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Backup Documents 10/27/2020 Item #16C 1 (Facility Gateway Corp)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management Cc— jc(2;7)',7, 2. County Attorney Office County Attorney Office 61r21_ it)71/2/1 4. BCC Office Board of County Commissioners 35sJV— ! Ib'( .orb 4. Minutes and Records Clerk of Court's Office ID J3a 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was October 27th 2020 Agenda Item Number 16.C.1 Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 20-7723 FACILITY number if document is FACILITY GATEWAY to be recorded GATEWAY CORPORATION CORPORATION INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/27/2020 and all changes made during /A is not the meeting have been incorporated in the attached document. The County :•_•.:.,„.on for g11 11 V la• Attorney's Office has reviewed the changes,if applicable. /► 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for th:1 rVI A2 oan option for Chairman's signature. �t this line. R u. .gement 1 6 C 1 MEMORANDUM Date: October 30, 2020 To: Jessica Suarez, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Agreement #20-7723 "Uninterrupted Power Systems" Contractor: Facility Gateway Corporation Attached for your records is a scanned copy of the referenced document above, (Item #16C1) adopted by the Board of County Commissioners on Tuesday, October 27, 2020. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 1 6 C 1 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 20-7723 for Uninterrupted Power Systems /�, ��,,�,. THIS AGREEMENT, made and entered into on this44‘ day of l��-tbe 20 20 , 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: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing upon the date of Board approval I I 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 ❑� Purchase Order ❑ 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of R q eet fnr 12copocal (RFP} 111 Invitation to Bid (ITB) I I 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. III 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) 0 16C1 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 n The procedure for obtaining Work under this Agreement is outlined in Exhibit A— Scope of Services attached hereto. 3.3 I I The procedure for obtaining Work under this Agreement is outlined in I I Other Exhibit/Attachment: 3-4 n tations: the period es in the event of latc completion; and the 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): • fl Lump Sum (Fixed Price): A firm fixed • fixed price contract is authorized. n 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. II 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.]) 16C1 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. 4-4 • : Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. R ein413 ,rsemen4 h II be at the following rate Mi-leage $0.44.5 per mile freakfa-st Lunch $44-00 13inr er $19.00 Air-fa-Fe class-fare Rem-car +g Actual cost of parking Taxi or Airport Limousine Reimbursable items other than travel expenses shall be limited to the following: telephone responsible for all other costs and expenses associated with activities and solicitations 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 # 85-8015966531C. 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 3of17 Fixed Term Service Multi-Contractor Agreement 2017 008(Ver.1) 1 6 C 1 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): supplierAfacilitygateway.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.1) 16Ci 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. 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. n 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) 16C1 ❑ a liability for clai this insurance. Such insurance shall have limits of not less than $ each €- Cither-L t= ❑ : Coverage shall have minimum limits of$ per claim. 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) CAC) 1 6 C 1 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), n Exhibit A Scope of Services, Exhibit B Fee Schedule, n RFP/ n ITB/n Other #20-7723 , including Exhibits, Attachments and Addenda/Addendum, I I subsequent quotes, and Other Exhibit/Attachment: 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) 1 6 C 1 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 Term Service Multi-Contractor Agreement 2017.008(Ver.1) LAC) 16C1 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. 1.1 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. IiI 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.I) 16C1 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. ICI 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. n 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) C:.AC) 16C1 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. 34. right to perform investigations as may be doomed neccssary to cnsurc that cornpctcnt The Contractor shall make commercially reasonable efforts to notify Collier County within final approval of proposed replacement personnel. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.I) 16C1 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. n 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. O DER OF PRECEDENCE (Grant Fund 1 In the ev e the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documcnts upon the Contractor at County's discretion. 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) CM) I 6 C 1 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$500 per incident. 38. E■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) +rpl 1 6 C 1 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts & COLLIER COUNTY, FLORIDA Comptroller 4 4 fl it AlY� By: B � Burt L. Saunders , Chairman {$SAL) Dated: to 13blecao Facility Gateway Corporation Contractor's Witnesses: Contractor DBA By: .1'I t araGt r s First Witness te Mil: 00 &flit) TType/print signature a d titleT TT •• •-/pri wi ess name • tr ctor's Second Witness \ L€€ 1 , 6-A--- TT /print wi ss name • o'edk as to �VIP � rm nd Legality: 6 11. .e..--...A County Attorney item# iladA Print Name agendaOp Date Date a '�;E__ilY� r _,.. ,, Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver,I) 16C1 Exhibit A Scope of Services n 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) 16C1 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 8 Exhibit A-Scope of Services CM) 16C1 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 16C1 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 m. 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 16c1 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 B. ON-CALL SERVICES(for regular and urgent equipment maintenance, repair,and replacement idint'1'liee 1 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. OUOTES • "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 16C1 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 Can 16C1 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 Ciko 16Ci 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 i6C1 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 16 C1 ITB#20-7723 "Uninterrupted Power Systems" Exhibit B FEE SCHEDULE Facility Gateway Corporation will serve as the Secondary Contractor for Preventative Maintenance. A. PREVENTATIVE MAINTENANCE B Item System Description 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. ON-CALL SERVICES Not Awarded C. HOURLY RATES Position Unit of measure [nit Price After Hours and Holidays Supervisor per hour $90.00 $125.00 Licensed Journeyman per hour $80.00 $105.00 Apprentice per hour $65.00 $90.00 Engineering/Design per hour $135.00 $150.00 D. MARKUP Material Markup 10% Subcontractor Markup 15% 16C1 Other Exhibit/Attachment Description: ❑ following this page (pages through ) ❑■ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) C A() 16C1 ACORLO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/9/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTPRODUCER NAMEACT Amber Hermus M3 Insurance Solutions, Inc. PHONE FAX 608-288-2806 828 John Nolen Drive INC.No.Extl: (NC,No): Madison WI 53713 E-MAIL ADDRESS: amber.hermus@m3ins.com PRODUCER CUSTOMER ID#: FACIG-1 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:Transportation Insurance Co. 20494 Facility Gateway Corporation 4916 East Broadway INSURER B:Valley Forge Insurance Co 20508 Madison WI 53713 INSURERC:Continental Insurance Company 35289 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2009217771 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE „jNNSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDD/YYYY) (MM/DDIYYYY) C GENERAL LIABILITY Y 6016201176 11/25/2019 11/25/2020 EACH OCCURRENCE $1,000,000DAMAGE RENTED X COMMERCIAL GENERAL LIABILITY PREMISESO(Es occurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X _ c-r LOC A AUTOMOBILE LIABILITY 6016201193 11/25/2019 11/25/2020 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ C X UMBRELLA LIAB X OCCUR 6016201212 11/25/2019 11/25/2020 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DEDUCTIBLE X RETENTION $10.000 $ B WORKERS COMPENSATION 6016201209 11/25/2019 11/25/2020 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1.on0.0On DESCRIPTION OF OPERATIONS/LOCATIONS I 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL<DAYS>DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Collier County Board of County Commissioners SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 3295 Tamiami Trail E. Naples FL 34112 AUTHORIZED REPRESENTATIVE CB ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD