. 1001(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 I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6, Company ID Number:72760 Client Company ID Number:1141164 Page 6 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 ii. The employee’s work authorization has not expired, and iii. The Employer has reviewed the information reflected in the Form I-9 either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-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 I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i. The Employer cannot determine that Form I-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 I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form I- 551) that expired after completing Form I-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. D. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) 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 the E-Verify Employer Agent) 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 E-Verify Employer Agent. 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 E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: A. Automated verification checks on alien employees by electronic means, and B. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. Company ID Number:72760 Client Company ID Number:1141164 Page 7 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 3. DHS agrees to provide to the E-Verify Employer Agent 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 E-Verify Employer Agents 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 E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer (through the E-Verify Employer Agent) 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. DHS agrees to issue each of the E-Verify Employer Agent’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent), 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. DHS agrees to provide a means of secondary verification (including updating DHS 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 DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS 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 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 Company ID Number:72760 Client Company ID Number:1141164 Page 8 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 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 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 I-551, Form I-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 or the Web Services E-Verify Employer Agent 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 SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1. Software developed by Web Services E-Verify Employer Agents must comply with federally-mandated information security policies and industry security standards to include but not limited to: 2. Public Law 107-347, “E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA),” December 2002. 3. Office of Management and Budget (OMB) Memorandum (M-10-15), “FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management,” April 2010. 4. National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). 5. International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology — Security Techniques — Code of Practice for Information Security Management. 6. The Web Services E-Verify Employer Agent agrees to update its Web Services interface to reflect system enhancements within six months from the date DHS notifies the Web Services User of the system update. The Web Services User will receive notice from DHS in the form of an Interface Control Agreement (ICA). The Web Services E-Verify Employer Agent agrees to institute changes to its interface as identified in the ICA, including all functionality identified and all data elements detailed therein. 7. The Web Services E-Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web Services interface if and when DHS requests such progress reports. Company ID Number:72760 Client Company ID Number:1141164 Page 9 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 8. The Web Services E-Verify Employer Agent acknowledges that if its system enhancements are not completed to the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services User of the system update, then the Web Services User’s E-Verify account may be suspended, and support for previous releases of E-Verify may no longer be available to the Web Services User. The Web Services E-Verify Employer Agent also acknowledges that DHS may suspend the Web Services User’s account after the six-month period has elapsed. 9. The Web Services E-Verify Employer Agent agrees to incorporate error handling logic into its development or software to accommodate and act in a timely fashion should an error code be returned. 10. The Web Services E-Verify Employer Agent agrees to complete the technical requirements testing which is confirmed upon receiving approval of test data and connectivity between the Web Services E-Verify Employer Agent and DHS. 11. DHS will not reimburse any Web Services E-Verify Employer Agent or software developer who has expended resources in the development or maintenance of a Web Services interface if that party is unable, or becomes unable, to meet any of the requirements set forth in this MOU. 12. Housing, development, infrastructure, maintenance, and testing of the Web Services applications may take place outside the United States and its territories, but testing must be conducted to ensure that the code is correct and secure. 13. If the Web Services E-Verify Employer Agent includes an electronic Form I-9 as part of its interface, then it must comply with the standards for electronic retention of Form I-9 found in 8 CFR 274a.2(e). B. INFORMATION SECURITY REQUIREMENTS Web Services E-Verify Employer Agents performing verification services under this MOU must ensure that information that is shared between the Web Services E-Verify Employer Agent and DHS is appropriately protected comparable to the protection provided when the information is within the DHS environment [OMB Circular A-130 Appendix III]. To achieve this level of information security, the Web Services E-Verify Employer Agent agrees to institute the following procedures: 1. Conduct periodic assessments of risk, including the magnitude of harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the DHS, SSA, and the Web ServicesE-Verify Employer Agent and its clients; 2. Develop policies and procedures that are based on risk assessments, cost-effectively reduce information security risks to an acceptable level, and ensure that information security is addressed throughout the life cycle of each organizational information system; 3. Implement subordinate plans for providing adequate information security for networks, facilities, information systems, or groups of information systems, as appropriate; 4. Conduct security awareness training to inform the Web Services E-Verify Employer Agent’s personnel (including contractors and other users of information systems that support the operations and assets of the organization) of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; 5. Develop periodic testing and evaluation of the effectiveness of information security policies, procedures, practices, and security controls to be performed with a frequency depending on risk, but no less than once per year; 6. Develop a process for planning, implementing, evaluating, and documenting remedial actions to address any deficiencies in the information security policies, procedures, and practices of the organization; 7. Implement procedures for detecting, reporting, and responding to security incidents; 8. Create plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the organization; 9. In information-sharing environments, the information owner is responsible for establishing the rules for appropriate use and protection of the subject information and retains that responsibility even when the information is shared with or provided to other organizations [NIST SP 800-37]. 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. 11. DHS reserves the right to audit the Web Services E-Verify Employer Agent’s application. 12. Web Services E-Verify Employer Agents and Software Developers agree to cooperate willingly with the DHS assessment of information security and privacy practices used by the company to develop and maintain the Company ID Number:72760 Client Company ID Number:1141164 Page 10 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 software. C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1. Web Services E-Verify Employer Agents must practice proper Internet security; this means using HTTP over SSL/TLS (also known as HTTPS) when accessing DHS information resources such as E-Verify [NIST SP 800- 95]. Internet security practices like this are necessary because Simple Object Access Protocol (SOAP), which provides a basic messaging framework on which Web Services can be built, allows messages to be viewed or modified by attackers as messages traverse the Internet and is not independently designed with all the necessary security protocols for E-Verify use. 2. In accordance with DHS standards, the Web Services E-Verify Employer Agent agrees to maintain physical, electronic, and procedural safeguards to appropriately protect the information shared under this MOU against loss, theft, misuse, unauthorized access, and improper disclosure, copying use, modification or deletion. 3. Any data transmission requiring encryption shall comply with the following standards: A. Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256-bit encryption that has been validated under FIPS 140-2. B. NSA Type 2 or Type 1 encryption. 4. User ID Management (Set Standard): All information exchanged between the parties under this MOU will be done only through authorized Web Services E-Verify Employer Agent representatives identified above. 5. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not yet upgraded its interface to comply with the Federal Acquisition Regulation (FAR) system changes. In addition, Web Services E-Verify Employer Agents whose interfaces do not support the Form I-9 from 2/2/2009 or 8/7/2009 should also use the E-Verify browser until the system upgrade is completed. 6. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not completed updates to its system within six months from the date DHS notifies the Web Services E- Verify Employer Agent of the system update. The Web Services E-Verify Employer Agent can resume use of its interface once it is up-to-date, unless the Web Services E-Verify Employer Agent has been suspended or terminated from continued use of the system. D. COMMUNICATIONS 1. Web Services E-Verify Employer Agents and Software Developers agree to develop an electronic system that is not subject to any agreement that would restrict access to and use of by an agency of the United States. 2. The Web Services E-Verify Employer Agent agrees to develop effective controls to ensure the integrity, accuracy and reliability of its electronic system. 3. The Web Services E-Verify Employer Agent agrees to develop an inspection and quality assurance program that regularly, at least once per year, evaluates the electronic system, and includes periodic checks of electronically stored information. The Web Services E-Verify Employer Agent agrees to share the results of its regular inspection and quality assurance program with DHS upon request. 4. The Web Services E-Verify Employer Agent agrees to develop an electronic system with the ability to produce legible copies of applicable notices, letters, etc. 5. All information exchanged between the parties under this MOU will be in accordance with applicable laws, regulations, and policies, including but not limited to, information security guidelines of the sending party with respect to any information that is deemed Personally Identifiable Information (PII), including but not limited to the employee or applicant’s Social Security number, alien number, date of birth, or other information that may be used to identify the individual. 6. Suspected and confirmed information security breaches must be reported to DHS according to Article II.A.17. Reporting such breaches does not relieve the Web Services E-Verify Employer Agent from further requirements as directed by state and local law. The Web Services E-Verify Employer Agent is subject to applicable state laws regarding data protection and incident reporting in addition to the requirements herein. E. SOFTWARE DEVELOPER RESTRICTIONS 1. The Web Services E-Verify Employer Agent agrees that if it develops a Web Services interface and sells such interface, then it can be held liable for any misuse by the company that purchases the interface. It is the responsibility of the Web Services E-Verify Employer Agent to ensure that its interface is used in accordance with E-Verify policies and procedures. Company ID Number:72760 Client Company ID Number:1141164 Page 11 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 2. The Web Services E-Verify Employer Agent agrees to provide software updates to each client who purchases its software. Because of the frequency Web Services updates, an ongoing relationship between the software developer and the client is necessary. 3. DHS reserves the right to terminate the access of any software developer with or without notice who creates or uses an interface that does not comply with E-Verify procedures. 4. Web Services Software Developers pursuing software development independent of serving clients as a Web Services E-Verify Employer Agent are not eligible to receive an ICA. At this time, E-Verify does not permit Web Services software development without also being a Web Services E-Verify Employer Agent or Web Services Employer. F. PENALTIES 1. The Web Services E-Verify Employer Agent agrees that any failure on its part to comply with the terms of the MOU may result in account suspension, termination, or other adverse action. 2. DHS is not liable for any financial losses to Web Services E-Verify Employer Agent, its clients, or any other party as a result of your account suspension or termination. ARTICLE VI 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 DHS 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. B. TERMINATION 1. The Web Services E-Verify Employer Agent may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the Web Services E-Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days’ written notice. The Web Services E-Verify Employer Agent may not refuse to terminate the Employer based upon an outstanding bill for verification services. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Web Services E-Verify Employer Agent’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 Web Services E-Verify Employer Agent or Employer, or a failure on the part of either party 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. A Web Services E-Verify Employer Agent for 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 Web Services E-Verify Employer Agent must provide written notice to DHS. If the Web Services E- Verify Employer Agent 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 Web Services E-Verify Employer Agent agrees that E-Verify is not liable for any losses, financial or otherwise, if the Web Services E-Verify Employer Agent or the Employer is terminated from E-Verify. ARTICLE VII PARTIES A. Some or all SSA and DHS 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 Web Services E-Verify Employer Agent, its agents, officers, or employees. Company ID Number:72760 Client Company ID Number:1141164 Page 12 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 C. The Web Services E-Verify Employer Agent 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 Web Services E-Verify Employer Agent or 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 Web Services E-Verify Employer Agent or the Employer. E. The Web Services E-Verify Employer Agent 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, 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, the Web Services E-Verify Employer Agent and DHS respectively. The Web Services E-Verify Employer Agent understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Web Services E-Verify Employer Agent, as the case may be, 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, the Employer, and the E-Verify Employer Agent. Juice Technologies, Inc (Employer) hereby designates and appoints Ramulu Janne (E- Verify Employer Agent), including its officers and employees, as the E-Verify Employer Agent for the purpose of carrying out (Employer) responsibilities under the MOU between the Employer, the E-Verify Employer Agent, and DHS. Company ID Number:72760 Client Company ID Number:1141164 Page 13 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 If you have any questions, contact E-Verify at 1-888-464-4218. Approved by: Employer Name (Please Type or Print)Title Signature Date E-Verify Employer Agent ADP TotalSource, Inc. (GA) Name (Please Type or Print) Ramulu Janne Title Signature Electronically Signed Date September 28, 2018 Department of Homeland Security – Verification Division Name Title Signature Date Company ID Number:72760 Client Company ID Number:1141164 Page 14 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Information Required for the E-Verify Program Information relating to your Company: Company Name Juice Technologies, Inc Company Facility Address 350E. 1st Avenue Suite 210 Columbus, OH 43201 Company Alternate Address 350E. 1st Avenue Suite 210 Columbus, OH 43201 County or Parish Franklin Employer Identification Number 26-2368277 North American Industry Classification Systems Code Professional, Scientific, And Technical Services (541) Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 Company ID Number:72760 Client Company ID Number:1141164 Page 15 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: Ohio 1 Company ID Number:72760 Client Company ID Number:1141164 Page 16 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Tom Martin Phone Number (614) 507-3816 Fax Number Email Address tom.martin@plugsmart.com Company ID Number:72760 Client Company ID Number:1141164 Page 17 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Form 7: Vendor Submittal – Local Vendor Preference Affidavit (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) Collier County Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XV of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in Collier County or Lee County: 09/18/2018 by business tax receipt attached Number of Employees (Including Owner(s) or Corporate Officers): 42 full time, 6 part time Number of Employees Living in Collier County or Lee (Including Owner(s) or Corporate Officers): 5 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor’s submission being deemed not applicable. Vendor Name: Juice Technologies, Inc. dba Plug Smart Date: 5/16/2019 Address in Collier or Lee County: 1040 Collier Center Way, #12, Naples FL 34110 Signature: __Rich Housh __________________________________________ Title: Chief Executive Officer ________________________ 1.0 LOCAL VENDOR PREFERENCE (LVP) 1.1 The County is using the Competitive Sealed Bid methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08 establishing and adopting the Collier County Procurement Ordinance. 1.2 Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 1.3 Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmativel y state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrar y, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. 1.4 Competitive bid (local price match option). Each formal competitive bid solicitation shall clearl y identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lo west bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Procurement Services Division shall determine if the lo west local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug-free workplace programs). If the lo west local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Procurement Services Division shall invite the lo west local bidder to submit a matching offer, less one (1) dollar, within five (5) business da ys thereafter. If the lowest local bidder submits an offer that fully matches the lo west bid, less one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowe st non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. 1.5 Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. 1.6 A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. 1.7 The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements.