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Agenda 10/27/2020 Item #16C 1 (ITB #20-7723)16.C.1 10/27/2020 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") #20-7723, "Uninterrupted Power Systems," for preventative maintenance, to: LBS Power Technologies, Inc., as primary vendor, Facility Gateway Corporation, as secondary vendor, and Precision Power Services, Inc. as tertiary vendor; and, for on -call services, to: Eola Power, LLC, as primary vendor, LBS Power Technologies, Inc., as secondary vendor, and Fakouri Electrical Engineering, Inc. as tertiary vendor. OBJECTIVE: To provide emergency power to maintain the integrity and continuous operations of critical County owned and leased buildings. CONSIDERATIONS: Collier County operates numerous facilities including well sites, IQ pump stations, jail facilities, the Sheriff's special operations facility, and the Emergency Services Center as well as related computers and equipment all requiring continuous power. When the electrical system fails, it takes time before the back-up generators begin to operate. The Uninterrupted Power Systems provide power to facilities and equipment from the moment the electricity fails until the generators come online. The Facilities Management Division, along with other County Departments/Divisions, sought the services of a qualified company to furnish all necessary labor, materials, tools, equipment, supplies, consumables, maintenance, transportation, skills, and incidentals, and any other necessary accessories or services to perform preventative maintenance, repairs, and replacements of Uninterrupted Power Systems. On March 31, 2020, the Procurement Services Division released notices of ITB No. 20-7723, Uninterrupted Power Systems. The County notified 14,696 firms, 134 interested firms viewed the solicitation, and staff received seven (7) bids by the May 13, 2020 deadline. The County contacted the following bidders to resolve minor irregularities with their bid documents: Eola Power, LLC, Weissco Power, LLC, UP Systems of Florida Corporation and Precision Power, LLC. Staff originally sought to recommend an award based on a primary and secondary vendor basis to the lowest combined weighted total price for both preventative maintenance and on -call services. However, upon review of the bids, staff concluded that it is in the best interest of the County, to recommend awarding this ITB to the lowest preventative maintenance bidder on a primary/secondary/tertiary basis, and to the lowest on -call services bidder on a primary/secondary/tertiary basis. The attached proposed new agreements will replace the current County expiring agreement, "16-6640R Uninterrupted Power Systems." The County will continue to receive the services at a lower rate for preventative maintenance, resulting in a cost savings. The bid tabulation is based on a weighted multiplier on historical work assignments and estimated future services for each category. Packet Pg. 643 16.C.1 10/27/2020 The results of the bid tabulation for preventative maintenance are as follows: Company Name County State Preventative Maintenance (Weighted) Recommendation LBS Power Technologies, Inc. Martin FL $11,039.00 Primary Facility Gateway Corporation Dane WI $11,795.20 Secondary Precision Power Services, Inc. Hillsborough FL $12,977.00 Tertiary Eola Power, LLC Dade FL $15,618.00 UP Systems of Florida Corporation Pinellas FL $18,905.00 Fakouri Electrical Engineering, Inc. Orange CA $32,687.60 Weissco Power, LLC Hunterdon NJ $37,726.40 Based on the above bids received, staff is recommending the following award for preventative maintenance: (1) LBS Power Technologies, Inc., primary vendor, (2) Facility Gateway Corporation, as secondary vendor, and (3) Precision Power Services, Inc., as tertiary vendor. The results of the bid tabulation for on -call services are as follows: Company Name County State On -call Services (Weighted) Recommendation Eola Power, LLC Dade FL $32,395.00 Primary LBS Power Technologies, Inc. Martin FL $67,518.00 Secondary Weissco Power, LLC Hunterdon NJ $181,970.00 Declined Tertiary Fakouri Electrical Engineering, Inc. Orange CA $357,702.80 Tertiary Precision Power Services, Inc. Hillsborough FL $498,480.00 UP Systems of Florida Corporation Pinellas FL $497,240.00 Precision Power Services, Inc. Hillsborough F 1 $498,480.00 Facility Gateway Corporation Dane WI 1 $620,697.50 For on -call services, staff evaluated the proposed hourly rates with the current agreement and determined the County will have a savings in the hourly rates provided under the ITB solicitation. The bid tabulation is based on a weighted multiplier on historical work assignments and estimated future services for each category. Based on the above bids received, staff is recommending the following award for on -call services: (1) Eola Power, LLC., as primary vendor, (2) LBS Power Technologies, Inc., as secondary vendor, and (3) Fakouri Electrical Engineering, Inc. as tertiary vendor. Bidder Weissco Power, LLC actually submitted the third lowest bid but declined to provide on -call services as tertiary provider, so staff contacted the remaining third -lowest bidder, Fakouri Electrical Engineering, Inc., who agreed to provide on -call services as a tertiary provider. The attached proposed agreements are for a three-year term with an option to renew with two, one-year renewal terms. FISCAL IMPACT: The expected annual cost of this Agreement is approximately $240,000. This amount will increase should other facilities or equipment be added to the County during this agreement. Other County Departments/Divisions may use this contract based on their available budget. The source of Packet Pg. 644 16.C.1 10/27/2020 funds is the Unincorporated General Fund (Fund 001) for Facilities Management Division, Radio Communications Program Fund (Fund 188) for Information Technologies Division, and Water- Sewer District Operating Fund (Fund 408) for the Public Utilities Department. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award Invitation to Bid #20-7723, "Uninterrupted Power Systems," for preventative maintenance, to: LBS Power Technologies, Inc., as primary vendor, Facility Gateway Corporation, as secondary vendor, and Precision Power Services, Inc. as tertiary vendor; and, for on -call services, to: Eola Power, LLC, as primary vendor, LBS Power Technologies, Inc., as secondary vendor, and Fakouri Electrical Engineering, Inc., as tertiary vendor, and authorize the Chairman to sign the attached agreements. Prepared by: Juan Delgado, Operations Analyst, Facilities Management Division ATTACHMENT(S) 1.20-7723 Solicitation (PDF) 2.20-7723 NORA (PDF) 3.20-7723 Bid Tabulation (PDF) 4.20-7723 Precision Proposal (PDF) 5.20-7723 PrecisionPowerServices_Insurance 9-15-20 (PDF) 6.20-7723 PrecisionPowerServices_VendorSigned(PDF) 7.20-7723 LBS Power Proposal (PDF) 8.20-7723 LBSPowerTechnologies_Insurance 9-21-20 (PDF) 9.20-7723 LBSPowerTechnologies_VendorSigned(PDF) 10. 20-7723 Fakouri Proposal (PDF) 11. 20-7723 FakouriElectrical VendorSigned (PDF) 12. 20-7723 Facility Proposal (PDF) 13. 20-7723 FacilityGatewayCorp_Insurance 9-11-20 (PDF) 14. 20-7723 FacilityGatewayCorp_VendorSigned (PDF) 15. 20-7723 Eola Proposal (PDF) 16. 20-7723 EolaPower Insurance 9-18-20 (PDF) 17. 20-7723 EolaPower VendorSigned (PDF) 18. 20-7723 FakouriElectrical_Insurance 9-24-20 (PDF) Packet Pg. 645 16.C.1 10/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doe ID: 13486 Item Summary: Recommendation to award Invitation to Bid ("ITB") #20-7723, "Uninterrupted Power Systems," for preventative maintenance, to: LBS Power Technologies, Inc., as primary vendor, Facility Gateway Corporation, as secondary vendor, and Precision Power Services, Inc. as tertiary vendor; and, for on -call services, to: Eola Power, LLC, as primary vendor, LBS Power Technologies, Inc., as secondary vendor, and Fakouri Electrical Engineering, Inc. as tertiary vendor. Meeting Date: 10/27/2020 Prepared by: Title: — Facilities Management Name: Kathleen Sibert 09/21/2020 4:09 PM Submitted by: Title: Director - Facilities Management — Facilities Management Name: Damon Grant 09/21/2020 4:09 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Procurement Services Viviana Giarimoustas Additional Reviewer Facilities Management Damon Grant Director - Facilities Procurement Services Sandra Herrera Additional Reviewer Procurement Services Evelyn Colon Additional Reviewer Public Utilities Operations Support Joseph Bellone Additional Reviewer Public Utilities Department Dan Rodriguez Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Laura Wells Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Budget and Management Office Ed Finn Additional Reviewer County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/21/2020 5:05 PM Completed 09/22/2020 9:00 AM Completed 09/22/2020 12:44 PM Completed 09/23/2020 9:55 AM Completed 09/24/2020 8:31 AM Completed 09/25/2020 12:06 PM Completed 09/28/2020 11:32 AM Completed 09/28/2020 2:36 PM Completed 09/29/2020 6:52 PM Completed 09/30/2020 4:19 PM Completed 09/30/2020 4:30 PM Completed 10/01/2020 9:09 AM Completed 10/02/2020 8:56 AM Completed 10/02/2020 5:32 PM Completed 10/19/2020 11:08 AM Packet Pg. 646 16.C.1 10/27/2020 Board of County Commissioners MaryJo Brock Meeting Pending 10/27/2020 9:00 AM Packet Pg. 647 16.C.1.a Collier County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR UNINTERRUPTED POWER SYSTEMS SOLICITATION NO.: 20-7723 VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8375 Viviana.Giarimoustas@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 648 16.C.1.a SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 20-7723 PROJECT TITLE: UNINTERRUPTED POWER SYSTEMS DUE DATE: Wednesday, May 13, 202010:00 AM EST PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: hLtps://www.bidsyne.com/bidsyne-cas INTRODUCTION As requested by the Facilities Management Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $240,000.00 per annual fiscal year; however, this may not be indicative of future buying patterns. It is anticipated, based on increased needs, that the approximate annual spend will increase each Fiscal Year. This amount will be based on available budgets by the County Departments and/or Divisions. The vendor(s) awarded in this agreement will have the ability to utilize subcontractors for work even with proprietary items. BACKGROUND Collier County Divisions are responsible for maintaining the Uninterrupted Power Supply (UPS) units / systems in various County owned and leased buildings throughout Collier County. This also includes the battery maintenance and battery replacement. In order to maintain the integrity and continuous operation of these systems, the County intends to award a contract to perform: 1. Preventative maintenance inspection services for units and batteries; 2. Provide labor and parts for routine repair services for units and batteries; and, 3. Provide labor and parts for on -call repair services for units and batteries. 11 TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows: ➢ The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. 3, Q Packet Pg. 649 16.C.1.a ➢ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below: m • Lowest combined weighted total price for both Preventative Maintenance Inspection Services and On- +° Call Services d ➢ Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for Q. quoting, or other options that represents the best value to the County; however, it is the intent to: o Jq • Award to a Primary and Secondary ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. vi E ➢ The County requests that the vendor submit five (5) completed reference forms from clients (during the past 5 years) whose >% projects are of a similar nature to this solicitation as a part of their proposal. See reference questionnaire form. co L Lowest Cost per Service: Should the County award to two separate contractors (one contractor for Preventative Maintenance d o Inspection Services and one contractor for On -Call Services), each service will be calculated independently of the other and a awarded to the responsive and lowest Contractor's TOTAL WEIGHTED PRICE for each service. d • Preventative Maintenance Inspection Services 0 • On -Call Services � Lowest Cost for both Services: Should the County award to one contractor for both services (Preventative Maintenance Inspection Services and On -Call Services), each service TOTAL will be weighted by the following weighted multiplier: • Preventative Maintenance Inspection Services x 38% = Weighted TOTAL ai N ti • On -Call Services x 62% = Weighted TOTAL N Note: the weighted multiplier is a representative multiplier of the estimated future services in each category. The weighting is for Z evaluation purposes only. pp H DETAILED SCOPE OF WORK L It is the intent of the County that the UPS systems experience minimal down time; therefore, primary shall respond within eight (8) hours from the time the notice is issued, if the primary does not respond within the timeframe the County will proceed with the secondary vendor. While the County intends to use the Contractor(s) awarded as a part of this solicitation, the County reserves the right, at any time to request additional quotes or bids from other contractors (per the Board's Procurement Ordinance). Bidder shall provide preventative maintenance inspection services, repairs services, urgent and on -call repair services including, but not limited to Emerson systems, Liebert systems, Eaton systems, APC systems. In the event the bidder is only able to work on one of these systems, this may not preclude the bidder from being awarded a contract. Bidder's response shall include notation of any above referenced systems the Bidder is not qualified to service. Services shall include, but not limited to: 1. Battery replacement / installation to 2. Battery preventative maintenance M 3. UPS replacement / installation 4. UPS preventative maintenance c Bidder(s) may be required to use to the County's Work Management procedures, such as utilizing work order forms or future online work order system, at no additional cost to the County or Contractor. The Contractor will be responsible for utilizing any systems used by the County for work orders under the resultant agreement. 6 0 co All bidders must provide requested certifications and licenses necessary to perform the services outlined in the bid specifications. N ti The awarded Contractor(s) shall use qualified technicians to complete all work in accordance with the Manufacturer's guidelines to c satisfy the requirements specified in the bid. Technician credentials may be requested by the County. N c A. PREVENTATIVE MAINTENANCE z The preventative maintenance covered by this scope of work includes (all inspections or processes may not be applicable to all M equipment types or models): Q Packet Pg. 650 16.C.1.a 1. Visual Inspections: a. Inspect all printed circuit board connections for cleanliness, swab contacts if necessary; b. Inspect all power connections for signs of overheating; c. Inspect all subassemblies, bridges, and legs for signs of component defects or stress; d. Inspect all DC capacitors for signs of leakage; e. Inspect all AC capacitors for signs of leakage; f. Inspect and inventory all customer -owned spare parts; g. Inspect for and perform, as required, any open engineering changes; h. Inspect insulation, overheating, and physical damage; and i. Inspect battery monitoring system. 2. Internal Operating Parameters: a. Control calibrations — check / adjust, as necessary; b. DC Ground Detection Offset, if applicable; c. Inverter leg current average phase balance, if applicable; d. Output filter current average phase balance; e. Rectified bridge current average leg balance; f. AC Protection settings are checked; g. DC Protection settings are checked; h. Calibrate and record all electronics to system specifications; i. Input and Output Frequency and Voltage Bandwidth settings are checked; j. Verify DC filter capacitance; k. Verify AC tank and trap filter capacitance including balancing of items; 1. Power Supply voltages and waveforms; M. Update firmware as necessary with written approval by an appropriate County Representative (parts if required are included at no charge with full parts coverage if the equipment is under warranty. If there is no service agreement, the parts may be billed at actual cost with 10% mark-up. n. Evaluate Field Service Bulletins (FSBs) for potential updates (parts if required are included at no charge with full parts coverage if the equipment is under service agreement. If there is no warranty, the parts may be billed at actual cost with applicable 10% mark-up. 3. External Operating Parameters: a. System Input Voltages, all phases; b. System Input Currents, all phases; c. DC Charging Voltages (float and equalize), record settings, and adjust to nominal; d. Rectifier phase on and walk-up; e. Inverter phase on and walk-up; f. Adjust all panel meters to measured values; g. System Bypass Voltages, all phases; h. Manual and UV Transfer Testing, verify uninterrupted transfer waveform, if applicable; i. Outage Simulation, batter capability testing, and verify charger current limit; and 3, c 0 r c� r .2 0 M N 1- ti 0 N c m E z c� a Packet Pg. 651 16.C.1.a j. Generator operation and interface verification, if applicable. 4. Environmental Parameters: a. UPS area ambient temperature and condition of ventilating equipment; b. General Cleanliness of UPS Power Module; c c. General Cleanliness of UPS area; d d. Replace air filters as applicable and necessary (parts if required are included at no charge with full parts coverage o if the equipment is under Service Agreement. If there is no warranty, the parts may be billed at actual cost with applicable mark-ups as quoted on the Bid Schedule); U e. Clean outside of UPS including control panel/CRT screen; and m co 5. Battery Cabinet Checks: L m a. General appearance of battery systems (all types); c a b. General cleanliness of batter system areas (all types); d c. Verify the integrity of the battery rack/cabinet; 0 L d. Inspect all DC connections for abnormalities; L c e. Inspect cells for physical abnormalities; f. Check batter for current limits, input limits, overload levels, and over temp circuits; g. Check for corrosion on battery terminals and connectors; N ti h. Clean batteries as necessary; N i. Verify proper torque on connections; 0 Z j. Verify the condition of the ventilation equipment, if applicable; m k. Check the appearance of the battery room, if applicable; E 1. Battery system area ambient temperature and condition of ventilating equipment; and M 0 in. For internal batters only — measure and record: 0 i. Overall battery float voltage; ii. Charger output current and voltage; m iii. Negative terminal temperature of one cellibattery per battery cabinet shelf or rack tier; and E E iv. Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330). 2 6. Monitoring System Parameters: a. Alarm archive review and printing; b. Alarm lamp test -local and remote, if applicable; c. Replace all open monitor bulbs; d. Inspect battery monitoring system; and e. Review battery test in history, if applicable. 7. Circuit Breakers / Isolators: a. Check capacitors for swelling or leaks; b. Verify free travel; and c. Check magnetic / thermal settings. 8. Additional Items: a. Synchronizing verification: i. Utility Sync and Transfer to bypass; Packet Pg. 652 16.C.1.a ii. Transfer from bypass to UPS; iii. Verify voltage and phase lockout; and iv. Verify static bypass operation. b. Fuses need verified for type, value, and condition; c. Power Measurements (on-line): i. Output RMS current (Phase and Neutral); and Q. ii. Output Peak current (Phase and Neutral). Jo d. Cleaning/Air Flow — check fans, doors, and compartment seals y E i. Replace filters; and +; ii. Clean Module. o' co e. Clean normal cell dirt/dust accumulation, when possible. L m 3 f. Battery recycling is required and shall be included in the pricing. a g. Check nuts, bolts, screws, and connections for tightness and heat discoloration. 13 a h. Operational testing of the system including unit transfer and battery discharge. 9. General: m c a. Customer consultation; b. Verbal recommendations; and c. General observations. N ti Following the preventative maintenance inspection, a written report / check list will be provided to the appropriate County 0 N Representative detailing the results of the inspection, services completed, and making specific recommendations for future remedial z action, upgrades, etc. m H Preventative maintenance on each unit / system / battery is required to be completed in accordance with the Manufacturer's recommendations. Preventative maintenance will be billed by item serviced. Actual records must be provided for payment. These 3 records will include but not be limited to: a summary spreadsheet for each unit serviced with the date of service and an attestation signed by the awarded Contractor(s). w Typically, preventative maintenance will be completed during normal business hours, Monday - Friday 7:00am — 5:00pm; however, _ g the County may request preventative maintenance during off -hours, as deemed necessary by the County representative or designee. A surcharge will be allowed for off -hours preventative maintenance, when approved in writing by the County representative or designee. Equipment Manufacturer Service Plans offered from the Manufacture may be added as a separate "turnkey" item for specific units, as E needed by County Divisions. When these services occur, a quote following the pricing methodology of the solicitation will be 0 requested from the awarded Contractor(s). B. ON -CALL SERVICES (for regular and urgent equipment maintenance, repair, and replacement identified in the scope of w work)M The two types of maintenance, repair, and replacement services required are: • Regular Repair Work: Regular repair work is work that is performed during normal business hours Monday - Friday 7:00am — 5:00pm excluding County recognized holidays. The County representative or designee will provide a scope of work to be performed by the Contractors and request that a "time and materials" or quote be provided. The quote shall be provided to the appropriate County Representative within two (2) business days U) unless otherwise agreed to. The Contractor will commence the quoted work upon receipt of an approved N purchase order from the County representative or designee. Contractor shall complete the regular repair work ti within two (2) business days, unless otherwise directed by the County representative or designee. In the event that N the Contractor does not fulfill these response requirements, the County reserves the right to contact other Contractor(s) to perform the scope of work. _ m E • Urgent Repair Work: Urgent repair work is work that is specifically requested and approved in writing by an 0 appropriate County Representative for work to be performed outside of normal business hours. The County Q representative or designee will identify the needed maintenance, repair and replacement for the life, health, safety or equipment/facility urgent and request a "Time and Material" quote based on urgent rates on the Bid Schedule. The County representative or designee may direct the Contractor to commence work through a verbal direction; Packet Pg. 653 16.C.1.a and a purchase order will be issued to the Contractor as soon as possible. If any repair is deemed urgent, all parts must be shipped overnight, and repairs are to start immediately upon the part being received. Overnight charges must be shown as a separate line item on the invoice and proof of the charges shall be attached to the invoice. Failure to show proof of overnight charges my delay payment. m The approved purchase order will contain the job specific scope of work. The County representative or designee reserves the right to specify: the period of completion. d C. QUOTES • "Time and Material" Quotes shall provide: 1. The expected number of work hours by each position times the hourly rate and the extended total; Jq 2. The breakdown of the cost for supplies, parts and any rental equipment used for the scope of work. The y Contractor must provide copies of receipts with their invoice. m D. INVOICING >% co 1. Invoices shall include copies of receipts for supplies/materials, expedited shipping charges and equipment L 3 rental and copies of subcontractors itemized invoice(s). Contractor invoices shall include number of hours o worked and hourly rate by position as quoted on the bid schedule. Mark-up percentages (where applicable) a 13 per the bid schedule. The County reserves the right to request copies of timekeeping or payroll records. d 2. Expedited shipping charges will be allowed if the expedite was approved by an appropriate County a Representative. Expedited freight/shipping charges will be paid at cost. No mark-up will be allowed for freight or shipping charges. A copy of the freight/shipping invoice must be attached to the Contractors invoice. 3. Invoice shall reference Purchase Order number, location where work was performed, date(s) work was performed and completed. The following invoice lines (where applicable): a subtotaled line for cost of material and supplies, a line for the mark-up percentage for the material and supplies as quoted on the bid schedule, a line for hourly rate x number of hours (subtotaled), a line for total subcontractor charges, a line for mark-up for subcontractor charges, a line for expedited shipping charges. Invoice shall be totaled. Failure to attached copies of receipts and subcontractor invoices may delay and/or prevent proper payment. E. CONTRACTOR RESPONSIBILITIES is 3 The Contractor(s) awarded for preventative maintenance inspection services, repair services, urgent and for regular on -call services M will provide: o 1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and incidentals o required for the preventative maintenance inspection services, repairs, and on -call services for the County's m systems. Except as noted herein, travel, fees and surcharges will not be accepted in conjunction with this c contract, and such charges should be incorporated into the pricing structure. A contractor will not be E allowed to bill for administrative hours. E 2. All work shall be a "turnkey" operation to include all repairs, site clean-up and restoring the work area to 0 its original condition. The resultant contract provides for any services deemed necessary to complete the job, through means of Contractor(s) in-house expertise or sub -contracted work as needed (back-up documentation will be required for sub -contracted work). The Contractor(s) shall ensure that all areas and v equipment (i.e. UPS units and systems, batteries, etc.) be kept clean and free from dirt, dust and debris. ch 3. Where necessary, work shall include proper permitting, as required, and the Contractor(s) shall be responsible for permit submissions, unless otherwise instructed by the County. Permit fees may be included o as a line item on invoices/quotes with no markup. 4. The Contractor(s) shall maintain a sufficient number of qualified personnel to accomplish the County's work schedule. 'o 5. Time is of the essence with respect to all provisions within the contract. Any delay in performance, not N approved in writing by an appropriate County representative shall constitute a material breach of the N contract. ti 6. The Contractor will use technicians who are trained and experienced with brands serviced. A qualified N engineer (with all related licenses and certifications being current and in full force and effect) with the experience and ability to "pull" all permits required for any and all system renovations, when necessary and applicable. E F. RESPONSE TIME Q 1. Urgent response shall be provided within four (4) hours from the time notice is issued from the County. Repairs shall begin within twenty-four (24) hours of the initial call unless otherwise agreed by the County. Packet Pg. 654 16.C.1.a 2. Regular response shall be within two (2) business days from the time the notice is issued from the County. Repairs shall begin after the Contractor is in receipt of an approved purchase order from the County. G. CALL SCHEDULE Contractor(s) awarded will provide an on -call schedule twenty-four (24) hours a day, seven (7) days per week, 365 days per year. Successful bidder(s) shall provide the County with an on -call telephone number(s) for standard, technical, and urgent services. c d H. REPLACEMENT /REPAIR PARTS a) All replacement / repair parts must be approved by an appropriate County Representative and be of genuine and original 0. manufacturer's parts. The Contractor(s) will be required to provide proof of the Original Manufacturer's parts through providing �p invoices or photographs at the time of invoice submission. vi The Contractor(s) shall be required to expressly warrant that all replacements are new and free from defects, warranted for their m merchantability and meet the performance specifications of the original equipment for one year from installation. In the event a portion, or all of an order, is found to be defective when delivered and/ or installed, the Contractor shall immediately replace the CO equipment at no cost to the County. 3 0 I. WARRANTIES a All new equipment warranty work shall be provided by the original warranty supplier. All warranty responsibility for previously d purchased, but still under warranty, equipment will continue to be provided by the original warranty supplier until expiration of the 0- 0 warranty period. Upon expiration of the warranty period, responsibility for maintenance shall automatically transfer to the Contractor, unless otherwise directed by the County representative or designee. All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty item, the Contractor shall notify the County representative or designee, who will then have the responsibility of placing and tracking the warranty trouble call with the ri warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty trouble call to the County N representative or designee shall be provided by the Contractor at no additional cost to the County. c N Parts, replacement parts, and fixtures shall be new and warranted for a minimum of one (1) year, or the maximum allowed by the c manufacturer. All labor for repairs shall have a minimum ninety (90) day warranty. Z 00 J. ADDITIONS AND DELETIONS OF EQUIPMENT ~ The County reserves the right to add or to delete any system equipment from service provided under this Contract as described herein, E M upon written notification by the County designee to the Contractor via an internal issued addendum. 3 The County, or designee, shall attempt to provide advanced notice to the Contractor of all additional and/or new equipment; however, should Contractor's personnel receive a maintenance or repair call and records show that the individual piece of equipment is not inventoried or covered by this Agreement, the Contractor personnel will perform repairs as if equipment was covered by this Agreement and shall notify the County designee. Equipment removed shall not be billed for the month of removal. Any prepaid coverage fees will be refunded at a pro-rata amount to the County in the form of a credit on the subsequent billing. K. RECORDS AND DOCUMENTATION The Contractor(s) is responsible to maintain and update records for each type of equipment serviced. The documentation will include, ao and not be limited to, records of all service calls, preventative maintenance performed, and any system modifications, if applicable. The Contractor(s) will maintain a service log at the site of each piece of equipment maintained. The Contractor(s) will not charge for any call back work. All recovery reports shall be sent to the County Representative, or their designee, noting date, type, quantity, 0 location, and disposal information. .2 L. INSPECTIONS 0 The County and the Contractor(s) may conduct an inspection of the completed services provided in response to any resulting purchase y order. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected 04 within 24 hours after receipt of notification, at the Contractor's expense. 0 N If the Contractor(s) fails to correct the defects within this time frame, the County shall be entitled to have the work remedied, charge a c deduction / fine (see Section M - Performance Measures), and the Contractor(s) shall be fully liable for all costs and expenses E reasonably incurred by the County. E c� M. PERFORMANCE MEASURES Q The Contractor shall maintain compliance with the following performance measures: 1. The Contractor(s) shall provide 100% of all required reports and records within the time frame specified to the County, or their designee. Packet Pg. 655 16.C.1.a 2. The Contractor(s) shall advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above -outlined performance measures. 3. The Contractor(s) shall furnish all necessary labor, tools, equipment and services to perform contracted services specified in the contract. m 4. The County shall have the immediate right to complete the work to its satisfaction, through the use of >_ County employees or outside contractors as deemed necessary, the total sum of the County employee's hours and materials cost(s) and/or outside vendor invoices shall be immediately deducted from the d Contractor's invoice. d Q. N. CLEAN-UP The Contractor(s) shall be responsible for removing all debris from the site and cleaning affected areas. The Contractor(s) shall keep the premises free of debris and unusable materials resulting from their work or upon request by the County's representative. The E Contractor(s) shall leave all affected areas as they were prior to beginning work. There will be no cost to the County for clean-up. °) a O. EOUIPMENT INVENTORY CO The Contractor(s) shall, under no circumstances, remove any equipment containing a County asset sticker. The Contractor(s) shall `m request that, when replacing equipment, the asset sticker be removed by an appropriate County staff member authorized to adjust p equipment inventory records. a d P. SURVIVABILITY CLAUSE =- 0 The Contractor(s) agree, will honor, and finish work for any purchase order that extends beyond the expiration date of the original m solicitation and/or contract. These purchase orders will survive and remain subject to the terms and conditions of the agreement until the completion or termination of the purchase order. Packet Pg. 656 DocuSign Envelope ID: 4DE332E5-B7F3-481E-AOE5-EE50BD3C55BCA2v% Collier C01.14ty Administrative Services Department Procurement Services Division Notice of Recommended Award Solicitation: 20-7723 Title: Uninterrupted Power Systems Due Date and Time: 5/13/2020 10:00 AM 16.C.1.b Respondents: Company Name County State Preventative Maintenance (Weighted) On -Call Services (Weighted) Responsive/ Responsible LBS Power Technologies Inc. Martin FL $11,039.00 $67,518.00 Yes/Yes Facility Gateway Corporation Dane WI $11,795.20 $620,697.50 Yes/Yes Eola Power LLC. Dade FL $15,618.00 $32,395.00 Yes/Yes Weissco Power LLC. Hunterdon NJ $37,726.40 $181,970.00 Yes/Yes Fakouri Electrical Engineering Inc. Orange CA $32,687.60 $357,702.80 Yes/Yes Precision Power Services Inc. Hillsborough FL $12,977.00 $498,480.00 Yes/Yes UP Systems of Florida Corporation Pinellas FL $18,905.00 $497,240.00 Yes/Yes Utilized Local Vendor Preference: Yes I I No Recommended Vendor(s) For Award: On March 31, 2020 the Procurement Services Division released notices of Invitation to Bid 20-7723 Uninterrupted Power Systems. 14,696 firms were notified, 134 firms viewed the bid information and seven (7) bids were received on May 13, 2020. Eola Power LLC. was contacted to resolve a minor irregularity on the insurance form. Precision Power Services was contacted for a minor irregularity of missing requested forms. The following vendors have minor irregularities Weissco Power LLC., Precision Power Services Inc., and UP Systems of Florida Corporation. Award was originally established on a primary and secondary basis to the lowest combined weighted total price for both preventative maintenance and on -call services. However, in the best interest of the County, staff is recommending award to the lowest preventative maintenance on a primary/secondary/tertiary basis and a separate award to the lowest on -call services on a primary/secondary/tertiary basis. Weissco Power LLC. declined to provide tertiary services for on -call and the subsequent lowest provider Fakouri Electrical Engineering Inc. was contacted. Staff recommends the following award: Preventative maintenance to LBS Power Technologies Inc. as primary, Facility Gateway Corporation as secondary, and Precision Power Services Inc. as tertiary. For on -call services, Eola Power LLC. as primary, LBS Power Technologies Inc. as secondary, and Fakouri Electrical Engineering Inc. as tertiary. Required Signatures Project Manage DocuSigned by: Juan Delgado 5UA�t. J.b 8/12/2020 39618C ��Q$g�yned by: Procurement Strategist: Viviana Giarimoustas �' "'""Q �"�`� 8/12/2020 B61 CD1939D0941 E_ Packet Pg. 657 DocuSign Envelope ID: 4DE332E5-B7F3-481E-AOE5-EE50BD3C55BC 16.C.1.b LLGgalg6i Services Director: S. H Sandra Herrera 8/12/2020 Date Packet Pg. 658 poldnijejuium, 'CZLL-OZ'ON 1311 PJBmu 04 UOI;BPUGWWOOGN : 99-PEO uoi;elnqB-L p!13 CZLL-OZ:4uGwt13BUV \\\ \\(f |��| �� E|. `�� |��| ` �� |��| \� �0111111 Immumoull |ME11111 2111111019, Immummull |M011111 �M 1111111w Immummum |ME11111. |��. |�� 1111111 IM0181110 IME11111-d 1111110 Immunnum I |ME1111 11111111 SEEN |�� | 11-11 �M6 : � ��|�� | ..�} : �� ■�`}\\\ 16.C.1.d 20-7723 Uniterrupted Power Systems Bid Schedule Provide hourly rates for the positions below. Material mark-up shall be strictly 10% and subcontractor mark-up is 15%. Position Unit of measure Unit Price After Hours and Holidays Supervisor per hour $250.00 $300.00 Licensed Journeyman per hour $250.00 $300.00 Apprentice per hour $250.00 $300.00 Engineering/Design per hour $250.00 $300.00 Provide prices for preventative maintenance inspection. To be considered for an award for this category, the contractor must enter a price for items 1- 5. Item System Description A B Total (Multiply Column A by Column B) Weighted Multiplier Price per Unit 1 0 - 20 KVA 18 $300.00 $5,400.00 2 21 - 40 KVA 41 $350.00 $14,350.00 3 41 - 80 KVA 18 $400.00 $7,200.00 4 Greater than 81 KVA 13 $400.00 $5,200.00 5 1 Off -hours surcharge 1 10 $200.00 $21000.0) 6 Preventative Maintenance Inspection TOTAL $34,150.00 Price for On -call Services: to be considered for an award, the contractor must enter a price for items 7 - 12 below. Items 7 - 12 below are being used strictly for evaluation purposes, as general examples of work, and are not specific requests for work. A B Total Item System Description Weighted (Multiply Column A by Multiplier Price per Unit Column B) Typical Scope of Work Under $1,000: The following issues have been found for a unit and needs to be addressed -Replace burned battery wiring found on inspection 7 needing replace -Replace loose battery terminal connections found on inspection 20 $200.00 $4,000.00 needing replacement Typical Scope of Work Between $1,000 and $3,000: -Replace low reading battery 8 found on inspection -Replace bad diodes, capacitors, SCR's or fuses found during 15 $1,000.00 $15,000.00 inspection Typical Scope of Work Between $3,000 and $20,000: -Replace worn or damaged 9 controls found during inspection -Replace bad printed circuit board -Replace logic 45 $3,000.00 $135,000.00 power supplies Typical Scope of Work Between $20,000 — 40,000: -Replace full bank of batteries 10 due to weak batteries or longevity replacement recommendation from UPS 10 $20,000.00 $200,000.00 manufacturer Typical Scope of Work Between $40,000 and $50,000: 11 -Full turnkey UPS System replacement 5 $40,000.00 $200,000.00 Typical Scope of Work $50,000 +: 12 -Full turnkey UPS System replacement 5 $50,000.00 $250,000.00 13 On -Call Services TOTAL $804,000.00 Category I Wei hted Total Preventative Maintenance $34,150.00 38 % $ 12,977.00 ll Services $904,000.00 62% $ 498,480.00 Total W $ 511,457.00 Packet Pg. 660 16.C.1.d colter C07412ty Administrative Services Deparhtient Prowrement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. Vendor should checkoff each of the following items: 0 General. Bid Instructions, has been acknowledged and accepted, Q Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. ❑ Form 1: Vendor Declaration Statement ❑ Form 2: Conflict of Interest Certification ❑ Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with Your submittal. [} Vendor MAST be enrolled in the E-Verify - https://www.e-verify.gov/ atthetime of submission of the proposal/bid. ❑ Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE ❑ E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. ❑ Form 4: Certification for Claiming Status as a Local Business, if applicablehas been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. ❑ Form 5: Reference Questionnaires form MUST be utilized for each required reference and included with your submittal, or you MAY be DEEMED NON -RESPONSIVE. ❑ Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. ❑ Vendor W-9 Form. ❑ Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. ❑ The Bid Schedule has been completed and attached with your submittal, applicable to bids. ❑ Copies of all requested licenses and/or certifications to complete the requirements of the project. ❑ All addenda bave been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. ❑ County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. ❑ Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. ('•'UPDATE;DJANLfA packet Pa. 661 16.C.1.d Additional Contact information Send payments to: (required if different from Company name used as payee above) Contact name: Christopher Herz Title: President Address: 3959 Van Dyke Rd. Suite #230 City, State, ZIP Lutz, FL Telephone: 727-376-6400 Email: cherz@precisionups.com Office servicing Collier County to place orders (required if different from above) Contact name: Title: �y ' S" /i e-.Oy- Address: City, State, ZIP Telephone: Email: ;-.UPDA'CEDJANU Packet Pg. 662 16.C.1.d Ca -1 r Cou ty Administrative Services Department Procurement Services Division Form 1: 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 hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. 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 work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this I I day of _August_ 20_20_ in the County of Hillsborough County_, in the State of Florida_ Firm's Legal Name Precision Power Services, Inc. Address: 3959 Van Dyke Rd. Suite #230 City, State, Zip Code: Lutz, FL 33558 Florida Certificate of Authority Document Number Fedezat Tax. Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: 20-2450576 -v uATE'DJ NIJ packet Pg. 663 16.C.1.d comer 0014.*1ty Administrative Services Deparbnent Procurement Services Division Form 2: Conflict of Interest Certification 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 perfortuurnce of itself or a competitor, which cal is into question the contractor's ability to render impartial advice to the government. Unequal access to information — The fine 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 bestof their knowledge and belief, all relevant facts ooncerning 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. Precision Power Services, Inc. Company Name Signature Christopher Herz President Print Name and Title State of UCH County of , The foregoing instrument was acknowledged before me by means of 14''physical presence or O online notarization, this s?,M day of Xy,j r (mood), (name of person acknowledging). 2�, Personally Known OR Produced Identification (S Public • State of Florida) GC?—1 A /l. . ac,6 (Print, Type, or Stamp Commissfafted Name of Notary Public) Qnrr r IrCD E M___ LLAGHERlei Type o Identification Produced State of Florida# GG 357949es Aug 26, 2023nal Notary Assn. j'RB" I ... uPDATInaAty Packet Pg. 664 16.C.1.d coi[ier County Administrative Services Department Prommment Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www.e-verify.,ov/), at the time of the submission of the Vendor's proposaUbid. Acceptable evidence of your enrollment 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 which will be produced at the time of the submission of the Vendor's proposallbid or within five (5) day of the County's Notice of Recommend Award, FAILURE TO EXECUTE THIS AFFtDAVTT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S 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 ale) 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/bid. Precision Power Services, Inc, Company NNa�m,.e••-- 03ignature Christopher Herz President Print Name and Title State of Ffcp- it County of The foregoing instrument was acknowledged before me by means of 015hysical presence or O online notarization, this L2_j� day of (month), 2Q2(year), by (kp��t. (name of person acknowledging). •--�(S��i�gnatur(ee f JNotary Public - State of Florida) VOI00 t J`L/ lOJ/ICJ (Print, Type, or Stamp Commis o ed Name of NotaryPublic) Personally Known rOR Produced Identification ELN& icLOA �. JOHN:GALLAGHER Type of Identificatiion Pro uced �°rNotary Publitate of Florida' ` commissiGG 357949 '`MyComm. Es Aug 26, 2023Bonded through Nnal Notary Assn. "'UPDATEDJANu Packet Pg. 665 &PPS 16.C.1.d Precision Power Services, Inc. 3959 Van Dyke Rd., Suite 230 • Lutz, Florida 33558 Tel (727)376-6400 • Fax (727)376-6700 • Email. florida@precisionups.com http://Wwwprecisionups.com August 11, 2020 References 1. Seminole County a. Name of client: Seminole County b. Location 180 Eslinger Way Sanford, FL 32771 c. Client contact name: Steve Bateman d. Contact phone: (407) 665-1030 e. Contact email: Bateman, Steve <sbateman@seminolecountyfl.gov> f f) Service dates (Start/End) 6-28-25 thru 8-31-20 2. Hillsborough Tax Collector a. Name of Client: Hillsborough County Tax Collector b. Location: 601 East Kennedy Ave, Tampa. FL 33632 c. Client Contact Name: Andy Ball d. Contact Phone: 813-612-6720 e. Contact Email: Andy Ball ball@hillstax.org f. Service Dates: 12-12-06 thru 12-12-20 3. Dade City a. Name of Client: Dade City IT b. Location East Pasco Government Center, 14236 6tn Street, Dade City, FL 33523 c. Client Contact Name: Matt Mohler d. Contact Email: Mohler, Matt <mmohler@pascoclerk.com> e. Service Dates: 6-10-06 thru 6-12-21 Respectfully submitted, Christopher Herz Sales Support Precision Power Services, Inc. Packet Pg. 666 16.C.1.d Administrative Services Division Procurement Services Date: April 13, 2020 Email: Viviana.Giarinioustas@coiIiercountyfl.gov Telephone: (239) 252-8375 Addendum 1 From: Viviana Giarimoustas, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation 20-7723 Uninterrupted Power Systems 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. Excel attachment LIPS Sample Equipment List has been added. Note: This list can be used as an example of the current equipment, however it is not inclusive of all equipment at this time. If you require additional information please post a question on our Bid Sync (www.bidUnc.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) L"', f/ Date Precision Power Services, Inc. (Name of Firm) Packet Pg. 667 PREC199 16.C.1.d '4 Ro CERTIFICATE OF LIABILITY INSURANCE DATE( nzi1 9mmn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW HIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS W IVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 813-251-2580 CONTACT Maureen Love NAME: Shea Barclay (Tampa) PHONE 813-251-2580 FAX 813-251-2585 Mike Shea (A/C, No, Ext): (A/C, No): 501 E. Kennedy Blvd, #1000 E-MAIL Tampa, FL 33602 ADDRESS: Maureen Love INSURED Precision Power Services Inc 3959 Van Dyke Rd, Ste 230 Lutz, FL 33558 Travelers 119038 .. Travelers 119038 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM DD POLICY EXP DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 6803962C4512042 03/27/2020 03/27/2021 EACH OCCURRENCE $ 1,00( PREM SES A AGE ToEa occuRETEence) $ 300,1 MED EXP (Any oneperson) $ 5,1 GEN'L PERSONAL & ADV INJURY $ 1,00( AGGREGATE LIMIT APPLIES PER: POLICY PRO-- LOC OTHER: GENERAL AGGREGATE $ 2,00( PRODUCTS - COMP/OP AGG $ 2,00( B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY X AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY 005290471 03/27/2020 03/27/2021 COMBINED SINGLE LIMIT Ea accident 1,00( $ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ X PerOPERTMDAMAGE $ C UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE CUP1H3739032042 03/27/2020 03/27/2021 EACH OCCURRENCE $ 2,00( AGGREGATE $ 2,00( DED X RETENTION$ 5,000 A W KERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A UB4K4645682042G 03/27/2020 03/27/2021 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,00( E.L. DISEASE - EA EMPLOYEE $ 1,00( E.L. DISEASE - POLICY LIMIT 1,00( DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County is included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. For any and all work performed on behalf of Collier County Collier County Board of County Commissioners 3327 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE W LL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 7, ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 668 16.C.1.d INSURANCE AND BONDING REQUIREMENT'S Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements vidence of Workers' Compensation coverage or a Certificate of Exemption issue( ,by the State of Florida is required Entities that are formed as Sole Proprietorship ` shall not be required to provide a proof of exemption. An application for exemption ;can be obtainers online at httvs:Hat)ps.fldfs.com/bocexemDtt 2. ® Employer's Liability $__1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000___-single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $�1,000,000_ Each Occurrence; Bodily Injury &. Property Damage. Owned/Non-owned/Hired; Automobile Included b. ❑ Other insurance as noted: ❑ Watercraft $ 4 ^ Per Occurrence 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A=' or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 0 a 0 L. a. C 0 .N m L a. M N ti ti 0 N m E t 0 Q Packet Pg. 669 16.C.1.d 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 > 13. ® Thirty (30) Days Cancellation Notice required. 14. - -- - - - - - - --- - - - — - -- - - - - - -- - - - - -- - - - - - _ _ .- - - Hier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary, m Q uah coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed tad o he project and the Contractor shall not include Builders Risk premiums in its project or project billings. All `~ proposal questions Ire=garding_Builder s_Risk Insurance will be addressed -by the Collier_ County_ Risk Management [)ivis*one 3/3 t t20 - CC ' N L 3 Vendor's Insurance Statement ti We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five a (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the L date of award. L m Name of Firm Precision Power Services, Inc. Date 8-12-20 _ Vendor Signature N r, Print Name Christopher Herz N Insurance Agency Shea Barclay Group, Inc O z 4 Agent Name MaryBeth Thompstane 4 Telephone Number (727) 230-4704 m Packet Pg. 670 riE-Vefv— or �; Illlll Company ID Number: 1126929 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Precision Power Services, Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 Packet Pg. 671 riE-Vefv— or �; Illlll Company ID Number: 1126929 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 Packet Pg. 672 riE-Vefv— or �; Illlll Company ID Number: 1126929 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 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 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(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 Packet Pg. 673 riE-Vefv— or �; IIIIIII Company ID Number: 1126929 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(a)-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 is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 Packet Pg. 674 riE-Vefv— or �; Illlll Company ID Number: 1126929 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to 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. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 675 riE-Vefv— or �; Illlll Company ID Number: 1126929 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 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 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 Packet Pg. 676 riE-Vefv— or �; Illlll Company ID Number: 1126929 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 Packet Pg. 677 riE-Vefv— or �; Illlll Company ID Number: 1126929 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes tc E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. 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 Page 8 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 Packet Pg. 678 riE-Vefv— or �; Illlll Company ID Number: 1126929 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 679 riE-Vefv— or �; IIIIIII Company ID Number: 1126929 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer) 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by 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. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 680 riE-Vefv— or �; Illlll Company ID Number: 1126929 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and 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 Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 Packet Pg. 681 riE-Vefv— or �; Illlll Company ID Number: 1126929 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 682 riE-Vefv— or �; IIIIIII Company ID Number: 1126929 Approved by: Employer Precision Power Services, Inc. Name (Please Type or Print) Title Christopher J Herz Signature Date Electronically Signed 09/14/2016 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 09/14/2016 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 683 E-Verifv- or Company ID Number: 1126929 Information Required for the E-Verify Program Information relating to your Company: Precision Power Services, Inc. Company Name 2556 Merchant Ave Odessa, FL 33556 Company Facility Address 3959 Van Dyke Rd Suite 230 Company Alternate Address Lutz, FL 33558 County or Parish PASCO Employer Identification Number 204250576 North American Industry Classification Systems Code 811 Parent Company Number of Employees 1 to 4 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 684 16.C.1.d y— orE-Verif Company ID Number: 1126929 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 685 16.C.1.d y— orE-Verif Company ID Number: 1126929 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Christopher J Herz Phone Number (727) 376 - 6400 Fax Number (727) 731 - 6700 Email Address cherz@precisionups.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 686 E-Verify- 16.C.1.d Company ID Number: 1126929 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 687 Detail by Entity Name Page 1 of 2 16.C.1.d 3etail by Entity Name Florida Profit Corporation PRECISION POWER SERVICES, INC Filina Information Document Number P06000018660 FEI/EIN Number 20-4250576 Date Filed 02/06/2006 Effective Date 02/06/2006 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/06/2006 Event Effective Date NONE Principal Address 2556 MERCHANT AVE #103 ODESSA, FL 33556 Changed: 01/18/2012 Mailing Address 3959 VAN DYKE RD SUITE 230 LUTZ, FL 33558 Changed: 02/14/2007 Registered Agent Name & Address HERZ, CHRISTOPHER J 19106 ST, LAURENT DR. LUTZ, FL 33558 Address Changed: 01/07/2010 Officer/Director Detail Name & Address Title V HERZ, CARRIE A Packet Pg. 688 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI9inquirytype=Entity... 8/17/2016 Detail by Entity Name Page 2 of 2 16.C.1.d 19106 ST, LAURENT DR. LUTZ, FL 33558 Title P HERZ, CHRISTOPHER J 19106 ST, LAURENT DR. LUTZ, FL 33558 Annual Reports Report Year Filed Date 2014 03/02/2014 2015 01 /11 /2015 2016 01 /14/2016 Document Images 01/14/2016 --ANNUAL REPORT View image in PDF for 01/11/2015 -- ANNUAL REPORT View image in PDF for 03/02/2014 -- ANNUAL REPORT View image in PDF for 01/10/2013 -- ANNUAL REPORT View image in PDF for 01/18/2012 -- ANNUAL REPORT View image in PDF for 02/17/2011 --ANNUAL REPORT View image in PDF for 01/07/2010 -- ANNUAL REPORT View image in PDF for 01/11/2009 --ANNUAL REPORT View image in PDF for 01/04/2008 --ANNUAL REPORT View image in PDF for 02/14/2007 -- ANNUAL REPORT View image in PDF for 03/06/2006 -- Amendment View image in PDF for 02/06/2006 -- Domestic Profit View image in PDF format Copyright ©and Privacy Policies State of Florida, Department of State Packet Pg. 689 http: //search. sunbiz. org/Inquiry/CorporationS earch/S earchResultDetail?inquirytype=Entity... 8/ 17/2016 16.C.1.e PRECI99 OPIDM DATE(MM)DDIYYYY, 0311212020 ACa1eO CERTIFICATE OF LIABILITY INSURANCE 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 813.251.2580 CONTACT Maureen Love Shea Barclay(Tampa) M Ike Shea PHONE $13-251 -25$0 FAX 813-251 -2585 AlC NO Ext: A1C No: 501 E. Kennedyy Blvd, 01000 Tampa, FL 33602ASS E-MAIL INSURERS AFFORDING COVERAGE NAIC Maureen Love INSURER A: Travelers 19038 INSURED Precision Power Services Inc INSURER B: Progressive 10193 3959 Van Dyke Rd, Ste 230 Lutz, FL 33558 INSURER C Travelers 1903$ INSURER D : INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SU6 POLICY NUMBER POLICY EFF POLICY EXPITR LIMBS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X 6803962C4512D42 03QV2020 0312712021 EACH OCCURRENCE 1,003,000 DAMAGE TO RENTS❑ PREMISES Ea occurrence 300000 $ MED EXP (Anyoneperson) $ 5,000 PERSONAL A ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY ❑ JPRO- ❑LOG PRODUCTS - GOMPIOPAGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMLf Eaaccitlent $ 1,000,000 BODILY INJURY Per person)$ ANYAUTO 005290471 03QV2020 0312712021 OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY Per accident PeC'),P'ERT t AMAGE $ x HIRED x NON -OWNED AUTOS ONLY AUTOS ONLY C UMBRELLALIAB OCCUR EAGH OCCURRENCE 2,000,000 AGGREGATE $ 2,000,000 EXCESSLIAB CLAIMS -MADE CUP1 H3739032042 03QV2020 0312712021 ❑ED I X I RETENTION$ 5,000 A WORKERS COMPENSATION PER OTH- AND EMPLOYERSLIABILITY ANY PROP R ETOR+ PARTN E REXECUTI VE � OFFICERIM EMBER EXCLUDED? N)A UB4K4645662042G 0312712020 0312712021 E.L. EA CH A ENT $ 1,000,000 E.L. ❑ISEASE - EA EMPLOYEE 1,000,000 (Mandatory In NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- OLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County is included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. For any and all work performed on behalt of Collier County CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E AUTHORIZED REPRESENTATIVE Naples, FL 34112 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 690 16.C.1.f L FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT o a # 20-7723 a for L r c Uninterrupted Power Systems C THIS AGREEMENT, made and entered into on this day of 2020 , by and between Precision Power Services, Inc. , authorized to do business in the State of Florida, whose business address is 2556 Merchant Ave #103 Odessa FL 33556 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ❑E upon the date of Board approval ❑and terminating on three (_3_) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a 0■ Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ 0■ Invitation to Bid (ITB) ❑ Other # 20-7723 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. R The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) Packet Pg. 691 16.C.1.f L 3 0 3.1 This Agreement contains the entire understanding between the parties and any a modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement ; Procedures in effect at the time such services are authorized. r c 3.2 Al The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. M ,3-4 ❑ 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): � Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. FN� Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) `, %C o Packet Pg. 692 16.C.1.f 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. - - IV 7-T"07 ._ 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 693 16.C.1.f Company Name: Precision Power Services, Inc. Address: 3959 Van Dyke Rd, Suite 230 Lutz FL 33558 Authorized Agent: Christopher J. Herz, President / Carrie A. Herz, VP Attention Name & Title: Telephone: (727) 376-6400 E-Mail(s): cherz(a-)precisionups.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Damon Grant Division Name: Facilities Management Division Address: 3335 Tamiami Trail East Naples, Florida 34117 Administrative Agent/PM: Miguel Carballo Telephone: 239-252-8380 E-Mail(s): Miguel Carballo colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) r ``e Packet Pg. 694 16.C.1.f 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use o in any manner whatsoever, County facilities for any improper, immoral or offensive a purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect ; or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the = Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until o the violation is cured. The Contractor further agrees not to commence operation during N the suspension period until the violation has been corrected to the satisfaction of the ° z County. m 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. � Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Al Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l) Packet Pg. 695 16.C.1.f L 9- ❑ Sh-all be maintainer- by the C`nntra ter to �n its In� 3 linen � �nrler thin Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 696 16.C.1.f 13.1 The duty to defend under this Article 13 is independent and separate from the duty to 0 indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, a County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to ; Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment = that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. M 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑■ Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ R41124 0 ITB/❑ o neF- # 20-7723 , including Exhibits, Attachments and Addenda/Addendum, ❑ 66ibseqweat queles, and ❑ 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.I ) Packet Pg. 697 16.C.1.f located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be o amended; taxation, workers' compensation, equal employment and safety including, but a not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § ; L 119.0701(2)(a)-(b) as stated as follows: r c IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE N CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS N AT: Z Communication and Customer Relations Division m 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 3 Telephone: (239) 252-8999 0 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 8of17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 698 16.C.1.f L 3 0 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County a encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the ; L discretion of the successful Contractor. r c 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any N part of any approval for payment previously issued and the County may withhold any otherwise due to Contractor under this Agreement or any other Agreement N payments between the County and Contractor, to such extent as may be necessary in the County's Z opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party m claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed r within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or o (g) any other material breach of the Contract Documents. a If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. FE-1 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 699 16.C.1.f particular service. These warranties shall survive inspection, acceptance, passage of title o and payment by the County. a Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. M If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. FE-1 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. X PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it Page 10 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) lr--; Packet Pg. 700 16.C.1.f L foresees as a result of the change. Except in an emergency endangering life or property, 3 0 or as expressly set forth herein, no addition or changes to the Work shall be made except a upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, ; employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement = Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. - _ .. . ... . . .. - .. . _ . •- . _ - - - . . . - mill Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l) 'Ate` Packet Pg. 701 16.C.1.f 0 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized o for this Agreement shall be knowledgeable in their areas of expertise. The County a reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor ; shall assign as many people as necessary to complete required services on a timely basis, r and each person assigned shall be available for an amount of time adequate to meet = required services. 35. FN� ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. MW W. - 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY, The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.l ) Packet Pg. 702 16.C.1.f County separates from their employment. This notification is critical to ensure the o continued security of Collier County facilities and systems. Failure to notify within four (4) a hours of separation may result in a deduction of $500 per incident. a 38. *01 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Ir en Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 1, . Packet Pg. 703 16.C.1.f IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller in (SEAL) Dated: Contractor's Witnesses: Contractor's First Witness Michael Deason TType/print witness name ontractor's Second Witness Christian Wolfe TType/print witness nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA sm Burt L. Saunders , Chairman Precision Power Services, Inc. Contractor If By: G'YG'' Signature Christopher Herz President TType/print signature and titleT Page 14 of 17 L 3 0 a as a 0 L L 4) r- Fixed Term Service Multi•ContractorAgreement 2017.008 (Ver.1) i—� 9-,) Packet Pg. 704 16.C.1.f L Exhibit A 3 0 d Scope of Services a 0 FE-1 following this page (pages through 8 ) c ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) &' ; ff Packet Pg. 705 16.C.1.f 20-7723 "Uninterrupted Power Systems" EXHIBIT A SCOPE OF SERVICES This contract is awarded on a Primary/Secondary/Tertiary per category basis. In order to maintain the integrity and continuous operation of the Uninterrupted Power Supply (UPS) units/systems in various County owned and leased buildings throughout the County, the Contractor will perform the following, but not limited to: 1. Preventative maintenance inspection services for units and batteries; 2. Provide labor and parts for routine repair services for units and batteries and 3. Provide labor and parts for on -call repair services for units and batteries. It is the intent of the County that the UPS systems experience minimal down time; therefore, the Primary Contractor shall respond within eight (8) hours from the time the notice is issued, if the Primary Contractor does not respond within the timeframe or is unable to work on a specific system, the County will proceed with the Secondary Contractor. If the Secondary Contractor does not respond within the timeframe or is unable to work on a specific system, the County will proceed with the Tertiary Contractor. While the County intends to use the Contractor(s), the County reserves the right, at any time to request additional quotes or bids from other contractors (per the Board's Procurement Ordinance). The Contractor shall provide preventative maintenance inspection services, repairs services, urgent and on -call repair services including, but not limited to Emerson systems, Liebert systems, Eaton systems, APC systems. Services shall include but not limited to: 1. Battery replacement / installation 2. Battery preventative maintenance 3. UPS replacement / installation 4. UPS preventative maintenance The Contractor(s) may be required to use the County's Work Management procedures, such as utilizing work order forms or future online work order system, at no additional cost to the County or Contractor. The Contractor will be responsible for utilizing any systems used by the County for work orders under the resultant agreement. The Contractor must provide requested certifications and licenses necessary to perform the services outlined in this scope. The Contractor(s) shall use qualified technicians to complete all work in accordance with the Manufacturer's guidelines to satisfy the requirements specified in the bid. Technician credentials may be requested by the County. A. PREVENTATIVE MAINTENANCE The preventative maintenance covered by this scope of work includes (all inspections or processes may not be applicable to all equipment types or models): Visual Inspections: a. Inspect all printed circuit board connections for cleanliness, swab contacts if necessary; b. Inspect all power connections for signs of overheating; c. Inspect all subassemblies, bridges, and legs for signs of component defects or stress; Page 1 of 8 Exhibit A -Scope of Services s, Packet Pg. 706 16.C.1.f d. Inspect all DC capacitors for signs of leakage; e. Inspect all AC capacitors for signs of leakage; f. Inspect and inventory all customer -owned spare parts; g. Inspect for and perform, as required, any open engineering changes; h. Inspect insulation, overheating, and physical damage; and i. Inspect battery monitoring system. 2. Internal Operating Parameters: a. Control calibrations — check / adjust, as necessary; b. DC Ground Detection Offset, if applicable; c. Inverter leg current average phase balance, if applicable; d. Output filter current average phase balance; e. Rectified bridge current average leg balance; f. AC Protection settings are checked; g. DC Protection settings are checked; h. Calibrate and record all electronics to system specifications; i. Input and Output Frequency and Voltage Bandwidth settings are checked; j. Verify DC filter capacitance; k. Verify AC tank and trap filter capacitance including balancing of items; 1. Power Supply voltages and waveforms; m. Update firmware as necessary with written approval by an appropriate County Representative (parts if required are included at no charge with full parts coverage if the equipment is under warranty. If there is no service agreement, the parts may be billed at actual cost with 10% mark-up n. Evaluate Field Service Bulletins (FSBs) for potential updates (parts if required are included at no charge with full parts coverage if the equipment is under service agreement. If there is no warranty, the parts may be billed at actual cost with applicable 10% mark-up. 3. External Operating Parameters: a. System Input Voltages, all phases; b. System Input Currents, all phases; c. DC Charging Voltages (float and equalize), record settings, and adjust to nominal; d. Rectifier phase on and walk-up; e. Inverter phase on and walk-up; f. Adjust all panel meters to measured values; g. System Bypass Voltages, all phases; h. Manual and UV Transfer Testing, verify uninterrupted transfer waveform, if applicable; Page 2 of 8 Exhibit A -Scope of Services Packet Pg. 707 16.C.1.f i. Outage Simulation, batter capability testing, and verify charger current limit; and j. Generator operation and interface verification, if applicable. 4. Environmental Parameters: a. UPS area ambient temperature and condition of ventilating equipment; b. General Cleanliness of UPS Power Module; c. General Cleanliness of UPS area; d. Replace air filters as applicable and necessary (parts if required are included at no charge with full parts coverage if the equipment is under Service Agreement. If there is no warranty, the parts may be billed at actual cost with applicable mark-ups as quoted on the Bid Schedule); e. Clean outside of UPS including control panel/CRT screen; and 5. Battery Cabinet Checks: a. General appearance of battery systems (all types); b. General cleanliness of batter system areas (all types); c. Verify the integrity of the battery rack/cabinet; d. Inspect all DC connections for abnormalities; e. Inspect cells for physical abnormalities; f. Check batter for current limits, input limits, overload levels, and over temp circuits; g. Check for corrosion on battery terminals and connectors; h. Clean batteries as necessary; i. Verify proper torque on connections; j. Verify the condition of the ventilation equipment, if applicable; k. Check the appearance of the battery room, if applicable; 1. Battery system area ambient temperature and condition of ventilating equipment; and in. For internal batters only — measure and record: i. Overall battery float voltage; ii. Charger output current and voltage; iii. Negative terminal temperature of one cell/battery per battery cabinet shelf or rack tier; and iv. Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330). 6. Monitoring System Parameters: a. Alarm archive review and printing; b. Alarm lamp test -local and remote, if applicable; c. Replace all open monitor bulbs; d. Inspect battery monitoring system; and e. Review battery test in history, if applicable. Page 3 of 8 Exhibit A -Scope of Services Packet Pg. 708 16.C.1.f 7. Circuit Breakers / Isolators: a. Check capacitors for swelling or leaks; b. Verify free travel; and c. Check magnetic / thermal settings. 8. Additional Items: a. Synchronizing verification: i. Utility Sync and Transfer to bypass; ii. Transfer from bypass to UPS; iii. Verify voltage and phase lockout; and iv. Verify static bypass operation. b. Fuses need verified for type, value, and condition; c. Power Measurements (on-line): i. Output RMS current (Phase and Neutral); and ii. Output Peak current (Phase and Neutral). d. Cleaning/Air Flow — check fans, doors, and compartment seals i. Replace filters; and ii. Clean Module. e. Clean normal cell dirt/dust accumulation, when possible. f. Battery recycling is required and shall be included in the pricing. g. Check nuts, bolts, screws, and connections for tightness and heat discoloration. h. Operational testing of the system including unit transfer and battery discharge. 9. General: a. Customer consultation; b. Verbal recommendations; and c. General observations. Following the preventative maintenance inspection, a written report / check list will be provided to the appropriate County Representative detailing the results of the inspection, services completed, and making specific recommendations for future remedial action, upgrades, etc. Preventative maintenance on each unit / system / battery is required to be completed in accordance with the Manufacturer's recommendations. Preventative maintenance will be billed by item serviced. Actual records must be provided for payment. These records will include but not be limited to a summary spreadsheet for each unit serviced with the date of service and an attestation signed by the awarded Contractor(s). Typically, preventative maintenance will be completed during normal business hours, Monday - Friday 7:OOam — 5:00pm; however, the County may request preventative maintenance during off -hours, as deemed necessary by the County representative or designee. An off -hour rate is provided in Exhibit B. Equipment Manufacturer Service Plans offered from the Manufacture may be added as a separate "turnkey" item for specific units, as needed by County Divisions. When these services occur, a quote following the pricing methodology of the solicitation will be requested from the awarded Contractor(s). Page 4 of 8 Exhibit A -Scope of Services { Packet Pg. 709 16.C.1.f B. ON -CALL SERVICES (for regular and urgent equipment maintenance, repair, and replacement identified L in the scope of work) 3 0 The two types of maintenance, repair, and replacement services required are: d • Regular Repair Work: Regular repair work is work that is performed during normal business hours Monday - a Friday 7:00am — 5:00pm excluding County recognized holidays. The County Representative or designee will 3 provide a scope of work to be performed by the Contractor and request that a "time and materials" quote be d provided. The quote shall be provided to the appropriate County Representative within two (2) business days S unless otherwise agreed to. The Contractor will commence the quoted work upon receipt of an approved purchase D order from the County representative or designee. Contractor shall complete the regular repair work within two c i (2) business days, unless otherwise directed by the County representative or designee. In the event that the ti Contractor does not fulfill these response requirements, the County reserves the right to contact the Secondary c Contractor or another Contractor to perform the scope of work. N Urgent Repair Work: Urgent repair work is work that is specifically requested and approved in writing by an appropriate County Representative or designee for work to be performed outside of normal business hours. The County representative or designee will identify the needed maintenance, repair and replacement for the life, health, safety or equipment/facility urgent and request a "Time and Material" quote based on urgent rates outlined in Exhibit B Fee Schedule. The County Representative or designee may direct the Contractor to commence work through a verbal direction; and a purchase order will be issued to the Contractor as soon as possible. If any repair is deemed urgent, all parts must be shipped overnight, and repairs are to start immediately upon the part being received. Overnight charges (per After Hour rates outlined in Exhibit B Fee Schedule) must be shown as a separate line item on the invoice and proof of the charges shall be attached to the invoice. Failure to show proof of overnight charges my delay payment. The approved purchase order will contain the job specific scope of work. The County Representative or designee reserves the right to specify the period of completion. C. QUOTES • "Time and Material" Quotes shall provide: 1. The expected number of work hours by each position times the hourly rate and the extended total; 2. The breakdown of the cost for supplies, parts and any rental equipment used for the scope of work. The Contractor must provide copies of receipts with their invoice. D. INVOICING 1. Invoices shall include copies of receipts for supplies/materials, expedited shipping charges and equipment rental and copies of subcontractors itemized invoice(s). Contractor invoices shall include number of hours worked and hourly rate by position as quoted on the bid schedule. Mark-up percentages (where applicable) per the bid schedule. The County reserves the right to request copies of timekeeping or payroll records. 2. No mark-up will be allowed for freight or shipping charges. A copy of the freight/shipping invoice must be attached to the Contractors invoice. Expedited shipping charges will be allowed if written approval by a County Representative is also attached to the Contractors invoice. 3. Invoice shall reference Purchase Order number, location where work was performed, date(s) work was performed and completed. The following invoice lines (where applicable): a subtotaled line for cost of material and supplies, a line for the mark-up percentage for the material and supplies as quoted on the bid schedule, a line for hourly rate x number of hours (subtotaled), a line for total subcontractor charges, a line for mark-up for subcontractor charges, a line for expedited shipping charges. Invoice shall be totaled. Failure to attached copies of receipts and subcontractor invoices may delay and/or prevent proper payment. E. CONTRACTOR RESPONSIBILITIES Page 5 of 8 Exhibit A -Scope of Services Packet Pg. 710 16.C.1.f The Contractor(s) awarded for preventative maintenance inspection services, repair services, urgent and for regular on -call services will provide: 1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the preventative maintenance inspection services, repairs, and on -call services for the County's systems. Except as noted herein, travel fees will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. A contractor will not be allowed to bill for administrative hours. 2. All work shall be a "turnkey" operation to include all repairs, site clean-up and restoring the work area to its original condition. The resultant contract provides for any services deemed necessary to complete the job, through means of Contractor(s) in-house expertise or sub -contracted work as needed (back-up documentation will be required for sub -contracted work). The Contractor(s) shall ensure that all areas and equipment (i.e. UPS units and systems, batteries, etc.) be kept clean and free from dirt, dust and debris. 3. Where necessary, work shall include proper permitting, as required, and the Contractor(s) shall be responsible for permit submissions, unless otherwise instructed by the County. 4. The Contractor(s) shall maintain a sufficient number of qualified personnel to accomplish the County's work schedule. 5. Time is of the essence with respect to all provisions within the contract. Any delay in performance, not approved in writing by an appropriate County Representative or designee shall constitute a material breach of the contract. 6. The Contractor will use technicians who are trained and experienced with brands serviced. A qualified engineer (with all related licenses and certifications being current and in full force and effect) with the experience and ability to "pull" all permits required for any and all system renovations, when necessary and applicable. F. RESPONSE TIME 1. Urgent response shall be provided within four (4) hours from the time notice is issued from the County. Repairs shall begin within twenty-four (24) hours of the initial call unless otherwise agreed by the County. 2. Regular response shall be within two (2) business days from the time the notice is issued from the County. Repairs shall begin after the Contractor is in receipt of an approved purchase order from the County. G. CALL SCHEDULE Contractor(s) will provide an on -call schedule twenty-four (24) hours a day, seven (7) days per week, 365 days per year. The Contractor shall provide the County with an on -call telephone number(s) for standard, technical, and urgent services. H. REPLACEMENT /REPAIR PARTS All replacement / repair parts must be approved by an appropriate County Representative or designee and be of genuine and original manufacturer's parts. The Contractor(s) will be required to provide proof of the Original Manufacturer's parts through providing invoices or photographs at the time of invoice submission. The Contractor(s) shall be required to expressly warrant that all replacements are new and free from defects, warranted for their merchantability and meet the performance specifications of the original equipment for one year from installation. In the event a portion, or all of an order, is found to be defective when delivered and/ or installed, the Contractor shall immediately replace the equipment at no cost to the County. I. WARRANTIES All new equipment warranty work shall be provided by the original warranty supplier. All warranty responsibility for previously purchased, but still under warranty, equipment will continue to be provided by the original warranty supplier until expiration of the warranty period. Upon expiration of the warranty period, responsibility for maintenance shall automatically transfer to the Contractor, unless otherwise directed by the County representative or designee. All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty item, the Contractor shall notify the County representative or designee, who will then have the responsibility of placing and tracking the Page 6 of 8 Exhibit A -Scope of Services Packet Pg. 711 16.C.1.f warranty trouble call with the warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty trouble call to the County representative or designee shall be provided by the Contractor at no additional cost 3 to the County. ° a Parts, replacement parts, and fixtures shall be new and warranted for a minimum of one (1) year, or the maximum allowed by the manufacturer. All labor for repairs shall have a minimum ninety (90) day warranty. L L J. ADDITIONS AND DELETIONS OF EQUIPMENT The County reserves the right to add or to delete any system equipment from service provided under this Contract as described herein, upon written notification by the County designee to the Contractor via an internal issued addendum. ri The County, or designee, shall attempt to provide advanced notice to the Contractor of all additional and/or new ti equipment; however, should Contractor's personnel receive a maintenance or repair call and records show that the c individual piece of equipment is not inventoried or covered by this Agreement, the Contractor personnel will perform N repairs as if equipment was covered by this Agreement and shall notify the County designee. z m Equipment removed shall not be billed for the month of removal. K. RECORDS AND DOCUMENTATION The Contractor(s) is responsible to maintain and update records for each type of equipment serviced. The documentation will include, and not be limited to, records of all service calls, preventative maintenance performed, and any system modifications, if applicable. The Contractor(s) will maintain a service log at the site of each piece of equipment maintained. The Contractor(s) will not charge for any call back work. All recovery reports shall be sent to the County Representative, or their designee, noting date, type, quantity, location, and disposal information. L. INSPECTIONS The County and the Contractor(s) may conduct an inspection of the completed services provided in response to any resulting purchase order. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected within 24 hours after receipt of notification, at the Contractor's expense. If the Contractor(s) fails to correct the defects within this time frame, the County shall be entitled to have the work remedied, charge a deduction / fine (see Section M - Performance Measures), and the Contractor(s) shall be fully liable for all costs and expenses reasonably incurred by the County. M. PERFORMANCE MEASURES The Contractor shall maintain compliance with the following performance measures: 1. The Contractor(s) shall provide 100% of all required reports and records within the time frame specified to the County's Representative, or their designee. 2. The Contractor(s) shall advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above -outlined performance measures. 3. The Contractor(s) shall furnish all necessary labor, tools, equipment and services to perform contracted services specified in the contract. 4. The County shall have the immediate right to complete the work to its satisfaction, through the use of County employees or outside contractors as deemed necessary, the total sum of the County employee's hours and materials cost(s) and/or outside vendor invoices shall be immediately deducted from the Contractor's invoice. N. CLEAN-UP The Contractor(s) shall be responsible for removing all debris from the site and cleaning affected areas. The Contractor(s) shall keep the premises free of debris and unusable materials resulting from their work or upon request by the County's representative. The Contractor(s) shall leave all affected areas as they were prior to beginning work. There will be no cost to the County for clean-up. Page 7 of 8 Exhibit A -Scope of Services Packet Pg. 712 16.C.1.f O. EQUIPMENT INVENTORY L The Contractor(s) shall, under no circumstances, remove any equipment containing a County asset sticker. The 3 Contractor(s) shall request that, when replacing equipment, the asset sticker be removed by an appropriate County d° staff member authorized to adjust equipment inventory records. r a P. SURVIVABILITY CLAUSE The Contractor(s) agree, will honor, and finish work for any purchase order that extends beyond the expiration date of +; the original solicitation and/or contract. These purchase orders will survive and remain subject to the terms and conditions of the agreement until the completion or termination of the purchase order. Page 8 of 8 Exhibit A -Scope of Services Packet Pg. 713 16.C.1.f 1= • Fee Schedule following this page (pages 1 through a Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 714 16.C.1.f A. L 3 ITB# 20-7723 "Uninterrupted Power Systems" d Exhibit B m r FEE SCHEDULE L L d Precision Power Services Inc. will serve as the Tertiary Contractor for Preventative Maintenance. PREVENTATIVE MAINTENANCE Item System Description B Price per Unit 1 0 - 20 KVA $300.00 2 21 - 40 KVA $350.00 3 41 - 80 KVA $400.00 4 lGreater than 81 KVA $400.00 5 Off -hours surcharge $200.00 B. I ON -CALL SERVICES INOTAWARDED C. a HOURLY RATES Position Unit of measure Unit Price After Hours and Holidays Supervisor per hour $250.00 $300.00 Licensed Journeyman per hour $250.00 $300.00 Apprentice per hour 1 $250.00 $300.00 Engineering/Design per hour 1 $250.00 $300.00 MARKUP Material Markup 10% Subcontractor Markup 15% Packet Pg. 715 16.C.1.f Description: ❑ following this page (pages 0 this exhibit is not applicable L Other Exhibit/Attachment 3 0 a a� a L L a� r c _ through _) Page 17 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 716 16.C.1.g 4KLBS P()ti,%-LH LCI!N+. cJU1L 1 Bid Package Collier County ITB Number: 20-7723 Project: Uninterrupted Power Systems Due Date: 05/13/20 10:00 AM VENDOR LBS Power Technologies Inc. 415 NW Flagler Ave, Ste 301 Stuart, FL 34994 Office: 772-444-3135 Email: accounting@lbspower.com 415 NW Flagler Ave . Stuart, FL 34994 • Office (772) 444-3135 • Fax (772) 444-3139 www.lbspower.com • info@Ibspower.com Packet Pg. 717 16.C.1.g Collier CO-Wlty Administrative Services Department Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. Vendor should checkoff each of the following items: General Bid Instructions has been acknowledged and accepted. [� Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Id10' Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http:I/dos.niyflorida.com/sunbiz/ should be attached with your submittal. [Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. [Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE L7 E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. N0( ❑ Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. �orm 5: Reference Questionnaires form MUST be utilized for each required reference and included with your submittal, or you MAY be DEEMED NON -RESPONSIVE. OW❑ Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. 19/ Vendor W-9 Form. Relo'Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. The Bid Schedule has been completed and attached with your submittal, applicable to bids. Copies of all requested licenses and/or certifications to complete the requirements of the project. All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. ,l`� ❑ County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. r l ❑ Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. Packet Pg. 718 16.C.1.g Collier County Solicitation 20-7723 GENERAL BID INSTRUCTIONS 1. PURPOSE/OBJECTIVE As requested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or "Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified Firms/Vendors/Contractors in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful Vendor will hereinafter be referred to as the "Vendor". All bids must be submitted on the Bid forms furnished by the County noted in Attachments of this ITB. Bidder may be deemed non -responsive if the Bid forms are not properly executed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non -responsive. 2. QUESTIONS 2.1 Direct questions related to this Bid to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. 2.2 Bidders must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 3. COMPLIANCE WITH THE BID Bidders must be in strict compliance with this ITB. Failure to comply with all provisions of the ITB may result in disqualification. 4. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFP It is the sole responsibility of the vendor if they discover any ambiguity, conflict, discrepancy, omission or other error in the ITB, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the bid. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this ITB from the Procurement Services Division. 5. PRICING Vendors must provide rp ices using the unit of measure specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined. 6. ALTERNATE BID PRICING In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed may be considered technically non -responsive. 7. EQUAL PRODUCT Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal 3/31 /2020 1:11 PM Packet Pg. 719 Collier County 16.C.1.g Solicitation 20-7723 or similar material. An equal or similar product may be bid, provided that the product is found by the County to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, the Vendor must contact the Procurement Services Division for instructions on submittal. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 8. DISCOUNT Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 9. ADDENDA The County reserves the right to formally amend and/or clarify the solicitation where it deems necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all Vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those Vendors who downloaded the ITB document. All addendums are posted on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. Before submitting a bid response, please make sure that you have read all documents provided, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in deeming your submittal non -responsive. 10. BID SUBMISSION All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ 11. QUESTIONS If the Vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Procurement Services Division Internet website: https://www.bidsync.com/bidsync-cas/. Questions will not be answered after the date and time noted. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 12. PROTESTS PROCEDURES 12.1 Any Vendor who alleges to be aggrieved in connection with the solicitation or award of a contract, may protest to the Procurement Services Director, who shall serve as the sole receipt of the any and all notices of intent to protest and all formal protests. 12.2 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be fled within five (5) 3/31 /2020 1:11 PM Packet Pg. 720 Collier County 16.C.1.g Solicitation 20-7723 days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 12.3 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 12.4 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding wcckcnds and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 12.5 Complete instructions for formal protest are set forth in Section 23 of Collier County Procurement Ordinance 2017-08, as amended. The protesting party must have standing as defined by established Florida case law to maintain a protest. 13. IMMIGRATION AFFIDAVIT CERTIFICATION 13.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (ITB) including professional services and construction services. (1) Exceptions to the program: (a) Commodity based procurement where no services are provided. (b) Where the requirement for the affidavit is waived by the Board of County Commissioners. 13.2 Vendors are required to be enrolled in the E-Verify program at the time of submission of the bid. Acceptable evidence of your enrollment 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 which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. 13.3 Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. 13.4 For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the 3/31/20201:11 PM Packet Pg. 721 Collier County 16.C.1.g Solicitation 20-7723 vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 13.5 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. LOBBYING After the issuance of any solicitation, no current or prospective Vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective Vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -Eight of Procurement Ordinance 2017-08, as amended. 15. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL STATUTE 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.htmi) prior to execution of a contract. A copy of the document should be submitted with the solicitation response and the document number should be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. LOCAL VENDOR PREFERENCE (LVP) Any Vendor claiming local vendor preference must complete the required form and submit a Collier or Lee Business Tax receipt with their submission. 17. GENERAL INFORMATION When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall conduct a random selection (coin toss) by the Procurement Services Director before at least three witnesses. 18. BID AWARD PROCESS Award shall be made in a manner consistent with the County's Procurement Ordinance. Award recommendations will be posted on the Collier County Procurement Services Online Bidding system Online Bidding system website: https://www.bidsync.com/bidsync-cas/. 19. RESERVED RIGHTS Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease 3/31/20201:11 PM Packet Pg. 722 Collier County 16.C.1.g Solicitation 20-7723 quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. 20. INSURANCE AND BONDING REQUIREMENTS 20.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall be required to provide the Certificate of Insurance(s) with the limits set forth in the solicitation within five (5) days upon notification of selection for award. If the Vendor cannot provide the document within the referenced timeframe, the County reserves the right to award to another Vendor. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 20.2 The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 20.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 20.4 Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." 20.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 20.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 20.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. 20.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 20.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. 3/31/20201:11 PM Packet Pg. 723 Collier County 16.C.1.g Solicitation 20-7723 The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 20.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under the Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage (s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 20.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 21. ADDITIONAL ITEMS AND/OR SERVICES Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 22. VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. The County reserves the right to take into consideration a Vendor's past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. 23. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 23.1 The selected Vendor may be required to sign a standard Collier County contract or accept the County's Purchase Order terms and conditions to serve as a formal contact. 23.2 The resultant contract(s) may include purchase or work orders issued by the County's Project Manager (a/k/a Contract Administrative Agent). 23.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements other documents or agree to any exceptions to the County's terms and conditions provided by the Vendor. 23.4 The County's Project Manager shall coordinate with the Vendor / Contractor the return of any a surplus assets, including materials, supplies, and equipment associated with the scope or work. 24. PUBLIC RECORDS COMPLIANCE 3/31 /2020 1:11 PM Packet Pg. 724 Collier County 16.C.1.g Solicitation 20-7723 24.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 24.2 The Contractor must specifically comply with the Florida Public Records Law to: 24.2.1 Keep and maintain public records required by the public agency to perform the service. 24.2.2 Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 24.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 24.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 25. PAYMENT METHOD Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: Purchase Order Number and description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 3/31/2020 1:11 PM Packet Pg. 725 Collier County 16.C.1.g Solicitation 20-7723 25.1 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under the agreement. 25.2 In instances where the successful Vendor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 25.3 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 26. ENVIRONMENTAL HEALTH AND SAFETY 26.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 26.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. 26.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 26.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 27. LICENSES 27.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to DEEM VENDOR NON -RESPONSIVE. A Vendor, with an office within Collier County is also required to have an occupational license. 27.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. 3/31/2020 1:11 PM Packet Pg. 726 Collier County 16.C.1.g Solicitation 20-7723 27.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252- 2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 28. SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 29. RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 30. TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 31. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 32. SECURITY AND BACKGROUND CHECKS 32.1 The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 32.2 All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed 3/31/2020 1:11 PM Packet Pg. 727 Collier County 16.C.1.g Solicitation 20-7723 each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. 32.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 32.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 33. CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this ITB document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a Vendor from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 34. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, ITB, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 35. DEDUCTION FOR NON-PERFORMANCE The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 36. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 37. FLORIDA WOOD PRODUCTS The Vendor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 38. STANDARDS OF CONDUCT The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest 3/31/2020 1:11 PM Packet Pg. 728 Collier County 16.C.1.g Solicitation 20-7723 of the County. 39. PROTECTION OF PROPERTY The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager shall coordinate with the Vendor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 40. COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document. 41. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Procurement Services Division and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 42. DEBRIS Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 43. DIRECT MATERIAL PURCHASE 43.1 The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor 3/31/2020 1:11 PM Packet Pg. 729 Collier County 16.C.1.g Solicitation 20-7723 relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: 43.1.1 Required quantities of material 43.1.2 Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable 43.1.3 Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 44. GRANT COMPLIANCE The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. The Vendor agrees include with the bid submission all the completed and fully executed Grant documents provided as an attachment to the solicitation, or you may BE DEEMED NON -RESPONSIVE. 45. EQUIPMENT Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required by the County, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and obtain documentation of the Vendor's cost for time and material projects, and to withhold payments until documentation is provided. All County -purchased equipment must be new and of current manufacture in production at the time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. 46. STORAGE TANK INSTALLATION AND CLOSURE REQUIREMENTS (43-46 where applicable) The contractor shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDEP chapter 62 regulations: specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. The contractor shall notify the Solid& Hazardous Waste Management Department (SHWMD) prior a to the installation, removal, or maintenance of any storage tank, including day tanks for generators, s storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SIIWMD 239-252-2508 prior to commencement. a The contractor shall provide the plans pertaining to the storage tank systems containing hazardous 3/31/20201:11 PM Packet Pg. 730 Collier County 16.C.1.g Solicitation 20-7723 materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 47. 62-761.300 APPLICABILITY 47.1 General Requirements: 47.1.1 Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of UST systems with individual storage tank capacities greater than 110 gallons that contain or contained: (1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 (2) Pollutants or hazardous substances after December 10, 1990; or (3) Regulated substances in unmaintained storage tank systems. 47.1.2 This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100 gallons containing motor fuels are subject to Federal UST rules (advisory information only -not required by this Chapter). 48. 62-762.301, F.A.C. APPLICABILITY 48.1 General Requirements: 48.1.1 Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of aboveground stationary storage tank systems with individual storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 (1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984; (2) Pollutants after March 12, 1991; or (3) Pollutants in unmaintained storage tank systems. 48.1.2 Aboveground compression vessels and hazardous substance storage tank systems: Owners and operators of compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing hazardous substances are only required to comply with subsections 62-762.401(1)-(2), F.A.C. 48.1.3 Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of aboveground mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral acids are only required to comply with Rule 62-762.891, F.A.C. 49. POLLUTION PREVENTION 50. The Vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 62-761.2000 l) and 62-762.20106), F.A.C.: "County" means a locally administered program under contract with the Department to perform compliance verification activities at facilities with storage tank systems. 62-761.200(48) and 62-762.201(62), F.A.C.: "Pollutants" includes any "product" as defined in 3/31/2020 1:11 PM Packet Pg. 731 Collier County 16.C.1.g Solicitation 20-7723 Section 377.19(11), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas. 62-761.200(51) and 62-762.201(65), F.A.C.: "Product" as defined in Section 377.19(11), F.S., means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. 62-761(73) and 62-762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fuel motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails. Certification: The Vendor hereby agrees to comply with the instructions above, by submission of a bid/proposal. *)elv� ya' �►,AcCzpaw C.�! (I/1 3/31/20201:11 PM Packet Pg. 732 16.C.1.g Collier County Solicitation 20-7723 1. PURCHASE ORDER TERMS AND CONDITIONS 1.1 Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 1.2 Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 1.3 Inspection 1.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. 1.3.2 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non conforming or otherwise rejected by the COUNTY. 1.4 Shipping and Invoices 1.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 1.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 1.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. 1.4.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 1.5 Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted 3/31 /2020 1:11 PM Packet Pg. 733 Collier County 16.C.1.g Solicitation 20-7723 by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 1.6 Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 1.7 Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 1.8 Statutory Conformity 1.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 1.9 Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 1.10 Indemnification VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 1.11 Warranty of Non Infringement 1.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. 1.1 l .2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 1.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 3/31/2020 1:11 PM Packet Pg. 734 Collier County 16.C.1.g Solicitation 20-7723 1.12 Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 1.13 Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non -exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 1.14 Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 1.15 Assignment 1.16 Taxes VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 1.17 Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 1.18 Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 1.19 General 1.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida 1.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. 3131 /2020 1:11 PM Packet Pg. 735 Collier County 16.C.1.g Solicitation 20-7723 1.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. 1.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 1.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. l'��1ro�CPi� 3/31/2020 1:11 PM Packet Pg. 736 16.C.1.g collier county Administrative Services Depatrent Procurement Services Division Form 1: 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 hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. 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 work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20Z'n the County of in the State of FUkOJ40 Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: P"C2 77 L' /A"W;!ES /VUC• �7Z,Wj2 T a Fc, 31-p9 9 q P 13 GOoo &9-79 � 4to-3&9563 -7 22,2 —q q-3j3gr � I i"Rmlo w 0 a 0 L. a a� 3 0 a CO ca M N O N C d E t t� Q Packet Pg. 737 16.C.1.g Additional Contact Information Send payments to: (required if different from Company name used as payee above) Contact name: L 0 4- Title: vi E a� Address: w CO City, State, ZIP L 3 0 a Telephone: a 3 L L w Email: .E Office servicing Collier N County to place orders (required if different from c above) N Contact name: C z m Title: ~ L Address: M 3 ca 0 City, State, ZIP = 0 Telephone: ca 0 Q E Email: E Np add i-hoVia 1 in f-o 0 CL 0 L a L 3 0 a CO CO J M N O N C d E t t� Q Packet Pg. 738 16.C.1.g CoI[ier county Administrative Services Department Procurement Services Division Form 2: Conflict of Interest Certification 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. Las -chA"16r l e Company Trame aw b&A94 G Signature -T&J-7' &1aado Co�fidJJr�i- Print Name and Title State of County of The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of (month), (year), by (name of person acknowledging). Personally Known OR Produced Identification Type of Identification Produced (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Packet Pg. 739 2020 FLORIDA PROFIT CORPORATION ANNUAL. REPORT DOCUMENT# P13000069792 Entity Name: LBS POWER TECHNOLOGIES INC Current Principal Place of Business: 415 NW FLAGLER AVE SUITE 301 STUART, FL 34994 Current Mailing Address: 415 NW FLAGLER AVE SUITE 301 STUART, FL 34994 US FEI Number: 46-3685037 Name and Address of Current Registered Agent: ANDERSON CASTRO, P.A. 2103 CORAL WAY SUITE 800 MIAMI, FL 33145 US FILED Jan 31, 2020 Secretary of State 1913897686CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail Title PRES Title VP Name LIMON, FERNANDO Name LIMON, ELENA Address 415 NW FLAGLER AVE STE 301 Address 415 NW FLAGLER AVE SUITE City -State -Zip: STUART FL 34994 City -State -Zip: STUART FL 34994 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as ifmade under oath; that 1 am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: FERNANDO LIMON MONTANO PRESIDENT 01/31/2020 Electronic Signature of Signing Officer/Director Detail Date 16.C.1.g P(Q o 1. 6 �I Packet Pg. 740 16.C.1.g CO Ier COHHty Administrative Services Depatnent Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (httns:llwww.e-ve�ll, at the time of the submission of the Vendor's proposalibid. Acceptable evidence of your enrollment 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 which will be produced at the time of the submission of the Vendor's proposal/bid or within five (S) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALBID MAY DEEM THE VENDOR'S 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/bid. Company Name Signature Print Name and Title State of County of The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of (month), (year), by (name of person acknowledging). Personally Known OR Produced Identification Type of Identification Produced (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Packet Pg. 741 16.C.1.g E-Verify Welcome Company Teri Delgado LBS Power Technologies, Inc Company Information Company Name Company ID Number LBS Power Technologies, 1540128 Inc DUNS Number 079419612 Physical Location Mailing Address Address 1 Address 1 415 NW Flagler Ave Ste 301 — Address 2 Address 2 City city Stuart — State State FL — Zip Code Zip Code 34994 — County MARTIN Additional Information Employer Identification Number Total Number of Employees 463685037 5 to 9 Administrator Organization Designation Employer Category Federal Contractor without FAR E-Verify Clause i View / Edit j NAILS Code Total Hiring Sites 541 - PROFESSIONAL, 1 SCIENTIFIC, AND View/Edit TECHNICAL SERVICES View / Edit View Original MOU Template User ID TDEL3444 = MENU Doing Business As (DBA) Name LBS Power Technologies Inc Parent Organization Total Points of Contact 2 View I Edit Last Login: 05/11/2020 03:58 PM U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Enable Permanent Tooltips Accessibility Download Viewers to O CL O a` L Q 3 O a to m J M N CD N C d t 0 M Q Packet Pg. 742 11i.C.1.g Collier County Cc Mr C 14tay Form 5 Reference Questionnaire (USE•'ONE ! ORM FOR EAC'f! REQLIRED REFERENCE) Solicitation: Reference Ouestionnaire for: Solicitation 20-7723 ruoge JjJ9<7h0 s I.vr. (Name of Company Requesting Reference Information) FE.4-V.41vi LQW nV (Name of Individuals Requesting Reference Information) Name: R�� /a, e yK11Vvf Company: 1C L ocMeL� u�� (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) eliN .C•o.� G Email: %gjP� , �y y ' �1 gl V Qft FAX: ' Telephone: 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/indivdival 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 M." Project Description: ► , .�` • �P s S/ S C/r1 Completion Date: Project Budget: Project Number of Days: _ _ r Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). lY 3 Quality of work. tl 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. l lJ 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. O 10 Overall comfort level with hiring the company in the future (customer satisfaction). f l 'E► TOTAL SCORE OF ALL ITEMS a 3/31/2020 1:11 PM p. 39 """UPDATED JANUARY 28, 20206" Packet Pg. 743 16.C.1.g Collier County C Ir: r CAMinty ,4uy'wha.r SCYlKRS y4rsipr Form 5 Reference Questionnaire [USE ONE FORM FOR EACH REQUIRED REFERENCO Solicitation: Reference uestionnaire for: w6'ec��vacd��s ��i►✓�. (Name of Company Requesting Reference Information) FrRA14-o,vi b t-xgw rnVA.) Z-�oVIJ (Name of Individuals Requesting Reference Information) Name: Richard Gibbs (Evaluator completing reference Company: Loch Harbour Group Inc. questionnaire) (Evaluator's Company completing reference) FAX: Telephone:703 584 0068 Solicitation 20-7723 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/indivdival 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: Support Parts for Federal GSA ScheduleGgmnletion Date: On Going _— Project Budget: Projec Number of Days: C� eW� pQ /XD✓, ].0 j8 Item Criteria Score (must be completed` l Ability to manage the project costs (minimize change orders to scope). /U 2 Ability to maintain project schedule (complete on -time or early). /J 3 Quality of work. /V 4 Quality of consultative advice provided on the project. / V 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. %0 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. v 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS 3/31/20201:11 PM p. 39 '""UPDATED JANUARV 29, 2010"'• Packet Pg. 744 Collier County 16.C.1.g Solicitation 20-7723 FORM 6 IF APPLICABLE GRANT PROVISIONS AND ASSURANCES FORMS ARE PROVIDED IN SEPARTE PACKAGE AND MUST BE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. \N 3/31/2020 1:11 PM ***UPDATED JAN Packet Pg. 745 16.C.1.g Form w=9 (Rev. October 2018) Department of the Treasury In tome! Revenue Service t N f] io ID co Request for Taxpayer Identification Number and Certification ► Go to www.Irs,gov/FarrnW9 for instructions and the latest information. ame lay shown on your income tax return). Name is required on this line; do not leave this line blank. uness narrlerdtaregarded entity name, if different from above LBS POWER TECHNOLOGIES INC Give Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply on to following seven boxes. N cartatn entities, not individuals; see Individual/sole proprietor or ❑ C Corporation❑ S Corporation ❑Partnership ❑ TrusUestate instructions on page 3): single -member LLC ❑ I.Imited liability comPeny. EnW the tax classification (C=C corpOrattcn, S=S corporalbn. P=Partnership) ► Note- Check the appropnoto box in the Arlo above for Ih® tax classification of the s ngle merrier Owner , qo not check LLC if the LLC S classified as a Single LLC that is disregarded from the owner unless the owner of the LLC is another LLC that -0 not disregarded from the uwnef for U.S. federal tax ounpos S. DFftwwu3A, a single -main bsr LLC the Is disregarded from the owner should chock the appropriato box for the tax dassifiea4on of its owner_ [) Other tseo mstruetx nwl ► (number. street. and apt, or suite no,) See instructions. 415 NW FLAGLER AVE STE 301 state, and ZIP code STUART, FL 34994 ust account numberfs) here (opt Exempt payee code (it any) Exemption from FATCA reporting code (if any) (Apph lu a[za & me b~ _1" rM U S) oquester's name and address (optional) ABB INC. 305 GREGSON DRIVE CARY, NC 27511 Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals. this Is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. seourfty or Note: If the account is in more than one name, see this Instructions for line 1. Also see What Name and �Ye► idrrrtiticatton number Number To Give the Requester for guidelines on whose number to enter. ITA F— T Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Intemal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (it any) indicating that I am exempt from FATCA reporting is correct. CerdRtsstion Instructions. You must crosscut item 2 above it you have been nolified by the IRS that you are currently subject to backup withholding because YOU have failed to report all Interest and dividends on your tax refum, For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of "secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and ga amity, paymonta other than ;merest and clivlderids, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign of Here U.S.U-S. person ► L � � /'P%' oat. ► ! Z'� 1 Z General Instructions • Form 1099-DIV (dividends, including those from stocks or mutual Section references are to the Internal Revenue Code unless otherwise funds) noted. • Form 1099-MISC (various types of income, prizes, awards, or gross Future developments. For the latest information about developments proceeds) related to Form W-9 and its instructions, such as legislation enacted Form 1099-B (stock or mutual fund sales and certain other after they were published, go to www.+rs.goviFormW9, transactions by brokers) Purpose of Form • Form 1099-S (proceeds from real estate transactions) An individual or entity (Form W-9 requester) who is required to file an • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T (tuition) Identification number MN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption • Form 1099-C (canceled debt) taxpayer identification number (ATIN), or ernpioyer Identification number • Form 1099-A (acquisition or abandonment of secured property) (EIN), to report on an information return the amount paid to you. or other amount reportable on an information return. Examples of information Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN, returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) N you do not refum Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, Aster, Cat. No. 10231X Form W-9 (Rev. 10-2018) Packet Pg. 746 16.C.1.g Collier County Solicitation 20-7723 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.coniftcexempt/ 2. ® Employer's Liability $_1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000_single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage.ned Owned/Non-ow/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. rn 0 a 0 a L d 3 0 a rn m J M N 0 N c d E s c� Q 3/31/20201:11 PM Packet Pg. 747 1 ti.C.1.g Collier County Solicitation 20-7723 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. L 0 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. y Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to E the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions °r regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. L 3/31/20 - CC 0 3 0 a m Vendor's Insurance Statement 3 L L We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five w (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. vi Name of Firm L$5�ou,1°r' Tchnol&�5,-15/� Date ��'Jlz� C14 gN Vendor Signature ,p � �JJ�� Print Name �C/ri b� l�ij Ctf�U , Con pro//�� Z • m Insurance Agency %Seem` ce dJ Awen eA, ~ Agent Name MaHba- Kay e% /i S Telephone Number ,��• �� /�S f � 3/31/2020 1:11 PM Packet Pg. 748 16.C.1.g 20-7723 Uniterrupted Power Systems Bid Schedule Provide hourly rates for the positions below. Material mark-up shall be strictly 10% and subcontractor mark-up is 15%. Position Unit of measure Unit Price After Hours and Holidays Supervisor per hour $185.00 $280.00 Licensed Journeyman per hour $185.00 $280.00 Apprentice per hour $100.00 $125.00 EngineeringlDesipn per hour $185.00 $280-00 Provide prices for preventative maintenance inspection. To be considered for an award for this category, the contractor must enter a price for items 1 - 5. Item A System Description Weighted uhi lien B Total (Multiply Column A by Column A) Price per Unit 1 0 - 20 KVA 18 $250.00 $4,500.00 2 21-40KVA 41 $300.00 $12.300.00 3 41 - 80 KVA 18 $350.00 $6,300.00 4 Greater than 81 KVA 13 $400.00 $5,200.00 5 Off -hours surcharge ]0 $75.00 $750.00 F Preventative Maintenance Inspection TOTAL $29,050.00 Price for On -call Services: to be considered for an award, the contractor must enter a price for items 7 - 12 below. Items 7 -12 below are being used strictly for evaluation purposes, as general examples of work, and are not specific requests for work. A B Total Item System Description (Multiply Column A by Weighted Multiplier Price per knit Column Bl Typical Scope of Work Under $1,000: "fhe following issues have been found for a 7 unit and needs to be addressed -Replace burned battery wiring found on inspection needing replace -Replace loose battery terminal connections found on inspection 20 $31N1.1N1 $6,000.00 needing replacement Typical Scope of Work Between $1,000 and $3,000: -Replace low reading battery 8 found on inspection -Replace bad diodes, capacitors, SCR's or fuses found during 15 $740.00 $11,100.00 inspection Typical Scope of Work Between $3,000 and $20,000: -Replace worn or damaged 9 controls found during inspection -Replace bad printed circuit board -Replace logic 45 $740.00 $33,300.00 power supplies Typical Scope of Work Between $20,000 - 40,000: -Replace full bank of batteries 10 due to weak batteries or longevity replacement recommendation from UPS 10 $1,100.00 $11,000.00 manufacturer Typical Scope of Work Between $40,000 and $50,000: 1 I -Full turnkey UPS System replacement 5 $4,500.00 $22,500.00 Typical Scope of Work $50,000 +: i 2 -Full turnkey UPS System replacement 5 $5,000.00 $25,000.00 13 On -Call Services TOTAL $108,900.00 Category Weighted Total Preventative Maintenance $29,050.00 38% $ 11,039.00 On -Call Services $108,900 00 62% $ 67,518.00 Total S 7$ 557.00 Packet Pg. 749 GV IU - LULU 16.C.1.g MARTIN COUNTY BUSINESS TAX RECEIPT Honorable Ruth Pietruszewski CFC. Tax Collector 3485 S.E. Willoughby Blvd., Stuart, FL 34994 (772) 288-5604 Lic Fee 26 25 Penalty 0.00 Coll -Fee 0.00 Transfer 0.00 TOTAL 26.25 LIMON, FERNANDO LBS POWER TECHNOLOGIES INC Has satisfied requirements to engage in the business profession or occupation of 650 ELECTRONIC at location listed for the period beginning on September 30, 2019 AND ENDING September 30, 2020 Account 2014-650-0896 Cert Category 650 Sic No Phone (772)985-4558 Location 725 SE DIXIE HWY 807-18-00022446 PAID 221111 *�Rvu�v LBS POWER TECHNOLOGIES INC 415 NW FLAGLER AVENUE, SUITE 301 STUART, FL 34994 THIS FORM BECOMES A RECEIPT ONLY WHEN VALIDATED BY RECEIPTING MACHINE. ANYONE DOING BUSINESS WITHOUT VALID BUSINESS TAX RECEIPT IS SUBJECT TO A $250 FINE. IF NOT PAID BY SEPT. 30th, A DELINQUENT PENALTY OF 10% FOR THE MONTH OF OCTOBER, PLUS A 5% PENALTY FOR EACH MONTH THEREAFTER UP TO 25%, PLUS COLLECTION COSTS WILL APPLY. NOTE: A PENALTY IS IMPOSED FOR FAILURE TO KEEP THIS BUSINESS TAX RECEIPT EXHIBITED CONSPICUOUSLY AT YOUR ESTABLISHMENT OR PLACE OF BUSINESS_ oC^ccp&7�1"l Ile -env Packet Pg. 750 16.C.1.g Collier C;014nty Administrative Services Division Procurement Services Date: April 13, 2020 Email: Viviana.Giarimoustas@colliercountyfl.gov Telephone: (239) 252-8375 Addendum 1 From: Viviana Giarimoustas, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation 20-7723 Uninterrupted Power Systems 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. Excel attachment UPS Sample Equipment List has been added. Note: This list can be used as an example of the current equipment, however it is not inclusive of all equipment at this time. If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. a2! 44��-�e7/ 5//3106 (Signature) Date (Name of Firm) Packet Pg. 751 LBSPOW -01 16.C.1.h '4coRo CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDDIYYYY) 9/11 /2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! N BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 3 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. O IL IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed -0 If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement or +) this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). C PRODUCER License # OE67768 CONTACT Mirla Ramirez NAME: s: PHONE FAX (A/C, No, Ext): (561) 721-3769 (A/C, No): +�+ C Insurance Office of America Abacoa Town Center 1200 University Blvd, Suite 200 ADDRESS: Mirla.Ramirez@ioausa.com Jupiter, FL 33458 INSURERS AFFORDING COVERAGE NAIC # INSURER A:Ohio Security Insurance Company 24082 M N INSURED INSURER B : Travelers Indemnity Company of America 25666 ~ ti INSURER C : LBS Power Technologies Inc. o N INSURER D : 415 NW Flagler Ave Apt 301 O Stuart, FL 34994 Z INSURER E: INSURER F : m COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI! CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W D POLICY NUMBER POLICY EFF MM DD YYYY POLICY EXP MM DD YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS -MADE X OCCUR X BKS2160667935 1/23/2020 1/23/2021 DAMAGE TO RENTED PREMISES Ea occurrence 300,1 $ MED EXP (Any oneperson) $ 15,1 PERSONAL & ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 POLICY �! PECOT- LOC PRODUCTS - COMP/OP AGG $ 2,000,1 $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,1 $ X BODILY INJURY Perperson) $ ANY AUTO X BAS2160893684 1/23/2020 1/23/2021 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED L NON -OWNED AUTOS ONLY AUTOS ONLY $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,1 X AGGREGATE $ 3,000,1 EXCESS LIAB CLAIMS -MADE ES02160667935 1/23/2020 1/23/2021 DED RETENTION $ $ B W KERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A UBOR1953992042V 6/1/2020 6/1/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,1 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,1 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Uninterrupted Power Systems #20-7723 Certificate Holder, Board of County Commissioners in Collier County, Collier County Government, and Collier County are additional insureds with respects General Liability on a primary non contributory basis per form CG 88 10 04 13 as required by written contract. Certificate Holder, Board of County Commissioners in Collier County, Collier County Government, and Collier County are additional insureds with respects to Auto Liability per form AC 85 34 I 18 as required by written contract. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Collier County Board of County Commissioners n 3295 Tamiami Trail E. �V{+ NnnlPFI AA11� ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 752 16.C.1.h COMMERCIAL AUTO AC 85 34 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 3 FLORIDA BUSINESS AUTO COVERAGE a ENHANCEMENT ENDORSEMENT CL This endorsement modifies insurance provided under the following: r c BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified N by the endorsement. ti If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement N Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in Z that specified state. n, COVERAGEINDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 12 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 23 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 3 EXTRA EXPENSE -BROADENED COVERAGE 10 HIRED AUTO COVERAGE TERRITORY 21 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN / LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 22 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 7 TRAILERS - INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 20 SECTION I - COVERED AUTOS is amended as follows: 1. TRAILERS - INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I - COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. © 2018 Liberty Mutual Insurance AC 85 34 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 753 16.C.1.h SECTION II - LIABILITY COVERAGE is amended as follows: 2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured is amended to include the following as an "insured": e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per provision 22, this policy is excess over any other collectible insurance. 5. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. L 3 0 a a� a 3 L c © 2018 Liberty Mutual Insurance AC 85 34 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 754 16.C.1.h SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500. L 3 0 a a� a 3 L c © 2018 Liberty Mutual Insurance AC 85 34 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 755 16.C.1.h 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.13. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. L 3 0 a a� a 3 L m r c © 2018 Liberty Mutual Insurance AC 85 34 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 756 16.C.1.h 14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: o a a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: a (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and c (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with ti this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property c will be reduced by a $100 deductible. N 6 15. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) Z 00 A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: L The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one M "accident" is the greater of the: o 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan"; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; i. Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". C. SECTION V - DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. Q © 2018 Liberty Mutual Insurance AC 85 34 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 757 16.C.1.h 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insured's" name and address; and (c) The names and addresses of any injured persons and witnesses. © 2018 Liberty Mutual Insurance AC 85 34 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 758 16.C.1.h 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with driver. 22. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V - DEFINITIONS is amended as follows: 23. BODILY INJURY REDEFINED Under SECTION V - DEFINITIONS, Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. a� 3 0 a a� a 3 `m c © 2018 Liberty Mutual Insurance AC 85 34 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 759 COMMERCIAL GENERAL LIAB 16.C.1.h CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY - ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 L 0 (L a L L c ca> N ti ti 0 N 0 z m t— E L 3 0 c 0 r M c a� E E 0 0 a) 00 v M © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission Packet Pg. 760 16.C.1.h With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. L A. NON -OWNED AIRCRAFT 3 0 Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, a exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: a 1. It is not owned by any insured; 0 L 2. It is hired, chartered or loaned with a trained paid crew; c 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and cli 4. It is not being used to carry persons or property for a charge. N However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. Q © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 761 16.C.1.h b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises c Rented To You as described in Section III - Limits Of Insurance. a 2. Paragraph 6. under Section III - Limits Of Insurance is replaced b the following: 9 p p Y g� a 3 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or ai (2) While rented to you or temporarily occupied by you with permission of the owner for ti damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- c tems; or `" b. Contents that you rent or lease as part of a premises rental or lease agreement. 6 z m 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: M 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises M that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily o occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION a� E If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy U are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph00 (b) of Paragraph a. is replaced by the following: M T (b) The expenses are incurred and reported within three years of the date of the accident; and c N F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B N 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: CD m b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising i out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have N to furnish these bonds. 5 2. Paragraph 1.d. is replaced by the following: ° d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or o defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. U m G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or a organization whom you have agreed to add as an additional insured in a written contract, written m agreement or permit. Such person or organization is an additional insured but only with respect to J M liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole N or in part by: ti a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance; of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or Q © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 762 16.C.1.h b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or L a� d. Operations performed by you or on your behalf for which the state or political subdivision has o issued a permit subject to the following additional provisions: a a� (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- 0- vertising injury" arising out of the operations performed for the state or political subdivision; ' L (2) This insurance does not apply to "bodily injury" or "property damage" included within the r S "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following N hazards: ti ti (a) The existence, maintenance, repair, construction, erection, or removal of advertising N signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- Z m sures; or (b) The construction, erection, or removal of elevators; or 3 (c) The ownership, maintenance, or use of any elevators covered by this insurance. f° 0 r However: 0 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and r 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- c E ance afforded to such additional insured will not be broader than that which you are required by E the contract or agreement to provide for such additional insured. a00i With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: to 00 (1) All work, including materials, parts or equipment furnished in connection with such work, on r the project (other than service, maintenance or repairs) to be performed by or on behalf of the c additional insured(s) at the location of the covered operations has been completed; or C� (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 763 16.C.1.h 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a� a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. o a b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. a 3 L c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- °r ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, ai reports, surveys, field orders, change orders or drawings and specifications; or N ti (2) Supervisory, inspection, architectural or engineering activities. N This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in Z the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- m rence" which caused the "bodily injury" or "property damage", or the offense which caused the H "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 3 d. "Bodily injury" or "property damage" occurring after: c (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the c additional insured(s) at the location of the covered operations has been completed; or E (2) That portion of "your work" out of which the injury or damage arises has been put to its c intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you N have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from m the additional insured's policy for damages we cover. E R .r r a © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 764 16.C.1.h b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or c primary and non-contributory, this insurance is excess over any other insurance for which the addi- a tional insured is designated as a Named Insured. a Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and Q © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 765 16.C.1.h advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful inte cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to L 3 your "employee". 0 a. K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: L 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in ai which the entity was acquired or formed by you; N b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you ti c acquired or formed the organization; and N 0 c. Coverage B does not apply to "personal and advertising injury" arising out of an offense Z committed before you acquired or formed the organization. m d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint M venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies $ as an insured under this provision. _ 0 L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES r f° Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 766 16.C.1.h P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: L a. Expected Or Intended Injury c a "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. as This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of a reasonable force to protect persons or property. i m Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A a CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- ai fer Of Rights Of Recovery Against Others To Us: ti We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 767 16.C.1.i L FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT 3 0 a # 20-7723 a for ' L Uninterrupted Power Systems THIS AGREEMENT, made and entered into on this day of 2020 by and between LBS Power Technologies Inc authorized to do business in the State of Florida, whose business address is 415 NW Flager Ave, Ste 301, Stuart, FL 34994 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ■❑ upon the date of Board approval ❑ on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑o Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ n Invitation to Bid (ITB) ❑ Qtht # 20-7723 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 768 16.C.1.i L d 3 3.1 This Agreement contains the entire understanding between the parties and any a modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement 3 Procedures in effect at the time such services are authorized. 3.2 FMJ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3-4 ❑ 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): 1101-1111 . . ...... w M= � Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. W Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) Packet Pg. 769 16.C.1.i L d 3 4.2 Any County agency may obtain services under this Agreement, provided a sufficient funds are included in their budget(s). a 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" cli as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. -- ... - - -,- Y ..- - - - --- - - . "Ttr0mr-T-B72VI-- - -TAULZ- •_ WINE 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) , Packet Pg. 770 16.C.1.i L d 3 Company Name: LBS Power Technologies Inc a° Address: 415 Power Technologies Inc Stuart FL 34994 3 L L Authorized Agent: Fernando Limon, President / Elena Limon, VP Attention Name & Title: Teri Delgado, Controller Telephone: (772) 444-3135 cli E-Mail(s): accountinq(cDlbspower.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Damon Grant Division Name: Facilities Management Division Address: 3335 Tamiami Trail East Naples, Florida 34117 Administrative Agent/PM: Miguel Carballo Telephone: 239-252-8380 E-Mail(s): Miguel Carballoacolliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page A of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) Packet Pg. 771 16.C.1.i L 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use 3 in any manner whatsoever, County facilities for any improper, immoral or offensive a purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect 3 or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after cl receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during N the suspension period until the violation has been corrected to the satisfaction of the z° County. m 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. 0 Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑M Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 0 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 772 16.C.1.i III "Tr AVA � • - _ .• - • • • - • • _ - - '��T.7i::SILT.fT•T.i'�,t.�7G71"T..7��i'.T - ZI s4aim- Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) k Packet Pg. 773 16.C.1.i L 13.1 The duty to defend under this Article 13 is independent and separate from the duty to 3 indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, a County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to 3 Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. M 14, AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15, CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ R-FW 0 ITB/0 QtheF #20-7723 , including Exhibits, Attachments and Addenda/Addendum, ❑ subregw8Rt quotes WMJ ❑ 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) r Packet Pg. 774 16.C.1.i L located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be 3 amended; taxation, workers' compensation, equal employment and safety including, but a not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 3 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE M CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS N AT: c Communication and Customer Relations Division m 3299 Tamiami Trail East, Suite 102 ~ Naples, FL 34112-5746 Telephone: (239) 252-8999 3 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 8 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) Packet Pg. 775 16.C.1.i L d 3 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County a encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the 3 discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any N part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement N between the County and Contractor, to such extent as may be necessary in the County's z° opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party m claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed c within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or o (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or uniiquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. 0 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) r A� Packet Pg. 776 16.C.1.i L particular service. These warranties shall survive inspection, acceptance, passage of title 3 and payment by the County. a a� Contractor further warrants to the County that all materials and equipment furnished under 3 the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. -. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. FE� TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. A-1 PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it Page 10 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 777 16.C.1.i L foresees as a result of the change. Except in an emergency endangering life or property, 3 or as expressly set forth herein, no addition or changes to the Work shall be made except a upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, 3 employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ..._ .. - .. ._. _ _WNW Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) Packet Pg. 778 16.C.1.i L 0 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized 3 for this Agreement shall be knowledgeable in their areas of expertise. The County a reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor 3 shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. Fn� ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. .... .- - •• - -- .- ..-•-. - - . - ---- - - - - _ - - 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) , Packet Pg. 779 16.C.1.i L County separates from their employment. This notification is critical to ensure the 3 continued security of Collier County facilities and systems. Failure to notify within four (4) a hours of separation may result in a deduction of $500 per incident. a 38. A SAFETY. All Contractors and subcontractors performing service for Collier County are L required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for P the safety of their employees and any unsafe acts or conditions that may cause injury or N damage to any persons or property within and around the work site.Pr Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) . '_0! Packet Pg. 780 16.C.1.i IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller 0 (SEAL) Dated: Contractor's Witnesses: ,W &J��d Contractor's First Witness -1-6R I bel!S c&o TType/print witness nameT Con actor's 8econd Witness ll �tm bat l l l TType/print wit ess nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 13 Burt L. Saunders , Chairman LBS Power Technologies Inc Contractor DBA By: L _11�_ Signature rn(1 n�jo l.tmon foUn, uy_d pff-SIdinf TType/print signature and title t Page 14 of 17 I ixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l) QA0s� Packet Pg. 781 16.C.1.i Exhibit A Scope of Services ❑■ following this page (pages 1 through 8 ) ❑ this exhibit is not applicable a Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 11-7 Packet Pg. 782 16.C.1.i 20-7723 "Uninterrupted Power Systems" EXHIBIT A SCOPE OF SERVICES This contract is awarded on a Primary/Secondary/Tertiary per category basis. In order to maintain the integrity and continuous operation of the Uninterrupted Power Supply (UPS) units/systems in various County owned and leased buildings throughout the County, the Contractor will perform the following, but not limited to: 1. Preventative maintenance inspection services for units and batteries; 2. Provide labor and parts for routine repair services for units and batteries and 3. Provide labor and parts for on -call repair services for units and batteries. It is the intent of the County that the UPS systems experience minimal down time; therefore, the Primary Contractor shall respond within eight (8) hours from the time the notice is issued, if the Primary Contractor does not respond within the timeframe or is unable to work on a specific system, the County will proceed with the Secondary Contractor. If the Secondary Contractor does not respond within the timeframe or is unable to work on a specific system, the County will proceed with the Tertiary Contractor. While the County intends to use the Contractor(s), the County reserves the right, at any time to request additional quotes or bids from other contractors (per the Board's Procurement Ordinance), The Contractor shall provide preventative maintenance inspection services, repairs services, urgent and on -call repair services including, but not limited to Emerson systems, Liebert systems, Eaton systems, APC systems. Services shall include, but not limited to: 1. Battery replacement / installation 2. Battery preventative maintenance 3. UPS replacement / installation 4. UPS preventative maintenance The Contractor(s) may be required to use the County's Work Management procedures, such as utilizing work order forms or future online work order system, at no additional cost to the County or Contractor. The Contractor will be responsible for utilizing any systems used by the County for work orders under the resultant agreement. The Contractor must provide requested certifications and licenses necessary to perform the services outlined in this scope. The Contractor(s) shall use qualified technicians to complete all work in accordance with the Manufacturer's guidelines to satisfy the requirements specified in the bid. Technician credentials may be requested by the County. A. PREVENTATIVE MAINTENANCE The preventative maintenance covered by this scope of work includes (all inspections or processes may not be applicable to all equipment types or models): Visual Inspections: a. Inspect all printed circuit board connections for cleanliness, swab contacts if necessary; b. Inspect all power connections for signs of overheating; c. Inspect all subassemblies, bridges, and legs for signs of component defects or stress; Pagel of 8 Exhibit A -Scope of Services i.r Packet Pg. 783 16.C.1.i d. Inspect all DC capacitors for signs of leakage; e. Inspect all AC capacitors for signs of leakage; f. Inspect and inventory all customer -owned spare parts; g. Inspect for and perform, as required, any open engineering changes; h. Inspect insulation, overheating, and physical damage; and i. Inspect battery monitoring system. 2. Internal Operating Parameters: a. Control calibrations — check / adjust, as necessary; b. DC Ground Detection Offset, if applicable; c. Inverter leg current average phase balance, if applicable; d. Output filter current average phase balance; e. Rectified bridge current average leg balance; f. AC Protection settings are checked; g. DC Protection settings are checked; h. Calibrate and record all electronics to system specifications; i. Input and Output Frequency and Voltage Bandwidth settings are checked; j. Verify DC filter capacitance; k. Verify AC tank and trap filter capacitance including balancing of items; 1. Power Supply voltages and waveforms; m. Update firmware as necessary with written approval by an appropriate County Representative (parts if required are included at no charge with full parts coverage if the equipment is under warranty. If there is no service agreement, the parts may be billed at actual cost with 10% mark-up. n. Evaluate Field Service Bulletins (FSBs) for potential updates (parts if required are included at no charge with full parts coverage if the equipment is under service agreement. If there is no warranty, the parts may be billed at actual cost with applicable 10% mark-up. 3. External Operating Parameters: a. System Input Voltages, all phases; b. System Input Currents, all phases; c. DC Charging Voltages (float and equalize), record settings, and adjust to nominal; d. Rectifier phase on and walk-up; e. Inverter phase on and walk-up; f. Adjust all panel meters to measured values; g. System Bypass Voltages, all phases; h. Manual and UV Transfer Testing, verify uninterrupted transfer waveform, if applicable; Page 2 of 8 Exhibit A -Scope of Services (r, Packet Pg. M 16.C.1.i i. Outage Simulation, batter capability testing, and verify charger current limit; and j. Generator operation and interface verification, if applicable. 4. Environmental Parameters: a. UPS area ambient temperature and condition of ventilating equipment; b. General Cleanliness of UPS Power Module; c. General Cleanliness of UPS area; d. Replace air filters as applicable and necessary (parts if required are included at no charge with full parts coverage if the equipment is under Service Agreement. If there is no warranty, the parts may be billed at actual cost with applicable mark-ups as quoted on the Bid Schedule); e. Clean outside of UPS including control panel/CRT screen; and 5. Battery Cabinet Checks: a. General appearance of battery systems (all types); b. General cleanliness of batter system areas (all types); c. Verify the integrity of the battery rack/cabinet; d. Inspect all DC connections for abnormalities; e. Inspect cells for physical abnormalities; f. Check batter for current limits, input limits, overload levels, and over temp circuits; g. Check for corrosion on battery terminals and connectors; h. Clean batteries as necessary; i. Verify proper torque on connections; j. Verify the condition of the ventilation equipment, if applicable; k. Check the appearance of the battery room, if applicable; 1. Battery system area ambient temperature and condition of ventilating equipment; and in, For internal batters only — measure and record: i. Overall battery float voltage; ii. Charger output current and voltage; iii. Negative terminal temperature of one cell/battery per battery cabinet shelf or rack tier; and iv. Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330). 6. Monitoring System Parameters: a. Alarm archive review and printing; b. Alarm lamp test -local and remote, if applicable; c. Replace all open monitor bulbs; d. Inspect battery monitoring system; and e. Review battery test in history, if applicable. Page 3 of 8 Exhibit A -Scope of Services mow. Packet Pg. 785 16.C.1.i 7. Circuit Breakers / Isolators: a. Check capacitors for swelling or leaks; 3 b. Verify free travel; and a- c. Check magnetic / thermal settings. m Q. L 8. Additional Items: L a. Synchronizing verification: i. Utility Sync and Transfer to bypass; ii. Transfer from bypass to UPS; N iii. Verify voltage and phase lockout; and ti 0 iv. Verify static bypass operation. N c b. Fuses need verified for type, value, and condition; z m c. Power Measurements (on-line): L i. Output RMS current (Phase and Neutral); and 3 ii. Output Peak current (Phase and Neutral). d. Cleaning/Air Flow — check fans, doors, and compartment seals c c :r i. Replace filters; and ii. Clean Module. m E e. Clean normal cell dirt/dust accumulation, when possible. 0 f. Battery recycling is required and shall be included in the pricing. m g. Check nuts, bolts, screws, and connections for tightness and heat discoloration. 00 h. Operational testing of the system including unit transfer and battery discharge. 9. General: � d a. Customer consultation; aM b. Verbal recommendations; and in o c. General observations. a� ) Following the preventative maintenance inspection, a written report / check list will be provided to the appropriate County Representative detailing the results of the inspection, services completed, and making specific recommendations for future remedial action, upgrades, etc. Preventative maintenance on each unit / system / battery is required to be completed in accordance with the Manufacturer's recommendations. Preventative maintenance will be billed by item serviced. Actual records must be provided for payment. These records will include but not be limited to a summary spreadsheet for each unit serviced with the date of service and an attestation signed by the awarded Contractor(s). Typically, preventative maintenance will be completed during normal business hours, Monday - Friday 7:OOam — 5:00pm; however, the County may request preventative maintenance during off -hours, as deemed necessary by the County representative or designee. An off -hour rate is provided in Exhibit B. Equipment Manufacturer Service Plans offered from the Manufacture may be added as a separate "turnkey" item for specific units, as needed by County Divisions. When these services occur, a quote following the pricing methodology of the solicitation will be requested from the awarded Contractor(s). Page 4 of 8 Exhibit A -Scope of Services Packet Pg. 786 16.C.1.i B. ON -CALL SERVICES (for regular and urgent equipment maintenance, repair, and replacement identified in the scope of work) 3 The two types of maintenance, repair, and replacement services required are: a- • Regular Repair Work: Regular repair work is work that is performed during normal business hours Monday - m Friday 7:00am — 5:00pm excluding County recognized holidays. The County Representative or designee will provide a scope of work to be performed by the Contractor and request that a "time and materials" quote be provided. The quote shall be provided to the appropriate County Representative within two (2) business days c unless otherwise agreed to. The Contractor will commence the quoted work upon receipt of an approved purchase order from the County representative or designee. Contractor shall complete the regular repair work within two (2) business days, unless otherwise directed by the County representative or designee. In the event that the N Contractor does not fulfill these response requirements, the County reserves the right to contact the Secondary ti Contractor or another Contractor to perform the scope of work. N Urgent Repair Work: Urgent repair work is work that is specifically requested and approved in writing by an appropriate County Representative or designee for work to be performed outside of normal business hours. The County representative or designee will identify the needed maintenance, repair and replacement for the life, health, safety or equipment/facility urgent and request a "Time and Material" quote based on urgent rates outlined in Exhibit B Fee Schedule. The County Representative or designee may direct the Contractor to commence work through a verbal direction; and a purchase order will be issued to the Contractor as soon as possible. If any repair is deemed urgent, all parts must be shipped overnight, and repairs are to start immediately upon the part being received. Overnight charges (per After Hour rates outlined in Exhibit B Fee Schedule) must be shown as a separate line item on the invoice and proof of the charges shall be attached to the invoice. Failure to show proof of overnight charges my delay payment. The approved purchase order will contain the job specific scope of work. The County Representative or designee reserves the right to specify the period of completion. C. QUOTES • "Time and Material' Quotes shall provide: 1. The expected number of work hours by each position times the hourly rate and the extended total; 2. The breakdown of the cost for supplies, parts and any rental equipment used for the scope of work. The Contractor must provide copies of receipts with their invoice. D. INVOICING 1. Invoices shall include copies of receipts for supplies/materials, expedited shipping charges and equipment rental and copies of subcontractors itemized invoice(s). Contractor invoices shall include number of hours worked and hourly rate by position as quoted on the bid schedule. Mark-up percentages (where applicable) per the bid schedule. The County reserves the right to request copies of timekeeping or payroll records. 2. No mark-up will be allowed for freight or shipping charges. A copy of the freight/shipping invoice must be attached to the Contractors invoice. Expedited shipping charges will be allowed if written approval by a County Representative is also attached to the Contractors invoice. Invoice shall reference Purchase Order number, location where work was performed, date(s) work was performed and completed. The following invoice lines (where applicable): a subtotaled line for cost of material and supplies, a line for the mark-up percentage for the material and supplies as quoted on the bid schedule, a line for hourly rate x number of hours (subtotaled), a line for total subcontractor charges, a line for mark-up for subcontractor charges, a line for expedited shipping charges. Invoice shall be totaled. Failure to attached copies of receipts and subcontractor invoices may delay and/or prevent proper payment E. CONTRACTOR RESPONSIBILITIES Page 5 of 8 Exhibit A -Scope of Services :A( Packet Pg. 787 16.C.1.i The Contractor(s) awarded for preventative maintenance inspection services, repair services, urgent and for regular on -call services will provide: I . All necessary labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the preventative maintenance inspection services, repairs, and on -call services for the County's systems. Except as noted herein, travel fees will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. A contractor will not be allowed to bill for administrative hours. 2. All work shall be a "turnkey" operation to include all repairs, site clean-up and restoring the work area to its original condition. The resultant contract provides for any services deemed necessary to complete the job, through means of Contractor(s) in-house expertise or sub -contracted work as needed (back-up documentation will be required for sub -contracted work). The Contractor(s) shall ensure that all areas and equipment (i.e. UPS units and systems, batteries, etc.) be kept clean and free from dirt, dust and debris. 3. Where necessary, work shall include proper permitting, as required, and the Contractor(s) shall be responsible for permit submissions, unless otherwise instructed by the County. 4. The Contractor(s) shall maintain a sufficient number of qualified personnel to accomplish the County's work schedule. 5. Time is of the essence with respect to all provisions within the contract. Any delay in performance, not approved in writing by an appropriate County Representative or designee shall constitute a material breach of the contract. 6. The Contractor will use technicians who are trained and experienced with brands serviced. A qualified engineer (with all related licenses and certifications being current and in full force and effect) with the experience and ability to "pull" all permits required for any and all system renovations, when necessary and applicable. F. RESPONSE TIME 1. Urgent response shall be provided within four (4) hours from the time notice is issued from the County. Repairs shall begin within twenty-four (24) hours of the initial call unless otherwise agreed by the County. 2. Regular response shall be within two (2) business days from the time the notice is issued from the County. Repairs shall begin after the Contractor is in receipt of an approved purchase order from the County. G. CALL SCHEDULE Contractor(s) will provide an on -call schedule twenty-four (24) hours a day, seven (7) days per week, 365 days per year. The Contractor shall provide the County with an on -call telephone number(s) for standard, technical, and urgent services. H. REPLACEMENT /REPAIR PARTS All replacement / repair parts must be approved by an appropriate County Representative or designee and be of genuine and original manufacturer's parts. The Contractor(s) will be required to provide proof of the Original Manufacturer's parts through providing invoices or photographs at the time of invoice submission. The Contractor(s) shall be required to expressly warrant that all replacements are new and free from defects, warranted for their merchantability and meet the performance specifications of the original equipment for one year from installation. In the event a portion, or all of an order, is found to be defective when delivered and/ or installed, the Contractor shall immediately replace the equipment at no cost to the County. I. WARRANTIES All new equipment warranty work shall be provided by the original warranty supplier. All warranty responsibility for previously purchased, but still under warranty, equipment will continue to be provided by the original warranty supplier until expiration of the warranty period. Upon expiration of the warranty period, responsibility for maintenance shall automatically transfer to the Contractor, unless otherwise directed by the County representative or designee. All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty item, the Contractor shall notify the County representative or designee, who will then have the responsibility of placing and tracking the Page 6 of 8 Exhibit A -Scope of Services .f* O` Packet Pg. 788 16.C.1.i warranty trouble call with the warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty trouble call to the County representative or designee shall be provided by the Contractor at no additional cost to the County. c a - Parts, replacement parts, and fixtures shall be new and warranted for a minimum of one (1) year, or the maximum allowed by the manufacturer. All labor for repairs shall have a minimum ninety (90) day warranty. Q. L J. ADDITIONS AND DELETIONS OF EQUIPMENT `m The County reserves the right to add or to delete any system equipment from service provided under this Contract as described herein, upon written notification by the County designee to the Contractor via an internal issued addendum. The County, or designee, shall attempt to provide advanced notice to the Contractor of all additional and/or new N equipment; however, should Contractor's personnel receive a maintenance or repair call and records show that the r CD individual piece of equipment is not inventoried or covered by this Agreement, the Contractor personnel will perform N repairs as if equipment was covered by this Agreement and shall notify the County designee. c z Equipment removed shall not be billed for the month of removal. K. RECORDS AND DOCUMENTATION The Contractor(s) is responsible to maintain and update records for each type of equipment serviced. The documentation will include, and not be limited to, records of all service calls, preventative maintenance performed, and any system modifications, if applicable. The Contractor(s) will maintain a service log at the site of each piece of equipment maintained. The Contractor(s) will not charge for any call back work. All recovery reports shall be sent to the County Representative, or their designee, noting date, type, quantity, location, and disposal information. L. INSPECTIONS The County and the Contractor(s) may conduct an inspection of the completed services provided in response to any resulting purchase order. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected within 24 hours after receipt of notification, at the Contractor's expense. If the Contractor(s) fails to correct the defects within this time frame, the County shall be entitled to have the work remedied, charge a deduction / fine (see Section M - Performance Measures), and the Contractor(s) shall be fully liable for all costs and expenses reasonably incurred by the County. M. PERFORMANCE MEASURES The Contractor shall maintain compliance with the following performance measures: 1. The Contractor(s) shall provide 100% of all required reports and records within the time frame specified to the County's Representative, or their designee. 2. The Contractor(s) shall advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above -outlined performance measures. 3. The Contractor(s) shall furnish all necessary labor, tools, equipment and services to perform contracted services specified in the contract. 4. The County shall have the immediate right to complete the work to its satisfaction, through the use of County employees or outside contractors as deemed necessary, the total sum of the County employee's hours and materials cost(s) and/or outside vendor invoices shall be immediately deducted from the Contractor's invoice. N. CLEAN-UP The Contractor(s) shall be responsible for removing all debris from the site and cleaning affected areas. The Contractor(s) shall keep the premises free of debris and unusable materials resulting from their work or upon request by the County's representative. The Contractor(s) shall leave all affected areas as they were prior to beginning work. There will be no cost to the County for clean-up. Page 7 of 8 Exhibit A -Scope of Services Packet Pg. 789 16.C.1.i O. EQUIPMENT INVENTORY The Contractor(s) shall, under no circumstances, remove any equipment containing a County asset sticker. The Contractor(s) shall request that, when replacing equipment, the asset sticker be removed by an appropriate County c staff member authorized to adjust equipment inventory records. a m P. SURVIVABILITY CLAUSE The Contractor(s) agree, will honor, and finish work for any purchase order that extends beyond the expiration date of the original solicitation and/or contract. These purchase orders will survive and remain subject to the terms and conditions of the agreement until the completion or termination of the purchase order. Page 8 of 8 Exhibit A -Scope of Services kAo) Packet Pg. 790 16.C.1.i 4 `j` MU, Fee Schedule following this page (pages 1 through Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.l ) CA, , Packet Pg. 791 16.C.1.i A. B. C. 0 L d ITB# 20-7723 "Uninterrupted Power Systems" 3 0 a Exhibit B FEE SCHEDULE Q. L L LBS Power Technologies, Inc. will serve as the Primary Contractor for Preventative Maintenance and as the Secondary Contractor for On -Call Services. PREVENTATIVE MAINTENANCE Item System Description B Price per Unit 1 0 - 20 KVA $250.00 2 21 - 40 KVA $300.00 3 141 - 80 KVA $350.00 4 Greater than 81 KVA $400.00 5 Off -hours surcharge $75.00 ON -CALL SERVICES Item System Description Unit Price Typical Scope of Work Under $1,000: The following issues have been found for a unit and needs to I be addressed -Replace burned battery wiring found on inspection needing replace -Replace loose $300.00 battery terminal connections found on inspection needing replacement Typical Scope of Work Between $1,000 and $3,000: -Replace low reading battery found on $740.00 2 inspection -Replace bad diodes, capacitors, SCR's or fuses found during inspection Typical Scope of Work Between $3,000 and $20,000: -Replace worn or damaged controls found $740.00 3 during inspection -Replace bad printed circuit board -Replace logic power supplies Typical Scope of Work Between $20,000 — 40,000: -Replace full bank of batteries due to weak $1,100.00 4 batteries or longevity replacement recommendation from UPS manufacturer 5 Typical Scope of Work Between $40,000 and $50,000: $4,500.00 -Full turnkey UPS System replacement 6 Typical Scope of Work $50,000 +: $5,000.00 -Full turnkey UPS System replacement HOURLY RATES Position Unit of measure Unit Price After Hours and Holidays Supervisor per hour $185.00 $280.00 Licensed Journeyman per hour $185.00 $280.00 Apprentice per hour 1 $100.00 $125.00 Engineering/Design per hour 1 $185.00 $280.00 MARKUP Material Markup 10% Subcontractor Markup 15% 1 F Packet Pg. 792 16.C.1.i Description: ❑ following this page (pages ❑■ this exhibit is not applicable L Other Exhibit/Attachment 3 0 a m a L through _) Page 17 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) C AQ) Packet Pg. 793 SPECIALIZING IN POWER SYSTEMS AND ENGINEERING FAKOURI ELECTRICAL ENGINEERING, INC. CORPORATE OFFICE 30001 Comercio Rancho Santa Margarita, CA 92688 949. 888. 2400 800. 669. 8862 FAX 949. 888. 2416 www.fee-ups.com REGIONAL SERVICE CENTERS NATIONWIDE "Excellence through innovation, engineering and experience" (Est. 1975) Certified "HENV -4 Wmnetis Business Enterprise 16.C.1.j May 8, 2020 Collier County Procurement Services Division 3295 Tamiami Trail East, Bldg. C-2 Naples, FL 34112 a) ta. RE: ITB — Solicitation No. 20-7723 for Uninterrupted Power Systems- Due May 13, 2020 10:00amEST L Dear Procurement Services Divisiont: ui E m FEE is pleased to provide you with the attached bid and supporting documentation for Uninterrupted N co Power Systems for locations throughout Collier County, per the bid specifications. 3 Contact Information/ Mailing Address: 0 a Fakouri Electrical Engineering, Inc. +; Contact: Charles W. Ewalt 30001 Comercio L Rancho Santa Margarita, CA 92688 Phone. (800) 669-8862 / (949) 888-2400 Fax: ()49) 888-24.16 Email. Cew,& fte ups.c.uln At its inception in 1975, Fakouri Electrical Engineering, Inc. was the first independent UPS maintenance services and engineering organization. Since then we have helped set the standard for customer satisfaction in the design, installation and service of critical power applications. Today we are the nation's largest third party, critical power specialists. We have extensive experience and knowledge in UPS & battery maintenance and installation services. FEE is ISO 9001:2015 Certified. Additionally, FEE is nationally recognized as a Women -Owned Small Business recognized by the WBENC and certified by the California Public Utilities CorrAnission. FEE is also licensed and in good standing with C-10 (electrical), C-20 (HVAC), and B (general construction). FEE is also a professional Engineering (PE) organization providing design and turn key solutions for critical power systems. Below is a brief list of all the services FEE provides on a national level. We have a proven track record of performance for over 40 years in UPS services. Design Engineerine & Installation Services: I Preventive Maintenance & Emergency Services: FF & I -Data Center Facilities UPS Power Systems EF & I - Telecom DC Plants Rotary UPS Systems UPS Turn -key Installations Telecom DC Power Plants Battery, Fan & Capacitor Replacement 48VDC Rectifier Systems Site Survey / Power Audits 48VDC Inverter Systems Single Point Failure Analysis Battery Back-up Systems Forensic Power Investigation Emergency Generator Systems Facility Power Evaluation Automatic 'Transfer Switches (ATS) Facilities Systems Management Power Distribution Systems (PDU`s) EF & I - Emergency Generator and Co Generation Remote Monitoring Systems Plants. UPS Reconditioning/Refurbishment Power Equipment sales & service Disaster/Recovery Support Packet Pg. 794 16.C.1.j To summarize the FEE Advantage and Technical Description: m ➢ Providing nationwide UPS critical power service since 1975 with an unsurpassed dedicated staff M (40 years of UPS service) c ➢ Qualified field experienced professionals with power system training (APC, Exide, m Liebert/Emerson, Eaton Powerware, MGE, Mitsubishi, IPM, Chloride, Lorain, Peco, Caterpillar, Q. Onan, Asco, Russelectric, etc.) `p ➢ The only independent UPS organization that is ISO 9001:2015 certified for UPS service and installation. to ➢ (WBE)-Established and Registered Women Business Enterprise. ➢ National UPS "Vendor of Choice" via qualifying process for organizations such as AT&T, Cal co Trans, Citigroup, California Department of Motor Vehicles, IRS, CenturyLink Communications, Social Security Administration, USDA, US Postal Service, to name a few. 3 ➢ General Liability insurance (10 million), professional (5 million) ° a ➢ Electrical, HVAC and Construction Licenses (C-10, C-20 & B) am ➢ Professional Engineering department and licenses (P.E.) to provide consultation, design, complete Q. turnkey installation projects (EF&> and power analysis for data center facilities `m c Should you have any cluestions or require additional it►fortnution, 111ett 10 (10 ttc,t IION4a10 10 contact tW Al (800) 669-8862. Sincerely, Charles W. Ewalt COO Enc. Packet Pg. 795 16.C.1.j Corr County Administrative Services Departn-aent Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. Vendor should checkoff each of the following items: General Bid Instructions has been acknowledged and accepted. Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Form 1: Vendor Declaration Statement �y Form 2: Conflict of Interest Certification Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. [ Vendor MUST bp enrolled in the F, Verify https://www.e verify.gov/ at the time of submission of the proposal/bid. tI Form 3: Immigration Atfidavtt Certification MUSTbe signed and attached with your submittal or you MAY be llL+EMED NON -RESPONSIVE 21/ E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. ❑ Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. CJ j A Form 5: Reference Questionnaires form MUST be utilized for each required reference and included with your submittal, or you MAY be DEEMED NON -RESPONSIVE. ❑ Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. P I A [ // Vendor W-9 Form. Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. The Bid Schedule has been completed and attached with your submittal, applicable to bids. Copies of all requested licenses and/or certifications to complete the requirements of the project. All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. ❑ County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable.— P/A Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. 19 79 Packet Pg. 796 16.C.1.j Co ver county Administrative Services Department Prmuierrnent Services Division Form 1: 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 hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. 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 work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this --F—: day of IVI 4V 20 Zein the County of f'�t�.yaT - in the State of e.n -Cmrol .i Firm's Legal Name: Fx} uRt eG{ �� „�� i,� �,�d�_, Address: 3om Conner t] City, State, Zip Code: 0_-A Florida Certificate of F::: 1 5 b DODO L{ 39 Authority Document Number S 3 y y I �( Federal Tax Identification Number *CCR # or CAGE Code CA (;--C C_od-e *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: ewa-1 --P- c.0 5. GorvL L4 ng Packet Pg. 797 Collier County AdminWrabve Services Department Prowrement,9ervires Division Form 2: Conflict of Interest Certification Affidavit 16.C.1.j 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 followinv: 1. All documents produced its a result of the work completed in the past or cutTently 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. Fpl ko u,2r` 0eJ0 k,e-u- I t -Ql r Company Name 1A? Signature Cl,�tr�le5 ZJ• 6i.a 1 I C-- O.O - Print Name and Title State of C. A 1 t -( :r ,0� .7.- County of 0(a 0 I .1 The foreg-oQ,ing instrument was acknowledged before me by means ofphysical presence or ❑ online notarization, this _ "say o f YVI (month), '2- o -ZD (year), by , (� (name of person acknowledging). dh .,h LISAC.FINDLAY Notary Public - California Z Orange County i Commission # 2232635 (Signature of Notary Public - 1O My Comm. Expires Mar 26. 2022J C A t l (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification C Ar 1% P6(P, a -Dt i aer L ,-.e f- Type of Identification Produced Packet Pg. 798 16.C.1.j Additional Contact Information Send payments to: k 0 L.L 2 % GleIcLJ I �►x (required if different from Company name used as payee � above) Contact name: jy1 q 9-% S<,A Gu t me � f'rfz c d Title: 5a. Ae-e- j,,A-az+ L a Address: 3 c-)yQ i C` c vr►e-y-, i; L 0 City, State, ZIP {A tj L v 5rA .,3c1 ui Telephone: 9 4 q-$ 8 S_ A 4 o O O R 9100 .1 N co Lm 3 0 a Email: Yyl C-a 1 M e ► eL r -Pee - i k,os , C4n W- m L Office servicing Collier ,� ; �-(-� E i�� ► ►.5t' 1- ► L �% c County to place orders (roquired if different from above) Contact name: /ue 1 C[ ti ti Title: !� ; re `-te_ a -CAL s� 5 O N 0 z Address: • vop i C-,D m er'C,.- m H City, State, ZIP �� q c a' YV1 q► ctP�► C! Z4' 3 � Telephone: oc- TOO a 0 0 Email: k ne 4�2_ 5 a rv— c 0 c m E E 0 0 m to w M N O CL 0 L. IL 'L 7 O U- M N O N C d E M t1 a Packet Pg. 799 16.C.1.j State of Florida Department of State I certify from the records of this office that FAKOF TRI FLEC'TRICAL ENGINEERING, INC. is a California corporation authorized to transact business in the State of Florida, qualified on October 2, 2015. The document number of this corporation is F 15 0000043 83. 1 furlher cerlilj, that said coip0tati011 lists Ilaid all lees dlle Lhis Office 1111011gli December 31, 2020, that its most recent annual report/uniform business report was filed on March 27, 2020, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-seventh day of March, 2020 Secretary of Statie Tracking Number: 9296327649CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https.Ilservices.sunbiz.org/Filings/CertificateOfStatus/CertircateAuthentication v N ti 0 N Packet Pg. KO 16.C.1.j Gorier County Administrative Services Depaarlment Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www.e-verify.goyl), at the time of the submission of the Vendor's proposal bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed &Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALBID MAY DEEM THE VENDOR'S 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 Nattonalay Acl ("[NA"). 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/bid. rct,.kouR+ Company Name Signature G,Aale-r I- C• a• o Print Name and Title State of LA 1 + -6-") County of C -&, 2ne_ The foregoing instrument was acknowledged before me by means of � physical presence or El online notarization, this -day of (month), �i-02-o (year), by 6- I1 I s c J L 4- (name of person acknowledging). LISA C. FINDLAY Notary Public - California IaMy Orange CountyCommission N 223263'5 Comm. Expires Mar 26, 2022 Personally Known OR Produced Identification >4 fAi)ct.310c k►t1U t A C d&K-C- Type of Identification Produced (Signature of Notary Public - State off CAI C AI vFcr-o9i (Print, Type, or Stamp Commissioned Name of Notary Public) L4 Pg N O a 0 IL .L 7 0 Y LL M N 0 N c d z tt a Packet Pg. 801 E-Verify: Employer Wizard - Company Information Page 1 16.C.1.j E-Verify Welcome = MENU Lisa Findlay Company Information Company Name fakouri electrical engineering, inc Company ID Number 926425 Doing Business As (DBA) Name fakouri electrical engineering, inc DUNS Number 021227475 Physical Location Address 1 30001 comercio Address 2 City rancho santa margarita State CA Zip Code 92688 County ORANGE Mailing Address Address 1 Address 2 City Packet Pg. 802 https:He-verify.uscis.gov/web/EmployerWizard.aspx E-Verify: Employer Wizard - Company Information Page 2 16.C.1.j State Zip Code Additional Information Employer Identification Number 953441196 Total Number of Employees 20 to 99 Parent Organization fakouri electrical engineering, inc Administrator Organization Designation Employer Category Federal Contractor with FAR E-Verify Clause Federal Contractor Category None of these categories apply Employees Being Verified All new hires and all existing employees assigned to a Federal contract View 1 Edit NAICS Code 811 - REPAIR AND MAINTENANCE View I Edit Total Hiring Sites 3 View 1 Edit Total Points of Contact 1 View I Edit View Original MOU Template Packet Pg. 803 https://e-verify.uscis.gov/web/EmployerWizard.aspx E-Verify: Employer Wizard - Company Information Page 3 16.C.1.j View OU 0, SfCUfG � �iUSA � Illllll �� z Last Login: 01/29/2020 07:53 PM U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Enable Permanent Tooltips Accessibility Download Viewers Packet Pg. 804 https://e-verify.uscis.gov/web/EmployerWizard.aspx 16.C.1.j Request for Taxpayer Give Form to the Form Identification Number and Certification requester. Do not (Rev. Dotobor2018) Department of the Treasury send to the IRS. Internal Revenue Service l► Go to www.irs.gov/FormlN9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Fakouri Electrical Engineering, Inc. 2 Business name/disregarded entity name, if different from above eD 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to Rfollowing seven boxes. certain entities, not individuals; see a instructions on page 3): o ❑ individuadsole proprietor or ElC Corporation F] S Corporation ElPartnership ElTrust/estate W ai C single -member LLC Exempt payee code (f any) 2 [] Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► p Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting C y LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that v r= is disregarded from the owner should check the appropriate box for the tax classification of Its owner. d ❑ Other (see instructions) ► (Applies to accounts mantaned outside the U.S.J 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) Q) 30001 Comercio U) 6 City, state, and ZIP code Rancho Santa Margarita, CA 92688 7 List acoount numbers} here (optional) Fmin Taxpayer Identification Number (TIN) Enteryour TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SHowever, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - m - entitiesit is vour ennDlover identification number ON). If you do not have a number, see How to aet a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 9 5 1 - 1 3 1 4 1 4 1 1 1 1 9 1 6 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of Here I U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.govlFormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► Zj -- g.- 7"0 "e • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-0 (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if yuu are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X For Packet Pg. 805 16.C.1.j INSURANCE AND BONDING REQUIREMENTS Insurance I Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at httns://apps.fldfs.com/bocoxempt/ 2. ® Employer's Liability $_1,000,000� single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000_single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, dainages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fives, to the extant caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage.ned Owned/Non-ow/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10.03.8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that be is required to meet. Th, same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of Count. Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must stat the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed of behalf of Collier County. a Packet Pg. 806 12. ® On all certificates, the Certificate Holder must read Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 16.C.1.j Collier County Board of County Commissioners, 3295 Tamiami 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed tc the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All question regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 3/31/20 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Name of Firm CC, Lo J R F_ �e� ��t i�� +��.-a�- Date Vendor Signature zv, Print Name Crk AL s v� • �� l k Insurance Agency isk qf+e 5j ra,a-e- 0,--.x-tj Agent Name L r d 2 F6-r w+-er' Telephone Number -71 q- H 3 O- c�v35 Packet Pg. 807 Efficiently, Regulate Fairly. We constantly strive to serve you L 16.C.1.j A you for doing business in Florida, and congratulations on yo STATE OF FLORIDA DEPARTMENT do-pr OF GULASS AND PROFESSIONAL EC13007269 ISSUED:05/01/2019 ELECTRICAL. CONTRACTOR IVICANDREW, PH€LIP ALEXANDER FAKOURI ELECTRICAL ENGINEERING, IN k'k Signature LICENSED UNDER, CHAPTER489, FLORIDA STATUTES EXPIRATION DATE: AUGUST 31, 2020 Packet Pg. 808 16.C.1.j Registration Certificate This document certirtes that the administration systems of a ouri Electrical Er ailneerlong, Inc 30007 Cornerci©, Rancho Santa Margarita, CA 92688, USA have been assessed and approved by QAS International to the following management systems, standards and guidelines: 150 900 7 : 20 7 5 The approved administration systems apply to the fallowing: fakouri Electrical Engineering, Inc. located in Rancho Santa Margarita, California, provides Major Corporations at their Data Centers and Facilities with Electrical Design, Entire „Turnkey" XF&11 Installations, Engineering Consultation and Maintenance Services for Critical Bower Equipment such as UPS Systems, UPS Battery Plants, Emergency Diesel Generators, ATS Switchgear, Power Distribution and 48 ADC Telecom Power Plants. Clause 7 I. S, Monitoring and measurinq resources, is not applicable to the Quality Management System. Original Approval ....-.. 60. November 2003 Current Certificate Wh i=ebruary2Q?0_._...... Certificate Expiry __-- s1h February 20.21...---- Certificate Numbef....._. (m51809................. Signed: Certification Officer of CAS International This certificate remains valid while the holdw maintains thew adcrrinislration systems in accordance with the standards and guidelines stated above, Which will be audited annually by OAS International The hoidens entitled to display ttk aboye registration mark for the duration of this cergicale. which should be returned to QAS Intemational upon reasonable request Issuing Office' QAS inlernationat, 5 Technology Park, Caiindeep Lane, London, NW9 GBK. UK M M N `£ZLL-0Z 'ON 8ll Peme o; uoi;epu8wwO38M : ggti£ 0 lesodoad i,anoMezi £ZLL-0Z :;uGwt43elly ., • U.1 �xrr ci' CL u.} z ui '� tWil Ln LU V d z Q m u UD < z Z Z Ld Q N u n Z16 � o A sue 1 1.0 z V v� 0- w m z W U) WM I�r tt� VJ Q z 0 4 c ;- ire t " 0 W) r } �Ln�.r ..Cr ct Q D U � 73 1 U cy a di cl j Kn rn u 1-3 CJ ;n r G CAS f V) 3f f O N N crr�y O st O Cl) O o E o o Q � po [o () C U Q- U a�5 LLI 16.C.1.j Od er County Administrabve SeMces Envision Procurement Services Date: April 1.3, 2020 Email: Viviana.Giarimoustas@colliercountyfl.gov Telephone: (239) 252-8375 Addendum 1 From: Viviana Giarimoustas, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation 20-7723 Uninterrupted Power Systems Tha ., Following clarifications are issued as an addendum idontifving, tho following clarification to the score of work. changes, deletions. or additions to the original solicitation document rot the lefeie11CCd solicitation: Change 1. Excel attachment UPS Sample Equipment List has been added. Note: This list can be used as an example of the current equipment, however it is not inclusive of all equipment at this time. If you require additional information please post a question on our Bid Sync (www.bids nc.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) (Name of Firm) Date Packet Pg. 811 16.C.1.j C017 C014nty Administrative Services Depatno tt Procurement Services Divisson Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 20-7723- TIPS -Battery Maintenance & UPS -Battery Installations Reference Questionnaire for: Fakouri Electrical Ensineerin!. Inc. (Name of Company Requesting Reference Information) Mo Lamari & Lisa Findlay (Name of Individuals Requesting Reference Information) Name:Michael Rendina (Evaluator completing reference questionnaire) Email: michael.r.rendina@lmco.com FAX: nla Company:Lockheed Martin Space Systems (Evaluator's Company completing reference) [;olliet Comity Itas 11n171C.1n6kntod a pjucos� thftt c0110(7k Rlrolonco, ittl'trttnxtioll (it] Cifuv� and dwir hoy to tic; uhml in tho selection of [tans to pertoim this pro ,loot. 'Cho 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 firmlindivdival 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: UPS Battery Installation & Maintenance Completion Date: 9/30/2020 Project Budget: $67,238.12 Project Number of Days 365 Item Criteria Score (must be compfeted) 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. Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 6 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 19 79 to O 0. 0 L. IL �L 0 0 0 U_ M N 0 N c d E z a Packet Pg. 812 16.C.1.j Cofler County Adanisi a e Services Depatrent Procurement services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 20-7723- UPS -Battery Maintenance & UPS -Battery Installations Reference Questionnaire for: Fakouri Electrical Enzineering, Inc. (Name of Company Requesting Reference Information) Mo Lamari & Lisa Findlay (Name of Individuals Requesting Reference Information) Name: Frank Letteri (Evaluator completing reference questionnaire) Email: Fletteri@montefiore.org FAX: nla Company:Montefiere (Evaluator's Company completing reference) :646-996-2084 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of farms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for whict they hdW 1110 inusly lrerfortned work. Plttitsv collilrlete the survey. Please rate each critoria to the best of Your knowledge on a< seaah of 1 to 10, with 10 reprosonting that you worn vory satisifud (and wouldhire the fitmlindividual again) and 1 representing that yot were very unsatisfied (and would never hire the firm/indivdival 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: UPS & Battery Maintenance and Installations Project Budget: Approximately $150,000.00 Completion Date: January 2017 to present Project Number of Days: 24n1365 days Item Criteria Score (must be completed) 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 N 0 0. 0 L a .L 7 0 Y LL M N r` 0 N r C d E t t1 a Packet Pg. 813 16.C.1.j Goer County Administrative Services Department ProwrEflImt Sermes f7Msion Form 5 Reference Questionnaire {USE ONE FORM FOR EACH REQUIRED REFERENCE Solicitation: 20-7723- UPS -Battery Maintenance & UPS -Battery Installations Reference Questionnaire for: Fakouri Electrical Enzineering, Inc. (Name of Company Requesting Reference Information) Mo Lamari & Lisa Findlay (Name of Individuals Requesting Reference Information) Name:David Zimmerman (Evaluator completing reference questionnaire) Email:david.s.zimmerman@leidos-com FAX: n/a Company:LEIDOS (Evaluator's Company completing reference) :703-726-3947 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. Plaasu complete the survey. Please rate oach criteria to the best of your knowledge on a scale of 1 to 10, With 10 Ieplesenting that you Wctc very satisifcd (Fuld would hire (lie Cuit/imiividual again) and I roprosontmg that you were very unsatisfied (and would never hire the firm/indivdival again). It 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. UPS/battery pm service_ Project Budget: _$225,000 to date Completion Date: ---october 2011 to present Project Number of Days: 365 days Item Criteria Score (must he completed) 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 N O 0. 0 L. a �L 0 0 Y 0 u- M N 0 N C d E t t1 a Packet Pg. 814 16.C.1.j Coder County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 20-7723- UPS -Battery Maintenance & UPS -Battery Installations Reference Questionnaire for: Fakouri Electrical Engineering, Inc. (Name of Company Requesting Reference Information) Mo Lamari & Lisa Findlay (Name of Individuals Requesting Reference Information) Name:Dan Kilker Company:United States Postal Service (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: dan.m.kilker@usps.gov FAX: n/a T 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 Pleaso eomplety tho survey Pic;mo rato kkaol► oritoria to tho boo of your Icnowledeo on a scalp of I to 10, with 10 reprosonting that you wore very satisifed (and would hire the firmlindividUal again) and 1 rclrrescLtting that yeti were very unsatisfied (and would never hire the firmlindivdival 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: UPS System Maintenance Project Budget: Completion Date: Continual Project Number of Days: NIA Item Criteria Score (must be com leted) I 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 o1 going forward doculgenL'aLion, UL.) 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 19 79 N O rL 0 L. IL �L 0 0 0 LL M N 0 N C d E t t1 a Packet Pg. 815 16.C.1.j cols county Administrative Services Departrmnt Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Solicitation: 20-7723- UPS -Battery Maintenance & UPS -Battery Installations Reference Questionnaire for: Fakouri Electrical Engineering, Inc. (Name of Company Requesting Reference Information) Mo Lamari & Lisa Findlay (Name of Individuals Requesting Reference Information) Name:Ross Harrison (Evaluator completing reference questionnaire) Email: rarrison@cecfg.com FAX: n/a Company:CEC Facilities Group (Evaluator's Company completing reference) 17-734-0040 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 sattsited (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the itrm/tndtvdtual again). 11 you do not have sufficient knowledge of past petfotmatice in a particular area, leave it blank and the item or form will be scored "0." Project Description: UPS PM's Completion Date: Jan V 2019 Project Budget: $300,000 Project Number of Days: 365 Item Criteria Score (must be completed) 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 S 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 19 79 N O rL 0 L. IL 0 0 tL M N t• 0 N C d E t t1 a Packet Pg. 816 16.C.1.k FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 20-7723 for Uninterrupted Power Systems THIS AGREEMENT, made and entered into on this day of 2020 , by and between Fakouri Electrical Engineering, Inc. , authorized to do business in the State of Florida, whose business address is 30001 Comercio Rancho Santa, Margarita, CA 92688 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing 0 upon the date of Board approval ❑ on --and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement co under all of the terms and conditions contained in this Agreement for up to one hundred co and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. _ P in 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon -0 issuance of a X Purchase Order ❑ 1 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ M Invitation to Bid (ITB) ❑ (�thor r ) # 20-7723 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein w and made an integral part of this Agreement. 0 100] The Contractor shall also provide services in accordance with Exhibit A — Scope of M Services attached hereto. 0 N C E Page 1 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) r Q Packet Pg. 817 16.C.1.k 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 0 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. ME MIN - 11_ 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): Q Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of T materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected > that the project requirements would most likely change. As a general business practice, 1 these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable w documentation for the project. 0 0 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, Ui including labor, materials, equipment, overhead, etc.) for a repetitive product or service N delivered (i.e. installation price per ton, delivery price per package or carton, etc.). ThePr invoice must identify the unit price and the number of units received (no contractor N inventory or cost verification). Page 2 of 17 aD E Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) r +r Q Packet Pg. 818 16.C.1.k 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 44 TFayel and ReimbUF6emeRt6 shall be at the fell-VA,ing, 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 819 16.C.1.k Company Name: Fakouri Electrical Engineering, Inc. Address: 30001 Comercio Rancho Santa Margarita, CA 92688 Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Charles Ewalt, Vice President/C.O.O (949) 888-2400 / (800) 669-8862 Cewalt(a)fee-ups com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Damon Grant Division Name: Facilities Management Division Address: 3335 Tamiami Trail East Naples, Florida 34117 Administrative Agent/PM: Miguel Carballo Telephone: 239-252-8380 E-Mail(s): Miguel Carballo(a colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 820 16.C.1.k 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. W Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑i Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. F■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 821 16.C.1.k Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 822 16.C.1.k 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), IExhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RF=P 0 ITB/❑t'h�eF #20-7723 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequeRt q' ete6, and ❑ 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) Packet Pg. 823 16.C.1.k located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 8of17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) CA() Packet Pg. 824 16.C.1.k 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. 0 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 825 16.C.1.k particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. 0 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. X PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it Page 10 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 826 16.C.1.k foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. - - - - - -MOHM . • - • . • - • _ . - -._Mal. _ • - - - _ • . w Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) ,A Packet Pg. 827 16.C.1.k 0 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. Fn� ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. �.. .. , --I. _=W . ._ .. .. ,... ... .- . _ ..w.. ,_ _ .. _ .- - w� ... -. A. ■ . - w . . 0 RM-- - 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 828 16.C.1.k County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. 0■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 829 16.C.1.k IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders , Chairman (SEAL) Dated: _ Fakouri Electrical Engineering,_ Inc. Contr.na tor'a_-Wiitnesses: Contractor DBA a By: , on is First Witness Signature Q a i0 a TTypelprint signature and titleT TvoeAvrint witness nameT Contrabtor's Second Witness Nq rr 55a d of mulct TTypelprint witness name' Approved as to Form and Legality: County Attorney Print Name Page ld of 17 rixed'Perm service M111ti-Contractor Agreement 2017.008 (Ver.l ) Packet Pg. 830 16.C.1.k Exhibit A Scope of Services F■ following this page (pages 1 through 8 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) k.`fy4 a f Packet Pg. 831 16.C.1.k 20-7723 `Uninterrupted Power Systems" EXHIBIT A SCOPE OF SERVICES This contract is awarded on a Primary/Secondary/Tertiary per category basis. In order to maintain the integrity and continuous operation of the Uninterrupted Power Supply (UPS) units/systems in various County owned and leased buildings throughout the County, the Contractor will perform the following, but not limited to: 1. Preventative maintenance inspection services for units and batteries; 2. Provide labor and parts for routine repair services for units and batteries and 3. Provide labor and parts for on -call repair services for units and batteries. It is the intent of the County that the UPS systems experience minimal down time; therefore, the Primary Contractor shall respond within eight (8) hours from the time the notice is issued, if the Primary Contractor does not respond within the timeframe or is unable to work on a specific system, the County will proceed with the Secondary Contractor. If the Secondary Contractor does not respond within the timeframe or is unable to work on a specific system, the County will proceed with the Tertiary Contractor. While the County intends to use the Contractor(s), the County reserves the right, at any time to request additional quotes or bids from other contractors (per the Board's Procurement Ordinance). The Contractor shall provide preventative maintenance inspection services, repairs services, urgent and on -call repair services including, but not limited to Emerson systems, Liebert systems, Eaton systems, APC systems. Services shall include but not limited to: 1. Battery replacement / installation 2. Battery preventative maintenance 3. UPS replacement / installation 4. UPS preventative maintenance The Contractor(s) may be required to use the County's Work Management procedures, such as utilizing work order forms or future online work order system, at no additional cost to the County or Contractor. The Contractor will be responsible for utilizing any systems used by the County for work orders under the resultant agreement. The Contractor must provide requested certifications and licenses necessary to perform the services outlined in this scope. The Contractor(s) shall use qualified technicians to complete all work in accordance with the Manufacturer's guidelines to satisfy the requirements specified in the bid. Technician credentials may be requested by the County. A. PREVENTATIVE MAINTENANCE The preventative maintenance covered by this scope of work includes (all inspections or processes may not be applicable to all equipment types or models): 1. Visual Inspections: a. Inspect all printed circuit board connections for cleanliness, swab contacts if necessary; b. Inspect all power connections for signs of overheating; c. Inspect all subassemblies, bridges, and legs for signs of component defects or stress; Page 1 of S Exhibit A -Scope of Services Packet Pg. 832 16.C.1.k d. Inspect all DC capacitors for signs of leakage; e. Inspect all AC capacitors for signs of leakage; f. Inspect and inventory all customer -owned spare parts; g. Inspect for and perform, as required, any open engineering changes; h. Inspect insulation, overheating, and physical damage; and i. Inspect battery monitoring system. 2. Internal Operating Parameters: a. Control calibrations — check / adjust, as necessary; b. DC Ground Detection Offset, if applicable; c. Inverter leg current average phase balance, if applicable; d. Output filter current average phase balance; e. Rectified bridge current average leg balance; f. AC Protection settings are checked; g. DC Protection settings are checked; h. Calibrate and record all electronics to system specifications; i. Input and Output Frequency and Voltage Bandwidth settings are checked; j. Verify DC filter capacitance; k. Verify AC tank and trap filter capacitance including balancing of items; 1. Power Supply voltages and waveforms; in, Update firmware as necessary with written approval by an appropriate County Representative (parts if required are included at no charge with full parts coverage if the equipment is under warranty. If there is no service agreement, the parts may be billed at actual cost with 10% mark-up n. Evaluate Field Service Bulletins (FSBs) for potential updates (parts if required are included at no charge with full parts coverage if the equipment is under service agreement. If there is no warranty, the parts may be billed at actual cost with applicable 10% mark-up. 3. External Operating Parameters: a. System Input Voltages, all phases; b. System Input Currents, all phases; c. DC Charging Voltages (float and equalize), record settings, and adjust to nominal; d. Rectifier phase on and walk-up; e. Inverter phase on and walk-up; f. Adjust all panel meters to measured values; g. System Bypass Voltages, all phases; h. Manual and UV Transfer Testing, verify uninterrupted transfer waveform, if applicable; Page 2 of 8 Exhibit A -Scope of Services Packet Pg. 833 16.C.1.k i. Outage Simulation, batter capability testing, and verify charger current limit; and j. Generator operation and interface verification, if applicable. 4. Environmental Parameters: a. UPS area ambient temperature and condition of ventilating equipment; b. General Cleanliness of UPS Power Module; c. General Cleanliness of UPS area; d. Replace air filters as applicable and necessary (parts if required are included at no charge with full parts coverage if the equipment is under Service Agreement. If there is no warranty, the parts may be billed at actual cost with applicable mark-ups as quoted on the Bid Schedule); e. Clean outside of UPS including control panel/CRT screen; and 5. Battery Cabinet Checks: a. General appearance of battery systems (all types); b. General cleanliness of batter system areas (all types); c. Verify the integrity of the battery rack/cabinet; d. Inspect all DC connections for abnormalities; e. Inspect cells for physical abnormalities; f. Check batter for current limits, input limits, overload levels, and over temp circuits; g. Check for corrosion on battery terminals and connectors; h. Clean batteries as necessary; i. Verify proper torque on connections; j. Verify the condition of the ventilation equipment, if applicable; k. Check the appearance of the battery room, if applicable; Battery system area ambient temperature and condition of ventilating equipment; and 13 in. For internal batters only — measure and record: LM i. Overall battery float voltage; c ii. Charger output current and voltage; iii. Negative terminal temperature of one cell/battery per battery cabinet shelf or rack tier; and >i ea iv. Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330). m 6. Monitoring System Parameters: w a. Alarm archive review and printing; ' 0 b. Alarm lamp test -local and remote, if applicable; Ui M c. Replace all open monitor bulbs; N d. Inspect battery monitoring system; and N e. Review battery test in history, if applicable. c CD E s Page 3 of 8 Exhibit A -Scope of Services a (°_ Packet Pg. 834 16.C.1.k 7. Circuit Breakers / Isolators: a. Check capacitors for swelling or leaks; b. Verify free travel; and c. Check magnetic / thermal settings. 8. Additional Items: a. Synchronizing verification: i. Utility Sync and Transfer to bypass; ii. Transfer from bypass to UPS; iii. Verify voltage and phase lockout; and iv. Verify static bypass operation. b. Fuses need verified for type, value, and condition; c. Power Measurements (on-line): i. Output RMS current (Phase and Neutral); and ii. Output Peak current (Phase and Neutral). d. Cleaning/Air Flow — check fans, doors, and compartment seals i. Replace filters; and ii. Clean Module. e. Clean normal cell dirt/dust accumulation, when possible. f. Battery recycling is required and shall be included in the pricing. g. Check nuts, bolts, screws, and connections for tightness and heat discoloration. h. Operational testing of the system including unit transfer and battery discharge. 9. General: a. Customer consultation; b. Verbal recommendations; and c. General observations. Following the preventative maintenance inspection, a written report / check list will be provided to the appropriate County Representative detailing the results of the inspection, services completed, and making specific recommendations for future remedial action, upgrades, etc. Preventative maintenance on each unit / system / battery is required to be completed in accordance with the Manufacturer's recommendations. Preventative maintenance will be billed by item serviced. Actual records must be provided for payment. These records will include but not be limited to a summary spreadsheet for each unit serviced with the date of service and an attestation signed by the awarded Contractor(s). Typically, preventative maintenance will be completed during normal business hours, Monday - Friday 7:OOam — 5:00pm; however, the County may request preventative maintenance during off -hours, as deemed necessary by the County representative or designee. An off -hour rate is provided in Exhibit B. Equipment Manufacturer Service Plans offered from the Manufacture may be added as a separate "turnkey" item for specific units, as needed by County Divisions. When these services occur, a quote following the pricing methodology of the solicitation will be requested from the awarded Contractor(s). Page 4 of 8 Exhibit A -Scope of Services ..tit Packet Pg. 835 16.C.1.k B. ON -CALL SERVICES (for regular and urgent equipment maintenance, repair, and replacement identified in the scope of work) The two types of maintenance, repair, and replacement services required are: • Regular Repair Work: Regular repair work is work that is performed during normal business hours Monday - Friday 7:00am — 5:00pm excluding County recognized holidays. The County Representative or designee will provide a scope of work to be performed by the Contractor and request that a "time and materials" quote be provided. The quote shall be provided to the appropriate County Representative within two (2) business days unless otherwise agreed to. The Contractor will commence the quoted work upon receipt of an approved purchase order from the County representative or designee. Contractor shall complete the regular repair work within two (2) business days, unless otherwise directed by the County representative or designee. In the event that the Contractor does not fulfill these response requirements, the County reserves the right to contact the Secondary Contractor or another Contractor to perform the scope of work. Urgent Repair Work: Urgent repair work is work that is specifically requested and approved in writing by an appropriate County Representative or designee for work to be performed outside of normal business hours. The County representative or designee will identify the needed maintenance, repair and replacement for the life, health, safety or equipment/facility urgent and request a "Time and Material" quote based on urgent rates outlined in Exhibit B Fee Schedule. The County Representative or designee may direct the Contractor to commence work through a verbal direction; and a purchase order will be issued to the Contractor as soon as possible. If any repair is deemed urgent, all parts must be shipped overnight, and repairs are to start immediately upon the part being received. Overnight charges (per After Hour rates outlined in Exhibit B Fee Schedule) must be shown as a separate line item on the invoice and proof of the charges shall be attached to the invoice. Failure to show proof of overnight charges my delay payment. The approved purchase order will contain the job specific scope of work. The County Representative or designee reserves the right to specify the period of completion. C. QUOTES • "Time and Material" Quotes shall provide: 1. The expected number of work hours by each position times the hourly rate and the extended total; The breakdown of the cost for supplies, parts and any rental equipment used for the scope of work. The Contractor must provide copies of receipts with their invoice. D. INVOICING 1. Invoices shall include copies of receipts for supplies/materials, expedited shipping charges and equipment rental and copies of subcontractors itemized invoice(s). Contractor invoices shall include number of hours worked and hourly rate by position as quoted on the bid schedule. Mark-up percentages (where applicable) per the bid schedule. The County reserves the right to request copies of timekeeping or payroll records. 2. No mark-up will be allowed for freight or shipping charges. A copy of the freight/shipping invoice must be attached to the Contractors invoice. Expedited shipping charges will be allowed if written approval by a County Representative is also attached to the Contractors invoice. Invoice shall reference Purchase Order number, location where work was performed, date(s) work was performed and completed. The following invoice lines (where applicable): a subtotaled line for cost of material and supplies, a line for the mark-up percentage for the material and supplies as quoted on the bid schedule, a line for hourly rate x number of hours (subtotaled), a line for total subcontractor charges, a line for mark-up for subcontractor charges, a line for expedited shipping charges. Invoice shall be totaled. Failure to attached copies of receipts and subcontractor invoices may delay and/or prevent proper payment. E. CONTRACTOR RESPONSIBILITIES Page 5 of 8 Exhibit A -Scope of Services Packet Pg. 836 16.C.1.k The Contractor(s) awarded for preventative maintenance inspection services, repair services, urgent and for regular on -call services will provide: 1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the preventative maintenance inspection services, repairs, and on -call services for the County's systems. Except as noted herein, travel fees will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. A contractor will not be allowed to bill for administrative hours. 2. All work shall be a "turnkey" operation to include all repairs, site clean-up and restoring the work area to its original condition. The resultant contract provides for any services deemed necessary to complete the job, through means of Contractor(s) in-house expertise or sub -contracted work as needed (back-up documentation will be required for sub -contracted work). The Contractor(s) shall ensure that all areas and equipment (i.e. UPS units and systems, batteries, etc.) be kept clean and free from dirt, dust and debris. 3. Where necessary, work shall include proper permitting, as required, and the Contractor(s) shall be responsible for permit submissions, unless otherwise instructed by the County. 4. The Contractor(s) shall maintain a sufficient number of qualified personnel to accomplish the County's work schedule. 5. Time is of the essence with respect to all provisions within the contract. Any delay in performance, not approved in writing by an appropriate County Representative or designee shall constitute a material breach of the contract. 6. The Contractor will use technicians who are trained and experienced with brands serviced. A qualified engineer (with all related licenses and certifications being current and in full force and effect) with the experience and ability to "pull" all permits required for any and all system renovations, when necessary and applicable. F. RESPONSE TIME Urgent response shall be provided within four (4) hours from the time notice is issued from the County. Repairs shall begin within twenty-four (24) hours of the initial call unless otherwise agreed by the County. Regular response shall be within two (2) business days from the time the notice is issued from the County. Repairs shall begin after the Contractor is in receipt of an approved purchase order from the County. G. CALL SCHEDULE Contractor(s) will provide an on -call schedule twenty-four (24) hours a day, seven (7) days per week, 365 days per year. The Contractor shall provide the County with an on -call telephone number(s) for standard, technical, and urgent services. H. REPLACEMENT /REPAIR PARTS All replacement / repair parts must be approved by an appropriate County Representative or designee and be of genuine aM and original manufacturer's parts. The Contractor(s) will be required to provide proof of the Original Manufacturer's c parts through providing invoices or photographs at the time of invoice submission. d The Contractor(s) shall be required to expressly warrant that all replacements are new and free from defects, warranted >i for their merchantability and meet the performance specifications of the original equipment for one year from installation. In the event a portion, or all of an order, is found to be defective when delivered and/ or installed, the Contractor shall immediately replace the equipment at no cost to the County. w I. WARRANTIES All new equipment warranty work shall be provided by the original warranty supplier. All warranty responsibility for M previously purchased, but still under warranty, equipment will continue to be provided by the original warranty M supplier until expiration of the warranty period. Upon expiration of the warranty period, responsibility for maintenance shall automatically transfer to the Contractor, unless otherwise directed by the County representative or designee. c N i.i All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty item, the Contractor shall notify the County representative or designee, who will then have the responsibility of placing and tracking the E Page 6 of 8 Exhibit A -Scope of Services '. w Packet Pg. 837 16.C.1.k warranty trouble call with the warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty trouble call to the County representative or designee shall be provided by the Contractor at no additional cost to the County. Parts, replacement parts, and fixtures shall be new and warranted for a minimum of one (1) year, or the maximum allowed by the manufacturer. All labor for repairs shall have a minimum ninety (90) day warranty. J. ADDITIONS AND DELETIONS OF EQUIPMENT The County reserves the right to add or to delete any system equipment from service provided under this Contract as described herein, upon written notification by the County designee to the Contractor via an internal issued addendum. The County, or designee, shall attempt to provide advanced notice to the Contractor of all additional and/or new equipment; however, should Contractor's personnel receive a maintenance or repair call and records show that the individual piece of equipment is not inventoried or covered by this Agreement, the Contractor personnel will perform repairs as if equipment was covered by this Agreement and shall notify the County designee. Equipment removed shall not be billed for the month of removal. K. RECORDS AND DOCUMENTATION The Contractor(s) is responsible to maintain and update records for each type of equipment serviced. The documentation will include, and not be limited to, records of all service calls, preventative maintenance performed, and any system modifications, if applicable. The Contractor(s) will maintain a service log at the site of each piece of equipment maintained. The Contractor(s) will not charge for any call back work. All recovery reports shall be sent to the County Representative, or their designee, noting date, type, quantity, location, and disposal information. L. INSPECTIONS The County and the Contractor(s) may conduct an inspection of the completed services provided in response to any resulting purchase order. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected within 24 hours after receipt of notification, at the Contractor's expense. If the Contractor(s) fails to correct the defects within this time frame, the County shall be entitled to have the work remedied, charge a deduction / fine (see Section M - Performance Measures), and the Contractor(s) shall be fully liable for all costs and expenses reasonably incurred by the County. M. PERFORMANCE MEASURES The Contractor shall maintain compliance with the following performance measures: 1. The Contractor(s) shall provide 100% of all required reports and records within the time frame specified to the County's Representative, or their designee. 2. The Contractor(s) shall advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above -outlined performance measures. 3. The Contractor(s) shall furnish all necessary labor, tools, equipment and services to perform contracted services specified in the contract. 4. The County shall have the immediate right to complete the work to its satisfaction, through the use of County employees or outside contractors as deemed necessary, the total sum of the County employee's hours and materials cost(s) and/or outside vendor invoices shall be immediately deducted from the Contractor's invoice. N. CLEAN-UP The Contractor(s) shall be responsible for removing all debris from the site and cleaning affected areas. The Contractor(s) shall keep the premises free of debris and unusable materials resulting from their work or upon request by the County's representative. The Contractor(s) shall leave all affected areas as they were prior to beginning work. There will be no cost to the County for clean-up. Page 7 of 8 Exhibit A -Scope of Services Packet Pg. 838 1 16.C.1.k O. EQUIPMENT INVENTORY The Contractor(s) shall, under no circumstances, remove any equipment containing a County asset sticker. The Contractor(s) shall request that, when replacing equipment, the asset sticker be removed by an appropriate County staff member authorized to adjust equipment inventory records. P. SURVIVABILITY CLAUSE The Contractor(s) agree, will honor, and finish work for any purchase order that extends beyond the expiration date of the original solicitation and/or contract. These purchase orders will survive and remain subject to the terms and conditions of the agreement until the completion or termination of the purchase order. Page 8 of 8 Exhibit A -Scope of Services d c aM M L O C d W 0 �L ci d W �L O UM M N O N C d E M 0 cc ,ICAOI Packet Pg. 839 1 16.C.1.k Exhibit B Fee Schedule following this page (pages 1 through Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 840 16.C.1.k ITB# 20-7723 "Uninterrupted Power Systems" Exhibit B FEE SCHEDULE Fakouri Electrical Engineering Inc. will serve as the Tertiary Contractor for On -Call Services. A. I PREVENTATIVE MAINTENANCE NOT AWARDED B. C. D. ON -CALL SERVICES Item System Description Unit Price Typical Scope of Work Under $1,000: The following issues have been found for a unit and needs to 1 be addressed -Replace burned battery wiring found on inspection needing replace -Replace loose $290.00 battery terminal connections found on inspection needing replacement Typical Scope of Work Between $1,000 and $3,000: -Rephce low reading battery found on $720,00 2 inspection -Replace bad diodes, capacitors, SCWs or fuses found during inspection Typical Scope of Work Between $3,000 and $20,000:-Rephce worn or damaged controls found $1,498.00 3 during inspection -Replace bad printed circuit baud -Replace logic power supplies Typical Scope of Work Between $20,000 — 40,000:-Rplace full bank of batteries due to weak $9,800,00 4 batteries or longevity replacement recommendation from UPS manufacturer 5 Typical Scope of Work Between $40,000 and $50,000: $22,762.00 Full turnkey UPS System replacement 6 Typical Scope of Work $50,000+: $56,224.00 Full turnkey UPS System replacement HOURLY RATES Position Unit of measure Unit Price After Hours and Holidays Supervisor per hour $145.00 $218.00 Licensed Journeyman per hour $125.00 $182.00 Apprentice per hour $75.00 $112.00 Engineering/Design per hour $250.00 $375.00 MARKUP Material Markup 10% Subcontractor Markup 15% Packet Pg. 841 16.C.1.k Other Exhibit/Attachment Description: ❑ following this page (pages through _) FM-1 this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) Packet Pg. 842 16.C.1.1 Co ler County Administrative Services Department Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. Vendor should checkoff each of the following items: ® General Bid Instructions has been acknowledged and accepted. ® Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. ® Form 1: Vendor Declaration Statement ® Form 2: Conflict of Interest Certification ® Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.Wflorida.con /sunbiz/ should be attached with your submittal. ® Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. ® Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE ® E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. ® Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. ® Form 5: Reference Questionnaires form MUST be utilized for each required reference and included with your submittal, or you MAY be DEEMED NON -RESPONSIVE. ®A Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. ® Vendor W-9 Form. ® Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. ® The Bid Schedule has been completed and attached with your submittal, applicable to bids. ® Copies of all requested licenses and/or certifications to complete the requirements of the project. ® All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. ®A County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. NIA Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. d C m L CL L 0 vi E a) L N 3 0 a m r a 0 L L d c .E cl N r- ti 0 N Packet Pg. 843 ***UPDATED JANUARY 28, 2020*** 16.C.1.1 o per County Adnr nis We ery ;s Departnent Procurement ,Serj gyres D -'ASt ll Form 1: 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 hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. 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 work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of May , 2020in the County of Dane . in the State of Wisconsin Finn's Legal Name: Facility Gateway Corporation Address: 4916 E. Broadway City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email Signature by: (Typed and written) Title: Madison, WI 53716 F20000000500 26-2389247 6DUY9 (608) 838-6060 Packet Pg. 844 Additional Contact Information 16.C.1.1 Send payments to: Facility Gateway Corporation (required if different from Company name used as payee above) Contact name: Nicole Nottestad Title: Accounting Supervisor Address: 4916 E. Broadway City, State, ZIP Madison, WI 53716 Telephone: (608) 838-6060 Email: accounting@facilitygateway.com Office servicing Collier NSA County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Q Packet Pg. 845 ^re F�z c tier County AdrnhstraWe Services D rtnient Procurement Semces Dvisibr, Form 2: Conflict of Interest Certification Affidavit 16.C.1.1 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 proj ect(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. State of,,r ) T-�i 1, 1 / i County of The ,foregoing instpulient was acknowledgo before me by this day of (mont(year), by ackn wledging). / �es'iisrr�r General M Company Name Signature Print Name and Title presence or ❑ online notarization, (name Af�person �SVatYreYf Nota ubli - State f Wisconsin e m Kathryn Fosdal �� JPrint, Type, or Stamp Commissioned Name of Notary Public) Personally Known Produced IdentifiCatt° L � ° } Type of Identification Produced °a r i i i d r R r c m a� a LO E a� 3 O a. a� a L m .r c .E D ri N ti ti 0 N O z m H 3 0 r c 0 r c m E E O U a� to w v M N O O_ O L a. M u_ M N ti 0 N c W t fC a+ Q Packet Pg. 846 16.C.1.1 FLORIDA DEPARTMENT OF STATE Division of Corporations January 28, 2020 KATHRYN N FOSDAL 4916 E BROADWAY MADISON, WI 53716 Having fulfilled the requirements of section 607.1503 or 617.1503, Florida Statutes, on January 15, 2020, this Certificate of Authority is hereby issued to FACILITY GATEWAY CORPORATION, a Wisconsin corporation, in accordance with said statute and assigned document number F20000000500. Please refer to this number whenever corresponding with this office. To maintain "active" status with the Division of Corporations, an annual report must be filed yearly between January 1st and May 1st beginning in the year following the file date or effective date indicated above. If the annual report is not filed by May 1st, a $400 late fee will be added. A Federal Employer Identification Number (FEI/EIN) will be required when this report is filed. Apply today with the IRS online at: https://sa.www4.irs.gov/modiein/individuaVindex.jsp. Please notify this office if the corporate address changes. Should you have any questions regarding this matter, please contact this office at (850) 245-6050. Tracy L Lemieux Regulatory Specialist II Amendment Section Division of Corporations Letter Number: 420A00002010 M N ti Ir 0 N www.sunbiz.org Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 Packet Pg. 847 I 16.C.1.1 (Requestor's Name) (Address) (Address) (City/State/Zip/Phone #) PICK-UP 11 WAIT ❑ MAIL (Business Entity Name) (Document Number) Certified Copies Certificates of Status Special Instructions to Filing Officer: Office Use Only IIIII��I�NIII�II��II�II�I��IIIII�� 800338951888 1+ji,lii_i ch a Packet Pg. 848 16.C.1.1 COVER LETTER TO: Registration Section Division of Corporations SUBJECT: facility Gateway Corporation Name of corporation - must include suffix Dear Sir or Madam: The enclosed "Application by Foreign Corporation for Authorization to Transact Business in Florida," "Certificate of Existence," or "Certificate of Good Standing" and check are submitted to register the above referenced foreign corporation to transact business in Florida. Please return all correspondence concerning this matter to the following: Kathryn N. Fosdal Name of Person Facility Gateway Corporation Firm/Company 4916 F Broadway Address Madison. W1 53716 City/State and Zip code accounting@facilitygateway.com facilitygateway.com -mail address: (to be used for future annual report notification) For further information concerning this matter, please call: Kathryn Fosdal at (608 ) 838-6060 Name of Person Area Code Daytime Telephone Number STREET/COURIER ADDRESS: Registration Section Division of Corporations The Centre of Tallahassee 2415 N. Monroe Street, Suite 810 Tallahassee, FL 32303 MAILING; ADDRESS: Registration Section Division of Corporations P.O. Box 6327 Tallahassee, FL 32314 Enclosed is a check for the following amount: Please make check payable to: FLORIDA DEPARTMENT OF STATE; $70.00 Filing Fee ❑ $78.75 Filing Fee & ❑ S78.75 Filing Fee & Certificate of Status Certified Copy ❑ $87.50 Filing Fee, Certificate of Status & Certified Copy Packet Pg. 849 16.C.1.1 APPLICATION BY FOREIGN CORPORATION FOR AUTHORIZATION TO TRANSACT BUSINESS IN FLORIDA INCOMPLIANCE WITH SECTION 607.1503, FLORIDA STATUTES, THF, FOLLOWING IS SUBJUITTED TO REGISTER A FOREIGN CORPORATION TO TRANSACT BUSINESS IN THE STATE_ OF FLORIDA. Facility Gateway Corporation I. (Enter name of corporation; must include "INCORPORATED," "COMPANY," "CORPORATION," "Inc.," "Co.," "Corp," "Inc," "Co," or "Corp,") (If name unavailable in Florida, enter alternate corporate name adopted for the purpose of transacting business in Florida) 2 WISCONSIN 3 26-2389247 (State or country under the law of which it is incorporated) (FEI number, if applicable) April 12, 2008 4. 5. (Date of incorporation) (Date of duration, if other than perpetual) 6 October 1, 2010 (Date first transacted business in Florida, if prior to registration) (SEE SECTIONS 607.1501 & 607.1502, F.S., to determine penalty liability) 7. 4916 E. Broadway, Madison, WI 53716 (Principal office street address) (Current mailing address, if different) 0 8. Name and street address of Florida registered agent: (P.O. Box NOT acceptable) ?" .' Name:C'I- Corporation System Office Address: 1200 South One Island Road Plantation (City) r� 33324 Florida w` (Zip code) ut — ri 9. Registered agent's acceptance: Having been named as registered agent and to accept service of process for the above stated corporation at the place designated in this application, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relative to theproper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Bree Zahner, Assistant Secretary (Registered agent's signature) 10. Attached is a certificate of existence duly authenticated, not more than 90 days prior to delivery of this application to the Department of State, by the Secretary of State or other official having custody of corporate records in the jurisdiction under the law of which it is incorporated. a� r r c m a� a L 0 4- ui E a� r rn a� 3 0 a at r a `m c .E ai N ti r` 0 N O Z m f— 0 c 0 M c a) E 0 0 a� 0 w v M R W 0 a 0 L a r M tL M N ti 0 N r- O E R Q Packet Pg. 850 11. For initial indexing purposes, list names, titles and addresses of the primary officers and/or directors [up to six (6) total 16.C.1.1 A. DIRECTORS ❑Chairman Tyler Marks Jason Perry Name: ❑Chairman Name: Jason ❑V ice Chairman 4916 E. Broadway r 4916 E. Broadway Address: ❑V ice Chairman Address: r m BDirector Madison, WI 53716 ❑Director Madison, Wl 53716 L ❑President ❑President L 0 ❑Vice President FmVice President ui aEi r rn ❑ Secretary ❑ Treasurer []Secretary ❑ Treasurer L AOther CEO ❑Other ®Other COO/VP❑Other 0 (L a� r a 3 ❑Chairman Name: ❑Chairman Name: L `m w c ❑Vice Chairman Address: ❑Vice Chairman Address: ❑ Director ❑Director ca ti r` ❑President ❑ President N 0 E) Vice President El President Z pp H ❑ Secretary ❑Treasurer ❑ Secretary ❑ Treasurer 3 ❑Other ❑Other ❑Other ❑Other 0 r c 0 ❑Chairman Name: ❑Chairman Name: r cu r_ ar E ❑ Vice Chairman Address: ❑ Vicc Chairman Address: E 0 a� ❑Director ❑ Director to w ❑President ❑President M ❑Vicc President I]Vice President R 0 ❑ Secretary ❑ Treasurer ❑ Secretary ❑ Treasurer a O_ d ❑ Other ❑Other ❑Other E) Other >' .5 ca tL Im ortant Use ttac ment to report more than six (6). The attachment will be imaged for reporting purposes only. Non -indexed N individ is tyeb,_- de t index w en filing your Florida Department of State Annual Report form. Fl- 12. N r Signature of Director or Officer a� E The officer or director signing this document (and who is listed in number 1 I above) affirms that the facts stated herein arc true and that he or v she is aware that false informal' n submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, F.S. /� 13. Q or printed name an capacity of person signing application) I Packet Pg. 851 16.C.1.1 United States of America State of Wisconsin DEPARTMENT OF FINANCIAL INSTITUTIONS Division of Corporate & Consumer Services To All to Whom These Presents Shall Come, Greeting: 1, Patti Epstein, Administrator of the Division of Corporate and Consumer Services, Department of Financial Institutions, do hereby certify that FACILITY GATEWAY CORPORATION is a domestic corporation or a domestic limited liability company organized under the laws of this state and that its date of incorporation or organization is April 12, 2008. 1 further certify that said corporation or limited liability company has, within its most recently completed report year, filed an annual report required under ss. 180.1622, 180.1921, 191,1622 or 183.0120 Wis. Stats., and that it has not filed articles of dissolution. `Q` of Financf;�� 4; N f t O R ti /c'O 1'..W t 5 CCnS DFI/Corp/33 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of the Department on January 09, 2020. PATTI EPSTEIN, Administrator Division of Corporate and Consumer Services Department of Financial Institutions a� r c a� a� a ,0 E a� L a� 3 0 a a� a L L c .E M N ti ti 0 N 6 Z m H L 0 r- M r- E E 0 0 NN� ILO L7� co v M To validate the authenticity of this certificate Visit this web address: http://www.wdfi.org/apps/ccs/verify/ C—+—+k;-....4— 1G"TTLn f1^I7fl'1lr��r Packet Pg. 852 16.C.1.1 iz O -art Adminis.r3 i e Semioes acpartntent 2rocurenieqit =ces r: r Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://u�vw.e-verify goy ), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment 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 which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S 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/bid. Stateof County of The T egoing ins ent was acknowled e re me by this day of (month),' i ' (year), by acknowledgin ). g , ��ei►trrni®�, Race P sonally Kno 011.Protiucec , catiQ r Type of Identification Produ664; ` U `� v��° G Company Name Signature Jay Lecy, General Manager Print Name and Title of ,.physical presence or ❑ online notarization, (name of person ( a r of Notary Public - Stat of Wisconsin (Print, Type, or Stamp Commissioned Name of Notary Public) a� C d N a L 0 N aEi a� 0 d a� a L L d c D cl N ti ti 0 N 6 z 00 H E 0 0 r c 0 r c m E E 0 U a� co ao v M fC N 0 a 0 a M U- M N ti 0 N C N E t ca Q Packet Pg. 853 E-Verifv- or a..... .... zv. Company ID Number: 1285773 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Facility Gateway Corporation (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States M after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of N Understanding (MOU) explains certain features of the E-Verify program and describes specific o responsibilities of the Employer, the Social Security Administration (SSA), and DHS. N Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 854 E-Verifv- or a..... .... zv. Company ID Number: 1285773 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can c be 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 M 888-464-4218. ti ti b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 N (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, Z the Employer agrees to make a photocopy of the document and to retain the photocopy with the m employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS L with its review of photo mismatches that employees contest. DHS may in the future designate 3 other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 855 E-Verifv- Company ID Number: 1285773 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been 3 hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was a completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been a 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 c until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. M 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in N ti o support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User c Manual does not authorize. Z 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 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 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(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 856 E-Verifv- Company ID Number: 1285773 (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 VI of the Civil Rights Act of 1964 and section 274B of a 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 c 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 M provided in part D below, or discharging or refusing to hire employees because they appear or sound ti "foreign" or have received tentative nonconfirmations. The Employer further understands that any N violation of the immigration -related unfair employment practices provisions in section 274B of the INA c could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Z CO Title VI 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 E 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). ° r 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-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 is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 857 E-Verifv- Company ID Number: 1285773 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to 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 N be used in any manner that might imply that the Employer's services, products, websites, or o publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. N 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 858 E-Verifv- Company ID Number: 1285773 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 c c 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 I; after November 6, 1986. Employers in this category must begin verification of employees assigned 0 N to the contract within 90 calendar days after the date of enrollment or within 30 days of an Z employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 859 E-Verifv- Company ID Number: 1285773 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA N ti 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA N sends DHS confirmation that the data sent either matches or does not match the information in SSA's o database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 860 E-Verifv- or a..... .... zv. Company ID Number: 1285773 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes tc E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of M Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. N 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. 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 Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 861 E-Verifv- Company ID Number: 1285773 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 i 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 cl corrected employee information that SSA requests, to SSA for verification again if this review indicates N a need to do so. ~ 0 N 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 862 E-Verifv- Company ID Number: 1285773 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer) 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding N paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will ti determine the photo match or mismatch. N 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by 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. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 863 E-Verifv- Company ID Number: 1285773 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that N requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor ti must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such N notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this z° MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify m procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and 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 Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 864 E-Verifv- or Company ID Number: 1285773 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. cl; N I- Q N Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 865 E-Verifv- or Company ID Number: 1285773 Approved by: Employer Facility Gateway Corporation Name (Please Type or Print) Title Noah Kunin-Goldsmith Signature Date Electronically Signed 03/30/2018 Department of Homeland Security — Verification Division Name (Please Type or Print) Title Signature Date Electronically Signed cl; N I- Q N Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 866 E-Verifv- or a..... .... zv. Company ID Number: 1285773 Information Required for the E-Verify Program Information relating to your Company: Company Name Facility Gateway Corporation Company Facility Address 4916 E. Broadway Madison, WI 53176 Company Alternate Address County or Parish DANE Employer Identification Number 262389247 North American Industry Classification Systems Code 541 Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 M N I- Q N Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 867 E-Verifv- or Company ID Number: 1285773 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: WISCONSIN 1 site(s) ai N I- Q N Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 868 E-Verifv- or Company ID Number: 1285773 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Adriana Betts Phone Number (608) 838 - 6060 ext. 133 Fax Number (608) 838 - 4969 Email Address abetts@facilitygateway.com Name Noah Kunin-Goldsmith Phone Number (608) 838 - 4969 ext. 116 Fax Number Email Address nkunin-goldsmith@facilitygateway.com ai N ti ti O N Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 869 E-Verifv- Company ID Number: 1285773 Page intentionally left blank ai N I- Q N Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 870 16.C.1.1 CAICr COUnty r•a.s ure:rrr Sr .;res nm>%;vr Form 4: Vendor Submittal — Local Vendor Preference Certification (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 Fifteen 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. hi 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: N/A Number of Employees (Including Owner(s) or Corporate Officers): 40 Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): N/A If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sign and Date Certification: Under penalties ofperiury, I certify that the information shown on this form is correct to my knowledge Company Name: � Facility Gateway Corporation Date i -� L� u Address in Collier or Le unty: i ve Signature: Title: General Manager d R c m W a L ,0 N E a� r to L W 3 0 d a� a 0 `m c .E D CO) N ti ti 0 N O z m H E L 0 3 0 0 r c 0 c m E E 0 U W to ao v M Packet Pg. 871 Collier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 20-7723 Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Name: Scott Fetzer (Evaluator completing reference questionnaire) Email: scott.fetzer(aigor.com Company: iQor (Evaluator's Company completing reference) (973)630-2479 16.C.1.1 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/indivdival 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: UPS Service and Preventative Maintenance; Completion Date: Ongoing -Annual renewal BatteryService; Generator Maintenance Project Budget: $500,000 Annually Project Number of Days: 365 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 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 d to c m L CL L 0 vi E a) U) to L d 3 0 a m a 0 L d c .E cl N r- ti 0 N 0 Z E. H E. 3 ea 0 c 0 ea c d E E 0 U N 0 00 le M rn 0 a 0 L IL ca U. CO) N ti ti O N C d E t U R r Q Packet Pg. 2 ***UPDATED JANUARY 28, 2020*** Collier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 20-7723 Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Name :Chad Fleck (Evaluator completing reference questionnaire) Email: fleck@countyofdane.com FAX: Company: Dane County, Wisconsin (Evaluator's Company completing reference) 283-2912 16.C.1.1 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/indivdival 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: UPS Service and Preventative Maitenance; Battery Service; Generator Maintenance Project Budget: $60,000 annually Completion Date: Annual Renewal Project Number of Days: 365 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 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 d to c m L CL L 0 vi E a) U) co L d 3 0 a m a 0 L d c .E cl N r- ti 0 N C Z E. H E. 3 ea 0 c 0 ea c d E E 0 U N 0 00 le M rn 0 a 0 L IL ca U. CO) N ti ti O N C d E t U R r Q Packet Pg. 3 ***UPDATED JANUARY 28, 2020*** Collier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 20-7723 Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Name: Richard Werner (Evaluator completing reference questionnaire) Email: rwemer@edgeconnex.com FAX: Company: EdgeConneX (Evaluator's Company completing reference) 443)968-1503 16.C.1.1 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/indivdival 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.. UPS Service and Preventative Maitenance; Battery ervice; Generator Maintenance Project Budget: $2,000,000 annually Completion Date: Annual renewal Project Number of Days: 365 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 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 d to c m L CL L 0 vi E a) U) co L d 3 0 a m a L d c .E cl N r- ti 0 N C Z E. H E. 3 ea 0 c 0 ea c d E E 0 U N 0 00 le M rn 0 a 0 L a ca U. CO) N ti ti O N C d E t U R r Q Packet Pg. 4 ***UPDATED JANUARY 28, 2020*** Collier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 20-7723 Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Name: Greg Lyons (Evaluator completing reference questionnaire) Email: WA Company: Exela Technologies, Inc (Evaluator's Company completing reference) (650)303-9100 16.C.1.1 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/indivdival 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: UPS Service and Preventative Maitenance; Completion Date: Annual Renewal BatteryService; Generator Maintenance Project Budget: $1,200,000 annually Project Number of Days: 365 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 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 d to c m L CL L 0 vi E a) U) co L d 3 0 a m a 0 L d c .E cl N r- ti 0 N C Z E. H E. 3 ea 0 c 0 ea c d E E 0 U N 0 00 le M rn 0 a 0 L IL ca U. CO) N ti ti O N C d E t U R r Q Packet Pg. 5 ***UPDATED JANUARY 28, 2020*** Collier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 20-7723 Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Name: Mark Robbins (Evaluator completing reference questionnaire) Email: mroobins@harrahs.com FAX: Company: Caesars Entertainment (Evaluator's Company completing reference) (609)340-1278 16.C.1.1 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/indivdival 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: UPS Service and Preventative Maitenance; Completion Date: Annual Renewal Battery Service; Generator Maintenance Project Budget: $150,000 annually Project Number of Days: 365 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 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 d to c m L CL L 0 vi E a) U) co L d 3 0 a m a L d c .E cl N r- ti 0 N C Z E. H E. 3 ea 0 c 0 ea c d E E 0 U N 0 00 le M rn 0 a 0 L IL ca U. CO) N ti ti O N C d E t U R r Q Packet Pg. 6 ***UPDATED JANUARY 28, 2020*** 1 ti.C.1.1 Form w=9 Request for Taxpayer Give Form to the (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.1rs.gov1FormW9 for instructions and the latest Information. > 1 Name (as shown on your income tax return). Name Is required on this line; do not leave this line blank. Facility Gateway Corporation d 2 Business name/disregarded entity name, if different from above > 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Indlvldual/sole proprietor or ❑ C Corporation ✓❑ S Corporation ❑ Partnership ❑ Trust/estate single -member LLC ❑ Umlted liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnershlp) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC If the LLC is classified as a single member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC tha Is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see Instructions) No apt. or 4916 E Broadway name 4 Exemptions (codes apply only to certain entities, not individuals; see Instructions on page 3): Exempt payee code (If any) Exemption from FATCA reporting code (f any) MA043 to •ccoumx owkd ned cutsido m• U.S J Madison, Will 53716 7 Ust account number(s) here (optlonal) Taxpayer Identification Number (FIN) cli Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number I ; backup withholding. For Individuals, this is generally your social security number (Sate). However, for a resident alien, soleproprietor,or die regarded entity, see the instructions for Part I, later. For ocher N entities, it is your employer Identification number (E€N). If you do not have a number, see How to get a C Z 77N, later. or m Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer Identification number Number To Give the Requester for guidelines on whose number to enter. � g 2 6 - 1 2 1 3 1 8 1 9 1 2 4 7 1 e Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service {IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, hem 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign signature of -' �j '' % /1 �� Date V 1/ %G�,� 4 Here U.S. person ► (/t- - 7 Y,41 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to www.frs.gov1F6rmW9. Purpose of Form An individual or entity (Form W-9 requester] who Is required to file an Information return with the IRS must obtain your correct taxpayer identification number MN) which may be your social security number (SSN), individual taxpayer Identification number (ITIM, adoption taxpayer identification number (ATIN), or employer identification number (EIM, to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) • Form 1099-HIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a 77N, you might be subject to backup withholding. See What is backup withholding, later. Cat No. 10231X Form Packet Pg. 877 1 Collier County Solicitat 16.C.1.1 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://�-Ps_fldfs.cocn/bocexemptf 2. ® Employer's Liability $_1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000_single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, � indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, CO) recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone ti employed or utilized by the Contractor/Vendor in the performance of this Agreement. c N 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage; O z Owned/Non-owned/Hired; Automobile Included m I- 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' cc check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or r proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made p payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. m E 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed Bonds contract by Proposers receiving award, and written for 100% of the Contract award 0 amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety 00 shall be rated as "A-" or better as to general policy holders rating and Class V or M higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New w York, New York 10038. a L IL 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. U u_ 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General N Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. N 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state E the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on r behalf of Collier County. Q 3/31/2020 1:11 PM Packet Pg. 878 Collier County Solicitat 16.C.1.1 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 1 amtarm Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. r Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions a>i a regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. o 0 3/31/20 - CC N E N r N Vendor's Insurance Statement 3 We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five d (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. a L Name of Firm FaciWy Gateway,,Qrporation Date May 12, 2020 +; Vendor Signature D Print Name Ja Lee ri N ti ti Insurance Agency M3 Insurance N Agent Name Derek Laczniak Telephone Number (608) 288-2752 Z 3/31/2020 1:11 PM Packet Pg. 879 I 16.C.1.1 I ACC?R" CERTIFICATE OF LIABILITY INSURANCE DATE(N 11/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THK CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject t< the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to tht certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Amber Hermus M3 Insurance Solutions, Inc. PHONE FAX 828 John Nolen Drive LAIC, /C No Ext : 608-288-2806 AIC No), Madison WI 53713 ADDRESS: amber.hermus@m3ins.com PRODUCER CUSTOMER ID S. FACIG-1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Facility Gateway Corporation 4916 East Broadway Madison WI 53713 INSURERA: Transportation Insurance Co. 20494 INSURER B : Valley Fore Insurance Co 20508 INSURERC: Continental Insurance Company 35289 INSURER D : INSURER E, INSURER F : COVERAGES CERTIFICATE NUMBER: 1308722085 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICIY 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 SUBJEC TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS C GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 6016201176 11/25/2019 11/25/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE ( RENTED Ea occurrence) $ 100,000 -PREMISES MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROECT LOC J PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 6016201193 11/25/2019 11/25/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 6016201212 11/25/2019 11/25/2020 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ DEDUCTIBLE RETENTION $10,000 $ X $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatoryin NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 6016201209 11/25/2019 11/25/2020 )( WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Personal Property of Others - $1,000,000 Limit CERTIFICATE HOLDER CANCELLATION FOR BID PURPOSES ONLY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WI ENDEAVOR TO MAIL <DAYS> DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE I am J d r R r C to d L Q 0 N N a+ N a� 3 O d CI) a+ CL 7 L C M CV ti ti O CV O Z m E 3 R O r C O R C N E E O v C� to 00 M r fC N O O_ O L Q_ a+ v R LL M CV ti r- 6 CV a W E t U M r Q ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Packet Pg. 880 16.C.1.1 20-7723 Uniterrupted Power Systems Bid Schedule Provide hourly rates for the positions below. Material mark-up shall be strictly 10% and subcontractor mark-up is 15%. Position Unit of measure Unit Price After Hours and Holidays Supervisor per hour $90.00 $125.00 Licensed Journeyman per hour $80.00 $105.00 Apprentice per hour 1 $65.00 $90.00 Engineering/Design per hour 1 $135.001 $150.00 Provide prices for preventative maintenance inspection. To be considered for an award for this category, the contractor must enter a price for items 1 - 5. Item System Description A B Total (Multiply Column A by Column B Weighted Multiplier Price per Unit 1 0 - 20 KVA 18 $275.00 $4,950.00 2 21 - 40 KVA 41 $305.00 $12,505.00 3 41 - 80 KVA 18 $345.00 $6,210.00 4 Greater than 81 KVA 13 $475.00 $6,175.00 5 Off -hours surcharge 10 $120.00 $1,200.00 6 Preventative Maintenance Inspection TOTAL $31,040.00 Price for On -call Services: to be considered for an award, the contractor must enter a price for items 7 - 12 below. Items 7 - 12 below are being used strictly for evaluation purposes, as general examples of work, and are not specific requests for work. A B Total Item System Description (Multiply COMEMultiplier Weighted Price per Unit by Column I Typical Scope of Work Under $1,000: The following issues have been found for a unit and needs to be addressed -Replace burned battery wiring found on inspection 7 needing replace -Replace loose battery terminal connections found on inspection 20 $150.00 $3,000.00 needing replacement Typical Scope of Work Between $1,000 and $3,000: -Replace low reading battery 8 found on inspection -Replace bad diodes, capacitors, SCR's or fuses found during 15 $1,550.00 $23,250.00 inspection Typical Scope of Work Between $3,000 and $20,000: -Replace worn or damaged 9 controls found during inspection -Replace bad printed circuit board -Replace logic 45 $2,775.00 $124,875.00 power supplies Typical Scope of Work Between $20,000 — 40,000: -Replace full bank of batteries 10 due to weak batteries or longevity replacement recommendation from UPS 10 $35,000.00 $350,000.00 manufacturer Typical Scope of Work Between $40,000 and $50,000: 11 -Full turnkey UPS System replacement 5 $50,000.00 $250,000.00 Typical Scope of Work $50,000 +: 12 -Full turnkey UPS System replacement 5 $50,000.00 $250,000.00 13 On -Call Services TOTAL $1,001,125A as 0 m d Q. L 0 vi E a) N N L 3 0 IL d Q. O L d c ri N r- ti 0 N O Z m H L � M 3 M O C' 0 M c d E E' 0 U 0 co ao 14 M R O om O IL M U. M N ti ti 0 N r.: C d Category Weighted Total t Preventative Maintenance $31,040.00 38% $ 11,79. 0 M On -Call Services $1,001,125.00 62% $ 620,69" Q Total $ 632,492.70 Packet Pg. 881 16.C.1.1 collier county Administrative SeNc es Division Procurement Services Date: April 13, 2020 Email: Viviana.Glarimoustas@colliercountyfl.gov Telephone: (239) 252-8375 Addendum 1 From: Viviana Giarimoustas, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation 20-7723 Uninterrupted Power Systems 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. Excel attachment UPS Sample Equipment List has been added. Note: This list can be used as an example of the current equipment, however it is not inclusive of all equipment at this time. If you require additional information please post a question on our Bid Sync (www.bidsvnc.com) bidding platform under the solicitation for this project. Please sign_below and return a copy of this Addendum with your submittal for the above referenced soli ation. ICJ "7 (Si ature)' ale Facility Gateway Corpora ion (Name of Firm) Packet Pg. 882 A� CERTIFICATE OF LIABILITY INSURANCE DAT9/9/ o6oC.1.m THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THK CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ L REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. d p IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject t< the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to tht d certificate holder in lieu of such endorsement(s). to PRODUCER CONTACT NAME: Amber Hermus C M3 Insurance Solutions, Inc. PHONE FAX 828 John Nolen Drive A/C No Ext : 608-288-2806 AIC No : >_ Madison WI 53713 ADDRESS: amber.hermus@m3ins.com PRODUCER CUSTOMER ID #: FACIG-1� INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Transportation Insurance Co. 20494 M Facility Gateway Corporation N 4916 East Broadway INSURER B : Valley ForInsurance Co 20508 ti Madison WI 53713 INSURERC: Continental Insurance Company 35289 0 N INSURER D O INSURER E, Z INSURER F : IM COVERAGES CERTIFICATE NUMBER: 2009217771 REVISION NUMBER: H THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICIY 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 SUBJEC TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS C GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y 6016201176 11/25/2019 11/25/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE ( RENTED PREMISESS Ea occurrence) $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 6016201193 11/25/2019 11/25/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 6016201212 11/25/2019 11/25/2020 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DEDUCTIBLE RETENTION $10,000 $ X $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatoryin NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 6016201209 11/25/2019 11/25/2020 )( WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Collier County Board of County Commissioners/Board of County Commissioners in Collier County/Collier County Government are included as an Additional Insured with respect to General Liability, where required by written contract on a primary and non-contributory basis. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WI ENDEAVOR TO MAIL <DAYS> DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE amp ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Packet Pg. 883 16.C.1.n FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 20-7723 for Uninterrupted Power Systems THIS AGREEMENT, made and entered into on this day of 2020 , by and between Facility Gateway Corporation authorized to do business in the State of Florida, whose business address is 4916 E. Broadway, Madison, WI 53716 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ❑■ upon the date of Board approval ❑ on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a V Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ X Invitation to Bid (ITB) ❑ `tether # 20-7723 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet =Pg.884 16.C.1.n 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 FE-1 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. _ .. .. �,. .. -_..-.WWWRI 1. - 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): KNOWN Nr.= 2 IN �s In - 0 Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. FN Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.1) 1_ Packet Pg. 885 16.C.1.n 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. _ A. ...EF 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 886 16.C.1.n Company Name: Facility Gateway Corporation Address: 4916 E. Broadway Madison. WI 53716 Authorized Agent: Tyler Marks/ Jason Perry Attention Name & Title: Jay Lecy, General Manager Telephone: (608) 838-6060 E-Mail(s): supplier(a-)-facilitygateway.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Damon Grant Division Name: Facilities Management Division Address: 3335 Tamiami Trail East Naples, Florida 34117 Administrative Agent/PM: Miguel Carballo Telephone: 239-252-8380 E-Mail(s): Miguel. CarballoDcolliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 887 16.C.1.n 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Al Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. F■ Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C.❑ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 888 16.C.1.n Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) F' Packet Pg. 889 16.C.1.n 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), X Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RizP-/ ❑■ ITB/❑ Other # 20-7723 , including Exhibits, Attachments and Addenda/Addendum, ❑ stbsegWent qttete6, and ❑ 9theFE—xhibit/Attar.!;Men`: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 890 16.C.1.n located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 8 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.l ) Packet Pg. 891 16.C.1.n 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. R WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fired Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 892 16.C.1.n particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. ❑■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. X PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it Page 10 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) d Packet Pg. 893 16.C.1.n foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. _ . .. . . .. .. .. . _ _ .... NA .. . . • - - - rTa- wwlrwl• _ . _ . ... . w. ... • _ . .. •. _ ..- - - r - .. . ,. •.-IM Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) �CAOh Packet Pg. 894 16.C.1.n ❑N AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. FE� ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. - - - --- - - - .- •. __..-• - -- - -. .. .. ..-. ... .- _ _.. .. .... ._ - - _ .- .. _----- -- -- - -- - . -- -- MOM . ..-- -- -- - 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) cC. �, t 3 Packet Pg. 895 16.C.1.n County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. F SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property, Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 896 16.C.1.n IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller (SEAL) Dated: Contractor's Witnesses: Fir.qt Witness Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bv: Burt L. Saunders . Chairman Facility Gateway Corporation Contractor R-. rint signature a�d'titleT N Page 14 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver. t ) Packet Pg. 897 16.C.1.n Exhibit A Scope of Services 0 following this page (pages 1 through 8 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 898 16.C.1.n 20-7723 "Uninterrupted Power Systems" EXHIBIT A SCOPE OF SERVICES This contract is awarded on a Primary/Secondary/Tertiary per category basis. In order to maintain the integrity and continuous operation of the Uninterrupted Power Supply (UPS) units/systems in various County owned and leased buildings throughout the County, the Contractor will perform the following, but not limited to: 1. Preventative maintenance inspection services for units and batteries; 2. Provide labor and pants for routine repair services for units and batteries and 3. Provide labor and parts for on -call repair services for units and batteries. It is the intent of the County that the UPS systems experience minimal down time; therefore, the Primary Contractor shall respond within eight (8) hours from the time the notice is issued, if the Primary Contractor does not respond within the timeframe or is unable to work on a specific system, the County will proceed with the Secondary Contractor. If the Secondary Contractor does not respond within the timeframe or is unable to work on a specific system, the County will proceed with the Tertiary Contractor. While the County intends to use the Contractor(s), the County reserves the right, at any time to request additional quotes or bids from other contractors (per the Board's Procurement Ordinance). The Contractor shall provide preventative maintenance inspection services, repairs services, urgent and on -call repair services including, but not limited to Emerson systems, Liebert systems, Eaton systems, APC systems. Services shall include but not limited to: 1. Battery replacement / installation 2. Battery preventative maintenance 3. UPS replacement / installation 4. UPS preventative maintenance The Contractor(s) may be required to use the County's Work Management procedures, such as utilizing work order forms or future online work order system, at no additional cost to the County or Contractor. The Contractor will be -a responsible for utilizing any systems used by the County for work orders under the resultant agreement. CO The Contractor must provide requested certifications and licenses necessary to perform the services outlined in this o scope. _ m The Contractor(s) shall use qualified technicians to complete all work in accordance with the Manufacturer's 0' guidelines to satisfy the requirements specified in the bid. Technician credentials may be requested by the County. v c� A. PREVENTATIVE MAINTENANCE 3 m The preventative maintenance covered by this scope of work includes (all inspections or processes may not be applicable to all equipment types or models): U. M 1. Visual Inspections: N a. Inspect all printed circuit board connections for cleanliness, swab contacts if necessary; ti 0 b. Inspect all power connections for signs of overheating; N c. Inspect all subassemblies, bridges, and legs for signs of component defects or stress; E Page 1 of 8 I° Exhibit A -Scope of Services a CA Packet Pg. 899 16.C.1.n d. Inspect all DC capacitors for signs of leakage; e. Inspect all AC capacitors for signs of leakage; f. Inspect and inventory all customer -owned spare parts; g. Inspect for and perform, as required, any open engineering changes; h. Inspect insulation, overheating, and physical damage; and i. Inspect battery monitoring system. 2. Internal Operating Parameters: a. Control calibrations — check / adjust, as necessary; b. DC Ground Detection Offset, if applicable; c. Inverter leg current average phase balance, if applicable; d. Output filter current average phase balance; e. Rectified bridge current average leg balance; f. AC Protection settings are checked; g. DC Protection settings are checked; h. Calibrate and record all electronics to system specifications; i. Input and Output Frequency and Voltage Bandwidth settings are checked; j. Verify DC filter capacitance; k. Verify AC tank and trap filter capacitance including balancing of items; 1. Power Supply voltages and waveforms; in. Update firmware as necessary with written approval by an appropriate County Representative (parts if required are included at no charge with full parts coverage if the equipment is under warranty. If there is no service agreement, the parts may be billed at actual cost with 10% mark-up. n. Evaluate Field Service Bulletins (FSBs) for potential updates (parts if required are included at no charge with full parts coverage if the equipment is under service agreement. If there is no warranty, the parts may be billed at actual cost with applicable 10% mark-up. 3. External Operating Parameters: a. System Input Voltages, all phases; b. System Input Currents, all phases; c. DC Charging Voltages (float and equalize), record settings, and adjust to nominal; d. Rectifier phase on and walk-up; e. Inverter phase on and walk-up; f. Adjust all panel meters to measured values; g. System Bypass Voltages, all phases; h. Manual and UV Transfer Testing, verify uninterrupted transfer waveform, if applicable; Page 2 of 8 Exhibit A -Scope of Services ui E m co `m 3 0 IL m a 0 L Packet Pg. 900 16.C.1.n i. Outage Simulation, batter capability testing, and verify charger current limit; and E j. Generator operation and interface verification, if applicable. w co L 4. Environmental Parameters: 3 a. UPS area ambient temperature and condition of ventilating equipment; a0 b. General Cleanliness of UPS Power Module; a 3 C. General Cleanliness of UPS area; d. Replace air filters as applicable and necessary (parts if required are included at no charge with full parts coverage if the equipment is under Service Agreement. If there is no warranty, the parts may be billed at actual cost with applicable mark-ups as quoted on the Bid Schedule); ri N e. Clean outside of UPS including control panel/CRT screen; and 5. Battery Cabinet Checks: a. General appearance of battery systems (all types); b. General cleanliness of batter system areas (all types); c. Verify the integrity of the battery rack/cabinet; c�'o d. Inspect all DC connections for abnormalities; 0 e. Inspect cells for physical abnormalities; 0 f. Check batter for current limits, input limits, overload levels, and over temp circuits; m g. Check for corrosion on battery terminals and connectors; E h. Clean batteries as necessary; 0 m i. Verify proper torque on connections; j. Verify the condition of the ventilation equipment, if applicable; M k. Check the appearance of the battery room, if applicable; 1. Battery system area ambient temperature and condition of ventilating equipment; and in. For internal batters only — measure and record: a1 � `0 i. Overall battery float voltage; ii. Charger output current and voltage; >i iii. Negative terminal temperature of one cell/battery per battery cabinet shelf or rack tier; and a 0 iv. Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330). c.� 3 m 6. Monitoring System Parameters: 0 a. Alarm archive review and printing; b. Alarm lamp test -local and remote, if applicable;LL c. Replace all open monitor bulbs; M N ti d. Inspect battery monitoring system; and ti N e. Review battery test in history, if applicable. m E Page 3 of 8 s Exhibit A -Scope of Services a Ol Packet Pg. 901 16.C.1.n 7. Circuit Breakers / Isolators: a. Check capacitors for swelling or leaks; b. Verify free travel; and c. Check magnetic / thermal settings. 8. Additional Items: a. Synchronizing verification: i. Utility Sync and Transfer to bypass; ii. Transfer from bypass to UPS; iii. Verify voltage and phase lockout; and iv. Verify static bypass operation. Fuses need verified for type, value, and condition; c. Power Measurements (on-line): i. Output RMS current (Phase and Neutral); and ii. Output Peak current (Phase and Neutral). d. Cleaning/Air Flow — check fans, doors, and compartment seals i. Replace filters; and ii. Clean Module. e. Clean normal cell dirt/dust accumulation, when possible. f. Battery recycling is required and shall be included in the pricing. g. Check nuts, bolts, screws, and connections for tightness and heat discoloration. h. Operational testing of the system including unit transfer and battery discharge. 9. General: a. Customer consultation; b. Verbal recommendations; and c. General observations. Following the preventative maintenance inspection, a written report / check list will be provided to the appropriate County Representative detailing the results of the inspection, services completed, and making specific recommendations for future remedial action, upgrades, etc. Preventative maintenance on each unit / system / battery is required to be completed in accordance with the Manufacturer's recommendations. Preventative maintenance will be billed by item serviced. Actual records must be provided for payment. These records will include but not be limited to a summary spreadsheet for each unit serviced with the date of service and an attestation signed by the awarded Contractor(s). Typically, preventative maintenance will be completed during normal business hours, Monday - Friday 7:OOam — 5:00pm; however, the County may request preventative maintenance during off -hours, as deemed necessary by the County representative or designee. An off -hour rate is provided in Exhibit B. Equipment Manufacturer Service Plans offered from the Manufacture may be added as a separate "turnkey" item for specific units, as needed by County Divisions. When these services occur, a quote following the pricing methodology of the solicitation will be requested from the awarded Contractor(s). Page 4 of 8 Exhibit A -Scope of Services _111N Packet Pg. 902 16.C.1.n B. ON -CALL SERVICES (for regular and urgent equipment maintenance, repair, and replacement identified in the scope of work) The two types of maintenance, repair, and replacement services required are: Regular Repair Work: Regular repair work is work that is performed during normal business hours Monday - Friday 7:00am — 5:00pm excluding County recognized holidays. The County Representative or designee will provide a scope of work to be performed by the Contractor and request that a "time and materials" quote be provided. The quote shall be provided to the appropriate County Representative within two (2) business days unless otherwise agreed to. The Contractor will commence the quoted work upon receipt of an approved purchase order from the County representative or designee. Contractor shall complete the regular repair work within two (2) business days, unless otherwise directed by the County representative or designee. In the event that the Contractor does not fulfill these response requirements, the County reserves the right to contact the Secondary Contractor or another Contractor to perform the scope of work. Urgent Repair Work: Urgent repair work is work that is specifically requested and approved in writing by an appropriate County Representative or designee for work to be performed outside of normal business hours. The County representative or designee will identify the needed maintenance, repair and replacement for the life, health, safety or equipment/facility urgent and request a "Time and Material" quote based on urgent rates outlined in Exhibit B Fee Schedule. The County Representative or designee may direct the Contractor to commence work through a verbal direction; and a purchase order will be issued to the Contractor as soon as possible. If any repair is deemed urgent, all parts must be shipped overnight, and repairs are to start immediately upon the part being received. Overnight charges (per After Hour rates outlined in Exhibit B Fee Schedule) must be shown as a separate line item on the invoice and proof of the charges shall be attached to the invoice. Failure to show proof of overnight charges my delay payment. The approved purchase order will contain the job specific scope of work. The County Representative or designee reserves the right to specify the period of completion. C. QUOTES • "Time and Material" Quotes shall provide: 1. The expected number of work hours by each position times the hourly rate and the extended W total; 2. The breakdown of the cost for supplies, parts and any rental equipment used for the scope of work. The Contractor must provide copies of receipts with their invoice. _ D. INVOICING 1. Invoices shall include copies of receipts for supplies/materials, expedited shipping charges and equipment rental and copies of subcontractors itemized invoice(s). Contractor invoices shall include number of hours > worked and hourly rate by position as quoted on the bid schedule. Mark-up percentages (where applicable) I CL per the bid schedule. The County reserves the right to request copies of timekeeping or payroll records. c v 2. No mark-up will be allowed for freight or shipping charges. A copy of the freight/shipping invoice must be attached to the Contractors invoice. Expedited shipping charges will be allowed if written approval by a County Representative is also attached to the Contractors invoice. 3. Invoice shall reference Purchase Order number, location where work was performed, date(s) work was performed and completed. The following invoice lines (where applicable): a subtotaled line for cost of U. material and supplies, a line for the mark-up percentage for the material and supplies as quoted on the bid � � schedule, a line for hourly rate x number of hours (subtotaled), a line for total subcontractor charges, a line ti for mark-up for subcontractor charges, a line for expedited shipping charges. Invoice shall be totaled. Co Failure to attached copies of receipts and subcontractor invoices may delay and/or prevent proper payment. N m E. CONTRACTOR RESPONSIBILITIES E Page 5 of 8 Exhibit A -Scope of Services a Packet Pg. 903 16.C.1.n The Contractor(s) awarded for preventative maintenance inspection services, repair services, urgent and for regular on -call services will provide: I. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the preventative maintenance inspection services, repairs, and on -call services for the County's systems. Except as noted herein, travel fees will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. A contractor will not be allowed to bill for administrative hours. 2. All work shall be a "turnkey" operation to include all repairs, site clean-up and restoring the work area to its original condition. The resultant contract provides for any services deemed necessary to complete the job, through means of Contractor(s) in-house expertise or sub -contracted work as needed (back-up documentation will be required for sub -contracted work). The Contractor(s) shall ensure that all areas and equipment (i.e. UPS units and systems, batteries, etc.) be kept clean and free from dirt, dust and debris. 3. Where necessary, work shall include proper permitting, as required, and the Contractor(s) shall be responsible for permit submissions, unless otherwise instructed by the County. 4. The Contractor(s) shall maintain a sufficient number of qualified personnel to accomplish the County's work schedule. 5. Time is of the essence with respect to all provisions within the contract. Any delay in performance, not approved in writing by an appropriate County Representative or designee shall constitute a material breach of the contract. 6. The Contractor will use technicians who are trained and experienced with brands serviced. A qualified engineer (with all related licenses and certifications being current and in full force and effect) with the experience and ability to "pull" all permits required for any and all system renovations, when necessary and applicable. F. RESPONSE TIME 1. Urgent response shall be provided within four (4) hours from the time notice is issued from the County. Repairs shall begin within twenty-four (24) hours of the initial call unless otherwise agreed by the County. 2. Regular response shall be within two (2) business days from the time the notice is issued from the County. Repairs shall begin after the Contractor is in receipt of an approved purchase order from the County. G. CALL SCHEDULE Contractor(s) will provide an on -call schedule twenty-four (24) hours a day, seven (7) days per week, 365 days per year. The Contractor shall provide the County with an on -call telephone number(s) for standard, technical, and urgent services. H. REPLACEMENT /REPAIR PARTS All replacement / repair parts must be approved by an appropriate County Representative or designee and be of genuine and original manufacturer's parts. The Contractor(s) will be required to provide proof of the Original Manufacturer's parts through providing invoices or photographs at the time of invoice submission. The Contractor(s) shall be required to expressly warrant that all replacements are new and free from defects, warranted for their merchantability and meet the performance specifications of the original equipment for one year from installation. In the event a portion, or all of an order, is found to be defective when delivered and/ or installed, the Contractor shall immediately replace the equipment at no cost to the County. L WARRANTIES All new equipment warranty work shall be provided by the original warranty supplier. All warranty responsibility for previously purchased, but still under warranty, equipment will continue to be provided by the original warranty supplier until expiration of the warranty period. Upon expiration of the warranty period, responsibility for maintenance shall automatically transfer to the Contractor, unless otherwise directed by the County representative or designee. All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty item, the Contractor shall notify the County representative or designee, who will then have the responsibility of placing and tracking the Page 6 of 8 Exhibit A -Scope of Services Packet Pg. 904 16.C.1.n warranty trouble call with the warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty trouble call to the County representative or designee shall be provided by the Contractor at no additional cost to the County. Parts, replacement parts, and fixtures shall be new and warranted for a minimum of one (1) year, or the maximum allowed by the manufacturer. All labor for repairs shall have a minimum ninety (90) day warranty. J. ADDITIONS AND DELETIONS OF EQUIPMENT The County reserves the right to add or to delete any system equipment from service provided under this Contract as described herein, upon written notification by the County designee to the Contractor via an internal issued addendum. The County, or designee, shall attempt to provide advanced notice to the Contractor of all additional and/or new equipment; however, should Contractor's personnel receive a maintenance or repair call and records show that the individual piece of equipment is not inventoried or covered by this Agreement, the Contractor personnel will perform repairs as if equipment was covered by this Agreement and shall notify the County designee. Equipment removed shall not be billed for the month of removal. K. RECORDS AND DOCUMENTATION The Contractor(s) is responsible to maintain and update records for each type of equipment serviced. The documentation will include, and not be limited to, records of all service calls, preventative maintenance performed, and any system modifications, if applicable. The Contractor(s) will maintain a service log at the site of each piece of equipment maintained. The Contractor(s) will not charge for any call back work. All recovery reports shall be sent to the County Representative, or their designee, noting date, type, quantity, location, and disposal information. L. INSPECTIONS The County and the Contractor(s) may conduct an inspection of the completed services provided in response to any resulting purchase order. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected within 24 hours after receipt of notification, at the Contractor's expense. If the Contractor(s) fails to correct the defects within this time frame, the County shall be entitled to have the work remedied, charge a deduction / fine (see Section M - Performance Measures), and the Contractor(s) shall be fully liable for all costs and expenses reasonably incurred by the County. M. PERFORMANCE MEASURES The Contractor shall maintain compliance with the following performance measures: 1. The Contractor(s) shall provide 100% of all required reports and records within the time frame specified to the County's Representative, or their designee. 2. The Contractor(s) shall advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above -outlined performance measures. 3. The Contractor(s) shall furnish all necessary labor, tools, equipment and services to perform contracted services specified in the contract. 4. The County shall have the immediate right to complete the work to its satisfaction, through the use of County employees or outside contractors as deemed necessary, the total sum of the County employee's hours and materials cost(s) and/or outside vendor invoices shall be immediately deducted from the Contractor's invoice. N. CLEAN-UP The Contractor(s) shall be responsible for removing all debris from the site and cleaning affected areas. The Contractor(s) shall keep the premises free of debris and unusable materials resulting from their work or upon request by the County's representative. The Contractor(s) shall leave all affected areas as they were prior to beginning work. There will be no cost to the County for clean-up. Page 7 of 8 Exhibit A -Scope of Services Packet Pg. 905 16.C.1.n O. EQUIPMENT INVENTORY The Contractor(s) shall, under no circumstances, remove any equipment containing a County asset sticker. The Contractor(s) shall request that, when replacing equipment, the asset sticker be removed by an appropriate County staff member authorized to adjust equipment inventory records. P. SURVIVABILITY CLAUSE The Contractor(s) agree, will honor, and finish work for any purchase order that extends beyond the expiration date of the original solicitation and/or contract. These purchase orders will survive and remain subject to the terms and conditions of the agreement until the completion or termination of the purchase order. Page 8 of 8 Exhibit A -Scope of Services Packet Pg. 906 1 16.C.1.n Exhibit B Fee Schedule following this page (pages 1 through Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) `q Packet Pg. 907 16.C.1.n A. ITB# 20-7723 "Uninterrupted Power Systems" Exhibit B FEE SCHEDULE Facility Gateway Corporation will serve as the Secondary Contractor for Preventative Maintenance. PREVENTATIVE MAINTENANCE Item System Description B Price per Unit 1 0 - 20 KVA $275.00 2 21 - 40 KVA $305.00 3 41 - 80 KVA $345.00 4 Greater than 81 KVA $475.00 5 Off -hours surcharge $120.00 B. I ON -CALL SERVICES I Not Awarded C. D. HOURLY RATES Position Unit of measure Unit Price After Hours and Holida s Supervisor per hour $90.00 $125.00 Licensed Journeyrnan per hour $80.00 $105.00 Apprentice per hour $65,00 $90.00 Engineering/Design per hour $135.00 $150.00 MARKUP Material Markup 10% Subcontractor Markup 15% Packet Pg. 908 16.C.1.n Description: ❑ following this page (pages 0 this exhibit is not applicable Other Exhibit/Attachment through _) Page 17 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) W c U) L 0 I Q L 0 U 3 m �a r U M LL M N ti ti O N C W E t Packet Pg. 909 16.C.1.o Corder cox&-nty > Administrative Services Departrnent Procurement Services Diwsion �+ d d L Vendor Check List 0 IMPORTANT: Please review carefully and submit with your ProposallBid. Vendor should checkoff each of the following UT items: !_ 0 r General Bid Instructions has been acknowledged and accepted. [� Collier County Purchase Order Terns and Conditions have been acknowledged and accepted. 0 3 0 Form 1: Vendor Declaration Statement fL 13 d Form 2: Conflict of Interest Certification Q' 3 L Proof of status from Division of Corporations - Florida Department of State (If work perfornied in the State) - htt://dos.m yflorida.com/sunbiz/ should be attached with your submittal. _ [' Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. f N ti Form 3:.Intmigration Affidavit Certification MUST be signed and attached with .your submittal or you MAY be DEEMED r; CD NON -RESPONSIVE N 0 E/ E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Z m cz( H Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or � Lee County Business Tax Receipt should be attached with your submittal to be considered. 3 c� Form 5: Reference Questionnaires form MUST be utilized for each required reference and included with your submittal, or p you MAY be DEEMED NON -RESPONSIVE. _ 0 Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with 13 vour submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. dE Vendor Vd-9 Farm. o 0 VVendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Nrotice of Recommend Award. The Bid Schedule has been completed and attached with your submittal, applicable to bids. Copies of all requested licenses and/or certifications to complete the requirements of the project. d All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. ['f County's IT Technical Architecture Requirements has been acknowledged and accepted, ifapplicable. Any and all supplemental requirements and terms has been acknowledged and accepted. if applicable. Packet Pg. 910 16.C.1.o Core^ County Administrative Sen4 Department Procurement Semom OrAsion Form 4: Vendor Submittal — Local Vendor Preference Certification (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 Fifteen 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 at an area zoned for the conduct of such business. A Post Oftice-Box or a faciI ity that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure steal I 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 Nve11-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: NIA Number of Employees (Including Owner(s) or Corporate Officers): NIA Number of Employees Living in ❑ Collier County. or ❑ Lee (including Owner(s) or Corporate Officers): NIA If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sign and Date Certification: Company Name: Eola Power, LLC. Address in Coll Tr ee Courtty: We are not a local business. Signature: 4 Date: 5 ritl. National Sales Director Packet Pg. 911 -.v..nn •Trn i�AntAi]v 'fQ �n �iic 16.C.1.o C O�-Jer COMM ty Administrative SeMns Department Procurement Services Division Form l: 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 arran-ement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and speciticationsiscope of work of this solicitation have been fully examined and accepted. 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 he eligible to compete, submit a proposal, he awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WI'I"N1;SS WHEREOF. WE have hereunto subscribed our names on this day of 20An the County of in the State of Firm's Legal Name: Eola Power; LLC Address: 66 W Flagler ST SUITE 905 City. State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number "CCR 0 or CAGE Code *Only if Grant Funded Miami, FL 33130 81-2602715 7PDX4 Telephone: 305-40 7-5232 Email: marias@eolapower.com Signature by: Mateo Arias National Sales Director �( (Typed and written) Title: as ra C a) a) L Q L Q w N E d N to L d 3 0 a m a 0 c M N t` 0 N 6 Z m H 3 �a 0 r c 0 m c a) E E 0 v at ca co v M �a 0 a 0 aL c� 0 w M N ti O N C a) E L C� rr rr a Packet Pg. 912 -- inn I Tan 1 � • i - i OV 14t 1i17J1*** 16.C.1.o Additional Contact Information Send payments to: (required it different from Conipany name used as payee above) Contact name: Title: Address: City, State, ZIP Telephone: Entail: Office sere -icing Collier County to place orders (required if different from above) Contact name: Title: Address: city, State, ZIP Telephone: Email: Packet Pg. 913 16.C.1.o Im Cdfi r Corny Administrative services Depatllerlt Prowremern Services Division Form 2: Conflict of Interest Certification 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 contict 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 nay 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: l . All documents produced as a result of the work completed in the past or currently bein- 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 tirrit (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 frilly disclosed and does not pose an organizational conflict. State of i` LY-11 l) County of J_ The foregoing instrument was ackno ledged bet of (month), Z (year), by Personally Known OR Produced Identification Type of Identification Produced Ecla Por, LLC. r Company Name L Signature Mateo Arias National Sales Director Print Name and Title means of-0 physical presence or ❑ online notarization, this 7 () day f 'IL15S (nante of person acknowledging). (Signal rc MY CON,MlSSlON t Gu 252E '. avoforC• Cantomhni 2q 2022 (Print, Type, r St cot"' N O a O L a cc O w M cm ti O N r.+ d s Q Packet Pg. 914 16.C.1.o r COTIGOr c014."ty Adrr»nistr&m Sendces DeWtnerit Procurement Services DMsian Form 3: Immigration .affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the thin and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https:llwww.e-verifv,Rovl), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment 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 which will he pr•odtrced at the lime of the submission of the 1'endor's pr'o/)osal 'bid or wilhin fire (5) day of the Corrrrtr's ,Votice of Recommend I ts=ard. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALIBID MAY DEENI TI I E VENDOR'S 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 1 324 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 (c) 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 Aniendntent(s)) aid 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/bid. State of i rZ i ti rl:_.l 1 County of j Yl &r� L1 The or going instrument was acknowledged bell Of {month)„ 0` *(year), by Personally Known OR Produced Identification (S } (� Type of Identification Produc Eala Power, LLC. Company Name Signature Mateo Arias National Sales Director Print Name and Title physical presence or 0 online notarization, this s t day i (name of person acknowledging). ,t ?ignaf;ur of Notary Public - State of Florida) :;a:Y?" (Print. Type, or tamp iii iane�'1`fa it°e`i f-Nntary Public) Expii\ _ ,v °; bonded ru Nw,y 7, 'E rn 0 a 0 a ea 0 W M N I- ti O N d E t w w Q Packet Pg. 915 . sn.- - S a _1 A nV 1Q 'lalrki,** 16.C.1.o cafer c©u-hty Administrative services Departrnent Procurement Services DK ision Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire fo - d' U-- (Name of Company Requesting Reference Information) r' Y,' --,5 (frame of Individuals Requesting Reference Information) �+ Name: f"l I ke, (,J 1 s Company: (;)q ✓ � l� �r (Evaluator completing reference questionnaire) (Evaluator's Company completing referene Email: T\ (S `-? C'i`,�ttar.(`')pX: Telephone: 5v -q�) - `7 Collies- 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 I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very tulsatisfied (and would never hire the firmlindivdival again). If you do not have sufficient knowledge of past performance in aparticular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Completion Date: Project Number of Days: Item Criteria Score must be completed) I Ability to manage the project costs (minimize change orders to scope). 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. S 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 SCORN. OF ALL ITEMS Packet Pg. 916 16.C.1.o Co�er Couvay AdMnistrafve Services oepa tmnt P€ocurement S--Mces Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Solicitation: Reference Questionnaire for: ELL �c r LLB (Name of Company Requesting Reference Information) I"11,4 A, (Name of ffidividuals Requesting Reference Information) l Name: I "tom? t t r— kc,:s4"Fe. ✓1 Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Cl.� Telephone: Wx--1 - -71-1' (i 3 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 l 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 first/indivdival 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: Project Budget: Completion Date: Project Number of Days: Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 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. S Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. to Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS c d L Q L Q N E d N L d 3 0 a m M L L m c Cl) N ti 0 N 0 z m H E 3 ra 0 c 0 m c a� E E 0 0 a) cfl 00 v M rn 0 a 0 a 0 0 w M N r- ti 0 N C d E L C� r.+ Packet Pg. 917 16.C.1.o Corsr Comity Administrative Services Depatn nt Procurement Seers € Msfon Form S Reference Questionnaire (USE ONE FORW FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: C [ LLG. (Name of Company Requesting Reference Information) l nlf 6 A t" (Name of Individuals Requesting Reference Infatutation) Name: Bill Bower Company: DuPage County, IL (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: (o - 30-15 Louier uounty nas tmpiementea aprocess mar collects reference tniormauon on arms ana rnerr Key personnel to oc useu rn ute se;ecuon 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 I representing that you were very unsatisfied (and would never hire the firm/indivdival 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: Project Budget: Completion Date: Project Number of Days: Item Criteria Score must be eom leted) 1 Ability to manage tite project costs (minimize change orders to scope). 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 c 4) i Q L W N E d N N 3 0 IL d a d c ri N ti 0 N 6 z m H 3 0 0 ca m E E 0 0 m 0 0 M Packet Pg. 918 16.C.1.o CoMer CM"ty Administra5ve Services Depat„ent Procurement Services Division Form 5 Reference Questionnaire (USE OAE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: fT� �tl Company:Ail �� ✓5Qy\ � �/ �'-r . (Evaluator completing reference questionnaire) (Evaluator's Company completing referetige} Email: 11: HII O I C4f FAX: Te Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selectior 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 I to 10 with 10 representing that you were very satisifed (and would hire the firm!'individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival 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: Project Budget: Completion Date: Project Number of Days: Item Criteria Sonre (must be com leted I Ability to manage the project costs (minimize change orders to scope). 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 7 Project administration (completed documents, final invoice, final product turnover, invoices, manuals or going f6mard documentation, etc.) 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 Overa11 comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS d c a) N L Q L 0 w N E N r.+ N CIO L 3 0 a d r a a> c cri N r` ti 0 N 0 z m H L 3 �a 0 c 0 R c a> E E 0 0 m cfl w M in 0 a 0 L a 0 0 w M N ti ti 0 N r-� c d E M v R Q Packet Pg. 919 ' -......•mart r..1111-7o gngn s: 16.C.1.o coMeT c�.-�y Administrative Services Department Proc uremerst services Division Form 5 Reference Questionnaire USE ONE FORM FOR EACH REO UIRED REFERENCE Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Naine: (Evaluator completing reference questionnaire) z[/ k" Entail: Company: -F, (Evaluator's Company completing reference) Telephone: �?/ 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 die best of your knowledge on a scale of l to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were vet} unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it bWlk and the item or form will be scored `=0," Project Description, Project Budget: Completion Date: Project Number of Days: Item Criteria Score must he completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project.schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. :J Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 S Ability to verbally connuunicate and document information clearly and succinctly. 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 c d L a L Q N E d N co L d 3 0 a m a L L m c Cl) N ti 0 N 0 z m H E 3 ra 0 c 0 r m c a� E E 0 a� cfl 0 v M R w 0 a 0 L a 0 0 w M N tL O N C d E L C� r.+ Packet Pg. 920 16.C.1.o FORM 6 IF APPLICABLE GRANT PROVISIONS AND ASSURANCES FORMS ARE PROVIDED IN SEPARTE PACKAGE AND MUST BE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED 'WITH THE SUBMISSION OF THE BIDIPROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. Packet Pg. 921 16.C.1.o CONFIRM ALL REpUIRED LICENSES AND FORMS ARE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. Packet Pg. 922 Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at hLtps://Nj2s.fldfs.com/bocexempt/ 2. ® Employer's Liability $_1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000_single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed ou behalf of Collier County. N 1- 0 N N O Q. O L IL i 0 w M N ti ti 0 N c m s Q Packet Pg. 923 12. ® On all certificates, the Certificate Holder must read Trail East, Naples, FL 34112 16.C.1.o Collier County Board of County Commissioners, 3295 1 amiami 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed tc the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 3/31/20 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Name of Firm Eola Power, LLC. Vendor Signature ` 4&d 8 4t4ad, Print Name Mateo Arias Insurance Agency Rovner Insurance Group Agent Name Marc Rovner Date 06/05/2020 Telephone Number 561-287-6279 Packet Pg. 924 16.C.1.o cdfleY CiO.14"ty Email: Administrative Services Division Viviana.Giarimoustas@colliercountyfl.gov Procurement Services Telephone: (239) 252-8375 Addendum 1 Date: April 13, 2020 From: Viviana Giarimoustas, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation 20-7723 Uninterrupted Power Systems 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: cam; N Change 1. Excel attachment UPS Sample Equipment List has been added. Note: This list can be used as c an example of the current equipment, however it is not inclusive of all equipment at this time. N 14 If you require additional information please post a question on our Bid Sync (www.bidsytic.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 79a,8 05/12/2020 (Signature) Date Eola Power, LLC. (Name of Firm) Packet Pg. 925 4 • COMPANY NAME: EOLA POWER LLC Hq 66 W Flagler St Suite 905 Miami FL 33130 P: 800-399-7414 (24/7) F: 305-809-8104 Fax www.eolapower.com Ca eolapower 0 :U EOLA POWER COMPANY INFORMATION EOLA POWER LLC 66 W Flagler St, Suite 905 Miami, FL 33130 800-399-7414 www.eolapower.com 24/7/ National Emergency Response: +1(800)399-7414 info@eolapower.com Date of Incorporation: 5/10/2016, State of Florida Federal Tax ID: 81-2602715 DUNS: 080326750 CAGE:7PDX4 Bank Account Information: Bank of America 1414 Alton Rd, Miami Beach FL 33139 Phone: 305-532-3391 Routing( Electronic): 063100277 Account: 898094943589 Depositor: EOLA Power LLC Type: Checking Wire: 026009593 Remit to Address: 66 W Flagler St, Suite 905 Miami, FL 33130 Contacts for Financial Inquires: Certificate of Insurance Requests: Alex J Antoncecchi President Alex J Antoncecchi President alex@eolapower.com alexCaa eolapower.com 305-988-4616 305-988-4616 Number of Employees: 20-50 Total Net Sales: EOLA power LLC does not disclose any financial documents as an entity. 16.C.1.o Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. EOLA POWER LLC 2 Business name/disregarded entity name, if different from above eo 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to mfollowing seven boxes. certain entities, not individuals; see a instructions on page 3): p ❑ Individual/sole proprietor or ElC Corporation ElS Corporation ElPartnership ❑ Trust/estate c single -member LLC Exempt payee code (if any) e. o 6 ❑✓ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) IN, S p Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting +' w LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that a w is disregarded from the owner should check the appropriate box for the tax classification of its owner. V G) ❑ Other (see instructions) ► (Applies to accounts maintained outside the U.S.) U) 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 66 W FLAGLER ST, SUITE 905 6 City, state, and ZIP code MIAMI, FL 33130 7 List account number(s) here (optional) OftEll Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SHowever, for a — m — resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. M81 - 2 6 0 7 1 5 Certification Under penalties of perjury, I certify that 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the e your correct TIN. See the instructions for Part 11, later. Sign Signature of Jan 12020 Here U.S. person ► Date Do - General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form Packet Pg. 928 ACORhP CERTIFICATE OF LIABILITY INSURANCE llll.� DATE (MM/DD/YYYY) 1 07/16/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: Marc Rovner Rovner Insurance Group A/C PHONE., Ex , A/C No): E-MAIL ADDRESS: mrovner@rovnerco.com 11098 Biscayne Blvd, #100 Y INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: United Specialty Insurance Company Miami FL 33161 INSURED INSURER B: Travelers INSURERC: Startstone National Insurance Company EOLA Power, LLC INSURERD: Guard Insurance Group 31470 INSURER E: 66 W Flagler Street Suite 905 INSURER F: Miami FL 33130 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SD SUBR WVD POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR Y Y USA-4229418 07/16/2019 07/16/2020 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTE PREM SES Ea occu ante $ 100,000 IT GEN'L X MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY F7 PECOT- LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE XHIRED LIABILITY ANY AUTO OWNED �/ SCHEDULED AUTOS ONLY /� AUTOS NON -OWNED AUTOS ONLY /� AUTOS ONLY Y Y BA-ON501982-19-42-G 05/26/2019 05/26/2020 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ C X UMBRELLALIAB EXCESS LIAB OCCUR CLAIMS -MADE Y Y 85556N190ALI 03/05/2019 03/05/2020 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DIED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Y EOWC006460 05/24/2019 05/24/2020 X PER STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION For Information Purposes Only FL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD a K m kil FLORIDA 2020 Florida Annual Resale Certificate for Sales Tax This Certificate Expires on December 31, 2020 Business Name and Location Address Certificate Number 23-8017033190-9 EOLA POWER LLC 66 W FLAGLER ST STE 905 MIAMI, FL 33130-1807 16.C.1.o DR-13 R. 10/19 By extending this certificate or the certificate number to a selling dealer to make eligible purchases of taxable property or services exempt from sales tax and discretionary sales surtax, the person or business named above certifies that the taxable property or services purchased or rented will be resold or re -rented for one or more of the following purposes: • Resale as tangible personal property. • Re -rental as tangible personal property. • Resale of services. • Re -rental as commercial real property. • Incorporation into tangible personal property being repaired. • Re -rental as transient rental property. • Incorporation as a material, ingredient, or component part of tangible personal property that is being produced for sale by manufacturing, compounding, or processing. Your Florida Annual Resale Certificate for Sales Tax (Annual Resale Certificate) allows you or your representatives to buy or rent property or services tax exempt when the property or service is resold or re -rented. You may not use your Annual Resale Certificate to make tax-exempt purchases or rentals of property or services that will be used by your business or for personal purposes. Florida law provides for criminal and civil penalties for fraudulent use of an Annual Resale Certificate. As a seller, you must document each tax-exempt sale for resale using one of three methods. You can use a different method each time you make a tax-exempt sale for resale. 1. Obtain a copy (paper or electronic) of your customer's current Annual Resale Certificate. 2. For each sale, obtain a transaction authorization number using your customer's Annual Resale Certificate number. 3. Each calendar year, obtain annual vendor authorization numbers for your regular customers using their Annual Resale Certificate numbers. Online: Visit floridarevenue.com/taxes/certificates Phone: 877-357-3725 and enter your customer's Annual Resale Certificate number Mobile App: Available for iPhone, iPad, and Android devices aD CU r_ (D 0 a `0 E 0 W U) L a� 3 0 a a� a 0 L a� r c .E ai N rl- 0 N 6 z m E cu 3 CU 0 c 0 CU c a� E 0 a� o: co 00 v M Cn 0 a 0 L a Ca 0 w M N ti ti 0 N C E t V R r Q Packet Pg. 930 M 1 1 (Formerly South Florida Critical Power LLC) BUSINESS REFERENCES Company Established 2016 1) Miami Marlins: Full Service Preventive Maintenance 2 to 4 hour response time on 5 Emerson/ Vertiv and Schneider Electric UPS systems (10-300 KVA) (6)20 ton Liebert/ Emerson HVAC Systems 3 year deal all parts included Battery Replacements Capacitor and fan replacements 2) University of Miami: Full Service Preventative Maintenance all parts included 4 hour response time 32 Automatics transfer switches (ATS) 6 APC/Schneider UPS Systems (10-100 KVA) 3) Orlando Utilities Commission (OUC): Full Service Preventive Maintenance 4 hour or less response time Mitsubishi and Liebert/Emerson UPS Systems Battery replacements Capacitor and fan replacements (10 - 300 KVA) Includes City of Orlando 911 Center as well as major OUC Data Centers 16.C.1.o Packet Pg. 932 CERTIFICATE OF LIABILITY INSURANC FDATE( 16.C.1.p �� 09/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! L BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 0 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed 0) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of y this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). y PRODUCER CONTACT NAME: Marc Rovner >4 ) Rovner Insurance Group AICO.NNo Ext : (305) 303-8358 plc No : N 11098 Biscayne ne Blvd, #100 E-MAIL ADDRESS: mrovner@rovnerco.com @ 3 0 INSURER(S) AFFORDING COVERAGE NAIC # d Miami FL 33161 INSURERA: United Specialty Insurance Company INSURED EOLA POWER, LLC INSURER B : Travelers CL 3 INSURERC: Startstone National Insurance Company INSURERD: Guard Insurance Group 8782 NW 18TH TERRACE 31470 INSURER E : Shelter Point DORAL FL 33172 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: t"i THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE $ 2,000,000 ;�/ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 A CCP-913413 07/16/2020 07/16/2021 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO- ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY EaacccdentSINGLELIMIT $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO B OWNED SCHEDULED AUTOS ONLY AUTOS BA-ON501982-19-42-G 05/26/2020 05/26/2021 /� X BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 C EXCESS LIAB CLAIMS -MADE 85556N190ALI 03/05/2020 03/05/2021 DED RETENTION $ $ D WORKERS COMPENSATION ANDAND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A EOWC146382 05/24/2020 05/24/2021 X SPER TATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Disability Group DBL564130 09/17/2020 09/17/2021 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County included as an additional Insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 933 16.C.1.q FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 20-7723 for Uninterrupted Power Systems THIS AGREEMENT, made and entered into on this day of 2020 , by and between Eola Power LLC authorized to do business in the State of Florida, whose business address is 8782 NW 18th Terrace Doral FL 33172 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing 0 upon the date of Board approval ❑ on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a V Purchase Order ❑ 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ 0 Invitation to Bid (ITB) ❑ Otht;r # 20-7723 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. FE-1 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) rc -X Packet Pg. 934 16.C.1.q 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3 4, ❑eewnygpefed 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ p i6 aetherizee#- 0 Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ❑■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 5 16.C.1.q 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. MAa IN & N. - Z all gaw_ Q 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6, NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 936 16.C.1.q Company Name: Eola Power LLC Address: 66 W. Flagler St., Suite 905 Miami FL 33130 Authorized Agent: Alex Antoncecchi / Ermal Lulo Attention Name & Title: Mateo Arias, National Sales Director Telephone: (305) 407-5232 E-Mail(s): marias(cb-eolapower.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Damon Grant Division Name: Facilities Management Division Address: 3335 Tamiami Trail East Naples, Florida 34117 Administrative Agent/PM: Miguel Carballo Telephone: 239-252-8380 E-Mail(s): Miguel Carballo(cDcolliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 937 16.C.1.q 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑E Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ■E Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. R Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 5 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 938 16.C.1.q Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 9 :9 16.C.1.q 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ fi F=P FE-1 ITB/0 Qthef— # 20-7723 , including Exhibits, Attachments and Addenda/Addendum, ❑ aubseq4e44t quotes, and ❑ QtheF Fix#ibW4ttash„menti 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 940 16.C.1.q located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page S of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 941 16.C.1.q 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. ❑N CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. ❑O WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) CA Packet Pg. 942 16.C.1.q particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. Fil TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27, X PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it Page 10 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) / (C Packet Pg. 943 16.C.1.q foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. AV W --milli ..w . . w - • • .. •. ,.WNW Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) a CCA0) Packet Pg. 944 16.C.1.q FN� AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. FN� ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. .. .. n. .... .. .. - .,... .. ....... 011 - UZ- - - 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY, The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 945 16.C.1.q County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. FN� SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) _- A0 Packet Pg. 946 16.C.1.q IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts & COLLIER COUNTY, FLORIDA Comptroller ER (SEAL) Dated: +t: k ROSARIO BELEN PLOD - ;�. MY COMMISSION !{ HH 026326 EXPIRES: August 2, 2024 "r da . Bonded Tlyu NoUvy Public Under Contractor's First Witness 6dA TT p Iprint witness na T �m Contra tor's Second Witness TTypelprint witness nameT Approved as to Form and Legality: County Attorney Print Name By: Burt L. Saunders , Chairman Eola Power LLC Contractor D B A By: natur;4�e �. �'- TTypelprint signature and titlef Page 14 of 17 r Fixed Tern Service Multi -Contractor Agreement 2017,009 (Ver.1 ) Q • r? Packet Pg. 947 16.C.1.q Exhibit A Scope of Services ❑m following this page (pages 1 through 8 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) GO Packet Pg. 948 16.C.1.q 20-7723 "Uninterrupted Power Systems" EXHIBIT A SCOPE OF SERVICES This contract is awarded on a Primary/Secondary/Tertiary per category basis. In order to maintain the integrity and continuous operation of the Uninterrupted Power Supply (UPS) units/systems in various County owned and leased buildings throughout the County, the Contractor will perform the following, but not limited to: 1. Preventative maintenance inspection services for units and batteries; 2. Provide labor and parts for routine repair services for units and batteries and 3. Provide labor and parts for on -call repair services for units and batteries. It is the intent of the County that the UPS systems experience minimal down time; therefore, the Primary Contractor shall respond within eight (8) hours from the time the notice is issued, if the Primary Contractor does not respond within the timeframe or is unable to work on a specific system, the County will proceed with the Secondary Contractor. If the Secondary Contractor does not respond within the timeframe or is unable to work on a specific system, the County will proceed with the Tertiary Contractor. While the County intends to use the Contractor(s), the County reserves the right, at any time to request additional quotes or bids from other contractors (per the Board's Procurement Ordinance). The Contractor shall provide preventative maintenance inspection services, repairs services, urgent and on -call repair services including, but not limited to Emerson systems, Liebert systems, Eaton systems, APC systems. Services shall include, but not limited to: 1. Battery replacement / installation 2. Battery preventative maintenance 3. UPS replacement / installation 4. UPS preventative maintenance The Contractor(s) may be required to use the County's Work Management procedures, such as utilizing work order forms or future online work order system, at no additional cost to the County or Contractor. The Contractor will be responsible for utilizing any systems used by the County for work orders under the resultant agreement. The Contractor must provide requested certifications and licenses necessary to perform the services outlined in this scope. The Contractor(s) shall use qualified technicians to complete all work in accordance with the Manufacturer's guidelines to satisfy the requirements specified in the bid. Technician credentials may be requested by the County. A. PREVENTATIVE MAINTENANCE The preventative maintenance covered by this scope of work includes (all inspections or processes may not be applicable to all equipment types or models): 1. Visual Inspections: a. Inspect all printed circuit board connections for cleanliness, swab contacts if necessary; b. Inspect all power connections for signs of overheating; c. Inspect all subassemblies, bridges, and legs for signs of component defects or stress; Page I of 8 Exhibit A -Scope of Services I Packet Pg. 949 16.C.1.q d. Inspect all DC capacitors for signs of leakage; e. Inspect all AC capacitors for signs of leakage; f. Inspect and inventory all customer -owned spare parts; g. Inspect for and perform, as required, any open engineering changes; h. Inspect insulation, overheating, and physical damage; and i. Inspect battery monitoring system. 2. Internal Operating Parameters: a. Control calibrations — check / adjust, as necessary; b. DC Ground Detection Offset, if applicable; c. Inverter leg current average phase balance, if applicable; d. Output filter current average phase balance; e. Rectified bridge current average leg balance; f. AC Protection settings are checked; g. DC Protection settings are checked; h. Calibrate and record all electronics to system specifications; i. Input and Output Frequency and Voltage Bandwidth settings are checked; j. Verify DC filter capacitance; k. Verify AC tank and trap filter capacitance including balancing of items; 1. Power Supply voltages and waveforms; in, Update firmware as necessary with written approval by an appropriate County Representative (parts if required are included at no charge with full parts coverage if the equipment is under warranty. If there is no service agreement, the parts may be billed at actual cost with 10% mark-up. n. Evaluate Field Service Bulletins (FSBs) for potential updates (parts if required are included at no charge with full pails coverage if the equipment is under service agreement. If there is no warranty, the parts may be billed at actual cost with applicable 10% mark-up. 3. External Operating Parameters: a. System Input Voltages, all phases; b. System Input Currents, all phases; c. DC Charging Voltages (float and equalize), record settings, and adjust to nominal; d. Rectifier phase on and walk-up; e. Inverter phase on and walk-up; f. Adjust all panel meters to measured values; g. System Bypass Voltages, all phases; h. Manual and UV Transfer Testing, verify uninterrupted transfer waveform, if applicable; Page 2 of 8 Exhibit A -Scope of Services m in L 0 m L 3 0 a 0 0 w M N ti ti 0 N C m E 0 M a - nr. Packet Pg. 950 16.C.1.q i. Outage Simulation, batter capability testing, and verify charger current limit; and j. Generator operation and interface verification, if applicable. 4. Environmental Parameters: a. UPS area ambient temperature and condition of ventilating equipment; b. General Cleanliness of UPS Power Module; c. General Cleanliness of UPS area; d. Replace air filters as applicable and necessary (parts if required are included at no charge with full parts coverage if the equipment is under Service Agreement. If there is no warranty, the parts may be billed at actual cost with applicable mark-ups as quoted on the Bid Schedule); e. Clean outside of UPS including control panel/CRT screen; and 5. Battery Cabinet Checks: a. General appearance of battery systems (all types); b. General cleanliness of batter system areas (all types); c. Verify the integrity of the battery rack/cabinet; d. Inspect all DC connections for abnormalities; e. Inspect cells for physical abnormalities; f. Check batter for current limits, input limits, overload levels, and over temp circuits; g. Check for corrosion on battery terminals and connectors; h. Clean batteries as necessary; i. Verify proper torque on connections; j. Verify the condition of the ventilation equipment, if applicable; k. Check the appearance of the battery room, if applicable; 1. Battery system area ambient temperature and condition of ventilating equipment; and in. For internal batters only — measure and record: i. Overall battery float voltage; ii. Charger output current and voltage; iii. Negative terminal temperature of one cell/battery per battery cabinet shelf or rack tier; and iv. Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330). 6. Monitoring System Parameters: a. Alarm archive review and printing; b. Alarm lamp test -local and remote, if applicable; c. Replace all open monitor bulbs; d. Inspect battery monitoring system; and e. Review battery test in history, if applicable. Page 3 of 8 Exhibit A -Scope of Services At1 Packet Pg. 951 16.C.1.q 7. Circuit Breakers / Isolators: a. Check capacitors for swelling or leaks; b. Verify free travel; and c. Check magnetic / thermal settings. 8. Additional Items: a. Synchronizing verification: i. Utility Sync and Transfer to bypass; ii. Transfer from bypass to UPS; iii. Verify voltage and phase lockout; and iv. Verify static bypass operation. b. Fuses need verified for type, value, and condition; c. Power Measurements (on-line): i. Output RMS current (Phase and Neutral); and ii. Output Peak current (Phase and Neutral). d. Cleaning/Air Flow — check fans, doors, and compartment seals i. Replace filters; and ii. Clean Module. e. Clean normal cell dirt/dust accumulation, when possible. f. Battery recycling is required and shall be included in the pricing. g. Check nuts, bolts, screws, and connections for tightness and heat discoloration. h. Operational testing of the system including unit transfer and battery discharge. 9. General: a. Customer consultation; b. Verbal recommendations; and c. General observations. Following the preventative maintenance inspection, a written report / check list will be provided to the appropriate County Representative detailing the results of the inspection, services completed, and making specific recommendations for future remedial action, upgrades, etc. Preventative maintenance on each unit / system / battery is required to be completed in accordance with the Manufacturer's recommendations. Preventative maintenance will be billed by item serviced. Actual records must be provided for payment. These records will include but not be limited to a summary spreadsheet for each unit serviced with the date of service and an attestation signed by the awarded Contractor(s). Typically, preventative maintenance will be completed during normal business hours, Monday - Friday 7:00am — 5:00pm; however, the County may request preventative maintenance during off -hours, as deemed necessary by the County representative or designee. An off -hour rate is provided in Exhibit B. Equipment Manufacturer Service Plans offered from the Manufacture may be added as a separate "turnkey" item for specific units, as needed by County Divisions. When these services occur, a quote following the pricing methodology of the solicitation will be requested from the awarded Contractor(s). Page 4 of 8 Exhibit A -Scope of Services PAC) Packet Pg. 952 16.C.1.q B. ON -CALL SERVICES (for regular and urgent equipment maintenance, repair, and replacement identified in the scope of work) The two types of maintenance, repair, and replacement services required are: • Resular Repair Work: Regular repair work is work that is performed during normal business hours Monday - Friday 7:00am — 5:00pm excluding County recognized holidays. The County Representative or designee will provide a scope of work to be performed by the Contractor and request that a "time and materials" quote be provided. The quote shall be provided to the appropriate County Representative within two (2) business days unless otherwise agreed to. The Contractor will commence the quoted work upon receipt of an approved purchase order from the County representative or designee. Contractor shall complete the regular repair work within two (2) business days, unless otherwise directed by the County representative or designee. In the event that the Contractor does not fulfill these response requirements, the County reserves the right to contact the Secondary Contractor or another Contractor to perform the scope of work. Urgent Repair Work: Urgent repair work is work that is specifically requested and approved in writing by an appropriate County Representative or designee for work to be performed outside of normal business hours. The County representative or designee will identify the needed maintenance, repair and replacement for the life, health, safety or equipment/facility urgent and request a "Time and Material" quote based on urgent rates outlined in Exhibit B Fee Schedule. The County Representative or designee may direct the Contractor to commence work through a verbal direction; and a purchase order will be issued to the Contractor as soon as possible. If any repair is deemed urgent, all parts must be shipped overnight, and repairs are to start immediately upon the part being received. Overnight charges (per After Hour rates outlined in Exhibit B Fee Schedule) must be shown as a separate line item on the invoice and proof of the charges shall be attached to the invoice. Failure to show proof of overnight charges my delay payment. The approved purchase order will contain the job specific scope of work. The County Representative or designee reserves the right to specify the period of completion. C. QUOTES • "Time and Material" Quotes shall provide: 1. The expected number of work hours by each position times the hourly rate and the extended total; 2. The breakdown of the cost for supplies, parts and any rental equipment used for the scope of work. The Contractor must provide copies of receipts with their invoice. D. INVOICING 1. Invoices shall include copies of receipts for supplies/materials, expedited shipping charges and equipment rental and copies of subcontractors itemized invoice(s). Contractor invoices shall include number of hours worked and hourly rate by position as quoted on the bid schedule. Mark-up percentages (where applicable) per the bid schedule. The County reserves the right to request copies of timekeeping or payroll records. 2. No mark-up will be allowed for freight or shipping charges. A copy of the freight/shipping invoice must be attached to the Contractors invoice. Expedited shipping charges will be allowed if written approval by a County Representative is also attached to the Contractors invoice. Invoice shall reference Purchase Order number, location where work was performed, date(s) work was performed and completed. The following invoice lines (where applicable): a subtotaled line for cost of material and supplies, a line for the mark-up percentage for the material and supplies as quoted on the bid schedule, a line for hourly rate x number of hours (subtotaled), a line for total subcontractor charges, a line for mark-up for subcontractor charges, a line for expedited shipping charges. Invoice shall be totaled. Failure to attached copies of receipts and subcontractor invoices may delay and/or prevent proper payment. E. CONTRACTOR RESPONSIBILITIES Page 5 of 8 Exhibit A -Scope of Services Packet Pg. 953 16.C.1.q The Contractor(s) awarded for preventative maintenance inspection services, repair services, urgent and for regular on -call services will provide: 1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the preventative maintenance inspection services, repairs, and on -call services for the County's systems. Except as noted herein, travel fees will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. A contractor will not be allowed to bill for administrative hours. 2. All work shall be a "turnkey" operation to include all repairs, site clean-up and restoring the work area to its original condition. The resultant contract provides for any services deemed necessary to complete the job, through means of Contractor(s) in-house expertise or sub -contracted work as needed (back-up documentation will be required for sub -contracted work). The Contractor(s) shall ensure that all areas and equipment (i.e. UPS units and systems, batteries, etc.) be kept clean and free from dirt, dust and debris. 3. Where necessary, work shall include proper permitting, as required, and the Contractor(s) shall be responsible for permit submissions, unless otherwise instructed by the County. 4. The Contractor(s) shall maintain a sufficient number of qualified personnel to accomplish the County's work schedule. 5. Time is of the essence with respect to all provisions within the contract. Any delay in performance, not approved in writing by an appropriate County Representative or designee shall constitute a material breach of the contract. 6. The Contractor will use technicians who are trained and experienced with brands serviced. A qualified engineer (with all related licenses and certifications being current and in full force and effect) with the experience and ability to "pull" all permits required for any and all system renovations, when necessary and applicable. F. RESPONSE TIME 1. Urgent response shall be provided within four (4) hours from the time notice is issued from the County. Repairs shall begin within twenty-four (24) hours of the initial call unless otherwise agreed by the County. 2. Regular response shall be within two (2) business days from the time the notice is issued from the County. Repairs shall begin after the Contractor is in receipt of an approved purchase order from the County. G. CALL SCHEDULE Contractor(s) will provide an on -call schedule twenty-four (24) hours a day, seven (7) days per week, 365 days per year. The Contractor shall provide the County with an on -call telephone number(s) for standard, technical, and urgent services. H. REPLACEMENT /REPAIR PARTS All replacement / repair parts must be approved by an appropriate County Representative or designee and be of genuine and original manufacturer's parts. The Contractor(s) will be required to provide proof of the Original Manufacturer's parts through providing invoices or photographs at the time of invoice submission. The Contractor(s) shall be required to expressly warrant that all replacements are new and free from defects, warranted for their merchantability and meet the performance specifications of the original equipment for one year from installation. In the event a portion, or all of an order, is found to be defective when delivered and/ or installed, the Contractor shall immediately replace the equipment at no cost to the County. I. WARRANTIES All new equipment warranty work shall be provided by the original warranty supplier. All warranty responsibility for previously purchased, but still under warranty, equipment will continue to be provided by the original warranty supplier until expiration of the warranty period. Upon expiration of the warranty period, responsibility for maintenance shall automatically transfer to the Contractor, unless otherwise directed by the County representative or designee. All trouble calls shall be initially reported to the Contractor. If the trouble call involves a warranty item, the Contractor shall notify the County representative or designee, who will then have the responsibility of placing and tracking the Page 6 of 8 Exhibit A -Scope of Services Packet Pg. 954 16.C.1.q warranty trouble call with the warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty trouble call to the County representative or designee shall be provided by the Contractor at no additional cost to the County. Parts, replacement parts, and fixtures shall be new and warranted for a minimum of one (1) year, or the maximum allowed by the manufacturer. All labor for repairs shall have a minimum ninety (90) day warranty. J. ADDITIONS AND DELETIONS OF EQUIPMENT The County reserves the right to add or to delete any system equipment from service provided under this Contract as described herein, upon written notification by the County designee to the Contractor via an internal issued addendum. The County, or designee, shall attempt to provide advanced notice to the Contractor of all additional and/or new equipment; however, should Contractor's personnel receive a maintenance or repair call and records show that the individual piece of equipment is not inventoried or covered by this Agreement, the Contractor personnel will perform repairs as if equipment was covered by this Agreement and shall notify the County designee. Equipment removed shall not be billed for the month of removal. K. RECORDS AND DOCUMENTATION The Contractor(s) is responsible to maintain and update records for each type of equipment serviced. The documentation will include, and not be limited to, records of all service calls, preventative maintenance performed, and any system modifications, if applicable. The Contractor(s) will maintain a service log at the site of each piece of equipment maintained. The Contractor(s) will not charge for any call back work. All recovery reports shall be sent to the County Representative, or their designee, noting date, type, quantity, location, and disposal information. L. INSPECTIONS The County and the Contractor(s) may conduct an inspection of the completed services provided in response to any resulting purchase order. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected within 24 hours after receipt of notification, at the Contractor's expense. If the Contractor(s) fails to correct the defects within this time frame, the County shall be entitled to have the work remedied, charge a deduction / fine (see Section M - Performance Measures), and the Contractor(s) shall be fully liable for all costs and expenses reasonably incurred by the County. M. PERFORMANCE MEASURES The Contractor shall maintain compliance with the following performance measures: 1. The Contractor(s) shall provide 100% of all required reports and records within the time frame specified to the County's Representative, or their designee. 2. The Contractor(s) shall advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above -outlined performance measures. 3. The Contractor(s) shall furnish all necessary labor, tools, equipment and services to perform contracted services specified in the contract. 4. The County shall have the immediate right to complete the work to its satisfaction, through the use of County employees or outside contractors as deemed necessary, the total sum of the County employee's hours and materials cost(s) and/or outside vendor invoices shall be immediately deducted from the Contractor's invoice. N. CLEAN-UP The Contractor(s) shall be responsible for removing all debris from the site and cleaning affected areas. The Contractor(s) shall keep the premises free of debris and unusable materials resulting from their work or upon request by the County's representative. The Contractor(s) shall leave all affected areas as they were prior to beginning work. There will be no cost to the County for clean-up. Page 7 of 8 Exhibit A -Scope of Services Packet Pg. 955 16.C.1.q O. EQUIPMENT INVENTORY The Contractor(s) shall, under no circumstances, remove any equipment containing a County asset sticker. The Contractor(s) shall request that, when replacing equipment, the asset sticker be removed by an appropriate County staff member authorized to adjust equipment inventory records. P. SURVIVABILITY CLAUSE The Contractor(s) agree, will honor, and finish work for any purchase order that extends beyond the expiration date of the original solicitation and/or contract. These purchase orders will survive and remain subject to the terms and conditions of the agreement until the completion or termination of the purchase order. Page 8 of 8 Exhibit A -Scope of Services Packet Pg. 956 16.C.1.q Exhibit B Fee Schedule following this page (pages 1 through a� c TL 0 LI 3 0 a M 0 w M N ti ti O N Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 957 16.C.1.q ITB# 20-7723 "Uninterrupted Power Systems" Exhibit B FEE SCHEDULE Eola Power LLC will serve as the Primary Contractor for On -Call Services A. I PREVENTATIVE MAINTENANCE I NOT AWARDED 9 C. 0 ON -CALL SERVICES Item System Description Unit Price Typical Scope of Work Under $1,000: The following issues have been found for a unit and needs to 1 be addressed -Replace burned battery wiring found on inspection needing replaca-Replace loore $250.00 battery terminal connectons found on inTection needing replacement Typical Scope of Work Between $1,000 and $3,000:-Replace low reading battery found on $300.00 2 inspection -Replace bad diodes, capacitors, SCR's or fuses found during inspection Typical Scope of Work Between $3,000 and $20,000:-Replace worn or damaged controls found $350.00 3 during inspection-Replacebad printed circuit board -Replace logic power supplies Typical Scope of Work Between $20,000 — 40,000:-Replace full bank of batteries due to weak $700.00 4 batteries or longevity replacement recommendation from UPS manufacturer 5 Typical Scope of Work Between $40,000 and $50,000: $1,500.00 -Full turnkey UPS System replacement 6 Typical Scope of Work $50,000 +: $2,500,00 -Full turnkey UPS System replacement MARKUP Material Markup 10% Subcontractor Markup 15% kt";sl Packet Pg. 958 16.C.1.q Other Exhibit/Attachment Description: ❑ following this page (pages through _) FO-1 this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 959 16.C.1.r C A 6C111 I AC'�R17� CERTIFICATE OF LIABILITY INSURANCE =DATE(MMIDD(YYYY) 12020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 714-430-0035 Shorepoint Insurance Services CA License # OK07568 CONTACT Lorae Farmer ME PHONE 714-430-0035 FAX Arc, No, Ext : FAX No): 1120 Bristol St. Costa Mesa, CA 92626-5964 E-MAIL armer s orepointinsurance.com ADDREss: Ray Markley INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Prop Cas Co of Amer 25674 N €1RED akouri Electrical Engineering, Inc. Rancho Santa (Margarita, CA 92688 INSURER B: Travelers Indemnity Co. of CT 25682 INSURER C Admiral Insurance Co. 24856 INSURER D :Travelers Cas & Sur Co of Amer 31194 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X C09N588448 10/01/2020 101011202, EACH OCCURRENCE $ 1,000,001 DAMAGE TORENTEDncg MED EXP (Any oneperson) $ 500,00Le�i $ 10,001 PERSONAL & ADV INJURY $ 1,000,001 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY PEST LOC OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS -COMPIOPAGG S 2,000,00i S B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AIRED ONLY NON- ONLD BA914589537 10/0112020 10/01/2021 EOMDIa 1NEDSINGLELIMIT $ 1,000,00i BODILY INJURY Per erson $ BODILY INJURY Per a idenO S Derr acc OentAMAGE $ $ A X UMBRELLA LIAR X OCCUR EXCESS LIAB CLAIMS -MADE ZUP71M14854 10101/2020 10/0112021 EACH OCCURRENCE S 9,000,00' AGGREGATE $ 9,000,00 DED I X I RETENTION$ 10,000 A WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY Y� AFFICEROIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA UB9N592241 10/01/2020 10/0112021 X 1PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,00 $ E.C. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT 1,000,00 C D E&O Crime EODOOD2455308 105762149 10/01/2020 10/01/2020 10/01/2021 10/0112021 PerlAgg PerlAgg 5,000,00 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Collier County Board of County Commissioners or Board of County Commissioners in Collier County or Collier County Government are additional insureds according to the wording included in the policy form and per written contract or agreement. CCBCCOM Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE vC'ajiw� ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD Packet Pg. 960