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Agenda 02/09/2021 Item #16C3 (Awarding Agreements under ITB #20-7750)02/09/2021 16.C.3 EXECUTIVE SUMMARY Recommendation to award Agreements in relation to Invitation to Bid ("ITB") No. 20-7750, "Instrument Calibration, Repair and Replacement Services" to Benro Enterprises, Inc., d/b/a Rocha Controls; Gossamer Bay, Inc., d/b/a Universal Controls Instrument Service Company; and TriNova, Inc. OBJECTIVE: Recommendation to award contracts to Benro Enterprises, Inc. d/b/a Rocha Controls, Gossamer Bay, Inc. d/b/a Universal Controls Instrument Service Company, and TriNova, Inc., pertaining to ITB # 20-7750, for Instrument Calibration, Repair and Replacement Services. CONSIDERATIONS: Instrument calibration, repair and replacement services are used by the Collier County Public Utilities Division on both a scheduled and urgent basis. This vital service ensures continued accuracy and functionality of the instruments in order to maintain the integrity and continuous operations of various instruments throughout Collier County Public Utilities water, wastewater and irrigation quality facilities. On August 3, 2020, the Procurement Services Division released ITB No. 20-7750 to eleven thousand thirty-six (11,036) vendors for the "Instrument Calibration, Repair and Replacement Services" solicitation. Sixty-five (65) interested vendors viewed the bid package and three (3) bidders from Florida submitted by the September 11, 2020 deadline. Staff found all three (3) bidders to be responsive and responsible with one bidder being contacted to resolve a minor irregularity. Staff recommends awarding to the lowest responsive and responsible bidders in each category as follows: CATEGORY DESCRIPTION PRIMARY SECONDARY A Analyzers Benro Enterprises d/b/a Rocha Controls TriNova, Inc. Gossamer Bay, Inc. d/b/a Universal B Flow Meter TriNova, Inc. Controls Instrument Service Co. Gossamer Bay, Inc. d/b/a Universal C Level Control Benro Enterprises d/b/a Rocha Controls Controls Instrument Service Co. Gossamer Bay, Inc. d/b/a Universal D Pressure Benro Enterprises d/b/a Rocha Controls Controls Instrument Service Co. FISCAL IMPACT: Estimated annual expenditures are $150,000; however, the actual spend will depend on unexpected repairs or replacement. Funding is available in, and is consistent with, the FY2021 budget approved by the Board of County Commissioners on September 17, 2020. The source of funding is the Collier County Water -Sewer District Operating Fund (408). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SAA GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action. RECOMMENDATION: To award Agreements in relation to Invitation to Bid No. 20-7750, "Instrument Calibration, Repair and Replacement Services," to Benro Enterprises, Inc. d/b/a Rocha Controls; Gossamer Bay, Inc. d/b/a Universal Controls Instrument Service Company; and TriNova, Inc., and to authorize the Chairman to sign the attached agreements. Prepared By: Frank Inzano, Manager, Wastewater Power Systems - PUD, Water -Sewer District Packet Pg. 925 16.C.3 02/09/2021 Lizabeth Johnssen, Director, Public Utilities Wastewater ATTACHMENT(S) 1.20-7750 - Bid Tabulation (PDF) 2.20-7750 - NORA (PDF) 3.20-7750 - Solicitation (PDF) 4.20-7750 - BenroEnterprises _ proposal (flat) (PDF) 5.20-7750 - BenroEnterprises_VendorSigned (PDF) 6.20-7750 - BenroEnterprises_Insurance 11-13-20 (PDF) 7. [Linked] 20-7750 - GossamerBay_proposal (PDF) 8.20-7750 - GossamerBay_VendorSigned (PDF) 9.20-7750 - GossamerBay_Insurance 1-11-21 (PDF) 10. 20-7750 - TriNova_proposal (PDF) 11. 20-7750 - TriNova VendorSigned (PDF) 12. 20-7750 - TriNova Insurance 11-4-20 (PDF) Packet Pg. 926 16.C.3 02/09/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doe ID: 14711 Item Summary: Recommendation to award Agreements in relation to Invitation to Bid ("ITB") No. 20-7750, "Instrument Calibration, Repair and Replacement Services" to Benro Enterprises, Inc., d/b/a Rocha Controls; Gossamer Bay, Inc., d/b/a Universal Controls Instrument Service Company; and TriNova, Inc. Meeting Date: 02/09/2021 Prepared by: Title: — Public Utilities Department Name: Drew Cody 01 / 12/2021 11:42 AM Submitted by: Title: Division Director - Wastewater — Wastewater Name: Beth Johnssen 01/12/2021 11:42 AM Approved By: Review: Public Utilities Operations Support Donna Deeter Additional Reviewer Public Utilities Operations Support Joseph Bellone Additional Reviewer Water Pamela Libby Additional Reviewer Wastewater Beth Johnssen Additional Reviewer Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Community & Human Services Lisa Oien Additional Reviewer Wastewater Frank Inzano Additional Reviewer Water Steve Messner Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Procurement Services Evelyn Colon Additional Reviewer Procurement Services Sandra Herrera 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 Sally Ashkar Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/12/2021 11:47 AM Completed 01/12/2021 11:58 AM Completed 01/12/2021 12:34 PM Completed 01/12/2021 12:36 PM Completed 01/12/2021 1:34 PM Completed 01/12/2021 2:00 PM Completed 01/12/2021 3:17 PM Completed 01/12/2021 3:34 PM Completed 01/12/2021 4:31 PM Completed 01/13/2021 9:43 AM Completed 01/14/2021 2:20 PM Completed 01/14/2021 3:25 PM Completed 01/15/2021 12:11 PM Completed 01/27/2021 8:12 AM Completed 01/27/2021 8:28 AM Completed 01/27/2021 8:48 AM Packet Pg. 927 Budget and Management Office County Manager's Office Board of County Commissioners Ed Finn Additional Reviewer Dan Rodriguez Level 4 County Manager Review Mary,lo Brock Meeting Pending 16.C.3 02/09/2021 Completed 02/01/2021 3:33 PM Completed 02/02/2021 7:27 AM 02/09/2021 9:00 AM Packet Pg. 928 n 16.C.3.a Solicitation #20-7750 Instrument Calibration, Repair and Replacement Services as Paa,L.ay..w. ss BID TABULATION Benro Enterprises, Inc. d/b/a Rocha Contols TriNova, Inc. Gossamer Bay, Inc. d/b/a Universal Controls Instrument Service Co. CATEGORY A: ANALYZER TEG—A: ANAi-Elt —GORY A: AN-11 Line nem t of Measure nsert unkvalue 'Quantity roul une Value nsert unit value 'Quantity Talal une value nsert unit value 'Duantky TPlal une value 1 Analyzer Each $ $ 1545000 $ $ 1"3s.00 $ -00 $ 2 Confined Space Entry Fee Each 5 $ 20000 $ NO 00 1 $ 0 $ 595 no 1 $ 3 Repair and Replacement Labor Rate - Normal Business $os 00 $ Ll 240 00 $ 12SOO Lin $ 20.000.00 $ 5 a Repair and Replacement Labor Ft- - Urgent Hour $ $ 0 $ $ 0$ 5 585000 Unit Value Prise i 0 as u Pu OnW —Dlsco Unk Value Price I0 for Esaluation Pu as on', Disco Unit Value Prise I0 as u Pu ov, Not, 5 Discount on of List Pdce for new instrument $3,000 5 o.00Nt 5 0 5 3,oeo.00 5 0 5 00 o.00%t 5 CATEGORY B: FLOW Category A Total Line Item METERS cATEGERY B- FLOW METERS m CXTEGORY B- FLOW METERS 5 m CXTEGORY B- FLOW METERS 5 Line nem Unit of Measure unit Value 'Quantity alai Line Value Unk Value 'Quantity alai Line Value unh Value 'Duantev alai Line Value 1 Flow Meters $lose $T 00 $lose $T w $lose $T 2 Confined Space Erdry Fee E.ch5 $ w 5 $ w 5 $ —00 3 Repair antl Replacemerd Labor Rate - Normal Business Hour5 $ 3,040.00 5 5 w 5 5 d Re pair and Re placement Labor Rat. - Urgent Hour5 5 no 5 5 1,Br5.w 5 5 Value Prkee U for Evaluatlan P onN oe uo Value vie ho Ulor Evaluation P 0HN �� I uo Value Plkee Ufor Ewluatlan P onN Mzee I.U. 5 Discount off of U. Pdce for new instrument $3,000 $ $ 0 $ �Uou., 5 0 5 oQVu $ CATEGORY C: LEVEL Category B Total Line Item CONTROL otal une Item —GORY O LEVELCONr3nOL 5 B Total une Item MEGORY O LEVELcou3nOL $ a3,fII5Ao ry B Total une Item MEGORY O LEVEL CONTFOL Line nem nit of Measure nurt nrt Value 'quantity eNl Line value nurt nrt Value 'quantity odl Line value nurt nrt Value 'quantity eNl Line value 1 trol Calibratlan/Revalldatlan Each $ 150.00 $ 3,450.00 $ 12S.00 $ 2,67S.00 $ L22s0 $ 2,817.50 2 Confined Space Entry Fee E-1, $ $ w 5 $ w 5 $ —00 3 Repair antl Replacement Labor Rate - Normal Business Hour $ $ w 5 $ w 5 $ Repair antl Replacement Labor Rate - Urgent Hour $ 5 w 5 187.50 5 no 5 5 Unk Value Prke Io for Evaluation P es on Insert Perce new Discount Unk Value Prke N for Enluati0n P es on Inxrtn...' a Dlswunt Unk Value Prke N for Evaluation P esa�N Insert PerceMaae Dlswunt S Dlswunt off of List Price for new instrument $3,000 5 .w o.wz 5 o $ .w o.00% 5 w 5 .w o.00N 5 Category C Total Line Item rategorye anal Line Icem categoryc anal Line Icem 5 rate3orye anal Lin.— $ CATEGORY D: Pressure Calibration Line Item nit of Measure unit Value 'ceenery Totol Liw value unit Value 'Duenely Totol Liw value unit Value 'Duenely oln—Value 1 Pressure Each $ 5 w 5 5 4,825.w 5 122.so $ 2 Coniined Space Entry Fee Each 5 2w.w1 $ w 5 $ Soo no $ 59s.w 1 $ —00 3 Repair and Repi..—M labor Rate - Normal Business H.ur 5 Sw.w on 5 w 5 $ S,ow.w $ SoS.w on $ d Repair and Replacement Labor Rate -Urgent H.ur 5 135.00 10 5 1,350.00 5 187.50 5 11B25.00 5 5 Unk Value Prke N for Evalua Pu anN Xage Dlswnt Unit Value Prke N for Enlua Pu Os onh, I.ce—P olswnt Unit Value Prke k for Evalue Pu ov, P.—P ceolswnt 5 Discount off of List Pdce for new instrument $3,000 5 5 w $ 3,000.w o.00N $ w 5 o.00N $ Category D Total U celee., D T—I Line It 5 olal Line Item $ Required Forms No lit. No W. era N,�ar mN�Gnt�a�.�mila�.ed nea/sate: tr.I,��a�a�,a�.a�mNa�ara,nePkm�,aa.:a:aa,aaa>rw r O M m 0 LO I- 0 N C d E t V R Q Packet Pg. 929 DocuSign Envelope ID: DCCAE69B-891A-428A-BCOB-DF205E78CED7 A2XN 16.C.3.b 001[iev County Administrative Services Department Procurement Services Division Notice of Recommended Award Solicitation: #20-7750 Title: Instrument Calibration, Repair and Replacement Services Due Date and Time: September 11, 2020 @ 3:00 PM Respondents: Company Name City County St Bid Award Responsive/ Responsible Benro Enterprises, Inc. Tampa Hillsborough FL Primary: Categories A,C Yes/Yes d/b/a Rocha Controls and D TriNova, Inc. Lakeland Polk FL Secondary: Categories Yes/Yes A and B Gossamer Bay, Inc. Auburndale Polk FL Primary: Category B Yes/Yes d/b/a Universal Controls Secondary: Categories C Instrument Service Co. and D Utilized Local Vendor Preference: Yes 0 No M Recommended Vendors) For Award: On August 3, 2020 Procurement Services released notices for Invitation to Bid #20-7750 Instrument Calibration, Repair and Replacement Services. Eleven Thousand thirty-six (11,036) notification were sent, sixty-five (65) vendors viewed and three (3) bids were submitted by September 11, 2020 at 3:00 PM. Staff found all three (3) bidders to be responsive and responsible with one bidder being contacted to resolve a minor irregularity due to incomplete/missing documents. Staff recommends awards as noted above and as follows: Category A: Benro Enterprises Inc. d/b/a Rocha Controls as the Primary Vendor and TriNova, Inc. as the Secondary Vendor. Category B: Gossamer Bay, Inc. d/b/a Universal Controls Instrument Service Co. as the Primary Vendor and TriNova, Inc. as the Secondary Vendor. Category C: Benro Enterprises Inc. d/b/a Rocha Controls as the Primary Vendor and Gossamer Bay, Inc. d/b/a Universal Controls Instrument Service Co. as the Secondary Vendor. Category D: Benro Enterprises Inc. d/b/a Rocha Controls as the Primary Vendor and Gossamer Bay, Inc. d/b/a Universal Controls Instrument Service Co. as the Secondary Vendor. Contract Driven M Purchase Order Driven 0 Packet Pg. 930 DocuSign Envelope ID: DCCAE69B-891A-428A-BCOB-DF205E78CED7 16.C.3.b uired Signatures Project Manager: Frank Inzano [ IYVAAK ivv7aww 1V/c/LVLV by: Procurement Strategist: Lisa Oien I C�-wa' NuA, 10/2/2020 sa�Gefimo�- Services Director: Sandra Herrera 10/4/2020 Date Notice of Recommended Award Solicitation #20-7750 Instrument Calibration, Repair and Replacement Services Packet Pg. 931 16.C.3.c Collier County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR INSTRUMENT CALIBRATION, REPAIR AND REPLACEMENT SERVICES SOLICITATION NO.: 20-7750 LISA OIEN, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8935 Lisa.Oien@colliercountyfl.gov 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. 932 16.C.3.c SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 20-7750 PROJECT TITLE: Instrument Calibration, Repair ,Replacement and Services PRE- BID MEETING: N/A LOCATION: N/A DUE DATE: September 4, 2020 n, 3:00 pm 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: https://www.bidsyne.com/bidsyne-cas INTRODUCTION As requested by the Public Utilities 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. BACKGROUND Collier County Public Utilities Department is responsible for maintaining various types of instrumentation throughout the County for Water, Wastewater and Irrigation Quality (IQ) facilities, including but not limited to, plants, booster stations, well fields, master pump and lift stations. In order to maintain the integrity and continuous operations of these various instruments, the County is soliciting vendors to provide instrument calibration (or revalidation), repairs and replacement services for planned and urgent work. Historically, County departments have spent approximately $100,000 annually; however, this may not be indicative of future buying patterns. 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 option. Prices shall remain firm for the initial term of this contract. Surcharges and/or travel expenses 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 Contractor's submittal prior to the award of the solicitation. c 0 .2 0 07 0 LO I- 0 N c m E z c� a Packet Pg. 933 16.C.3.c ➢ It is the intent of Collier County to award to the lowest, responsive and responsible Contractor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the Contractor with the lowest Total Line Item price for each Category listed below: Contractors may bid on one or multiple Categories. o CATEGORY A - Analyzers o CATEGORY B - Flow Meter o CATEGORY C - Level Control o CATEGORY D — Pressure ➢ Collier County reserves the right to select one, or more than one supplier, award on a Total Line Item per category basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: o Award a Primary and Secondary Contractor per Category ➢ The County reserves the right to issue a formal contract, standard County Purchase Order, or utilize the County Purchasing Card for the award of this solicitation. DETAILED SCOPE OF WORK This solicitation seeks to establish Contractor(s) to provide instrument calibration (or revalidation), repair and replacement services for planned and urgent work. Provided in this solicitation is a reference Instrument Manufacturer List for a list of manufacturers currently being used at the County. This list is for reference only and may change as the utility system evolves. Should the Primary fail to respond or perform per the contract requirements, the County will engage the Secondary Contractor. The County reserves the right at any time to use other contractors for the services described by requesting additional quotes or bids from other vendors (per the Board's Procurement Ordinance). The Contractor and employees shall comply with all Occupational Safety and Health Administration (OSHA) safety standards, rules and regulations, as well as all applicable Federal, State and local laws and regulations. The Contractor will supply all required safety equipment and employees who have completed a training class conforming to OSHA Confined Space Standard 29 CFR 1910.146 for performing work in confined space areas where applicable. The Contractor and employees shall keep the work site area free of debris and trash. c The County foresees utilizing the successful proposer(s) for the following services and as requested on the Bid Schedule: ° ° Line items for each category in the Bid Schedule include the following: 2 0 W • A unit price for Calibration/Revalidation c • A unit price for confined Space Entry Fee LO • Labor Rate for Normal Business Hours • Labor Rate for outside of Normal business Hours N • Discount Rate off of List Price for replacement instrument purchases m 1. Calibration/Revalidation Services z 0 2 The Contractor(s) shall be required to provide annual, biannual, monthly, weekly and as -needed instrument calibrations, to be performed Q per the manufacturer and industry specifications for the instruments that will be calibrated. The below table is provided herein as a reference and includes the quantity, category of instrument, and frequency of calibration required for the instruments. Quantities and categories are subject to change as the utility system evolves. The County will provide updated information to the Contractor as required. Packet Pg. 934 16.C.3.c Calibration Frequency - total number per Category Line Item Category Annual As Needed Monthly Quarterly Semi -Annual Weekly Grand Total 1 Analyzer 30 6 20 20 12 15 103 2 Flow Meter 27 215 32 274 3 Level Control 7 16 23 4 1pressure 13 26 39 Grand Total 77 221 20 20 86 15 439 After award is made, the Contractor shall submit its proposed calibration schedule to the County for approval. The Contractor shall ensure that a certified calibration technician performs the calibration services. The Contractor shall furnish proof of the technician's certification upon request of the County. After award is made, the Contractor will submit, example(s) of their calibration form(s) for each of the four (4) categories of instruments as listed above. Calibration forms should meet or exceed State and Local requirements for validation. The Contractor shall report any instrument performance issues immediately to the appropriate County Representative. The report shall be in writing describing the issue and digital images shall be included to support the issue (where appropriate). The Contractor shall provide within fourteen (14) calendar days after the service, a calibration certificate with each calibration to include the following information: serial number, manufacturer, location and all valid National Institute of Standards and Technology (MIST) traceable documentation concerning the measurement and test equipment used in the instrument calibration. 1.(a) Price Methodology and Invoicing for Calibration/Revalidation Calibration and Revalidation will be performed for the Unit Price as submitted on the Bid Schedule. The Unit Price for Calibration /Revalidation will be inclusive of labor, materials parts, equipment, travel and all necessary resources needed and any required certification reports. A confined space entry fee may be added in addition to the Unit Price for calibration/revalidation services, (where appropriate). Invoice shall reference Purchase Order number, Facility, instrument location, category of the instrument and unit price (as referenced on the Bid Schedule), date the calibration / revalidation was completed. 2. Repairs and Replacement Installation Services The Contractor shall provide all labor, tools, material, travel, equipment and safety items for repairing and replacing the various types of instruments, including all requirements for confined spaces (where applicable). Repair and replacement services may include, but not be limited to, field repair, removal, pick-up and delivery, replacement, disassembly, loaner equipment, inspection, condition report, failure analysis, start-up and training, calibration or revalidation with factory approved certification documentation, including all test results and the associated Inspection and Reporting as listed below. Loaner Equipment specifications must be submitted with the quote and approved in writing by the appropriate County Representative. Inspection: Inspect and test for electrical, mechanical and physical defects to the instrument equipment, support structures, conduits, grounds, electrical panels, cabinet locks, paint condition, or any other issues that may affect the reliability of the equipment. Report: Determine cause of failure and provide written reports on findings including test results and measurement. Provide written repair quote using the price structure on the Bid Schedule. The quote shall include a written recommendation with appropriate justification on whether to repair or replace the equipment to the County Representative. The Contractor shall supply the County all manufacturers documentation related to installation, maintenance, programming, instrument specifications, testing and OEM certifications as well as new calibration certificates within five (5) days after installation. Start-up and training shall be provided after the initial inspection, when requested by the County. _ 0 2 0 V) 0 LO 0 N C m E z c� a Packet Pg. 935 16.C.3.c Repairs and replacements shall be commence after receipt of an approved Purchase Order from the County. Repairs are to be completed within the time outlined below in Section 3 (Response Time) unless an appropriate County Representative approves an extension of time. The repair time extension approval must be in writing, signed and dated by the appropriate County Representative and a copy of this signed and dated approval should be submitted with the invoice. The Contractor shall install new components that meet or exceed OEM specifications, when required. Recalibrations or revalidations shall be performed, and the results provided to the County within five (5) business days after each repair or replacement. 2(a) Price Methodology and Invoicing for Repairs and Replacement Repairs and replacement work shall be quoted per the pricing structure on the Bid Schedule. Miscellaneous parts and supplies may be included on the quote. Markup for miscellaneous parts and supplies shall not exceed 15%. Copies of purchase receipts for individual items exceeding $100.00 must accompany the Contractor's invoice submitted to the County for payment. Proof of list price of the new Instrument must be provided at invoicing. The invoice shall clearly reflect the discount off of list price value of the new instruments. A confined space entry fee may be added to the quote for repairs and replacements, (where appropriate). Markup shall be limited to 10% for subcontractor fees. Subcontractor fees must be in accordance with the Bid Schedule or lower. A copy of the subcontractor quote or invoice must accompany the Contractor's invoice submitted to the County for payment. Invoice shall reference Purchase Order number, Facility, instrument location, category of the instrument (as listed on the Bid Schedule). The date of completion and whether the service was for a repair and/or replacement instrument(s). If the work was requested as an Urgent, this should be noted on the invoice. The invoice should clearly show costs as well as total hours multiplied by the hourly rate as listed on the Bid Schedule. Documentation supporting the invoice charges such as receipts / subcontractor invoices or quotes, proof of list price, County signed and dated approvals for Urgent work shall be attached to the invoice. 3. Response Time: Normal business hours: Monday - Friday, 7:00am-5:00pm, except for County observed holidays. Non -Urgent (during normal business hours) • Contractor shall respond via phone call and/or email within two (2) hours after the request from the County has been sent. • Inspection and written repair estimate/quote report shall be provided to the County within three (3) business days after the initial request from the County was sent. • Repairs shall be completed within three (3) business days after the issuance of an approved Purchase Order unless additional time is approved in writing by the requesting County Representative. Urgent (outside of normal business hours) • Awarded Contractor(s) shall provide an Urgent phone number to the County. The Contractor(s) shall update the County if this phone number should change. A representative of the Contractor(s) shall be available to return Urgent calls 24 hours per day, 365 days per year. • Contractor shall respond via phone call and/or email within thirty (30) minutes after the request from the County has been sent. • Inspection and written repair estimate report shall be provided to the County within twenty-four (24) hours after the request from the County was sent. A notation shall be made on the report clearly stating "Urgent" work. • Repairs shall be completed within twenty-four (24) hours after the issuance of an approved Purchase Order unless additional time is approved in writing by the requesting County Representative. 4. Warranty: The Contractor shall warranty all repairs / replacements performed by the Contractor, including material and workmanship, to operate within acceptable levels (as determined by the County) for a period of at least one (1) year from the date of the completed repair / replacement. Any repaired / replaced equipment by the Contractor which fails to operate accordingly for the duration of the warranty c 0 .2 0 07 0 m 0 N c am E z c� a Packet Pg. 936 16.C.3.c period shall be repaired or replaced by the Contractor without any additional cost to the County. The Contractor shall furnish, without cost to the County, all parts and labor necessary to complete a warranty repair. 5. Assignment of Work: The County will issue a Purchase Order (or blanket purchase order). No work shall be performed until the Contractor is in receipt of an approved Purchase Oder. A Purchase Order shall survive the Contract expiration to allow work to be completed. No new services will be requested after the expiration of the Contract. 6. Performance Measures: Time is of the essence with respect to all provisions within this solicitation and subsequent contract. Any delay in performance, not approved in writing by an appropriate County Representative shall constitute a material breach of the contract. VENDOR CHECKLIST ` ***Vendor should check off each item as the necessary action is completed (please see, Vendor Check List)*** The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients within the last five (5) years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using Form 5 provided in BidSync as part of the Required Forms. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. Packet Pg. 937 Collier County cow- cdu".ty Administrative Services Department Procurement Services Division Vendor Check List 16.C.3.d Solicitation 20-7750 IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items: ❑X General Bid Instructions has been acknowledged and accepted. X❑ Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. X❑ Form 1: Vendor Declaration Statement RI Form 2: Conflict of Interest Certification RI Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - httn://dos.myflorida.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. X❑ 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. rn c N/A ❑ Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Q Lee County Business Tax Receipt should be attached with your submittal to be considered. ❑ Form 5: Reference Questionnaires form must be utilized for each requested reference and included with your submittal, id N applicable to the solicitation. r N/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. X❑ Vendor W-9 Form. c� X❑ Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five p (5) days of the County's issuance of a Notice of Recommend Award. 0- 0 L ❑ The Bid Schedule has been completed and attached with your submittal, applicable to bids. Q. X❑ Copies of all requested licenses and/or certifications to complete the requirements of the project. N rn L ❑ 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. c w 0 ❑ Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. c d m 8/3/2020 2:15 PM P. 19 ***UPDATED aANu Packet Pg. 938 16.C.3.d Collier County Col 7eY County Administrative Services Department Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: Solicitation 20-7750 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 by Collier County, to accept a Purchase Order as a form of a format contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. 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, he 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 4th day of September , 2020 in the County of Hillsborough , in the State of Florida Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR It or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: T Benro Enterprises, Inc. DBA Rocha Controls 5025 West Rio Vista Avenue Tama Florida 33634 P97000016505 954 813-628-5584 Director of Operations 8/3/2020 2:15 PM p. 20 ***UPDATED JANUARY 28, 2020*** Packet Pg. 939 16.C.3.d CoMer County Additional Contact Information Solicitation 20-7750 Send payments to: (required if different from Company name used as payee above) v Contact name: m Title: c m E Address: Pb Box 20787 City, State, ZIP Tampa, Florida 33622 a lY Telephone: 813-628-5584 M L M Q (D w Email: c O Office servicing Collier County to place orders (required if different from f° above) N Contact name: O E Title: Address: r rn c 0 I- City, State, ZIP ti 0 N Telephone: Email: ti r 813/2020 2:15 PM p_ 21 ***UPDATED JANUARY 28, 2©20*** Packet Pg. 940 16.C.3.d Collier County Coi[ier County Administrative Semites Department Procurement Services Division Form 2: Conflict of Interest Certification Affidavit Solicitation 20-7750 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 bad 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 vas 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. State of Florida County of Hillsborough Theoing instr ent was acknowledged befoie me by e this day of (month),(year), by acknowledging). (Print, Type, Personally Known OR Produced Identification Type of Identification Produced ocha Controls C mpany Name Signature Mark Tyl, Director of Operations Print Name and Title presence or la online notarization, (name of person State of Florida) Handy E Bell MY CommlSrlan HH 013037 Explres 06J23r2024 Public) 8/3/2020 2:15 PM p. 22 ***UPDATED JANUARY 28, 2020*** Packet Pg. 941 1G.C.3.d « | c I 16.C.3.d I State of Florida Department of State I certify from the records of this office that BENRO ENTERPRISES, INC. is a corporation organized under the laws of the State of Florida, filed on February 17, 1997. The document number of this corporation is P97000016505. I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual report/uniform business report was filed on January 17, 2019, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. T Given under my hand and the r Great Seal of the State of Florida at Tallahassee, the Capital, this M the Twenty-seventh day of June, 2019 &W Set retary of State Tracking Number: 1490907879CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatu s/CertificateA u then ti cation Packet Pg. 943 Collier County 16.C.3.d Solicitation 20-7750 ComesY County Administrative Services Depaftent Procurement Services pimion 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://N"vw.e-verify.govD, at the time of the submission of the Vendor's proposallbid. 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 heproduced at the thne of the submission of the Pendor'sproposal/bid or iviihin five (5) day of the County's Notice ofReconuuend 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 proposallbid. State of Florida County of Hillsborough The forgoing ins ent was acknowledged be re me this day of �� (month), "✓rid%!/ (year), acknowledging). LPcrsonallY Kn=j OR Produced Identification Type of Identification Produced Rocha Controls CompanyName Signature Mark Tyl, Directo of Operations Print Name and Title by means of ) ph sical presence or ❑ online notarization, by�t-p lt`may _ _(name of person (Signa e a otary Public - State of Florida) (Print, Type, r�C6dtt>ftertofN aryPublic) Mandy t Bell issi 7j ExOresost WO2i Ot3837 a 8/3/2020 2:15 PM p. 23 Packet Pg. 944 16.C.3.d 816l2020 E-Verify: Employer Wizard - Company Information Welcome MENU Randy Bell Company Information M L_ Company Name Benro Enterprises Inc 2 Company ID Number 1382252 Doing Business As (DBA) Name U Rocha Controls DUNS Number E Physical location Q Address 1 5025 W Rio Vista Avenue N Address 2 ti __ et City Tampa State FL Zip Code 33771 County HILLSBOROUGH Mailing Address Address 1 Address 2 City State Packet Pg. 945 16.C.3.d 8/6/2020 E-Verify: Employer Wizard - Company Information Additional Information vJ Employer Identification Number 593425954 U as Total Number of Employees Cn 10 to 19 as E Perform Verifications for Your Company's Employees m Yes M as Parent Organization � c M L Organization Designation a Employer Category d None of these categories apply c View 1 Edit NAICS Code r C 335 - ELECTRICAL EQUIPMENT, APPLIANCE, AND COMPONENT MANUFACTURING View/ Edit c Total Hiring Sites 0 LO 1 View 1 Edit 0 N Total Points of Contact �. 1 c� View 1 Edit rn 0 - a 0 L View Original MOU Template W 1 �i if �.'} iW t...r C ,gym Last Login: 08/06/202010:16 AM U.5. Department of Homeland Security htips:tle-verify,uscis.gov/web/EmployerW!zard.aspx 2/3 Packet Pg. 946 Collier County 16.C.3.d Solicitation 20-7750 C ler COH-nty Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Solicitation: Reference Questionnaire for: Rocha Controls (Name of Company Requesting Reference Information) Mark T 1 (Name of Individuals Requesting Reference Information) Name: , — ))fk G,"'»> (Evaluator completing reference questionnaire) Email: fi .i," -)» °/ds§—°t—fK, —fk %o$ FAX: Company: '<§ —„ —fk, —fK , <•-K-w (Evaluator's Company completing reference) Telephone: h CE hhh 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: - °/��>»t)A j,t... fK—t<fk-> Completion Date: ae Project Budget: 03e Project Number of 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 T 8/3/2020 2:15 PM p. 26 ***UPDATED JANU Packet Pg. 947 Collier County 16.C.3.d Solicitation 20-7750 Goffler County Administrative Ser%Aces Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: Rocha Controls (Name of Company Requesting Reference Information) Mark T 1 (Name of Individuals Requesting Reference Information) Name: Frederick Hemerick (Evaluator completing reference questionnaire) Email: fred.hemerick@MyClearwater.comFAX: Company: City of Clearwater (Evaluator's Company completing reference) 727-562-4627 (#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 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: 2019 & 2020 Water Well & Inst Calibrations Project Budget: 2019 - $9,050; 2020 - $2,200 Completion Date: varies Project Number of Days: 45 Days for 2019; 20 Days for 2020 Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). /O 2 Ability to maintain project schedule (complete on -time or early). / a 3 Quality of work. /O 4 Quality of consultative advice provided on the project. /O 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) / d 7 Ability to verbally communicate and document information clearly and succinctly. / O 8 Abiltity to manage risks and unexpected project circumstances. /Q 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. /0 10 Overall comfort level with hiring the company in the future (customer satisfaction). / O TOTAL SCORE OF ALL ITEMS Q 8/3/2020 2:15 PM p. 26 Packet Pg. 948 Collier County 16.C.3.d Solicitation 20-7750 Collier COH-nty Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REOUIRED REFERENCE) Solicitation: Reference Questionnaire for: Rocha Controls (Name of Company Requesting Reference Information) Mark T 1 (Name of Individuals Requesting Reference Information) Name: , fro �fi'-% (Evaluator completing reference questionnaire) Email: 14fi'-fig %a 1)> •�) "• «> FAX: Company: » �> -<<t<§ , <••-c•»> (Evaluator's Company completing reference) Telephone: 0 O CF CE Q 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." t> <fk t >>t< -tcfi• OE -tY—frt,. - §> o>t , - Project Description: �,J(0e fii -t„ 6<»fi oe �,> & �,<»fi Completion Date: Project Budget: �fi''» § 0 fi.» fl Project Number of Days: t" -`t" 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 too 8/3/2020 2:15 PM p. 26 ***UPDATED JANU Packet Pg. 949 16.C.3.d 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. Benro Enterprises, Inc. 2 Business nameldisregarded entity name, if different from above Rocha Controls m cuP 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the Y 4 Exemptions codes apply only to P ( PP Y Y following seven boxes. certain entities, not individuals; see o- p ❑ Individual/sole proprietor or ❑ C Corporation ✓❑ S Corporation ❑ Partnership ❑ TrusVestate instructions on page 3): ai single member LLC Exempt payee code (if any) a -:2 ❑ Limited Ilablrity company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `o Note: Check the appropriate box in the line above for the lax classification of the single -member owner. Do not check Exemption from FATCA reporting +ice. LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is LLC that is disregarded from federal code (if any) a U another not the owner for U.S. tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. o ❑ Other (see instructions) ► res fa acwunls ma�nla�nedoutside the U.S. (MWU.S.)0l uj 5 Address (number, street, and apt. or suite no) See instructions. Requester's name and address (optional) n 5025 West Rio Vista Avenue 0 City, state, and ZIP code Tampa, Florida 33534 Collier Count 7 List account number(s) here (optional) 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 f 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, Eaterr. F . Forr 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 Requesterfor guidelines on whose number to enter. F—T-1 gjam uertiticatlon 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 tome); 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,yqu are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of < f CR-�'�I C/ t vl_ t ✓ �rU i�C� Here U.S. person f0 Date 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-MISO (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 (ncluding 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. 10231 X Form W-9 (Rev. 10-2018) Packet Pg. 950 16.C.3.d 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://al)l)s.fl(Ifs.com/boeexcmpt/ 2. ® Employer's Liability $ 1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury anti Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury 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 $ 500,000— Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/11ired; Automobile Included 6. ® Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Ilarborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. ,M $ Per Occurrence ❑ Aircraft Viability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $ _1,000,000_ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ 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 oil a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. Packet Pg. 951 1 ti.C.3.d 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. 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. 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 to 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. 5/8120 - 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 Vendor Signature Print Name Insurance Agency CGB Insurance Agent Name Ted Rogers Telephone Number 727-421-6328 Packet Pg. 952 16.C.3.d Bid Schedule 20-7750 Instrument Calibration, Repairsand Replacement Services Company Name: Rocha Controls (Print) The Unit Price for Calibration / Revalidation will be inclusive of labor, materials parts, equipment, travel and all necessary resources needed and any required certification reports Markup for miscellaneous parts and supplies shall not exceed 15% M arkup shall be limited to 10%for subcontractor fees Quanties are used for evaluation purposes only. CAT WRYA: ANALYZER Line Unit of Insert Unit Item Measure Value *Quantity Total Line Value Analyzer 1 Each $ 150.00 103 $ 15,450.00 Calibration / Revalidation 2 Confined Space Entry Fee Each $ 200.00 1 $ 200.00 Repair and Replacement Labor 3 Rate - Normal Business Hours Hour $ 95.00 192 $ 18,240.00 M-F, 7:00am - 5:00pm Except for county Observed Holidays Repair and Replacement Labor 4 Rate - Urgent Hour $ 135.00 30 $ 4,050.00 Outside of Normal Business Hours Unit Value Price isfor Insert Evaluation Purposesonly Percentage Discount Discount off of List Price for new 5 $ 3,000.00 0.00% $ 3,000.00 instrument purchases Category ATotal Line Item $ 40,940.00 CATEGORY B: FIDW M EI-HRS Line Unit of Insert Unit Item Measure Value Quantity Total Line Value Flow Meters 1 Each $ 150.00 274 $ 41,100.00 Calibration / Revalidation 2 Confined Space Entry Fee Each $ 200.00 1 $ 200.00 Repair and Replacement Labor 3 Rate - Normal Business Hours Hour $ 95.00 32 $ 3,040.00 M-F, 7:00am - 5:00pm Except for County Observed Holidays Repair and Replacement Labor 4 Rate - Urgent Hour $ 135.00 10 $ 1,350.00 Outside of Normal Business Hours Unit Value Price isfor Insert Evaluation Purposesonly Percentage Discount Discount off of List Price for new 5 $ 3,000.00 0.00% $ 3,000.00 instrument purchases Category BTotal Line Item $ 48,690.00 N aD d r c d E d c.� R CL O cu M a- O W C O R L CU U xn c O E L c 0 LO ti ti 0 N 0 LO r- 0 N r C O t R Q Packet Pg. 953 16.C.3.d CATEGORY O LEVEL OONTROL Line Unit of Insert Unit Item Measure Value *Quantity Total Line Value Level Control Each 150.00 23 $ 3,450.00 Calibration / Revalidation 2 Confined Space Entry Fee Each $ 200.00 1 $ 200.00 Repair and Replacement Labor 3 Rate - Normal Business Hours Hour $ 100.00 40 $ 4,000.00 M-F, 7:00am - 5:00pm Except for County Observed Holidays Repair and Replacement Labor 4 Rate - Urgent Hour $ 135.00 10 $ 1,350.00 Outside of Normal Business Hours Unit Value Price isfor Insert Evaluation Purposesonly, Percentage Discount Discount off of List Price for new 5 $ 3,000.00 0.00% $ 3,000.00 instrument purchases Category CTotal Line Item $ 12,000.00 CATEGORYD: Pressure Calibration Line Unit of Insert Unit Item Measure Value *Quantity Total Line Value Pressure 1 torch $ 150.00 39 $ 5,850.00 Calibration / Revalidation 2 Confined Space Entry Fee Each $ 200.00 1 $ 200.00 Repair and Replacement Labor 3 Rate - Normal Business Hours Hour $ 100.00 40 $ 4,000.00 M-F, 7:00am - 5:00pm Except for County Observed Holidays Repair and Replacement Labor 4 Rate - Urgent Hour $ 135.00 10 $ 1,350.00 Outside of Normal Business Hours Unit Value Price isfor Insert Evaluation Purposesonly Percentage Discount Discount off of List Price for new 5 $ 3,000.00 0.00% $ 3,000.00 instrument purchases Category D Total Line Item $ 14,400.00 Required Forms Yes/ No Form 1: Vendor Declaration Satement YES Form 2: Conflict of Interest Certification Affidavit YES Form 3: Immigration Affidavit Certification YES Form 4: Vendor Submittal - Local Vendor Preference Affidavit NO Form 5: Reference Questionnaire YES Forma: Grant Forms(f app4.a ion- Not Applicable to this bid N/A Insurance and Bonding Requirements YES E Verify YES SunBiz Page YES Vendor W-9 YES Addendum(s) YES Bid S:hedule YES N O V d C d d a (D C R L a O W C O R L U xn c O E 3 r CD LO ti ti CD N O LO r- I` O N C O E t V xC Q Packet Pg. 954 16.C.3.d W C) ow oZ ¢Z ow m� Q Z �O � W J° LL d 4-; W E m W u = O F w cn +' N w Ln Z H D W D D o W ~ e-+ w Q V N o Z N �-- Z o u N N OLn .„,, � a � 4- _ Q Z = 0 .i (R.4 %�• CN QO N N W C2, 4 `�a `WN ''= o � _ a cn � ` J ro Co LL W N 1�= �C�f1 O X Cz LL m� o U O �. M W U p u.i _ O W LU' - W L.L .. a �I�I�� i>= COm0 �i� = Q o H 0 w = fl�,c :W oaa a z U. l Q 0 Ln N N �,. a '0. V u _o m 0 i GC_ 3 4 J O 0 z z1 W X> D w E2 O LU w LU O z > Li Q m 3 O v Z cl� u o w 0- 0 W � N = O c cn N v N c � 0 H ti Packet Pg. 955 16.C.3.d If M 0 LL 70 Z . O _ c E Q u v J W 0 oG s LLI Q w v) �' v 0 N Q m D D Z Z Q. N E O L.Lci O` N (U V. 'OVi Q Co CcaOJf �HZ � LL U u LL LL 0LLJ _ � t��1' :W O W M u 0 Z H �- M U 00 H _0 C O Q U. =� 'N i ��7. :W Q It;' U) 0 +� c Q w H Q= 0Na ,W Z o< N o � Q Z H u +, I W = 0 4- U 'p O W' u � C 3 U cn JK _j a 0 cz 00 J z. J ,� X > LL. V U '� W v, O >) 0 H H > Q a� o Z H U O U) > LU W LV w a C7 G J W .� N H LLI 2 0 p� F— >� QN a 0 W H � Q ipill �y I.I jh`" " W�l Packet Pg. 956 16.C.3.d Packet Pg. 957 16.C.3.d C;011716 e'r County Administrative Services Division Purchasing ADDENDUM #1 Memorandum Email: Lisa. Oien (( )colliercountyfl.gov Telephone: 239-252-8935 Date: 8/3/2020 From: Lisa Oien, Procurement Strategist To: Interested Parties Subject: Addendum #1 -- 20-7750 Instrument Calibration, Repair and Replacement Services This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 20-7750 ITB Instrument Calibration, Repair and Replacement Services • 20-7750 -- Addendum #1 — Bid Opening Due Date inserted into the public Notice Section of the Solicitation document — Due Date September 4, 2020 0 20-7750 — ITB - Instrument Calibration 7.16.2020 (005) — removed 0 20-7750 — ITB - Instrument Calibration 8.3.2020 (006) — added 20-7750 — ITB - Instrument Calibration 7.16.2020 (005): soucl rATIC1\ VI'RI.W SOTICr. [INITIATION TO BID ill 1p\PMDE.R: Jn-77?n PROJECr TITLE: fnstrvmrnl Cahhralion. Renair.RenCx.....nl and 5en1cn PRF. 1311) XIEF.TLCC: \ -- LOCATION. \I.V DI7Y DATE: Min - PLACE OF RID OPENING:: PROCI'RPMENT SERVICES DRISIDS 3195 T.A.SI]A%1I TRAIL EA51. BLIXi C -1 NAPLES_FL 34112 - 20-7750 — ITB - Instrument Calibration 8.3.2020 (006): So1.1i-mmON PFRI.IC SoTIC 11 1\l'ITATIOSTOBID(FTD)SI-NIIILII:-.- I'HOJECTTITI.I:, Inslrvmrnt Cnlihratlon. Remlr.Ren]aremmtanJ Srn icn PRF-RFO \1EF.TINC.: - LOCATION: NIA .. r trnth"i. IDlO_d 3:110 nm aCI. DATL_ PLACL OF DID OPENING: PROCUREMEN-r'F.(\'R�P"DJAISION 11195 TAMU_NII TRAIL EAST. BLDG C-' NAMES FL 34111 Please acknowiedg c ipt of this Addendum and include with your bid. (Signature) Date Wod—i-c- (Name of Firm) If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F-Template -- Addendum -rev 10-18-I8 Packet Pg. 958 16.C.3.d CoMer County i` Administrative Services Division Purchasing ADDENDUM #2 Memorandum Email: Lisa.Oien@colliercountvfl.gov Telephone: 239-252-8935 Date: 8/25/2020 From: Lisa Oien, Procurement Strategist To: Interested Parties Subject: Addendum #2 — 20-7750 Instrument Calibration, Repair and Replacement Services This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 20-7750 ITB Instrument Calibration, Repair and Replacement Services • 20-7750 —Addendum #2 —Vendor Checklist section added in Solicitation which includes a request for reference forms (The Vendor checklist is an attachment in BidSync named - 1. Required Forms Revised 060720.docx) 0 20-7750 — ITB - Instrument Calibration 8.3,2020 (006) -- Removed 0 20-7750 — ITB - Instrument Calibration 8.25.2020 — Added VExDORCHECRLjST -Vendor should ch", off eachitemas the —e,—y.11-is—pleled(please see,Vendor Check Lis)•ra The County r equµta Ihnl the ywor submits no Irxer than Ihree (}) and on mart than ten (ID) tampleled rtfereore (onus fnnl rllents.virhlo thelasl nve(s)pearssshoseproJeris areofa slmllaroaluretoth4sa11tllalloa aim psrtoflhedrproposnl. Penrfde infom+ation on the projects romple[ed by the vendor thsl best sepsescnL pmjec[s of similar sirs, cope and vamp!—y of this project using Fom+ 5 paocidM Ln A[d5)nc ns pall of the Required Fomte. Vendors o[ay include psn (2) additional pagrs f exh psojm to illustrate aspens of the completed project this provides the infomiarion to assess the experience of the Proposer on relevant prni -I nark. • 20-7750 — Addendum #2 — Replace Bid Schedule o Bid Schedule now includes a required forms list at the bottom o 20-7750 - Bid Schedule 7.30.2020 - Removed a 20-7750 — Bid Schedule 8.25.2020 - Added Required Forms Yes/No sun eveMer ocusieocn s+a[eneni F[ l: Fe0,1[ 0rgerest ren4-6en Alf i dan[ rein 3: 1 =rand Are�EA rerc�T�ra[ cn Fc.n -. Vend, c.,eUei -Creel vera_a SreeuerAe AN�aa �:[ Fem 5. Rereren:e C•sesticnna'.ra av-si-EyrF[µ—�.tyFi+.[q[-PV-ri>[FTO�'[dL'e i0 V•�t 0'd - ani Fu.alnr Req�-ee-•nos snn�r role L'ergp W-9 R]SeM•s'[s] eye ssneas�e Please acknowledge receipt of this Addendum and include with your bid. 1ZQZ6 �Jlb'IIQhUf C) Date AcDc-"w Cy LS (Name of Firm) Appendix F-Template —Addendum-rev 10-18-18 Packet Pg. 959 16.C.3.d Co e'r County Administrative Services Division Purchasing ADDENDUM #3 Memorandum Email: Lisa. Oien@colliercountyfLgov Telephone: 239-252-8935 Date: 8/25/2020 From: Lisa Oien, Procurement Strategist To: Interested Parties Subject: Addendum #3 — 20-7750 Instrument Calibration, Repair and Replacement Services This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 20-7750 ITB Instrument Calibration, Repair and Replacement Services 20-7750 — Addendum #3 — Prior Bid/Contract for this solicitation o Addendum #3 — RFQ and Bid Tab Annual and Semi -Annual Meter Calibration — addresses questions #2 in BidSync. Please acknowledge receipt of this Addendum and include with your bid. (Signature) (Name of Firm) Date If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix r-Template —Addendum-rev 10-18-18 Packet Pg. 960 16.C.3.d Collier County Adi-ninlstrative Servioes Division Purchasing ADDENDUM #4 Memorandum Date: 8/27/2020 Email: Lisa.Dien@colliercountyfl.goov Telephone: 239-252-8935 From: Lisa Oien, Procurement Strategist To: Interested Parties Subject: Addendum #4 — 20-7750 Instrument Calibration, Repair and Replacement Services This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 20-7750 ITI3 Instrument Calibration, Repair and Replacement Services • 20-7750 — Addendum #4 — Price methodology and invoicing for Repairs and Replacement - the price exceeding limits for purchase receipts for parts and supplies is reduced. o 20-7750 - ITB — Instrument Calibrations 8/25/2020 Removed o 20-7750 - ITB — Instrument Calibrations 8/27/2020 Added 2(a) Price Methodology and Invoicing for Repairs and Replacement Repairs and replacement work shall be quoted per the pricing structure on the Bid Schedule, Miscellaneous parts and supplies may be included on the quote. Markup for miscellaneous parts and supplies shall not exceed 15%. Copies of purchase receipts for individual items exceeding $500.00 $100.00 must accompany the Contractor's invoice submitted to the County for payment. Proof of list price of the new Instrument must be provided at invoicing. The invoice shall clearly reflect the discount off of list price value of the new instruments. Please acknowledge receipt of this Addendum and include with your bid. (Signature) (Name of Firm) (?�10 zJ Date If you require additional information, please post a question on Bid Sync on-line or contact me using the above contact information. Appendix F-Template - Addendum -rev 10-18-18 Packet Pg. 961 16.C.3.e FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 20-7750 for Instrument Calibration, Repair and Replacement Services THIS AGREEMENT, made and entered into on this day of 2020 , by and between Benro Enterprises, Inc. DBA Rocha Controls , authorized to do business in the State of Florida, whose business address is 5025 West Rio Vista Avenue, Tampa, FL 33634 (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 ❑m 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 Q 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 N 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 r- and eighty (180) days. The County Manager, or his designee, shall give the Contractor in written notice of the County's intention to extend the Agreement term prior to the end of o the Agreement term then in effect. th 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ Notice -to -Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Req-uept—for—Proposek((,RFP-} X Invitation to Bid (ITB) ❑ # 20-7750 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. F* 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. 962 16.C.3.e 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 3 ❑ The-procedure-for-Gbtaining-Wor* under -this --Agree rent--is-outlined-i-n ❑ Other E-xftltlArtt�achmen#:-m -- _ _.�. --,— ---- 3:4 ❑ The--Cou-nt-y-reserve- the-r-ig-ht to-specify-ire-each-Reque-st for Quotations-t-he-period of -completion---coliectionmof-4iquidated-damages- ire-the-event-of--is€e-compl--b n nd-Ahe Price-14,4ethodalogy selected-uinA -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): 0 N Li:m-pQume-(Fix,ed-Price-) #irm-fi, ed--total-price--off-ring--far-a--project the--ricks-are transf,err--d-from-the--Gouit- to- the-contraotoF:,,-and ras-aJ-busine6"raet ce--there---are-r4G hourla,�---or�teriaa�4nveice�-4pre�ent-d;--rather;�the�ccntr-aator� mint-�perfart�-�to�he v catsfaction--of,theWCounty',pr-oject-man-ages be#or- payment --for- th--fixed-price ontr-aot is -authorized: aD r_ a1 0 Time and Materials: The County agrees to pay the contractor for the amount of labor i -0 time spent by the contractor's employees and subcontractors to perform the work (number r_ of hours times hourly rate), and for materials and equipment used in the project (cost of >1 materials plus the contractor's markup). This methodology is generally used in projects in N which it is not possible to accurately estimate the size of the project, or when it is expected L 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 w of hours worked and billing rate by position (and not company (or subcontractor) o timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 00 F Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, LO r-_ 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.). 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) Packet Pg. 963 16.C.3.e 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-A ❑ (-ehe-ck---if--applicable} Travel--ar.d-P?s:m-bear-sable_--F penees: Travet--an-d Reimbur-sable-E pen-se-s--u-t--be-approvred--in-advance-in-writing-by---the-Coonty.-Tf-avel expenees-shotkbe-reim-bursed-as- per ection-1-1-2:06--1,Fla._Sters: Reirnbu rsernen-tz-shall be-at-thew-foito.^,ing-rates Mile -age $0 4.5- er mi-le Breakfast $6700 Lunch V11-00 Dinrner $1-9:00 Airfare Actual-tioket-cost-I im ited- to -tourist -or--coach olas-s-fare Rental -ear Actual—rwntal--cost -limited--to—GOmpaot--or- otandar"izze-ve h i el e-s Lodging Actuekoopt-of-lodging-atingle-000upenoy-rate with-a-oa--off-nowre-t-h-an--$1-60-:40 er-ni Rarkin g, Actua,l�Gost-ofparkving. Ta`xr"or--Air-' ort-Limousine AActu'al coot -of either-taxi-or-a'+r-ort4mou'sine f'-eimbur-sable-items--other-t-han�tfavel.expenses-chill-be 1-united-t-o-the-following;: ielepbone long-distance-char-ges; fax -charges,-photocopying-chargec--arnd-pootage----Reimburs-able items_-g ill--beepaid-onlly�-after- -Contraetor-has--provided-all-reoeipts---r,ontra-ctw-shall-be responsible, -for -all-other coon and--e-xpenoes-ussociated-\mith---activitie,and--sodtoitatiano undertak en--pure-uanttto-thio--Afire meat: 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. 964 16.C.3.e Company Name: Benro Enterprises, Inc. DBA Rocha Controls Address: 5025 West Rio Vista Avenue Tampa, FL 33634 Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Mark Tyl, Director of Operations 813-628-5584 Mtyl(a)rochacontrols.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: Beth Johnssen Division Name: Wastewater Division Address: 4370 Mercantile Ave Naples, FL 34112 Administrative Agent/PM: Frank Inzano, Manager Telephone: 239-252-2597 E-Mail(s): Frank Inzano colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon N 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 a_ agent of the County. in 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 Tenn Service Multi -Contractor Agreement 2017.008 (Ver.I ) Packet Pg. 965 16.C.3.e 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. 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. FE-1 Business Auto Liability: Coverage shall have minimum limits of $ 500,000 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. ❑W 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. 966 16.C.3.e D. 0 Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. ,E- ❑ Oybe.r-Ltabilaittt--Coverage-shall-have-min imum-!unity-of $--- per claim; F: ❑ : Coverage -shall_ -!nave -min r-ut -limits of_$ per el airy: 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 y 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 LO 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. N 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. 967 16.C.3.e 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 Wastewater 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), R Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFP/ 0 ITB/❑ Other -- # 20-7750 including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes --,and ❑ Other-1=xhabit/Attaohment- --- 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. 968 16.C.3.e 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 r service. 2. Upon request from the public agency's custodian of public records, provide the o 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 N 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. c 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 o 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 U' confidential and exempt from public records disclosure requirements. If the N 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 o 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. m 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. 969 16.C.3.e 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. ❑E 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 a_ materials, and shall leave the Project site clean. y 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. 970 16.C.3.e 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 c 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 0 Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any (D manner that will endanger the structure, nor shall Contractor subject any part of the U)' Work or adjacent property to stresses or pressures that will endanger it. N 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 r Contractor is legally liable, disturbs the County's benchmarks, Contractor shall o 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. m 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 Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 971 16.C.3.e 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 E 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 y 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 LO 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 N 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. c a1 33. VENUE. Any suit or action brought by either party to this Agreement against the other T party relating to or arising out of this Agreement must be brought in the appropriate federal -°a or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. �1 34. ❑ KE--Y-PFRSONN€-L T-Tkae--Contractor's per-sonnet--and-rnunagem-ent to-be--utilized-for this-project-shall-be-k- owledgeable-in,thei�- areas -of -expertise- The-County-.reserve-s-the rigl-it-to-per-forim-investigations_-as--may-,be-deem-d-necessaryo Ao-en-srure--that-Gor- petent per, on.y-will-be-,uti 4izedmmi n-the--per-farrrra nce-o-f-the-,A,g r-ee m ent.--T h e--Contra ctor-skull-ays ig-n as-matey-people®as-neceseary-Go�rrplete-the-services-on-a-timely- bases~,--and-e-aoIh-person a-ssigned--shall-be--available--for-an-amount-of time -adequate -to -meet the--required-se vioe dates .The -Contractor ,hall-not-oh-ange-k��y-Personnel-anless-the-following-renditions-are met: µ(4-)-Pr-oposed-reptacementc,-hav-e-subst�antially-.the- ,,ame--or-better alifica-tions and/er-ex-perience:--(2) tbat-the--C-ounty-is notified--inwriting-as. far in-adv-ance--aas"-possible: Tthe-Contra-ctorwshall--make-commercially-reasonable-ef-ortcto-notify---Collie-County within seven-(7)-days-ofth-change.--T-he-Count-reteianv--final--appravalx-of proposed -replacement personnel: Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 972 16.C.3.e ❑E 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. ❑ ORDER OF-PRE-CE-D€NCE (Grant Funded}. —In -the -event of-af-y-conflict-between-or among4he-ternr,ofany-of the-Contr-act-Doc-ume-nt and/or -the --County s-Boa-rd appro�,ed Ex-,cutive-&umma-y-th�terma -of-the-Agreem-entshall-t-ak-e-precederace-ever-ihe-terms-of all-otlper-�Cnt-ract-Documents-rexcept-the-terra"f-any-S-upplemental-Conditior�,,,ch-afl take precedence- over the-Agreement—ToYthe -extent an-%y- confltct-in-the -terms-of-tCeptr-act Documentc--canraot-be®resolved-Wby' application--o# theYSupplementaln-Conditions if -any, --or the--Ag-reement--- he-conflct--shall-be-resolved-by-imposing-- the- r-r-yore strict--or---costly obligation -under t-he--Con-tract-Documents-upon-the-Contractor-at--County's-,diocretlon-. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without 40 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 N 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. 973 16.C.3.e 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 Term Service Multi -Contractor Agreement 2017.008 (Ver.1) e-1111 Packet Pg. 974 16.C.3.e 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 la (SEAL) Dated: Contractor's Witnesses: Contractor's First Witness TTypelprint witness n'ameT co"ritractorl Second Witness TTypelprint witness nameT Approved as to Form and Legality: County Attorney Print Name A Burt L. Saunders , Chairman Benro Enterprises, Inc. Contractor Rocha Controls DBA By: Signature TTypelprint signature and title ti Page 14 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.1) (r4o Packet Pg. 975 16.C.3.e Exhibit A Scope of Services *following this page (pages 1 through 4 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) t 1 Packet Pg. 976 16.C.3.e ITB# 20-7750 Instrument Calibration, Repair and Replacement Services EXHIBIT A -SCOPE OF SERVICES This Contract seeks to establish Contractor(s) to provide instrument calibration (or revalidation), repair and replacement services for planned and urgent work. This contract is awarded on a Primary/Secondary basis per category basis. Should the Primary Contractor fail to respond or perform per the contract requirements, the County will engage the Secondary Contractor. The County reserves the right at any time to use other contractors for the services described by requesting additional quotes or bids from other vendors (per the Board's Procurement Ordinance). The Contactor and employees shall comply with all Occupational Safety and Health Administration (OSHA) safety standards, rules and regulations, as well as all applicable Federal, State and local laws and regulations. The Contractor will supply all required safety equipment and employees who have completed a training class conforming to OSHA Confined Space Standard 29 CFR 1910.146 for performing work in confined space areas where applicable. The Contactor and employees shall keep the work site area free of debris and trash. Line items for each category include the following: • A unit price for Calibration/Revalidation • A unit price for confined Space Entry Fee • Labor Rate for Normal Business Hours • Labor Rate for outside of Normal business Hours • Discount Rate off of List Price for replacement instrument purchases 1. Calibration/Revalidation Services The Contractor(s) shall be required to provide annual, biannual, monthly, weekly and as -needed instrument calibrations, to be performed per the manufacturer and industry specifications for the instruments that will be calibrated. The below table is provided herein as a reference and includes the quantity, category of instrument, and frequency of calibration required for the instruments. Quantities and categories are subject to change as the utility system evolves. The County will provide updated information to the Contractor as required. Calibration Frequency - total number per Category Line Item Category Annual As Needed Monthly Quarterly Semi -Annual Weekly Grand Total 1 Analyzer 30 6 20 20 12 15 103 2 Flow Meter 27 215 32 274 3 Level Control 7 16 23 4 Pressure 1 13 1 26 39 Grand Total 1 77 1 221 20 20 86 15 439 The Contractor shall submit its proposed calibration schedule to the County for approval. The Contractor shall ensure that a certified calibration technician performs the calibration services. The Contractor shall furnish proof of the technician's certification upon request of the County. Pagel of 4 Exhibit A -Scope of Services Packet Pg. 977 16.C.3.e The Contractor will submit, example(s) of their calibration form(s) for each of the four (4) categories of instruments as listed above. Calibration forms should meet or exceed State and Local requirements for validation. The Contractor shall report any instrument performance issues immediately to the appropriate County Representative. The report shall be in writing describing the issue and digital images shall be included to support the issue (where appropriate). The Contractor shall provide within fourteen (14) calendar days after the service, a calibration certificate with each calibration to include the following information: serial number, manufacturer, location and all valid National Institute of Standards and Technology (MIST) traceable documentation concerning the measurement and test equipment used in the instrument calibration. L(a) Price Methodology and Invoicing for Calibration/Revalidation Calibration and Revalidation will be performed for the Unit Price as listed on Exhibit B Fee Schedule. The Unit Price for Calibration /Revalidation will be inclusive of labor, materials parts, equipment, travel and all necessary resources needed and any required certification reports. A confined space entry fee may be added in addition to the Unit Price for calibration/revalidation services, (where appropriate). Invoice shall reference Purchase Order number, Facility, instrument location, category of the instrument and unit price (as referenced on Exhibit B- Fee Schedule), date the calibration / revalidation was completed. 2. Repairs and Replacement Installation Services The Contractor shall provide all labor, tools, material, travel, equipment and safety items for repairing and replacing the various types of instruments, including all requirements for confined spaces (where applicable). Repair and replacement services may include, but not be limited to, field repair, removal, pick-up and delivery, replacement, disassembly, loaner equipment, inspection, condition report, failure analysis, start-up and training, calibration or revalidation with factory approved certification documentation, including all test results and the associated Inspection and Reporting as listed below. Loaner Equipment specifications must be submitted with the quote and approved in writing by the appropriate County Representative. Inspection: Inspect and test for electrical, mechanical and physical defects to the instrument equipment, support structures, conduits, grounds, electrical panels, cabinet locks, paint condition, or any other issues that may affect the reliability of the equipment. Report: Determine cause of failure and provide written reports on findings including test results and measurement. Provide written repair quote using the price structure on the Bid Schedule. The quote shall include a written recommendation with appropriate justification on whether to repair or replace the equipment to the County Representative. The Contractor shall supply the County all manufacturers documentation related to installation, maintenance, programming, instrument specifications, testing and OEM certifications as well as new calibration certificates within five (5) days after installation. Start-up and training shall be provided after the initial inspection, when requested by the County. Repairs and replacements shall be commence after receipt of an approved Purchase Order from the County. Repairs are to be completed within the time outlined below in Section 3 (Response Time) unless an appropriate County Representative approves an extension of time. The repair time extension approval must be in writing, signed and dated by the appropriate County Representative and a copy of this signed and dated approval should be submitted with the invoice. The Contractor shall install new components that meet or exceed OEM specifications, when required. Recalibrations or revalidations shall be performed, and the results provided to the County within five (5) business days after each repair or replacement. Page 2 of 4 Exhibit A -Scope of Services Packet Pg. 978 16.C.3.e 2(a) Price Methodology and Invoicing for Repairs and Replacement Repairs and replacement work shall be quoted per the pricing structure on the Bid Schedule. Miscellaneous parts and supplies may be included on the quote. Markup for miscellaneous parts and supplies shall not exceed 15%. Copies of purchase receipts for individual items exceeding $100.00 must accompany the Contractor's invoice submitted to the County for payment. Proof of list price of the new Instrument must be provided at invoicing. The invoice shall clearly reflect the discount off of list price value of the new instruments. A confined space entry fee may be added to the quote for repairs and replacements, (where appropriate). Markup shall be limited to 10% for subcontractor fees. Subcontractor fees must be in accordance with the Bid Schedule or lower. A copy of the subcontractor quote or invoice must accompany the Contractor's invoice submitted to the County for payment. Invoice shall reference Purchase Order number, Facility, instrument location, category of the instrument (as listed on the Bid Schedule). The date of completion and whether the service was for a repair and/or replacement instrument(s). If the work was requested as an Urgent, this should be noted on the invoice. The invoice should clearly show costs as well as total hours multiplied by the hourly rate as listed on Exhibit B- Fee Schedule of this Agreement. Documentation supporting the invoice charges such as receipts / subcontractor invoices or quotes, proof of list price, County signed and dated approvals for Urgent work shall be attached to the invoice. 3. Response Time: Normal business hours: Monday - Friday, 7:OOam-5:OOpm, except for County observed holidays. Non -Urgent (during normal business hours) • Contractor shall respond via phone call and/or email within two (2) hours after the request from the County has been sent. Inspection and written repair estimate/quote report shall be provided to the County within three (3) business days after the initial request ftom the County was sent. Repairs shall be completed within three (3) business days after the issuance of an approved Purchase Order unless additional time is approved in writing by the requesting County Representative. Urgent (outside of normal business hours) • The Contractor(s) shall provide an Urgent phone number to the County. The Contractor(s) shall update the County if this phone number should change. A representative of the Contractor(s) shall be available to return Urgent calls 24 hours per day, 365 days per year. • Contractor shall respond via phone call and/or email within thirty (30) minutes after the request from the County has been sent. • Inspection and written repair estimate report shall be provided to the County within twenty-four (24) hours after the request fi•om the County was sent. A notation shall be made on the report clearly stating "Urgent" work. • Repairs shall be completed within twenty-four (24) hours after the issuance of an approved Purchase Order unless additional time is approved in writing by the requesting County Representative. 4. Warranty: The Contractor shall warranty all repairs / replacements performed by the Contractor, including material and workmanship, to operate within acceptable levels (as determined by the County) for a period of at least one (1) year from the date of the completed repair / replacement. Any repaired / replaced equipment by the Contractor which fails to operate accordingly for the duration of the warranty period shall be repaired or replaced by the Contractor without any additional cost to the County. The Contractor shall furnish, without cost to the County, all parts and labor necessary to complete a warranty repair. Page 3 of 4 Exhibit A -Scope of Services Packet Pg. 979 16.C.3.e 5. Assiiinment of Work: The County will issue a Purchase Order (or blanket purchase order). No work shall be performed until the Contractor is in receipt of an approved Purchase Oder, A Purchase Order shall survive the Contract expiration to allow work to be completed. No new services will be requested after the expiration of the Contract. 6. Performance Measures: Time is of the essence. Any delay in performance, not approved in writing by an appropriate County Representative shall constitute a material breach of the contract. Page 4 of 4 Exhibit A -Scope of Services �v Packet Pg. 980 16.C.3.e Exhibit B Fee Schedule following this page (pages 1 through Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l) y Packet Pg. 981 16.C.3.e ITB# 20-7750 INSTRUMENT CALIBRATION, REPAIR AND REPLACEMENT SERVICES EXHIBIT B-FEE SCHEDULE BENRO ENTERPRISES, INC. DBA ROCHA CONTROLS Contractor will serve as Primary Contractor to Categories A, C, and D CATEGORY A: ANALYZER reTornnv e• eNew�cu Line Item Unit Price 1 Analyzer $ 150.00 2 Confined Space Entry Fee $ 200.00 Line Item Time & Material Rate 3 lRepair and Replacement Labor Rate - Normal Business Hours $ 95.00 4 Repair and Replacement Labor Rate -Urgent $ 135.00 5 Discount off of List Price for new instrument purchases N/A := CATEGORY B: FLOW METERS Not Awarded CATEGORY C: LEVEL CONTROL CATEGORY C: LEVEL CONTROL Line Item Unit Price 1 Level Control $ 150.00 2 Confined Space Entry Fee $ 200.00 Line Item Time Material Rate 3 Repair and Replacement Labor Rate - Normal Business Hours $ 100.00 4 Repair and Replacement Labor Rate - Urgent $ 135.00 5 Discount off of List Price for new instrument purchases N/A CATEGORY D: Pressure Calibration CATEGORY D: PRESSURE CALIBRATION Line Item Unit Price 1 Pressure $ 150.00 2 lConflned Space Entry Fee $ 200.00 Line Item Time & Material Rate 3 Repair and Replacement Labor Rate - Normal Business Hours $ 100.00 4 Repair and Replacement Labor Rate - Urgent $ 135.00 5 Discount off of List Price for new instrument purchases N/A Unit Price for calibration/revalidation will be inclusive of labor, materials parts, equipment, travel and all necessary resources needed and any required certification reports Markup for Subcontractor fees 1 10% Markup for miscellaneous parts and supplies 1 15% Packet Pg. 982 16.C.3.e Other Exhibit/Attachment Description: ❑ following this page (pages through ) F■ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l ) Packet Pg. 983 o CERTIFICATE OF LIABILITY INSURANCE 16.C.3.f DATE (I 11 /13/2020 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 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 CONTACT Amanda Yoder -Carr NAME: CGB Insurance, LLC aIPNNo Ext • (813) 749-7948 ac No (813) 200-2120 2531 Green Forest Lane E-MAIL amanda@cgbinsurance.com ADDRESS: #101 INSURER(S) AFFORDING COVERAGE NAIC # Lutz FL 33558 INSURERA: Depositors Insurance Co 42587 INSURED INSURER B : Allied Property and Casualty Ins Company 59660 Benro Enterprises, Inc, DBA: Rocha Controls INSURER C : FCCI Commercial Insurance Company 33472 PO BOX 20787 INSURER D : Lloyds of London INSURER E : Tampa FL 33622 INSURER F : COVERAGES CERTIFICATE NUMBER: 2020-2021 Master 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 INSURANCEADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE �X OCCUR DAMAGE TO PREM SES Ea oRENTED cE ante $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 A Y ACP GLDO 3066483761 03/07/2020 03/07/2021 LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO ❑ LOC JECT: MOTHER PRODUCTS-COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS ACP BAPD 3066483761 03/07/2020 03/07/2021 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED HNON-OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 B EXCESS LAB CLAIMS -MADE ACP CAP 3066483761 03/07/2020 03/07/2021 DED I X1 RETENTION $ 0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE Y OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A 001-WC20A-72107 03/07/2020 03/07/2021 PER STATUTE ERH X1 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 $ D Professional Liability Claims Made Policy AE202775 06/17/2020 06/17/2021 Limit of Liability 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County Board of County Commissioners is included in the automatic additional insured endorsement that provides coverage to entities as an Additional Insured when there is a written contract in place that requires this. 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, 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 Packet Pg. 984 Coder County Administrative services Department Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted elec conically through BidSync. Vendor should checkoff each of the following items: General Bid Instructions has been acknowledged and accepted. 9 Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Form 1: Vendor Declaration Statement M Form 2: Conflict of Interest Certification Proof of status from Division of Corporations - Florida Department of State (if work performed in the State) - hU://ios.jyiyflorida.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 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 anplicable, 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 requested reference and included with our submittal, id applicable to the solicitation, y tta 1 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with r submittal. All forms must be executed, or you MAY be DEEMED NUN -RESPONSIVE. �r Vendor W-9 Form. Jay Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance P q certificate(s)within five (5) days of the County's issuance of a Notice of Recommend Award. e Bid Schedule has been completed and attached with your submittal, applicable to bids. Copies of ail 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. E*W 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. Corr County Administrative Services Department Procurement Senoras fli�isian 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 by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. 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 W TNESS WHEREOF, WE have erqu to subscribed our names on this�L day of 2(�n the County of in the State of Firm's Legal Name: Gossamer Bay, Inc. DBA Universal Controls Instrument Service Co. Address: 1906 Lake Ariana Blvd. City, State, Zip Code: Auburndale, F133823 Florida Certificate of #P99000077463 Authority Document Number Federal Tax 593653944 Identification Number *CCR 4 or CAGE Code NIA *Only if Grant Funded Telephone: 863-965-2053 Email: Signature by: (Typed and written) Title: Sharon O. Forrester President Additional Contact Information Send payments to. - '} (required if different from Company name used as payee above) Contact name: Sharon O. Forrester Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Co wer Compity Administrative Services Department Pr=trement Sapmes ❑i,Rsion 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 affiIiated 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. Gossamer Bay, Inc.DBA Universal Controls Instrument Ser p y Name Signature State of County of lk The pregOing instrument was acknowledged before me by of (month), z20,230 (year), by (Eer:sona:lly��ow�dR Produced Identification Type of Identification Produced Sharon 0. Forrester, President Print Name and Title of ys' al presence or ❑ online notarization, this 3 / day (na fperso owled ing). nature of Notary Pu - t ida) (Print, Type, or ublic) NaWY Pubk Stift of Rol Qpmv Tam Opler CWM*6iQn GO OW282 1 �3�4i3 8/18/2020 Detail by Entity Name DIVISION OF CORPORATIONS DQ s n 5 1 Division orp Q[jj/ 59=11-990-rd-5 1 Search y Eby Name 1 Detail by Entity Name Florida Profit Corporation GOSSAMER BAY, iNC. Eftginfarmation Document Number P99000077463 FEIIEIN Number 59-3653944 Date Filed 08/30/1999 Effective Date 08/2611999 State FL Status ACTIVE ElinrdWgAdAineas- 1906 LAKE ARIANA BLVD AUBURNDALE, FL 33823 Changed: 02/22/2010 -Miading-Mir s 1906 LAKE ARIANA BLVD AUBURNDALE, FL 33823 Changed: 02/22/2010 Rig ter Agftftt Name & Address FORRESTER, SHARON ❑ 1906 LAKE ARIANA BLVD. AUBURNDALE, FL 33823 Name Changed: 02/22/2010 Address Changed: 02/22/2010 9-fticer/Director Detail Name & Address Title PD FORRESTER,SHARON ❑ 1906 LAKE ARANA BLVD AUBURNDALE, FL 33823 Anmu- e - its search.sunbiz.org/Inquiry/Corpo ration Search/Sea rchRes ultDetail?inquirytype=EntitvName&direr.FinnT-,,o=lnir[elA.—,...4xI-...__r,—___.,---...___ __ . i 2020 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P99000077463 Entity Name: GOSSAMER BAY, INC. Current Principal Place of Business: 1906 LAKE ARIANA BLVD AUBURNDALE, FL 33823 Current Mailing Address: 1906 LAKE ARIANA BLVD AUBURNDALE, FL 33823 FEl Number: 59-3653944 Name and Address of Current Registered Agent: FORRESTER,SHARON O 1906 LAKE ARIANA BLVD, AUBURNDALE, FL 33823 US FILED Jan 16, 2020 Secretary of State 0806338697CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered ofce or registered agent or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent OfficertDi rector Detail Title PD Name FORRESTER,SHARON 0 Address 1906 LAKE ARANA BLVD City -State -Zip: AUBURNDALE FL 33823 Date I hereby certify that the informalion indicated on this report orsupplemenfal report is true and accurate and that my alecfronic signature shag have the same legal effect as if made under oath; that l am an offer ordirecfor of the corporation or the receiver or frWOO empowered to execute this report as requred by Chapter 80T, FfarMa Statutes; and thetas name appears above, or on an aftachmenf with all other like empowered. SIGNATURE: SHARON FORRESTER PRESIDENT 01/16/2020 Electronic Signature of Signing Officer/Director Detail Date Sharon Forrester From: enrollment@uscis.dhs.gov Sent: Thursday, August 27, 2020 5:31 PM To: Sharon Forrester Subject: Welcome to E-Verify — Your E-Verify Enrollment Confirmation Welcome to E-Verify. You have successfully enrolled your company in the program. Here is your login information: Your program administrator ID: Your temporary password: There are still a few things you need to d❑ before you can begin using E-Verify. Just follow the steps below to get started: 1. Go to the E-Verify website at https://e-verify.uscis.gov/web/. You'll visit this website every time you login to E-Verify to verify your employees. We recommend you 'bookmark' or save this website as a'favorite' so you'll have easy access to it in the future. 2. Log in to E-Verify using the user ID and temporary password listed above. Once you log in, you'll be required to change your password. Your new password must meet our password security standards (we'll tell you more about this when you change your password). 3. Create your password challenge questions. This is really important because if you ever forget your password, you can answer the password challenge questions you created and reset your password without having to contact us. 4. Take the E-Verify online tutorial. Though we've put a lot of effort into making E-Verify easy to use, work eligibility and immigration are complicated subjects. The required online tutorial will teach you how to use E-Verify and what you need to do to follow the rules of the program. You don't have to take the entire tutorial at one time, but you will have to complete it and pass the knowledge test before you can begin using E-Verify. You can access the tutorial from the E-Verify home page after you've logged in. 5. Register additional users (if necessary). After you've completed the tutorial and have passed the knowledge test, you can register additional users by clicking on the 'Add New User' link on the left menu of the E-Verify home page. When you register a new user, you can choose between program administrator and general user access. Anyone with program administrator access can add, delete, modify and reset the passwords of other program administrator and general user accounts. SHARING USER IDS AND PASSWORDS IS NOT ALLOWED so if you have additional people who will use E-Verify, you must register them with their own user IDs and passwords. You're ultimately responsible for any activity associated with your user ID so don't share your password with anyone —and that includes us. (If you ever contact our help desk, we'll never ask for your password either.) Need Help? If you need help using E-Verify or you have questions about E-Verify policies, we're here for you. We're also always looking for ways to improve E-Verify so please tell us how we can make E-Verify work better for you. You can reach us by phone at 888-464-4218 or by e-mail at E-Verify@uscis.dhs.gov. E-Verify Customer Support is available Monday through Friday from 8 a.m. to 5 p.m. local time except on federal holidays. (Don't reply to this e-mail because these a -mails are sent automatically and replies won't reach a live person.) We're excited that you've joined E-Verify and we're committed to helping your company ensure a legal workforce. Regards, The E-Verify Team Co l 7 County Administrative Services Department Proeureinent 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 aMs:llwww.e-verify_.gov/), at the time of the submission of the Vendor's proposalfbid. 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 AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAIJBID 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 & 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. Gossamer Bay Inc. DBA Universal on I ument Service Co pay e LJ Si ture State of 47 County of The regoing instrument was acknowledged before me by of (month), ��year), by ersonaily Known R Produced Identification Type of Identification Produced Sharon Q. Forrester President Print Name and Title or ❑ online notarizations/ day of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ''° "owy PUNIC state or Flndaa Tam Opfer 14 C*`Ail s GG 139413 ar Expires 0&2M21 CAMer Stty Administrative 5oMms Department Procurement Services DiviFion 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. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers); Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): 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 penallies o er'ur I cerll& that the in ormation shown on this form is correct to knowded e. Company Name: NIA _ Date: Address in Collier or Lee County; Signature: Title: V H Carirer C_ 014 ty Administrative 5etvices or3partrnent Procurement Services Division Form 5 Reference Questionnaire LSE ONE FORH FOR EACH REOUIRED REFERENCE] Solicitation20-7750 Reference Questionnaire for: Gossamer Bay Inc. DBA Universal Controls Instrument Service Co (Name of Company Requesting Reference Information) Sharon Forrester and Mike Harper (Name of Individuals Requesting Reference Information) Name: Chris Saliba Company: U.S. Water Services Corp. (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: csaliba uswatercor .net Cel1:813-416-3992 Telephone: 727-848-8292 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 14, With 14 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 "4." Project Description: Project Budget: Completion Date: Project Number of Days: Item I Criteria Score must be 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. 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 Co�7er Co"Vay Administmthm Services Depadmem Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation20-7750 Reference Questionnaire for: Gossamer Bay Inc. DBA Universal Controls Instrument Service Co (Name of Company Requesting Reference Information) Sharon Forrester and Mike Harper (Name of Individuals Requesting Reference Information) Name: Danny Hoang (Evaluator completing reference questionnaire) Email: Company: Pinellas County Utilities (Evaluator's Company completing reference) FAX:727-464-5804 727-464586I 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 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: Completion Date: Project Budget: Project Number of Days: Item I Criteria i I Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 1 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 AbiIity to follow contract documents, policies, procedures, rules, regulations, etc. 107 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Score [must be Coker County Administratve Services fitment Procurement Services Division Form 5 Reference Questionnaire SE ONE FORM FOR EACH RE UIRED REFERENCE Solicitation20-7750 Reference Questionnaire for: Gossamer Bay Inc. DBA Universal Controls Instrument Service Co (Name of Company Requesting Reference Information) Sharon Forrester and Mike Harper (Name of Individuals Requesting Reference Information) Name: Frank Inzano Company: Collier County (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: 239-877-8283 Collier County has implemented aprocess 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 whieh 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 1 representing that you were very unsatisfied (and would never hire the firm/indivdivai 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: ItemI Criteria I Score must be 1 I Ability to manage the project costs (minimize change orders to scope). 2 P Ability to maintain project schedule (complete on -time or early). 3 1 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 corms Cmmty Administrative Services Department Procurement Services Dtvism Form 5 Reference Questionnaire USE ONE FORM FOR EACH RE !4[RED REFERENCE Solicitation20-7750 Reference Questionnaire for: Gossamer Bay Inc. DBA Universal Controls Instrument Service Co (Name of Company Requesting Reference Information) Sharon Forrester and Mike Harper (Name of Individuals Requesting Reference Information) Name: James Gooney Company: City of West Palm Beach ECR (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Ce11:561-325-9023 Telephone: 561-835-7454 Collier County has implemented aprocess that collects reference information on firms and their key personnel to be used in the selection of irons 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. PIease 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 firmlindividual 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: Project Budget: Completion Date: Project Number of Days: Item I Criteria Score must be com 1 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. 8 1 Abiitity to manage risks and- unexpected project circumstances. 9 1 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 I Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Career Comtv Administrative Seivicos ❑epaLmant Procurement Services ❑ivWm Form S Reference Questionnaire USE ONE FORM FOR EACH R�IEO UIRED REFERENCE Solicitatiou20-7750 Reference Questionnaire for: Gossamer Bay Inc. DBA Universal Controls Instrument Service Co (Name of Company Requesting Reference Information) Sharon Forrester and Mike Harper (Name of Individuals Requesting Reference Information) Name: Tim Dyar Company; City of Cocoa (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Td ar cocoafl.o Cel1:321-698-1707 Telephone: 321-635-7774 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 firnilindivdival 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 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 AbiItity 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 GO& co>my AdrninMufi,e services Department Prowremerx Services Wslon Form 5 Reference Questionnaire USE ONE FORM FOR EACH RE 0 [TIRED REFERENCE Solicitation20-7750 Reference Questionnaire for: Gossamer Bay Inc. DBA Universal Controls Instrument Service Co (Name of Company Requesting Reference Information) Sharon Forrester and Mike Harper (Name of Individuals Requesting Reference Information) Name: Kervin St. Aimie Company: City of CIearwater (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: .cam Cell:727-642-1693 727-562-4994 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firths 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 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: Project Budget: Completion Date: Project Number of Days: Item I Criteria 1 Ability to manage the project costs (minimize chan- ge to scope}. 2 ' Ability to maintain project schedule (complete on -time or early). 3 1 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 SCORE OF ALL ITEMS Scare (must be C&d r County AdminMative Services DepaM)eri Procurement Services Division Form 5 Reference Questionnaire RISE ONE FORM FOR Et1CH REQUIRED REFERENCE Solicitation20-7750 Reference Questionnaire for: Gossamer Bay Inc. DBA Universal Controls Instrument Service Co (Name of Company Requesting Reference Information) Sharon Forrester and Mike Harper (Name of Individuals Requesting Reference Information) Name: Nick Gibbons Company: City of St Petersburg (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Nicholas. ibbons st ete.o FAX: 727-892-5684 Cell 863-660-4428 Telephone: 727-892-5616 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 firmlindividuaI again) and I 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: Completion Date: Project Budget: Project Number of Days. Item I Criteria Score must be 1 I Ability to manage the project costs (minimize change orders to scope). 2 I Ability to maintain project schedule (complete on -time or early). 3 1 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. TO Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS FORM 6 IF APPLICABLE GRANT PROVISIONS AND ASSURANCES FORMS ARE PROVIDED IN SEPARATE 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. Farm w-9 Request for Taxpayer Fev. October 2018) Identification Number and Certification Depa tment of the Treasury Internal Revenue Service ■ Go to www.rr&9OV1F0rmW9 for instructions and the latest information, 1 N ame [as shown on your income tax return}. Name is an mis line; do not leave this line blank. GOSSAMER BAY, INC. DBA UNIVERSAL CONTR 2 Business name/disregarded entity name, if different from above SERVICE CO. Give Form to the requester. Do nat send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only of 4 Exemptions (codes apply only to following seven boxes. ecy one the certain entities, not Individuals; see El Individual/sole proprietor or ❑ C Corporation 25 Corporation ❑Partnership ❑ Trust/estate instructions on page 3): single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnemhip) ■ 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. J Other (see instructions) ■ Address (number, street, and apt. i- suite no.) See instructions. 1906 LAKE ARIANA BLVD B City, state, and ZIP code AUBURNDALE, FLORIDA 33823 7 List account numbers) here (optionA Number Exempt payee code (if any) Exemption from FATCA reporting code (f any) rAPPfh-to ac —k nrarmaV,.d oaWde rho U. sj name and Enter your TIN 1n 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 (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for entities, it is your employer identification number {EIN}. Part I, later. For other — m ^ [ If you do not have a number, see Now to gat a 77N, 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. rT7 3"o©o©©OME 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)1 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 ail 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 cress 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 aband secu9K property, cancellation ofobt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest doll iden .. u e not require sign th certification, but you must provide your correct TIN. Seethe instructions for Part II, later, Signatu of FiGre I U.S. Persba I General Instructions Section references are to the Internal Revenue Cade 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.gov1F0rm", Purpose of Form An individual or entity (Farm 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 (FIN), to report on an infarmation return the amount paid to you, or other amount reportable on an information retum. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) Date ■ • 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 1 D99-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), i D98-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 aright be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231x Form W-9(riev. 10-2018) Insurance / Bond Type Required Limits I. ® 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 h s://a s.fldfs.com/boeexem t/ 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 ISO form Injury 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 $_500,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included b. ® Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. S Per Occurrence ❑ Maritime Coverage (.tones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® ProfessionaI Liability S _1,000,000� Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability Per Occurrence ❑ Technology Errors & Omissions $ 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. 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. 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 to 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. 518120 - 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. Th insura submitted must provide coverage for a minimum of six (6) months from the date of award. +� � 1. OBA LV r Name of Firm Vendor Signature Print Name Insurance Agencyte-)i II Agent Name I - ,I �e6 Telephone Number -7 IV 1 -S I rcounty Adminislmom Serviaas CW—Won Pwchasirig Memorandum ADDENDUM #1 Email: Usa.Oienacolliercountvflgov Telephone: 239-252-8935 Date: 8/3/2020 From: Lisa Oien, Procurement Strategist To: Interested Parties Subject: Addendum #1 — 20-7750 Instrument Calibration, Repair and Replacement Services This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 20-7750 ITB Instrument Calibration, Repair and Replacement Services • 20-7750 -- Addendum #1 — Bid Opening Due Date inserted into the public Notice Section of the Solicitation document — Due Date September 4, 2020 ❑ 20-7750 — ITB - Instrument Calibration 7.16.2020 (005) — removed 0 20-7750 — ITB - Instrument Calibration 8.3.2020 (006) — added 20-7750 — ITB - Instrument Calibration 7.16.2020 (005): �n 1LTT" \ ['1"R \QT[Y' T. INVIT. T[nS TO BWATR) %V1[liL$e P1{I1lEI"T 7'I'rl.Y- 1nH rual.m 1'�liluvllo�. kcnail evnl and +rra kll M. BID \[F:F.I INC � Y'r I- L[1["f[IF) Pl. %" [IF RIDOPFNIMI i RcX 1 Rf]fFN'T tiFx[�1'GSPn'Kjnli G I R.11L YA.j1LLICr-; 20-7750 — ITB - Instrument Calibration 8.3.2020 (006): u�f ITA-ION Pl"6L[( ,-t)TFCY- i\5"[T.11`i[l� TL] B1B 111'li] 111fRF.12: NI�CI — - — -- Pl![[.fF:f TTFI'[k: ln.lr IQm ('a h liuo —alt mrnln 5kr� - [)['E Il,k]'L. K to h 'li II :pY P[..�L'F: 1]F HI6 UPE\[1!i + yKl n: 1: fillYl ?� I�tiLH�I: Ly 11f1-Eti 11\ PI ack wiedge receipt ohthis Addendum and include with your bid. (Signature) Date If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F-Template —Addendum-rev 10.18-18 Sk Cotner Adminisirah a Savices Dmsion Purchasing Memorandum ADDENDUM #2 Email: Lisa. Dien@colliercountyfl aov Telephone: 2 39-252-8935 Date: 8/25/2020 From: Lisa Qien, Procurement Strategist To: Interested Parties Subject: Addendum #2 — 20-7750 Instrument Calibration, Repair and Replacement Services This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 20-7750 ITB Instrument Calibration, Repair and Replacement Services ■ 20-7750 — Addendum #2 — Vendor Checklist section added in Solicitation which includes a request for reference forms (The Vendor checklist is an attachment in BkdSync named - 1. Required Forms Revised 060720.docx) 0 20-7750 — ITB - Instrument Calibration 8.3.2020 (006) — Removed a 20-7750 — ITB - Instrument Calibration 8.25.2020 — Added ]xltiuoxc-te�cHr.tsT � •a•veoMr slnwkl check off each lien, as the Ucnsary.wtion is cumpleW [pietise see, V�yldnr Cheek I.is11'•• Thr [ emaiv 1•Nn"Is Ilal thr reodor whnnts no felrpl' IBA¢ Ihlre (41 and no flol't IDah ten (10)raluPlrl&d reference forma nnm <n-11 kllsla 11-111 thk M �"" wh" PauJrrIN arY a7a fhullar 9A1nr'e 10 tht5 bonrltatiap as A Purl or lheTl' P"I--l. Vw,,idr 111fe'DWian on die pr jccls CUn1ph't d tn' the Y'e[Wnr Ih1t Ife81 rdpMoanr ]lrojeCE5 of 3im1i2r sib. Koko and coanplexil, of dtls project using Fomu c plc ided ill Sidsync m pm of the Requ""`i Fanns. Vendors may InrWe twn t-•1 additional pages Tor each project In i33uslmre aspews of the comPlered prO*J ihal xmides Ilse lufrm Mon to assess The experience of the Proposer oo ele%mat pmlw ."k. ■ 20-7750 — Addendum #2 — Replace Bid Schedule o Bid Schedule now includes a required forms list at the bottom 0 20-7750 - Bid Schedule 7.30.2020 - Removed 0 20-7750 — Bid Schedule 8.25.2020 - Added Requlmd Forms Yes/No Forma: �enr„1 m mmrsl cenm�ran .+,neawe F: imr irraiien amr¢pnr Certn:mti en Fnm�lyendor Were:,.fit-lcururyor Frere •n�derit — - — Fgre S: Ae!ererorIIatlliommrr. --^-^�^-�•-+w•��uH• Mac ApClicat-c n r b dd In:winee.ne Bow,np ReWeremerrt� svneK vase - MY_MyrrgYi _ of this Addendum and include with your bid. 67/m/x Date (Name of Firm) If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F-Template —Addendum -rev 10.18-18 Coex' County Adrrtinis"We Service DwWon Purcheaing Memorandum ADDENDUM #3 Email: Lisa. Qien(CZ).colliercountyfl.aav Telephone: 239-252-8935 Date; 8/25/2020 From: Lisa ❑ien, Procurement Strategist To: Interested Parties Subject: Addendum #3 — 20-7750 Instrument Calibration, Repair and Replacement Services This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 20-7750 ITB Instrument Calibration, Repair and Replacement Services 20-7750 — Addendum #3 — Prior Bid/Contract for this solicitation o Addendum #3 — RFQ and Bid Tab Annual and Semi -Annual Meter Calibration —addresses questions #2 in aid5ync. rec�pt of this Addendum and include with your bid. If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F-Template — Addendum -rev 10-18-18 -Skxr�co=342 Admini*c6ve Services Division Pumhasing Memorandum ADDENDUM #4 Email: Lisa. OienO)Colliercountvfl aov Telephone: 239-252-8935 Date: 8/27/2020 From: Lisa Oien, Procurement Strategist To: Interested Parties Subject: Addendum 44 - 20-7750 Instrument Calibration, Repair and Replacement Services This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 20-7750 ITB Instrument Calibration, Repair and Replacement Services ■ 20-7750 - Addendum #4 - Price methodology and invoicing for Repairs and Replacement - the price exceeding limits for purchase receipts for parts and supplies is reduced. 0 20-7750 - ITB - Instrument Calibrations 8/25/2020 Removed a 20-7750 - ITB - Instrument Calibrations 8/27/2020 Added 2{a} Price Methodology and Invoicing for Repairs and Replacement Repairs and replacement work shall be quoted per the pricing structure on the Bid Schedule. Miscellaneous parts and supplies may be included on the quote. Markup for miscellaneous parts and supplies shall not exceed 15%. Copies of purchase receipts for individual items exceeding $500.00 $100.0Q must accompany the Contractor's invoice submitted to the County for payment. Proof of list price of the new Instrument must be provided at invoicing. The invoice shall clearly reflect the discount off of list price value of the new instruments. Pt of this Addendum and include with your bid. 91a_7A)_6 Date (blame of Firm) If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F-'template — Addend urn -rev 10-18-18 Coer County RFQ - Annual and Semi Annual Meter Calibration Due Date: June 12, 2020 ; 1pm DETAILED SCOPE OF WORK The Public utilities Division is requesting a lump sum quote to provide calibration services for ninety (90) instruments at four different locations within Collier County. LOCATIONS Location Name Location Address North County Water Reclamation Facility 10500 Goodlette Rd Naples, Florida 34109 South County Water Reclamation Facility 5600 Warren Street Naples, Florida 34112 Golden Gate Wastewater Treatment Plant 493132nd Ave SW Naples, Florida 34116 Northeast Service Area Water Reclamation Facility 1341 Oil Well Rd Naples, Florida 34120 I. Instruments to be Calibrated 1.1. Reference each tab in the Quote Schedule attached. 2. Safety 2.1. The Contractor and employees shall keep the work site area free of debris and trash. Quantity to be Calibrated 48 25 13 4 2.2. The Contractor and employees shall comply with all Occupational Safety and Health Administration (OSHA) safety standards, rules and regulations, as well as all applicable Federal, State and local laws and regulations. 3. Assienment of Work 3.1. The County will issue a PURCHASE ORDER (or blanket purchase order) and it shall be considered as a "Notice to Proceed". No work shall be performed until the Contractor is in receipt of an approved purchase order Page 1 of 2 4, Performance Measures 4.1. Time is of the essence with respect to all provisions within this order. Any delay in performance, not approved in writing by an appropriate County Representative shall constitute a material breach of the contract. 4.2. Calibration reports shall be submitted via e-mail to: Kurt-Vega@CollierCount\rfl.gov within two (2) weeks of completing the calibration. 4.3. Hard copy calibration reports shall be mailed to: Attn: Kurt Vega, NCWRF, 10500 Good lette Rd, Naples, FL, 34109 within thirty (30) days upon completing the calibrations. S. Invoicing 5.1. The Contractor shall submit a total of four (4) invoices for each County site listed on this RFQ. The invoices shall be submitted for payment when the entire quantity per County site location have been calibrated and accepted by the County Representative. 6. Backeround Check & Badge Requirement 6.1. Background checks are required for contractors entering a county building or working in secure locations per Collier County Ordinance. 6.2. To obtain a Collier County Contractor Badge please contact Facilities Management Division at (239)252-8380 or DL-FMOPS@CollierGov.net. Page 2 of 2 � �r��4aaai A�zzz� H [� o DO 4 w z o f-os 6s G04 Eoq o o 0 �r, 0 kn 0 o 0 "a o m dr oa r- ir, kti N 16.4 W . ►--� v Cw fos f;'s '�Os Eoq co� � Cy C*n c� .n O a a, Ao►�ad Bid Schedule 20-7750 Instrument Calibration, Repairs and Replacement Services Gossamer Bay, Inc. DBA Univeral Controls Instrument Service Co. The Unit Price for calibration /Revalidation will be inclusive of labor, materials parts, equipment, travel and all necessary resources needed and any required certification reports. Markup for miscellaneous parts and supplies shall not exceed ISX Markup shall be limited to 10% for subcontractor fees. *Quantles are used for evaluation purposes only. CATEGORY A: ANALYZER Line Unit of insert Unit Item Measure Value *Quantity Total Line Value 1 Analyzer Calibration / Revalidation Each $ 145.00 103 $ 14,935.00 2 Confined Space Entry Fee Each $ 595.00 1 $ 595.00 Repair and Replacement Labor 3 Rate - Normal Business Hours M-F,7:00am-5:00pm 4Hr Min $ 125.00 192 $ 24,000.00 Except for County Observed Holidays Repair and Replacement Labor 4 Rate - Urgent 4Hr Mln $ 195.00 30 $ 5,850.00 Outside of Normal Business Hours Unit Value Price is for Insert Evaluation Purposes only Percentage 0% Discount S Discount off of List Price for new instrument purchases $ 3,000.00 07� $ 3,000.00 Category A Total Line Item $ 48,380.00 CATEGORY B: FLOW METERS Line Unit of Insert Unit Item Measure Value *Quantity Total Line Value 1 Flow Meters Calibration J Revalidation Each $ 122.50 274 $ 33,565.00 2 Confined Space Entry Fee Each $ 595.00 1 $ 595.00 Repair and Replacement Labor 3 Rate - Normal Business Hours M-F , 7:00am - 5:00pm 4Hr Min $ 105.00 32 $ 3,360.00 Except for County Observed Hotidays Repair and Replacement Labor 4 Rate - Urgent 4Hr Min $ 195.00 10 $ 1,9s0.00 Outside of Normal Business Hours Unit Value Price is for Insert Evaluation Purposes only Percentage 095 discount off of List Price for new Discount 5 instrument Purchases $ 3,000.00 MOD% $ 3,000.00 Category B Total Line Item $ 42 470.00 CATEGORY C: LEVEL CONTROL Line Unit of Insert Unit Item Measure Value Quantity Total Line Value 1 Level Control Calibration / Revalldation Each $ 122.50 23 $ 2,817.50 2 Confined space Entry Fee Each $ 595.00 1 $ 595.00 Repair and Replacement Labor 3 Rate - Normal Business Hours M-F, 7:00am - 5:00pm 4Hr Min $ 105.00 40 4,200.00 Except for County observed Holidays Repair and Replacement Labor 4 Rate - Urgent 4Hr Min $ 195.00 10 $ 1,950.00 Outside of Normal Business Hours Unit Value Price is for Insert Evaluation Purposes only Percentage 0% Discount Disco unt off of List Price for new 5 instrument purchases $ 3,000.00 0.00•% $ 3,000.00 Category C Total Line Item $ 120562.50 CATEGORY D: Pressure Calibration Line Unit of Insert Unit Item Measure Value *Quantity Total Line Value 1 Pressure Calibration / Revalidation Each $ 122.50 39 $ 4,777.50 2 Confined Space Entry Fee Each $ 59s.00 1 $ S95.00 Repair and Replacement Labor 3 Rate - Normal Business Hours M-F, 7:00am - 5:00pm 4Hr Min $ 105.00 40 4,200.00 Except for County 0 bserved Holidays Repair and Replacement Labor 4 Rate - Urgent 4Hr Min $ 195.00 10 $ 1,950.00 Outside of Normal Business Hours Unit Value Price is for Insert Evaluation Purposes only Percentage 0% Discount Discount off of List Price for new 5 instrument purchases $ 3,000.00 0.00% $ 3,000.00 Category D Total Line Item $ 14,522.50 Required Forms Yes/No ;orm 1' Vendor Decia ration statement �orm 2: Conflict of Interest Certification Affidavit YES ,arm 3: immlgrativn Affidavit Certlficatipn YES orm 4: Vendor Submittal - Local Vendor preference Affidavit YES �vrm s: Reference Questionnaire YES A Fro - - Not Applicable to this hid YES NIA nsurance and Bvndin�g Requirements :-Verify YES unBiz Page YES iRTcckmty .. � air. t�.. d..... Fam S Retereere ��lici6atlonm.'Tr3oo icl>t QuaaNE "Ire EI IR6 R*fercice Qmtionnaire for-- Gass$►ner Bev ltto. 113A >Jnirtl Cinttrnf$ ]ns�tunerrt Service Co {Narcre of Corr�panlr Regnestzrg ReF ncc Shsran Forester and Mikc i iarper Inlbrmation) ru.` .- ....... ,.. ,Lu,w�axrars Resiuesting Itci'ecertco infarrrmgon !dame: lames looney (EY8101or rampleling refett hce $uestiotmaire) Company: City of WeSt Palm Bach VCR (Evaluator's company completing reference) BmaFi;Jluone� u�6� _ CallierCyhas irrtpiemcnteda - Telhcme 56i-83S.gq+y of #•arms tti mess that coliccts refercncc infannation an Terms and #hcirke `_ �- perorm this InojceL The Name of the Corn y pmonneito be usod in the selcctlon pnevidusly performed ►vork, P 1�Y fisted in the Subject abovt has tested you as s client forwhich with 14 tease c very satisxfer! and pi h criteria to the bed of your knowledge an a scale of I to 10, that yav were r survey.ease rate they have unsatisfied. (&W would nevyou ere very i attalf id 1 nd w( fd h� the individual again) MW t mpr�n�n arts, leave it blank and the ev )tan or farm Will you do not have sui ricien, know tthat yeu vrcre very be moored "d," �:afp$atpt`tFariftanca in ri I�r'titwlar eject Dem iption: : Project Budget•. Completion Date Project !Number of mys: tem � � t Altilityr tarn �---- dre i t (minimize cirsnge otters to scope). — dun mad beam 2 Ability to maintain 10# ] I scheciuie {camplate m tiute or earjy). 3 Quality ofof _ — -- - - ! 10# ttYdomlsulM�eR&i" - � provided an the Pra%a5io,1i isrn and aD•rhty to nu}n � p�nneI. b a�ninistr•atiatt - --- s _ invoeoes• (�1�� dacurnents. teens! ttrvoie, final lm�duettumover. �- nmanuals or going tarwaM documentation, eft.) 7 Ab�ltty Itma cornmrrni �` cate and clot usnant infarrnation +"leanly and succinctl_y.-- 8 Abiiti;l' tts MWVW Asks an ud nWW- Q project circv _ ntscetAces. 9 Ability ro follow Pt ►eedutts, ruim tegui$tions, cw 14 aveli m lave! with hir6,g company in im f� icastton»er satisfacii�} .� -MAla SCQRi� OF ALL ITI�yaS` - _ — _ JAMES LOONEY PUBLIC UTILITIES ECR O&M SUPERINTENDENT CITY OF WEST PALM BEACH 561- -3,5-7454 f 9 - ;�,q - DL o Farm 9 Reference Qy�tionnaire ON FOR F') ik J J ) Ff'Jti7RF7V[E SttliCIMUOGU-7750 Reference Questionnaire for; Gossamer H1Y Inc. DBA ilniversai CorrtrRls Instrument Service L'n (Name ofCnmpany Requesting Reference Information) SharOR 1•orre511er and Mike l larper %--1 - ur araurvtouats Requesting Heference information] Name: Frank Inzano (1valuator Completing reterence questionnaire) Company; Collier County Email' F (L•valuator s Company completing reference} i 6: .,s€. -- �_ _ Tale pant=:239-$77-83$3 County h as iMPlerncnIed a process that C011ee[It rzfcrenLvi ❑f' fiRrts to perform rt is project. "i he Name of the Company listed in ther4uhjeer :thov htas listed Rlrwhich P'iousl y P�sonRel to be used in the selection y >resen med work- please complete the survey. Please rate each criteria to the bc~:t ot'yaur knowledge Raps sale of lyw have with s f representing Char you tt�ere very satisifcd (and would hire the finniindividual a�tinj and !representing that you were unsat#sfted [and would never hie, nce firrrr'indivdiva] main}. If you der not have Sufficient knvwlan,e of Past representing t area, leave it blank and the item or furor till i,e ival agoi " very ` 1, p p ante in a particular Project Dcscriptinn- Flout rt'tf.� E�jr-+G.Atolll ►'�� u 14 r P1 � �Zkvv-et* Utnpletion Date: VARI G� Project laud rat: Part- s. S-�� , Project Number xiF Days. Item � Ada s i-��_`�-. • Criteria _� Abi[ily to manage the —proj-_.,. ect-- costs (minimize Itan�gc Rrders to st tzpr). Store must uN lx cam let+ Ability to maintain Project schedule {caRtpi to on -tine Or curly j, 3 Qualityofwork. 4 Qua]ity of consultative advice provided on ehc project. - Q 5 Pratessianatisrrt attd ability tR manage personnel. G projeetadminitztratlotr (camplCted tktCuments, 1ina1 invait-e f nil pr'odttct turnavcx; invoices; manna#s or going forward doeumentation. etc.) 7 Ability to v�jly co�nt;urriratp and dcrcumenl infonrtatiorr early atsd —Su ecinctly� S Abiidry to manage risks and unexpcctcd prvjeO tircurnslanees 9 Ability to f0llGw contract documents, ]policies. ' - Pduras, rules, regulations, tic. 1 l7 Overall comfort level wilt, h#ring the com pony in the futstre (Customer satisfactian}, To f� SCUttF C4' ALL 17F.MS — _— Solicitati0n20-7750 � �° i7rpartntpnt Pm�irern�ent Ser.�s t�rviskx+ Farm 5 Reference Questtoirnaire ISE 011'F' F'(JRA9 FQR' E CURE UlRCA RZ( R�1YC Reference Questionnaire For. Gossnmer Bay Inc. ❑SA Universal Controls tniirumenf Service Co (Name of CompanyRequesting Reference Information) Sharon ester and Mike Horner yw. °uF�B ncierellCe Information) Name. -rim Dyar (Evaluator completing reference questionnaire) Company: City of Cocoa Small: (Evaluator's Company completing reference) Trlvurfiln........n _-- ~• ere }tone: 32 i-635-7774 Collier Caunty has implemented aprocess thateellects reference information on firms and their key Personnel to 8a used in the sv! of viofirms to ly perform this project. The Name of cite Company listed in the Subject above has Fisted you as a client for which Previously representing Performed work. Please complcly the Survey. Please rate each criteria to the best of your knowledge on a scale they of 1 Lotion with i0 representing that you were very satisifed (turd would [tire the finnlindividual again} and t representing that you were have unsatisfCd (and would nevcrhire the firmlindivdival again). If you do not have safi'icient knowledge of past performant c in a antic ,�' area, leave it blank and the item or form will be scored " 0." y Very }� ular Project Description; Completion Date: Project Budget: Project Number of Days: Item Criteria I Ability to manage the project costs (minimize Change orders to scope). Serve nrtlst 2 Ability to maintain project schedule (complete on -tune or cariy}. Quality ofwork, - �-- Qual'sty ofconsultative advice provided an the project. y� 5 Professionalism and at�;iity to manage persanncl. f Project administration (completed dncroncnts, anal invoice;, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally comntunisate and dncurnent information 0113 y and succinctly_ $ Abiitily to ntartaga risks and unexpected project cire u:nstances. 9 Ability to follow contract documents, policies, Pro csdures. nrles, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer sat is Faction). �. TOTAL SCORE OF A1.1. 1TVA&V � c, he C.O ter C:p'HH� �!?yr+lil8tll►eSatWicxts L7ppmrht�ent i%evc,aen�art ser,uus Dwnaion Form S Reference Questionnaire (USE OM FOR,? Ffl$dCH kE�1UIRED REi�F.'I�lYCL SalieitationM-7750 Reference QuestiUntkairt for: (Name of Company Requesting Reference information) Sharon Forrester and Mike Harper (Dante of individuals Requesting Reference Infonnation) Service Co Name: Nick Gibbons Corngany: City of 5t Petersburg (Evaluator completing reference questiannaire) (Evaluator's Company coinpieting reference) Ernaii.Nicholas. ig_hbop • st etc, FA7t: 7�7-$92-5584 Ceti 8G3-660-4�1Z8 Telephone: 7?7-84?-Sf 1G _ _ — --� 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 lo, with lQ representing that you were very satisifed (and would hire the lirmlindividual again) and 1 representing that you were v4•ry unsatisfied (and would never hire the frmlindivdival again), if youdv not have sufficient knowledge of past perfnnnance in a particular area, leave it blank and the item or form will be scamd "0." Nroject Description: Project Budget: Completion Date: Project Number of lays: Criteria -- 1 Ability to manage the Project costs (minimize change orders to scope), ? Ability to maintain project schedule {t ntnpiete on -time or early). 3 } Quality of work, 4 E Quality of consultative advice provided on the project. T 5 ixsfe�sipnalism and ability to manage personnel. $ Project administration (completed docuni>rnts, final invoice. final product tumovcr; invoices, manuals or going, forward documentation. etc.) 7 1 Ability to -verbally communicate and darutnent information clearly and succinctly. $ i Ahiitiry to manage risks and unexpected project circumstances. 9 I Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 I Overall comfort love! with hiring the company in the future (customer satisfaction). TOTAL SCORE OP ALL ITEMS 9 Form S Rerem®e QMHOMIre E �iY E' D �'FE EIVCE Reference QMW(MrWre far: Gossamer 131'aqV Inc. ❑RA Universal Colitrols In (Name of company Requcsting Refironce lnforrnatw Sharon Forresier and Mike lfarper (Name of individuals Requesting peference Information) Nance: Chris 5allba (Evaluator completing reference queatimmaire) Company: US. Water Services Corp_ [Evaluator's Company complding ref erence) cs+sl�aa9v�rar�m�,�,... Service Co Collier Courny has imPleinenteyd a procm that collects - - rn �� dale One: 727-8$8.9292 of rrns to perd'otttt this project. 'lea fYatnes oFthe C � in natiart on fnms and their key personnel to be used in liie sciec>iun previously Paforrnerd w�. Please oomp#ct the >.ny listed in the sttbaect above has listed you a}s oliertt f whirls un"fi.I s�iing t you we,rc vpy awWfed Ond would him the tirmlindi►�idual rac Wit Criteria to the� of your kno►�rl �dY have f tad would neverhire the firm/indivdival gain) and l � on a �e of } to 10, area, leave it blank and the ' �'n)• lf3'flu do not h� su�licient knowledge �rtting that you were vcrY rtarst or faun will Ira scared "0," edge ofpast MfOrmsnce in a particular eject Description: Fr4.�ect Completion DMQ: Budget: Item Project. NURAM of Days: ! Ability fit) manage the Crites project costa {min'ml.le ohang6 orders to =apej. Scorn 2 Ab111tytant$inmin _ ,left achedu fa (complete on one 3 or c4rly)7 Quality ofWM*. ¢ Quality otconsu}tarive "vim provided as the t. 3 Professionalism arm ability to ►nartage persorvnel. b Project administration (complGtfld document4� VnipC final r dadttrl invoices: triartuals nt going fargr&d documentation, P turnover; V etc.] i AbIliiy tQ verbally ca Munt� um®nt Information etearia and __ _ �� 8 sraccinctly Ahlitity to manage risks and une xpected project icimumsEmnces. Ability be tnl}avir documents !! res escg, •-.�_ ' � Fs"ctcedureeir ICE 10 ruler•, regulaticros, WC. Overall eurafort level with biting the enm - pany in the future ( stomer I� satisfaction). -- --.. 914, SCORE EM ottn 5 Reference Question..€re F Solit:ltstian2a77S4 E Reference Questialtna€re for: ossantar Sam(Inc. ORA Universal Cottro#s In ( afe°'stpmy Requesting deference infbrma) Sh(ames FOfmter and Mike H blame of individuals Rctgt,esting RcTarerfce rnfarrnatior►j Name: luny Hwang (Evaluator cottlpleting TC&MCe rmlionnaire) Cownpsny: Pisscllaa County Utilities (Evalstator's C0114pany Complefing refermet) Collier County has itnpkrdented a - V .-� Ta! hone; 727-4645g6l of firms to Wom this process that Collocts reference in forneation on Firms and their key previously pe�cd �Pm� a use of vita CorgpenY listed ip doe Subject above has listed �ocl to be piste the ssuwey. l'le3ase r$te used us Shehey have with 14 representing beat you rvrme cosh Criteria to tits You as a client for which they here unsatisfied (and would Hover hire the flTnifindlv[llunl`id would 111rp tJ]C turn! � Of your knowiodge On a scale of I to 1Q, n3. Ifyou do not have siv r n ePmen g that you were very area, leave it blank and the item or form will lv jutasearag b Performance sa a Pard riar p'rO,jex r+ption: Project Budget: Compietion Date.. Il = Project tVur:bc, of Days: I AbilitytotwWt(Crkera]eeas. ninitnizv chW;Gc orders to scope), &81V as it is 2 Ability to maintain protect schedule (evmplcie ott-.tiin4 or eariy). Q q 3 Qunlity afwark. . ..__ � 4 Quality of► ttltative ad ' vice provided an tik project61 5 l anWism and ability to rrtsn •— age i�'sunnal. q 6 I'rnject adasinis�adan invokes m (pletcd docurnetstg, finial invoice, frasaf proriuet rtrrnaver; F +snuesla or going forward documenGatioti. f� _ I 7 etc.) Ability to veftily Communicated d�urnesst istf'orrttation u 8 Clearly and ateccia�y, Abiltity to man— and �,y��y unexpectedpr�o� Circu v jiS ance.4. Ability m follow tr d Canaet tmentg, Ieulic lt3 Proce raise , regulations,, (]unroll comfort €suet with hiring the Cron w_ In �,_. PAY the fieture (customer satisfsctiust). 0 �"'—�•-� TOTAL SCORR OR ALL ITS ..-_ � sect ifv— ONa� E-Ver 1Ior Company ID Number: 1582277 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 Gossamer Bay, 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 � sect ifv— ONyd�u E-Ver IIor Company ID Number: 1582277 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 I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 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 � sect iE-Verfv— or ON a Company ID Number: 1582277 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 � sect ifv— ONya�u E-Ver IIor Company ID Number: 1582277 (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(@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 � sect ifv— ONya�u E-Ver IIor Company ID Number: 1582277 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 � sect ifv— ONyd�u E-Ver IIor Company ID Number: 1582277 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 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 � sect ifv— ONya�u E-Ver IIor Company ID Number: 1582277 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 � sect iE-Verfv— or ON a Company ID Number: 1582277 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 to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. 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 � sect ifv— ONyd�u E-Ver IIor Company ID Number: 1582277 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 � sect ifv— ONya�u E-Ver IIor Company ID Number: 1582277 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 � sect ifv— ONyd�u E-Ver IIor Company ID Number: 1582277 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 W� ram- . E-Veriff �ylll� o Company ID Number: 1582277 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 W� ram- . E-Veriff �y�N� o Company ID Number: 1582277 Approved by: Employer Gossamer Bay, Inc. Name (Please Type or Print) Title SHARON O FORRESTER Signature Date Electronically Signed 08/27/2020 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 08/27/2020 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 � sect ifv— ONa� E-Ver 1Ior Company ID Number: 1582277 Information Required for the E-Verify Program Information relating to your Company: Company Name Gossamer Bay, Inc. Company Facility Address 1906 LAKE ARIANA BLVD AUBURNDALE, FL 33823 Company Alternate Address County or Parish POLK Employer Identification Number 593653944 North American Industry Classification Systems Code 811 Parent Company Number of Employees 5 to 9 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 W� ram- . E-Veriff �y�N� o Company ID Number: 1582277 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 W� ram- . E-Veriff �ylll� o Company ID Number: 1582277 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name SHARON 0 FORRESTER Phone Number (863) 965 - 2053 Fax Number (863) 965 - 2053 Email Address sharon@universalcontrols.net Name SHARON 0 FORRESTER Phone Number (863) 965 - 2053 Fax Number (863) 967 - 7765 Email Address SHARON@UNIVERSALCONTROLS.NET Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 W� ram- . E-Veriff �y�N� o Company ID Number: 1582277 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 16.C.3.h FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 20-7750 for Instrument Calibration, Repair and Replacement Services THIS AGREEMENT, made and entered into on this day of 2020 , by and between Gossamer Bay, Inc. d/b/a Universal Controls Instrument Service Company , authorized to do business in the State of Florida, whose business address is 1906 Lake Ariana Blvd Auburndale FL 33828 , (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 o Agreement under all of the terms and conditions contained in this Agreement for I- two (2 ) additional one (1 ) year(s) periods. The County shall give the o 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 a, written notice of the County's intention to extend the Agreement term prior to the end of c) the Agreement term then in effect. 0 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑i Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ n Invitation to Bid (ITB) ❑ QtheF ` # 20-7750 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. FNI 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. 985 r 16.C.3.h 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. 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): 0 T v is a11, G lLed T FE-1 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 o0 that the project requirements would most likely change. As a general business practice, E these contracts include back-up documentation of costs; invoices would include number y of hours worked and billing rate by position (and not company (or subcontractor) c timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project.LO ti X Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, N 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. 986 16.C.3.h 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. VAMW ... - . . w 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 Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 987 16.C.3.h Company Name: Address: Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Gossamer Bay, Inc. d/b/a Universal Controls Instrument Service Company 1906 Lake Ariana Blvd Auburndale FL 33828 Sharon O. Forrester, President 863-965-2053 Sharon(a_)universalcontrols.net 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: Beth Johnssen Division Name: Wastewater Division Address: 4370 Mercantile Ave Naples, FL 34112 Administrative Agent/PM: Frank Inzano, Manager Telephone: 239-252-2597 E-Mail(s): Frank Inzano ancolliercountyfl.gov o LO The Contractor and the County may change the above mailing address at any time upon o 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. �► in L 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.I ) bgyn` Packet Pg. 988 16.C.3.h 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. T 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. *Business Auto Liability: Coverage shall have minimum limits of $ 500,000 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) P Packet Pg. 989 16.C.3.h D. A] Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. 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 E 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 o date. Coverage afforded under the policies will not be canceled or allowed to expire until 1� the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. N 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 r shall relieve Contractor of this requirement to provide notice. a 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.l ) ,. Packet Pg. 990 16.C.3.h 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 Wastewater 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-PP4 W ITB/❑ Other #20-7750 , including Exhibits, Attachments and Addenda/Addendum, ❑ subseq4e4it dates, and ❑ 17, APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to N the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between le the parties herein that this Agreement is subject to appropriation by the Board of County 77 Commissioners. r 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 Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 991 16.C.3.h 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 E L 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. N 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 U) records required by the public agency to perform the service. If the Contractor -°a 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 m Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. E All records stored electronically must be provided to the public agency, upon y request from the public agency's custodian of public records, in a format that is 0 compatible with the information technology systems of the public agency. 0 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. 992 16.C.3.h 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, r 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. T en 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. FM� 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. 993 16.C.3.h 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 r 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 in L 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 >l Work or adjacent property to stresses or pressures that will endanger it. m 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 E Contractor is legally liable, disturbs the County's benchmarks, Contractor shall y immediately notify the County. The County shall re-establish the benchmarks and C 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) Packet Pg. !4 16.C.3.h 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 L 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 o 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 o 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 a► party relating to or arising out of this Agreement must be brought in the appropriate federal U) or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. > . . . �. , ... •.. . - ... w w. w w ww w w - ww �. w w w c ., w . � � .--. ww - w w w w ww. w ON ...., �.. w - . w w w w Mm EM . .... �. CNIMMH.Rl. w ww w. � - w. w w - � w . �. w. w. � � - w - ♦ w r - r w. � _... Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 995 16.C.3.h 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. Fo� 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 o the prior consent in writing of the County. Any attempt to assign or otherwise transfer this LO Agreement, or any part herein, without the County's consent, shall be void. If Contractor o 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. T 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. 996 16.C.3.h 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. FW 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) Packet Pg. 997 16.C.3.h 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. - Contractor's Fftf Witness BobbiJo Whiting TTypelprint witness nameT Pont/ �tor"sSecond Witness Randy Balevre TTypelprint witness name Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders ,Chairman Gossamer Bay,Inc. Contractor UpOwzsal Controls Instrument Service Comuanv President TTypelprint signature and title Page 14 of 17 Fixed Term Service Multi-Cvnlractvr Agreement 2017.008 (Ver.3 ) Packet Pg. 998 16.C.3.h Exhibit A Scope of Services 0 following this page (pages 1 through 4 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 999 16.C.3.h ITB# 20-7750 Instrument Calibration, Repair and Replacement Services EXHIBIT A -SCOPE OF SERVICES This Contract seeks to establish Contractor(s) to provide instrument calibration (or revalidation), repair and replacement services for planned and urgent work. This contract is awarded on a Primary/Secondary basis per category basis. Should the Primary Contractor fail to respond or perform per the contract requirements, the County will engage the Secondary Contractor, The County reserves the right at any time to use other contractors for the services described by requesting additional quotes or bids from other vendors (per the Board's Procurement Ordinance). The Contractor and employees shall comply with all Occupational Safety and Health Administration (OSHA) safety standards, rules and regulations, as well as all applicable Federal, State and local laws and regulations. The Contractor will supply all required safety equipment and employees who have completed a training class conforming to OSHA Confined Space Standard 29 CFR 1910.146 for performing work in confined space areas where applicable. The Contractor and employees shall keep the work site area free of debris and trash. Line items for each category include the following: • A unit price for Calibration/Revalidation • A unit price for confined Space Entry Fee • Labor Rate for Normal Business Hours • Labor Rate for outside of Normal business Hours • Discount Rate off of List Price for replacement instrument purchases 1. Calibration/Revalidation Services r ti v The Contractor(s) shall be required to provide annual, biannual, monthly, weekly and as -needed instrument calibrations, to be performed per the manufacturer and industry specifications for the instruments that will be calibrated. � m The below table is provided herein as a reference and includes the quantity, category of instrument, and frequency of calibration required for the instruments. Quantities and categories are subject to change as the utility system evolves. The County will provide updated information to the Contractor as required. Calibration Frequency - total number per Category Line Item Category Annual As Needed Monthly Quarterly Semi -Annual Weekly Grand Total 1 Analyzer 30 6 20 20 12 15 103 2 Flow Meter 27 215 32 274 3 Level Control 7 16 23 4 1pressure 13 26 39 Grand Total 77 221 20 20 86 15 439 The Contractor shall submit its proposed calibration schedule to the County for approval. The Contractor shall ensure that a certified calibration technician performs the calibration services. The Contractor shall furnish proof of the technician's certification upon request of the County. Pagel of 4 Exhibit A -Scope of Services Packet Pg. 1000 16.C.3.h The Contractor will submit, example(s) of their calibration form(s) for each of the four (4) categories of instruments as listed above. Calibration forms should meet or exceed State and Local requirements for validation. The Contractor shall report any instrument performance issues immediately to the appropriate County Representative. The report shall be in writing describing the issue and digital images shall be included to support the issue (where appropriate). The Contractor shall provide within fourteen (14) calendar days after the service, a calibration certificate with each calibration to include the following information: serial number, manufacturer, location and all valid National Institute of Standards and Technology (MIST) traceable documentation concerning the measurement and test equipment used in the instrument calibration. 1.(a) Price Methodology and Invoicing for Calibration/Revalidation Calibration and Revalidation will be performed for the Unit Price as listed on Exhibit B Fee Schedule. The Unit Price for Calibration /Revalidation will be inclusive of labor, materials parts, equipment, travel and all necessary resources needed and any required certification reports. A confined space entry fee may be added in addition to the Unit Price for calibration/revalidation services, (where appropriate). Invoice shall reference Purchase Order number, Facility, instrument location, category of the instrument and unit price (as referenced on Exhibit B- Fee Schedule), date the calibration / revalidation was completed. 2. Repairs and Replacement Installation Services The Contractor shall provide all labor, tools, material, travel, equipment and safety items for repairing and replacing the various types of instruments, including all requirements for confined spaces (where applicable). Repair and replacement services may include, but not be limited to, field repair, removal, pick-up and delivery, replacement, disassembly, loaner equipment, inspection, condition report, failure analysis, start-up and training, calibration or revalidation with factory approved certification documentation, including all test results and the associated Inspection and Reporting as listed below. Loaner Equipment specifications must be submitted with the quote and approved in writing by the appropriate County Representative. Inspection: Inspect and test for electrical, mechanical and physical defects to the instrument equipment, support structures, ti conduits, grounds, electrical panels, cabinet locks, paint condition, or any other issues that may affect the reliability of the equipment. _ Report: Determine cause of failure and provide written reports on findings including test results and measurement. Provide P written repair quote using the price structure on the Bid Schedule. The quote shall include a written recommendation with o appropriate justification on whether to repair or replace the equipment to the County Representative. 13 _ m The Contractor shall supply the County all manufacturers documentation related to installation, maintenance, programming, �+ instrument specifications, testing and OEM certifications as well as new calibration certificates within five (5) days after m L installation. m E ea Start-up and training shall be provided after the initial inspection, when requested by the County. N 0 0 Repairs and replacements shall be commence after receipt of an approved Purchase Order from the County. Repairs are to be completed within the time outlined below in Section 3 (Response Time) unless an appropriate County Representative approves ti an extension of time. The repair time extension approval must be in writing, signed and dated by the appropriate County c Representative and a copy of this signed and dated approval should be submitted with the invoice. N The Contractor shall install new components that meet or exceed OEM specifications, when required. m E t Recalibrations or revalidations shall be performed, and the results provided to the County within five (5) business days after each M repair or replacement. Q Page 2 of 4 Exhibit A -Scope of Services Packet Pg. 1001 16.C.3.h 2(a) Price Methodology and Invoicing for Repairs and Replacement Repairs and replacement work shall be quoted per the pricing structure on the Bid Schedule. Miscellaneous parts and supplies may be included on the quote. Markup for miscellaneous parts and supplies shall not exceed 15%. Copies of purchase receipts for individual items exceeding $100.00 must accompany the Contractor's invoice submitted to the County for payment. Proof of list price of the new Instrument must be provided at invoicing. The invoice shall clearly reflect the discount off of list price value of the new instruments. A confined space entry fee may be added to the quote for repairs and replacements, (where appropriate). Markup shall be limited to 10% for subcontractor fees. Subcontractor fees must be in accordance with the Bid Schedule or lower. A copy of the subcontractor quote or invoice must accompany the Contractor's invoice submitted to the County for payment. Invoice shall reference Purchase Order number, Facility, instrument location, category of the instrument (as listed on the Bid Schedule). The date of completion and whether the service was for a repair and/or replacement instrument(s). If the work was requested as an Urgent, this should be noted on the invoice. The invoice should clearly show costs as well as total hours multiplied by the hourly rate as listed on Exhibit B- Fee Schedule of this Agreement. Documentation supporting the invoice charges such as receipts / subcontractor invoices or quotes, proof of list price, County signed and dated approvals for Urgent work shall be attached to the invoice. 3. Response Time: Normal business hours: Monday - Friday, 7:OOam-5:OOpm, except for County observed holidays. Non -Urgent (during normal business hours) • Contractor shall respond via phone call and/or email within two (2) hours after the request from the County has been sent. o Inspection and written repair estimate/quote report shall be provided to the County within three (3) business days after n the initial request from the County was sent. c Repairs shall be completed within three (3) business days after the issuance of an approved Purchase Order unless additional time is approved in writing by the requesting County Representative. ti v Urgent (outside of normal business hours) • The Contractor(s) shall provide an Urgent phone number to the County. The Contractor(s) shall update the County if this phone number should change. A representative of the Contractor(s) shall be available to return Urgent calls 24 hours per day, 365 days per year. • Contractor shall respond via phone call and/or email within thirty (30) minutes after the request from the County has been sent. • Inspection and written repair estimate report shall be provided to the County within twenty-four (24) hours after the request from the County was sent. A notation shall be made on the report clearly stating "Urgent" work. • Repairs shall be completed within twenty-four (24) hours after the issuance of an approved Purchase Order unless additional time is approved in writing by the requesting County Representative. 4. Warranty: The Contractor shall warranty all repairs / replacements performed by the Contractor, including material and workmanship, to operate within acceptable levels (as determined by the County) for a period of at least one (1) year from the date of the completed repair / replacement. Any repaired / replaced equipment by the Contractor which fails to operate accordingly for the duration of the warranty period shall be repaired or replaced by the Contractor without any additional cost to the County. The Contractor shall furnish, without cost to the County, all parts and labor necessary to complete a warranty repair. Page 3 of 4 Exhibit A -Scope of Services Packet Pg. 1002 16.C.3.h 5. Assignment of Work: The County will issue a Purchase Order (or blanket purchase order). No work shall be performed until the Contractor is in receipt of an approved Purchase Oder, A Purchase Order shall survive the Contract expiration to allow work to be completed. No new services will be requested after the expiration of the Contract. 6. Performance Measures: Time is of the essence. Any delay in performance, not approved in writing by an appropriate County Representative shall constitute a material breach of the contract. Page 4 of 4 Exhibit A -Scope of Services Packet Pg. 1003 16.C.3.h Exhibit B Fee Schedule following this page (pages 1 through Page 16 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) I# Packet Pg. 1004 16.C.3.h ITB# 20-7750 INSTRUMENT CALIBRATION, REPAIR AND REPLACEMENT SERVICES EXHIBIT B-FEE SCHEDULE Gossamer Bay, Inc. dba Universal Controls Instrument Service Co. Contractor is will serve as Primary Contractor for category B Contractor is will serve as Secondary Contractor for categories C and D CATEGORY A: ANALYZER Not Awarded CATEGORY B: FLOW METERS rATFrnRv Rt F1 nw MFTFRS Line Item Unit Price 1 Flow Meters $ 122.S0 2 Confined Space Entry Fee $ 595.00 Line Item Time & Material Rate 3 Repair and Replacement Labor Rate - Normal Business Hours 1 $ 105.00 4 Repair and Replacement Labor Rate - Urgent $ 195.00 5 IDiscount off of List Price for new instrument purchases I N/A CATEGORY C: LEVEL CONTROL reraannv r.. cvci rnNTRni Line Item Unit Price 1 Level Control $ 122.50 2 Confined Space Entry Fee $ 595.00 Line Item Time & Material Rate 3 Repair and Replacement Labor Rate - Normal Business Hours $ 105.00 4 lRepair and Replacement Labor Rate - Urgent $ 195.00 5 Discount off of List Price for new instrument purchases N/A CATEGORY D: Pressure Calibration rATFrnpv n. PRFSSIIRF CALIBRATION Line Item Unit Price 1 Pressure $ 122.50 2 Confined Space Entry Fee $ 595.00 Line Item Time & Material Rate 3 Repair and Replacement Labor Rate - Normal Business Hours $ 105.00 4 Repair and Replacement Labor Rate - Urgent $ 195.00 5 Discount off of List Price for new instrument purchases N/A Unit Price for calibration/revalidation will be inclusive of labor, materials parts, equipment, travel and all necessary resources needed and any required certification reports Markup for Subcontractor fees 10% Markup for miscellaneous parts and supplies 15% Packet Pg. 1005 16.C.3.h Other Exhibit/Attachment Description: ❑ following this page (pages through _) ❑■ this exhibit is not applicable Page 17 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 1006 GOSSBAY-01 16.1C.3.i '4coRo CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1/8/2021 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. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. y IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed d .v 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). PRODUCER CONTACT Barbie Humbert NAME: �. Mulling Insurance Agency, Inc. PHONE FAX (A/C, No, Ext): (863) 967-4454 (A/C, No): (863) 967-7592 y P.O. Box 308 ADDRESS: barbieh@mullinginsurance.com y Auburndale, FL 33823 v INSURERS AFFORDING COVERAGE NAIC # INSURER A: Southern Owners Insurance Co. 10190 d INSURED INSURER B : Auto -Owners Ins. Co. 18988 Gossamer Bay Inc., Dba Universal Controls Instruments 15792 C INSURER C :Underwriters At Lloyd's Service Company R 1906 Lake Ariana Blvd. INSURER D : INSURER E : Auburndale, FL 33823 ca INSURER F : K 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 WVD POLICY NUMBER POLICY EFF MM DD YYY POLICY EXP MM DD YYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS -MADE X OCCUR X 72696000 5/1/2020 5/1/2021 DAMAGE TO RENTED PREMISES Ea occurrence 300,1 $ MED EXP (Any oneperson) $ 1 O'1 PERSONAL & ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 46W POLICYEl PECOT- LOC PRODUCTS - COMP/OP AGG $ 2,000,1 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,1 $ ' X BODILY INJURY Perperson) $ ANY AUTO X 4223137301 4/1/2020 4/1/2021 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED L NON -OWNED AUTOS ONLY AUTOS ONLY 1 $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,1 AGGREGATE $ EXCESS LIAB CLAIMS -MADE 4223137300 5/1/2020 5/1/2021 DED X RETENTION$ 10,000 $ 1,000,1 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Prof Liability PGOSS000420 1/5/2021 1/5/2022 Each Claim/Aggregate 1,000,1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more space is required) For any and all work performed on behalf of Collier County. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier Count are included as an additional insured with respect to General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to tF extent required by written contract. 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 ?,&i g ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 1007 .�CQ/t0 GOSSA-1 OP ID: JH CERTIFICATE OF LIABILITY INSURANCE I DATE(MMIDDNYYY) rnzp •-cm L miuA 1 E 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. Ili On WrAu'r• Lr 4�- - -- - •• --- I-- ....uwr is all gVViI IUNAL INSURED, the pollcy(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 endorsemen s). PRODUCER CONTACT Dershimer Insurance Agency E. Cheri Sfeigme er 190 Ave A NW PHONE $ti3- Winter Haven, FL 33881 C• No-E:Sjt� 299.8330 FAX No: 883-299-3879 Dave Dershimer E-MAIL ADD US: ENSURER S}_AFFORDING COVERAGE NAIC # INSURED Gossamer Bay — - INSURERA:FCBI DBA Universal Controls INSURERB: Instrument Service Co. INSURER C : Sharon Forrester INSURER 0: 1906 LkAriana Blvd Auburndale, FL 33823 INsuRERE: THIS IS TO CERTIFY THAT THE POLICIES -- OF INSURANCE rCtv151t7N NUMBER: o INDICATED, NOTWITHSTANDING ANY REQUIREMENT, LISTED BELOW HAVE BEEN TERM OR CONDITION ISSUED TO THE INSURED INSURED NAMED ABOVE FOR THE POLICY PERIOD ICY P BOOWIT CERTIFICATE MAY BE ISSUED OR MAY OF ANY PERTAIN, THE INSURANCE CONTRACT OR OTHER RESPECT TO THIS EXCLUSIONS AND CONDITIONS OF SUCH — - TYPE gFINBURANCE AFFORDED BY POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED ADDL SUT �� ! POLICYNUMBER THE POLICIES BY POLICYEFF D1 PAID CLAIMS. POLJ'CYEXP D HEREIN !S SUBJECT TO ALL THE TERMS, �p - V INSR LTR COMMERCIAL GENERAL LIABILITY 7D LIMITS CLAIMS -MADE OCCUR N EACH OCCURRENCE $ PREMISES Ea occurrence S E OGE'L - MED EXP (Any one person) S 7 L AGGREGATE LJMJTAPPLIES PER: PERSONAL & ADV fNJURY $ N GENERAL AGGREGATE $ POLICY ❑ PRO- LOC PRODUCTS -COMPIOPAGG CD $ 47 OTHER: SI AUTOMOBILE LIABILITY ANY AUTO Ea aocNdEerpitSINGL MIT$ G N ALLOWNED SCHEDULED BODILY INJURY (Perpersan) g AUTOS AUTOS HED BODILY INJURY (Per accident) S r HIRED AUTOS AUTOSNON-O AUTOS PerracGtlantt) - $ S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ N EXCESS LIA6 CLAIMS -MADE _ DED RETENTION $ AGGREGATE S r r 3 r WORKERS COMPENSATION A AND EMPLOYERS LABILITY OFFICERWEMSER EXANY CL.UC ECllTIVE Y� 10646837 03/21/2020 10312112 1 X STATiJTE ER (Mandatory to NH) NIA E1 E.L. EACH ACCIDENT $ 1,DG0,00I U E.L. DISEASE - EA EMPLOYE - __ fQ S 1,U00,00I ; f yes, aescnne under DESCRIPTION OF OPERATIONS below E.L. DI5EASE - POLICY LIMIT S 1.00GA Ir N DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE: THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County ACCORDANCE WITH THE POLICY PROVISIONS. Board of County COMMISsioners 3296 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples, FL 34112 Dave Dershimer 01988-2014 ACORD CORPORATION, All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg. 1008 16.C.3.j co 1uY coKlity Administrative Services Deparbnent Procurement Services t7ivision 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 terns and conditions, requirements, and specifications/scope of worm of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. 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 wort{ that is a result of this awarded contract. IN WITNESS WIIEREOF, WE have hereunto subscribed our names on this 19th day of August 20 20 in the County of Mobile , in the State of Alabama Firm's Legal Name: TriNova, Inc. 0 N Address: 2401 Drane Field Road City, State, zip Code: Lakeland, FL 33811 T ti Florida Certificate of F13000001319 c Authority Document o Number L Federal Tax 63-0517031 a Identification Number > *CCR # or CAGE Code C Z *Only if Grant Funded Telephone: (251) 378-7837 0 Ln ti Email: debra.kentCa).trinovainc.corn Signature by: Debra Kent (Typed and written) Title: Service Operations Manager ***UPDATED Jntvu Packet Pg. 1009 Additional Contact Information 16.C.3.j Send payments to: TriNova, Inc. (required if different from Company name used as payee above) Contact name: Amy Elms Title: Accounting Manager Address: 4485 Laughlin Dr. S. City, State, ZIP Mobile, AL 36693 Telephone: (251) 378-7837 Email: alaccounting@trinovainc.com Office servicing Collier TrINova, Inc. County to place orders (required if different from above) Contact name: David Ramsey Title: Municipal Sales Driver Address: 2401 Drane Field Road City, State, ZIP Lakeland, FL 33811 Telephone: (863) 738-4267 Email: david.ramsey@trinovainc.com Packet Pg. 1010 **kUPDATC� U JANU , 16.C.3.j Co ter County Administrative Services Department Procurement Services DWston 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), mecting(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. State of Alabama County of Mobile The IMC41,4— nginstrument w aclnowledged before of(month), ` (year), by Personally Know OR Produced Identification Type of Identification Produced TriNova, Inc. Company Name f 77 Signature Debra Kent! Service Operations Manager Print Name and Title tv means o phy Teal presence or El online notarization, this day "' p ..� (name of oersou ackmowledeina). Si nautuic of Notary rc , tate of Florida) Y THIA R JOHNSON Notary Public (Print, 1pe, o A (dame if Notary Public) My Commission Expires March 27, 2022 Packet Pg. 10171 `UPDATED aArru� , 16.C.3.j ;W Coew Cou-.ty Administrative Services Departnant Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firin and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program Qj tps,/Avww.e-vcrif gov/), 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 ivill be produced at the time of the submission of the Vendor's proposallbid or within five (S) 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. State of Alabama County of Mobile Th4oregoing,instrument was acknowledged before rAe by means of (month), (Year), by Personally Known 3 OR Produced Identification Type of Identification Produced TriNova, Inc. o Company Name ti 0 N Signature T ti Debra Kent t Service Operations Manager Print Name and Title presence or ❑ online notarization, this TEday A !name of Derson—acknow+ledgingI. Florida) CYNiHIA R JOFtN50N —Plet:apr-P�f�liE - % jsLqpt4Nam of Notary Public) My Commission Expires March 27, 2022 Packet Pg. 1012 "*UPDATED JANU , 16.C.3.j Co iew c01."ty Administrative Services Department Procurement Services Divisiorn 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. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its fa -in 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 ❑Collicr County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, Vendor will be required to provide documentation substantiating the information given in this 1- certification. Failure to do so will result in vendor's submission being deemed not applicable. Sign and Date Certification: Under penalties ofpej.Ly, 1 certrf Lthat the information, shown on this form is correct to my knowledge Company Name: Address in Collier or Lee County: Signature: Date: Title: Packet Pg. 1013 16.C.3.j Co Ter County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire USE ONE FORM FOR EACH REQUIRED REFERENCE Solicitation: 20-7750 Reference Questionnaire for: TriNova, Inc. (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Keith Merrill Company: City of Tampa (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: keith. net FAX: 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 I 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 Linn/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) 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 b Project administration (completed documents, fuml 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 ti rn 0 a 0 Q. M I 0 z �L h 0 Ln ti 0 N C d E z 0 r a Packet Pg. 1014 16.C.3.j co Ter Goanty Administrative Serrices Department Procurement Services Division Form 5 Reference Questionnaire USE ONE FORM FOR EACH kEQ UIRED REFERENCE Solicitation: 20-7750 Reference Questionnaire for: TriNova. Inc. (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Christian F. Collins (Evaluator completing reference questionnaire) Email: chris FAX: Company: Manatee County (Evaluator's Company completing reference) 941-792-8811 x8025 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 I 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: 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). 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 AbiItity 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 T ti rn 0 0. 0 Q. ca I 0 z 0 Ln ti 0 N �.i c d E z U 0 r a Packet Pg. 1015 16.C.3.j C e,r C;D14.-ftty .Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire USE ONE FORM FOR EACH REQUIRED REFERENCE Solicitation: 20-7750 Reference Questionnaire for: TriNova, Inc. (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name:William Kostka (Evaluator completing reference questionnaire) Email: Wi com FAX: Company:City of Clearwater (Evaluator's Company completing reference) :727-710-0466 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: Annual City Calibrations at .Plants Project Budget: $12,000 Completion Date: Sep 19, 2019 Project Number of Days: __3 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). 9 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 9 S Professionalism and ability to manage personnel. 9 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 9 7 AbiIity to verbally communicate and document information clearly and succinctly. 9 S Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 9 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 4 If r a Packet Pg. 1016 16.C.3.j Co ler County Adnihistrative Services Deparirtrent Pracurenient Services D ision Form S Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 20-7750 Reference Questionnaire for: TriNova, Inc. (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: George Pennell (Evaluator completing reference questionnaire) Email: FAX: Company: Peace River/ Manasota Regional W.S.A (Evaluator's Company completing reference) 1) 661-8639 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: Verification/Calibration of Various Meters Project Budget: Completion Date: August 31, 2020 Project Number of Days: 3 days Item Criteria Score must be completed) I Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 9 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 9 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 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 T ti M U) 0 0. 0 L Q. M 0 z H 0 Ln ti 0 N �.i C d E z U 0 a Packet Pg. 1017 16.C.3.j 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 exemoion. An application for exemption can be obtained online at.hops:l/apps.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 ISO form Injury 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 fi•om 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 $_500,000— Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ® Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage` (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $ _1,000,000_ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ 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, Packet Pg. 1018 8. ❑ Performance and Payment Bonds 16.C.3.j For projects in excess of $200,000, bonds shall be submitted with the executed 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. 0 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. 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. CollierCounty. shall. procure::and maintain Builders. Risk Insurance on all construction projects where :it: is deemed necessary. Such covcrage 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 orproject billings. All questions regarding Builder's Risk Insurance will be addressed by .the Collier 'County Risk Management Division. 518120 - 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 Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 2"5() (e T ti 0 0M 0 a c� i 0 z H 0 Ln ti 0 N c d E z U 0 a Packet Pg. 1019 16.C.3.j ACORL7� TRININC-01 CERTIFICATE OF LIABILITY INSURANCE JDEUPREE DATE (MMIDDIYYYY) 811912020 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 License # 231432 Hub International Gulf South 1141 Montlimar Drive Suite 2500 CONTACT Joy Deupree (AICO,NNo, Ext): (251) 602-9505 (AAIC, No):(251) 633-2822 ai�D"R'Lss:joy.deupree@hubinternational.com INSURERIS) AFFORDING COVERAGE NAIC q Mobile, AL 36609W INSURER A: Cincinnati Insurance Company..10677 _ _ INSURED m INSURERB:Sent Insurance a Mutual Company 24988 INSURER c : Evanston Insurance Company 36378 TriNova - Florida INSURERD: PO Box 190849 Mobile, AL 36619 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. €NSR LTRA TYPE OF INSURANCE ADDINS SUERSUER WVDPOLICY - NUMBER POLICY EFF POLICY EXP LIMITS X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 _ CLAIMS -MADE 0 OCCUR X EPP0532473 6/9/2020 6/912021 PREM SES0 a ocau a ca 600,000 MED EXP (Any one personj $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY [:�] 3,RO LOC EMPLOYEE BENEFI 3,000,000 OTHER: A AUTOMOBILE LIABILITY {Ea acccidentS€NCLE LIMIT $ 1,000,000 BODILY INJURY Pee erson $ ANY AUTO EBA0532473 6/9/2020 619/2021 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS Ix {P �eccRdmt AMAGE $ AiJT OS ONLY X A� 6 ONLY $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS -MADE EPP0532473 6/9/2020 6/912021 AGGREGATE $ 10,000,- DED I X I RPTENTION $ 0 B WORKERS COMPENSATION Y 1 N AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERtMEn tBER EXCLUDED? � HH)) NIA 9053212001 111/2020 1/1/2021 X STATUE OTH- F.L. EACH ACCIDENT 1,000,000 3 P.L.DISEASE-FAEMi'L4YE — $ 1,000,000 E.L, DISEASE - POLICY LIMIT 1,000,000 $ Ityes, describe under DESCRIPTION OF OPERATIONS below C Professional Liabili CPLMOL103221 619/2020 619l2021 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedute, may be attached if more space is required), For any and all work performed on behalf of Collier County It is agreed that Collier County Board of County Commissioners is included as an Additional Insured with respect to General Liability as required by written contract. Coverage In the General Liability policy is Primary and Non -Contributory. There is a 30 Day Notice of Cancellation except there is a 10 Day Notice of Cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier Count Board of Count Commissioners Y Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE a ACORD 25 (2016103) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1020 0 m r r"v_ Company ID Number:1215852 Client Company ID Number,1476001 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A WEE SERVICES E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS), the TriNova, Inc. (Employer), and the Web Services E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services E-Verify Employer Agent will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 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 E-Verify Employer Agent, the Social Security Administration (SSA), and DHS. References in this MOU to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. For purposes of this MOU, the E-Verify browser refers to the website that provides direct access to the E-Verify system: https://e-verify.uscis.gov/emp. You may access E-Verify directly free of charge via the E-Verify browser. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. Section 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 11 RESPONSIBILITIES r A. RESPONSIBILITIES OF THE EMPLOYER r 1. For purposes of this MOU, references to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 2. By enrolling in E-Verify and signing the applicable MOU, the Employer asserts that it is a legitimate company which intends to use E-Verify for legitimate purposes only and in accordance with the laws, regulations and DHS policies and procedures relating to the use of E-Verify. 3. The Employer agrees to display the following notices supplied by DHS (though the Web Services E-Verify Employer Agent) in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: A. Notice of E-Verify Participation B. Notice of Right to Work 4. The Employer agrees to provide to the SSA and DNS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 5. The Employer agrees to become familiar with and comply with the most recent version of theE-Verify User Manual, The Employer will obtain the E-Verify User Manual from the Web Services E-Verify Employer Agent, and will be notified by the Web Services E-Verify Employer Agent when a new version of the E-Verify User Manual becomes available. 6. The Employer agrees to comply with current Form 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 Page 1 of 17 1 P-Verify c40U for Employers Using a Web services Employer Agent I Revision Date 06/01/13 Packet Pg. 1021 a�A4 rv., Company ID Number:1215852 Client Company ID Number.1476001 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 [-9 procedures. A. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. B. DHS reserves the right to conduct Form 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, r meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The i Employer agrees to create an E-Verify case for new employees within three Employer business days after r 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- y Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in o order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of o unavailability, a 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify (through its Web Services E-Verify Employer Agent) for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 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 IILB below) to contact OHS 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 Page 2 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 1022 a5 �F"� 16.C.3.j Ve F"V- ri Yfs'M1� Company ID Number:1215852 Client Company ID Number:1476001 Employer obtains knowledge (as defined in 8 C.F.R. Section 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 (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 274E 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 274E of the INA or Title VII may also lead to the termination of Its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify (through its Web Services E- Verify Employer Agent) only to confirm the employment eligibility of employees as authorized by this MOU. S The Employer agrees that it will safeguard this information, and means of access to it (such as Personal Identification Numbers and passwords), to ensure that it is not used for any other purpose and as necessary LO to protect its confidentiality, including ensuring that it Is not disseminated to any person other than ti employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU c 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@uscfs.dhs.gov. Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA through its Web ServicesE-Verify CU p Employer Agent is governed by the Privacy Act (5 U.S.C, Section 552a(i)(1) and (3)) and the Social Security OL L_ Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any CL 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- p Verify, which includes permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to Z 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, Q 19. The Employer shall not make any false or unauthorized claims or references about its participation in E- ti Verify on its website, in advertising materials, or other media. The Employer shall not describe its services N as federally -approved, federally -certified, or federally-recogn!zed, 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. E E 20. The Employer shall not state in its website or other public documents that any language used therein has 0 been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior r written consent of DHS. Q 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 Page 3 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision date 06/01/13 Packet Pg. 1023 r . Irv: Company ID Number:1215852 Client Company ID Number:1476001 this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E- Verify according to this MOU. B. RESPONSIBILITIES OF THE WEB SERVICES E-VERIFY EMPLOYER AGENT 1. The Web Services E-Verify Employer Agent agrees to complete its Web Services interface no later than six months after the date the Web Services User signs this MOU. E-Verify considers your interface to be complete once it has been built pursuant to the Interface Control Agreement (ICA), submitted to E-Verify for testing, and approved for system access. 2. The Web Services E-Verify Employer Agent agrees to perform sufficient maintenance on the Web Services interface in accordance with the requirements listed in the ICA. These requirements include, but are not limited to, updating the Web Services interface to ensure that any updates or enhancements are incorporated no later than six months after the issuance of an ICA. Web Services E-Verify Employer Agents should be aware that this will require the investment of time and resources. Compliance with the requirements of the ICA must be carried out to the satisfaction of DHS and or its assignees. 3. The Web Services E-Verify Employer Agent agrees to provide to SSA and/or DHS the names, titles, addresses, e-mail addresses, and telephone numbers of the Web Services E-Verify Employer Agent representative who will access information, as well as ensure cooperation, communication, and coordination with E-Verify. In addition, Web Services E-Verify Employer Agents must provide to SSA and/or DHS the names, titles, addresses, and telephone numbers of its clients and their staff who will access information through E-Verify. Web Services E-Verify Employer Agents must ensure the contact information is updated with SSA and DHS whenever the points of contact change. 4, The Web Services E-Verify Employer Agent agrees to become familiar with and comply with theE-Verify User Manual and provide a copy of the most current version of the manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. The Web Services E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 5. The Web Services E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 6. The Web Services E-Verify Employer Agent agrees that any of its representatives who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. A. The Web Services E-Verify Employer Agent agrees that all of its representatives will take the c refresher tutorials initiated by E-Verify as a condition of continued use of E-Verify, including any N tutorials for Federal contractors, if any of the Employers represented by the Web Services E-Verify r Employer Agent is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Web Services E-Verify Employer Agent and 77 Employer from continued use of E-Verify. 7, The Web Services E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The Web Services E-Verify Employer Agent must promptly terminate an employee's E- Verify access if the employee is separated from the company or no longer needs access to E-Verify. 8. The Web Services E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by the E-Verify rules and regulations as modified from time to time. 9. The Web Services E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 10. The Web Services E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E- Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents. 11. The Web Services E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.2 below. 12. The Web Services E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web -Based Tutorial and all other published E-Verify rules and procedures. The Web Services E-Verify Employer Agent will createE-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Web Services E-Verify Employer Agent's attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three-day time period is not extended. In such a case, the Web Services E-Verify Employer Agent must use the E-Verify browser during the outage. Page 4 of 17 1 E-Verify MOLE for Employers Using a web Services Employer Agent I Revision pate 06/01/13 Packet Pg. 1024 FV Company ID Number:1215852 Client Company ID Number:1476001 13. The Web Services E-Verify Employer Agent agrees to ensure that all notices, referral letters and any other materials otherwise including instructions regarding tentative nonconfirmations, will be consistent with the most current E-Verify tentative nonconfirmation notices and referral letters, which are available on E-Verify's website. 14, The Web Services E-Verify Employer Agent agrees that any system or interface it develops will follow the steps for creating E-Verify cases and processing tentative nonconfirmations, as laid out in the ICA, this MOU and the User Manual, including but not limited to allowing an employer to close an invalid case where appropriate, allowing an employer to refer a tentative nonconfirmation only when an employee chooses to contest a tentative nonconfirmation (no automatic referrals), and referring a tentative nonconfirmation to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services E-Verify Employer Agent understands that any failure to make its system or interface consistent with proper E-Verify procedures can result in OHS terminating the Web Services E-Verify Employer Agent's agreement and access with or without notice. 15. When the Web Services E-Verify Employer Agent receives notice from a client company that it has received a contract with the FAR clause, then the Web Services E-Verify Employer Agent must update the company's E-Verify profile within 30 days of the contract award date. 16. If data is transmitted between the Web Services E-Verify Employer Agent and its client, then the Web Services E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the Web Services E-Verify Employer Agent. 17. The Web Services E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access toE-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at . Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E- Verify. 18. The Web Services E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms 1-9, employment records, and all records pertaining to the Web Services E-Verify Employer Agent's use of E-Verify, and to interview it and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. A. The Web Services E-Verify Employer Agent agrees to cooperate with DHS if DHS requests i information about the Web Services E-Verify Employer Agent's interface, including requests by DHS e to view the actual interface operated by the Web Services E-Verify Employer Agent as well as N related business documents. The Web Services E-Verify Employer Agent agrees to demonstrate for r DHS the functionality of its interface to E-Verify upon request. B. The Web Services E-Verify Employer Agent agrees to demonstrate, if requested by DHS, that it has 77 provided training to its clients that meets E-Verify standards. Training programs must provide a - focused study of the topics covered in the E-Verify User Manual and pertinent Supplemental Guides. o Furthermore, training programs and materials must be updated as E-Verify changes occur. The Web a Services E-Verify Employer Agent is encouraged to incorporate information from existing E-Verify 0- materials, materials, including the Enrollment Quick Reference Guide, the E-Verify Employer Agent Client a Handbook (formerly known as the Designated Agent Client Handbook), and existing tutorials and >I manuals into their training program, E-Verify also encourages the Web Services E-Verify Employer o Agent to supervise first-time use of the E-Verify browser or Web Services interface by its staff and ? Employer clients as part of any training program. The Web Services E-Verify Employer Agent agrees t- to submit its training program materials to DHS for review upon request. 0 Failure to provide adequate training could, in some instances, lead to penalties as described in ti 'Ir Article V.F.1, of this MOU. 19. The Web Services E-Verify Employer Agent shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Web Services E-Verify Employer Agent shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your Web Services E- Verify Employer Agent services and any claim to that effect is false. 20, The Web Services E-Verify Employer Agent shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Web Services E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHSIUSCIS (see ) and, other than pursuant to the specific terms of such license, may not Page 5 of 17 1 E-Verify MOU for Employers Using a web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 1025 nae �.., �41srRht iFv,. Company ID Number:1215852 Client Company ID Number.1476001 be used in any manner that might imply that the Web Services E-Verify Employer Agent's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DNS, USCIS, or E- Verify, 22, The Web Services E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The Web Services E-Verify Employer Agent shall ensure that the Web Services E-Verify Employer Agent and the Employers it represents carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The Web Services E-Verify Employer Agent should instruct the client to keep the Web Services E- Verify Employer Agent informed about any changes or updates related to federal contracts. It is the Web Services E- Verify Employer Agent's responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22,18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. A. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E- Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. B. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 r 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 y working in the United States, whether or not assigned to the contract. Such verification of new hires 0 must be initiated within three business days after the date of hire. An Employer enrolled as a o Federal contractor in E-Verify must begin verification of each employee assigned to the contract a within 90 calendar days after date of contract award or within 30 days after assignment to the MI contract, whichever is later. > 0 C. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state Z i 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 c choose to only verify new and existing employees assigned to the Federal contract. Such Federal LO contractors may, however, elect to verify all new hires, and/or all existing employees hired after ti November 6, 1986. Employers in this category must begin verification of employees assigned to the N 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. c D. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility aD E of all existing employees working in the United States who were hired after November 6, 1986, 0 instead of verifying only those employees assigned to a covered Federal contract. After enrollment, ;a Employers must elect to verify existing staff following DHS procedures and begin E-Verify Q 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 Page 6 of 17 1 E-Verify MOLT for Employers Using a web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 1026 -Vei It Z1,11ED r rv..,. ...... Company ID Number:1215852 Client Company ID Number:1476001 iii. The Employer has reviewed the information reflected in the Form 1-9 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 I1.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 ill. 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 Article II.C.5, but reflects documentation (such as a U.S. passport or Form I- 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 U 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 a) contracting requirements. E L D. RESPONSIBILITIES OF SSA N c 1. SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) o against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match ti the information in SSA's database. P 2. SSA agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent) 0 N through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to r 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. Section 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the E-Verify Employer Agent. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: A. Automated verification checks on alien employees by electronic means, and B. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process, 3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as Page 7 of 17 1 E-Verify MOU for Employers using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 1027 1 =516.C.3rV Veff .j ......_.::. Company ID Number:1215852 Client Company ID Number:1476001 an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer (through the E-Verify Employer Agent) a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice, 6. DHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent), and to limit access to such information to individuals responsible for the verification process, for evaluation of E- Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as ti directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide N them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer r 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. CU N 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative a nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the o employee may determine whether he or she will contest the tentative nonconfirmation. CL 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by M > E-Verify. The Employer must record the case verification number, review the employee information z 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, e 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. ti SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work N 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. (D t 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. r B. REFERRAL TO DHS r Q 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 Page 8 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 1028 rV Company ID Number:1215852 Client Company ID Number:1476001 contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation, 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days, 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 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 or the Web Services E-Verify Employer Agent for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. 77 ARTICLE V SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1. Software developed by Web Services E-Verify Employer Agents must comply with federally -mandated information security policies and industry security standards to include but not limited to: 2. Public Law 107-347, "E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA)," December 2002. 3. Office of Management and Budget (OMB) Memorandum (M-10-15), "FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management," April 2010. 4, National Institute of Standards and Technology (MIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). 5. International Organization for Standardization/international Electrotechnical Commission (ISO/IEC) 27002, Information Technology - Security Techniques - Code of Practice for Information Security Management. 6. The Web Services E-Verify Employer Agent agrees to update its Web Services interface to reflect system enhancements within six months from the date DHS notifies the Web Services User of the system update. The Web Services User will receive notice from DHS in the form of an Interface Control Agreement (ICA). The Web Services E-Verify Employer Agent agrees to institute changes to its interface as identified in the ICA, including all functionality identified and all data elements detailed therein. 7. The Web Services E-Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web Services interface if and when DHS requests such progress reports. Page 9 of 17 1 E-Verify MOU for Employers Using a web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 1029 Ire „N ��„�sF�•, 16.C.3.j rV, -Ver Wsia Company ID Number:1215852 Client Company ID Number;1476001 8. The Web Services E-Verify Employer Agent acknowledges that if its system enhancements are not completed to the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services User of the system update, then the Web Services User's E-Verify account may be suspended, and support far previous releases of E-Verify may no longer be available to the Web Services User. The Web in Services E-Verify Employer Agent also acknowledges that DHS may suspend the Web Services User's account after the six-month period has elapsed. > 9. The Web Services E-Verify Employer Agent agrees to incorporate error handling logic into its development U) or software to accommodate and act in a timely fashion should an error code be returned. 10. The Web Services E-Verify Employer Agent agrees to complete the technical requirements testing which is E confirmed upon receiving approval of test data and connectivity between the Web Services E-Verify Employer Agent and DHS. R 11. DHS will not reimburse any Web Services E-Verify Employer Agent or software developer who has expended Q. resources in the development or maintenance of a Web Services interface if that party is unable, or becomes unable, to meet any of the requirements set forth in this MOU. 12. Housing, development, infrastructure, maintenance, and testing of the Web Services applications may take L place outside the United States and its territories, but testing must be conducted to ensure that the code is a correct and secure. 13. If the Web Services E-Verify Employer Agent includes an electronic Form 1-9 as part of its interface, then it must comply with the standards for electronic retention of Form 1-9 found in 8 CFR 274a.2(e), o B. INFORMATION SECURITY REQUIREMENTS R 2L_ Web Services E-Verify Employer Agents performing verification services under this MOU must ensure that information that is shared between the Web Services E-Verify Employer Agent and DHS is appropriately protected N comparable to the protection provided when the information is within the DHS environment [OMB Circular A-130 Appendix III]. E To achieve this level of information security, the Web Services E-Verify Employer Agent agrees to institute the 3 following procedures; c 1. Conduct periodic assessments of risk, including the magnitude of harm that could result from theLO unauthorized access, use, disclosure, disruption, modification, or destruction of information and information ti ti s stems that support the operations and assets of the DHS, SSA, and the Web ServicesE-Verify Employer Y pp p Yc Agent and its clients; N 2. Develop policies and procedures that are based on risk assessments, cost-effectively reduce information security risks to an acceptable level, and ensure that information security is addressed throughout the life cycle of each organizational information system; r 3. Implement subordinate plans for providing adequate information security for networks, facilities, information CU systems, or groups of information systems, as appropriate; W 0 4. Conduct security awareness training to inform the Web Services E-Verify Employer Agent's personnel o (including contractors and other users of information systems that support the operations and assets of the a organization) of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; > 0 5. Develop periodic testing and evaluation of the effectiveness of information security policies, procedures, Z practices, and security controls to be performed with a frequency depending on risk, but no less than once per year; 0 6. Develop a process for planning, implementing, evaluating, and documenting remedial actions to address ti any deficiencies in the information security policies, procedures, and practices of the organization; c N 7. Implement procedures for detecting, reporting, and responding to security incidents; 8. Create plans and procedures to ensure continuity of operations for information systems that support the (D operations and assets of the organization; t 9. In information -sharing environments, the information owner is responsible for establishing the rules for appropriate use and protection of the subject information and retains that responsibility even when the Q information is shared with or provided to other organizations [MIST SP 800-37]. 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. 11. DHS reserves the right to audit the Web Services E-Verify Employer Agent's application. 12. Web Services E-Verify Employer Agents and Software Developers agree to cooperate willingly with the DHS assessment of information security and privacy practices used by the company to develop and maintain the Page 10 of 17 1 E-Verify MOU for Employers Using a web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 1030 16.C.3.j i""i 91, 410 V 1 r _rV, �J ya/�ll�f E Company ID Number:1215852 Client Company ID Number:1476001 software. C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1. Web Services E-Verify Employer Agents must practice proper Internet security; this means using HTTP over SSL/TLS (also known as HTTPS) when accessing DHS information resources such as E-Verify [NEST SP 800- 95j. Internet security practices like this are necessary because Simple Object Access Protocol (SOAP), which provides a basic messaging framework on which Web Services can be built, allows messages to be viewed or modified by attackers as messages traverse the Internet and is not independently designed with all the necessary security protocols for E-Verify use. 2. In accordance with DHS standards, the Web Services E-Verify Employer Agent agrees to maintain physical, electronic, and procedural safeguards to appropriately protect the information shared under this MOU against loss, theft, misuse, unauthorized access, and improper disclosure, copying use, modification or deletion. 3. Any data transmission requiring encryption shall comply with the following standards: A. Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256-bit encryption that has been validated under HIPS 140-2. B. NSA Type 2 or Type 1 encryption. 4. User ID Management (Set Standard); All information exchanged between the parties under this MOU will be done only through authorized Web Services E-Verify Employer Agent representatives identified above, 5. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not yet upgraded its interface to comply with the Federal Acquisition Regulation (FAR) system changes. In addition, Web Services E-Verify Employer Agents whose interfaces do not support the Form I-9 from 2/2/2009 or 8/7/2009 should also use the E-Verify browser until the system upgrade is completed. 6. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not completed updates to its system within six months from the date DHS notifies the Web Services E- Verify Employer Agent of the system update. The Web Services E-Verify Employer Agent can resume use of its interface once it is up-to-date, unless the Web Services E-Verify Employer Agent has been suspended or terminated from continued use of the system. D. COMMUNICATIONS 1. Web Services E-Verify Employer Agents and Software Developers agree to develop an electronic system that is not subject to any agreement that would restrict access to and use of by an agency of the United r States. T_ rl- le 2. The Web Services E-Verify Employer Agent agrees to develop effective controls to ensure the integrity, 77 accuracy and reliability of its electronic system. 3. The Web Services E-Verify Employer Agent agrees to develop an inspection and quality assurance program that regularly, at least once per year, evaluates the electronic system, and includes periodic checks of electronically stored information. The Web Services E-Verify Employer Agent agrees to share the results of its regular inspection and quality assurance program with DHS upon request. 4. The Web Services E-Verify Employer Agent agrees to develop an electronic system with the ability to produce legible copies of applicable notices, letters, etc. 5. All information exchanged between the parties under this MOU will be in accordance with applicable laws, regulations, and policies, including but not limited to, information security guidelines of the sending party with respect to any information that is deemed Personally Identifiable Information (PII), including but not limited to the employee or applicant's Social Security number, alien number, date of birth, or other information that may be used to identify the individual. 6. Suspected and confirmed information security breaches must be reported to DHS according to Article II.A.17. Reporting such breaches does not relieve the Web Services E-Verify Employer Agent from further requirements as directed by state and local law. The Web Services E-Verify Employer Agent is subject to applicable state laws regarding data protection and incident reporting in addition to the requirements herein. E. SOFTWARE DEVELOPER RESTRICTIONS 1. The Web Services E-Verify Employer Agent agrees that if it develops a Web Services interface and sells such interface, then it can be held liable for any misuse by the company that purchases the interface. It is the responsibility of the Web Services E-Verify Employer Agent to ensure that its interface is used in accordance with E-Verify policies and procedures. Page 11 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 1031 OEM in 16.C.3.j Mir -r._.-.•vtctu�r 11rV, Company ID Number:1215852 Client Company ID Number:1476001 2. The Web Services E-Verify Employer Agent agrees to provide software updates to each client who purchases its software. Because of the frequency Web Services updates, an ongoing relationship between the software developer and the client is necessary. 3. DHS reserves the right to terminate the access of any software developer with or without notice who creates or uses an interface that does not comply with E-Verify procedures. 4. Web Services Software Developers pursuing software development independent of serving clients as a Web Services E-Verify Employer Agent are not eligible to receive an ICA. At this time, E-Verify does not permit Web Services software development without also being a Web Services E-Verify Employer Agent or Web Services Employer, F. PENALTIES 1, The Web Services E-Verify Employer Agent agrees that any failure on its part to comply with the terms of the MOU may result in account suspension, termination, or other adverse action. 2. DHS is not liable for any financial losses to Web Services E-Verify Employer Agent, its clients, or any other party as a result of your account suspension or termination. ARTICLE VI MODIFICATION AND TERMINATION A. MODIFICATION L 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. U 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 y this MOU and will not cause the need for a supplemental MOU that outlines these changes. E L B. TERMINATION N c 1. The Web Services E-Verify Employer Agent may terminate this MOU and its participation in E-Verify at any c time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the ti Web Services E-Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days' written ti notice. The Web Services E-Verify Employer Agent may not refuse to terminate the Employer based upon an e N outstanding bill for verification services. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Web Services r E-Verify Employer Agent's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Web Services E-Verify Employer Agent or Employer, or a failure on the part of either party to comply with established E-Verify procedures and/or legal requirements. The rn Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason o may negatively affect the performance of its contractual responsibilities. Similarly, the Employer L_ understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may a negatively affect the Employer's business. 3. A Web Services E-Verify Employer Agent for an Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Web Services E-Verify Employer Agent must provide written notice to DHS. If the Web Services E- Verify Employer Agent fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees, 4. The Web Services E-Verify Employer Agent agrees that E-Verify is not liable for any losses, financial or otherwise, if the Web Services E-Verify Employer Agent or the Employer is terminated from E-Verify. ARTICLE VII PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services E-Verify Employer Agent, its agents, officers, or employees. Page 12 of 17 I E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 1032 s sin. AMW -V Yl.S1A1 Iry Company ID Number:1215852 Client Company ID Number:1476001 C. The Web Services E-Verify Employer Agent may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Web Services E-Verify Employer Agent or the Employer and any other person or entity regarding the applicability of Section 403(d) of lIRIRA to any action taken or allegedly taken by the Web Services E-Verify Employer Agent or the Employer. E. The Web Services E-Verify Employer Agent understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer, the Web Services E-Verify Employer Agent and DHS respectively. The Web Services E-Verify Employer Agent understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Web Services E-Verify Employer Agent, as the case may be, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-Verify Employer Agent. TriNova, Inc. (Employer) hereby designates and appoints Amy Kaplan (E- Verify Employer Agent), including its officers and employees, as the E-Verify Employer Agent for the purpose of carrying out (Employer) responsibilities under the MOU between the Employer, the E-Verify Employer Agent, and DHS. r 77 Page 13 of 17 1 P-Verify MOU for Employers using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 1033 rv, Company ID Number:1215852 Client Company ID Number:1476001 If you have any questions, contact E-Verify at 1-888-464-4218. Approved by: Employer !Name (Please Type or Print) .:: Title Signature Date E-Verify Employer Agent ADP, Inc. Name (Please Type or Print) Title Amy Kaplan Signature Date Electronically Signed August 24, 2020 Department of Homeland Security - Verification Division Name Title Signature Date Page 14 of 17 1 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 Packet Pg. 1034 Company ID NumberA215852 Client Company ID Number:1476001 Information Required for.the E-Verify Program Information relating to your Company: Company Name TriNova, Inc. 4485.Laughlin Drive Company Facility Address Mobile, AL 36693 PO Box 190849.:' Company Alternate Address Mobile, Ai_ 36619. County or Parish Mobile Bmployeradentification Number 63-0517031 North American. Industry Classification Professional Scientific, And Technical Services (541) Systems Code. Parent Company Number of Employees 100 to 499 Number of Sites Verified for. 18 Page 15 of 17 1 E-Verify MOU for Employers Using a Web Services Pmpioyer Agent I Revision Rate 061G /I3 Packet Pg. 1035 ee a�ir�, -Verl" rv; Company ID Number:1215852 Client Company ID Number:1476001 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: Alabama .2 Tennessee 1 Louisiana 2 . New York 1 . Florida ` 1 Puerto Rico 1 Page 16 of 17 i E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date USV01113 Packet Pg. 1036 r1rV_, Company ID Number:1215852 Client Company ID Number:1476001 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Sydney Tate Phone Number (251) 300-6834 Fax Number Email Address sydney.tate@trinovainc.com Name ` Sydney Tate Phone Number (251) 300-6834 Fax Number Email Address sydney.tate@trinovainc.com Page 17 of 17 i E-Verify MOU for Employers Using a Web Services Employer Agent i Revision Date 06/01/13 Packet Pg. 1037 8/19/2020 Detail by Entity Name 16.C.3.j DIVISION OF CORPORATIONS lY r �iY/ ;iLlri 0j . y� -'�� f�1� fif�fti.!! '1?Ill:• rfj f'lnlfr.�ff ;'.-f`iiit?,;, Department of State 1 Division of Corporations / Search Records / Search by EhIJ Nye 1 Detail by Entity Name Foreign Profit Corporation TRINOVA, INC. Filing Information Document Number F13000001319 FEIIEIN dumber 63-0517031 Date Filed 03/25/2013 State AL Status ACTIVE Principal Address 2401 DRANE FIELD ROAD LAKELAND, FL 33811 Changed: 08/05/2016 Mailing Address POST OFFICE BOX 190849 MOBILE, AL 36619 Registered Agent fume & Address WATSON, ROBERT V 2401 DRANE FIELD ROAD LAKELAND, FL 33811 Name Changed: 08/06/2016 Address Changed: 08/05/2016 Officer/Director Detail Name & Address Title P WATSON, ROBERT V 8828 DAWES LAKE ROAD MOBILE, AL 36619 Annual Reports Report Year Filed Date 2018 01 /16/2018 2019 04101 /2019 search,sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail7inquirytype=EntityName&d1rectionType= T ti to 0 0. 0 L Q. c� I 0 z F- 0 Ln I- 0 N c d E z U 0 a Packet Pg. 1038 1 8/19/2020 2020 Detail by Entity Name 04/14/2020 Document Images 04/14/2020 -- ANNUAL REPORT 04/01/2019 ANNUAL REPORT 0111612018 --ANNUAL REPORT 01131/2017-ANNUALREPORT 08/05/2016 -- Reg Agent Change 03/23/2016 -- ANNUAL REPORT 02/2712015 -- ANNUAL REPORT 0310112014 -- ANNUAL REPORT 03/25/2013 -- Foreign Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image iri PDF format Ff., ida ❑"j'�v'ilOf �I t'. {JIVis'roil 0 LOI!)i"lf i"r, a Pg. 1039 search.sunbiz,orgllnquirylCorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=TR1 Eacet ... 16.C.3.j Request for Taxpayer Give Form to the Farm Identification Number and Certification requester. Do not (Rev. October20181 Deparimenl of the Treasury send to the IRS. Internal Revenue Service Go to www.irs.gov/ForfnW9 for instructions and the latest information. f Name (as shown on your income tax raturn). Name is required on this line; do not leave this line blank, TRINOVA, MC 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal lax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to Cfoilowing seven boxes. certain entitles, not individuals: see o o instructions on page 3): ❑ Individual/sole proprietor or 0C Corporation ❑ S Corporation ❑ Partnership ElTrust estate m ti 0 single -member LLC Exempt payee code (if any) R 4 �'� ❑ Limited €lability 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 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) 'C a- u 4= another LLC that is not disregarded from the owner for U,S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner, '� ❑ Other (see instructions) ► fxppl.-4. 3CC aenh —.ra W.DsFde the US) N 5 Address (number, street, and apt, or sotto no.) Sea Instructions, Requester's name and address (optional) m 4485 LAUGHLIN DR S. 6 City, state, and ZIP code MOBILE, AL 36693 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) _ Enter your TIN in the appropriate box. The TIN provided must match the name given on tine 1 to avoid Sacral security number backup withholding, For individuals, this is generally your social security number (SSNHowever, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later, For other ontitiee it ie vni tr amnlnvnr irtentificaiinn number fEIN1. If you do not have a number. see How to qet a . 1 .1 ... TJN, later, or Note: If the account Is in more than one name, see the Instructions for line 1. Also see What Name and I ]Employer identification number !Number To Give the Requester for guidelines on whose number to enter. 6 3 — 0 '5 1 7 0 3 1 LEMU[ 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 Itom 2 above If you have been notified by the IRS.Ihat you are currently subject to backup withholding because you have failed to report all Interest and divldonds'on your (ax 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 nArequired tg9Nn the certlfi fyt.4n, but you must provide your correct TIN. Pee the instructions for (raft 11, later. Sign signature of Here I U.S. person 1- General I n stru cytio ns Section references are to the Internal Revenue Code unless otherwise noted. Future developments, For the latest Information about davelopmonts related to Form W-9 and its instructions, such as legislallori enacted after they were published, go to www.iis.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 numb& (A'TIN), 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 Ilmited to, the following. • Form 1099-INT (interest earned or paid) Data r • Form 1099-DIV (dividends, incl ding thole from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1009-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. 1f 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, 10231 X Form W-9 (Rev. 10-2018) Packet Pg. 1040 16.C.3.j 011� Ce 0�y Administrative Services Division Purchasing ADDENDUM #1 Memorandum Email: Lisa. Oien(a)colliercountyfl.goy Telephone: 239-252-8935 Date: 8/3/2020 From: Lisa Oien, Procurement Strategist To: Interested Parties Subject: Addendum #1 -- 20-7750 Instrument Calibration, Repair and Replacement Services This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 20-7750 ITB Instrument Calibration, Repair and Replacement Services • 20-7750 — Addendum #1 — Bid Opening Due Date inserted into the public Notice Section of the Solicitation document — Due Date September 4, 2020 n 20-7750 — ITB -Instrument Calibration 7.16.2020 (005) —removed 0 20-7750 — ITB - Instrument Calibration 8.3.2020 (006) — added 20-7750 — ITB - Instrument Calibration 7.16.2020 (005): LWITATION TO BID (ITB) NUMBER: PROJECTTITLE: t RwA1,AcPtAccwa1 and Sentr. PRE-DIDNLEETLNG: LOCATION: ..._..... ._._.. DUE BATE' LIA —mm—-—� BAD .... ___.._._......_—.._. PLACE OF DID OPENING: PROCURE\ILhTSFRVLCESD1VISI0N N'APLES_ FL AH2 20-7750 — ITB - Instrument Calibration 8.3.2020 (006): INAWAIION TO BID (rrB)ICCIIBER: 70., 77i0 --l' PROJECT TITLE: Inclnsn�enl [aSihr.�lloo. Benalr RrnL�remen[ and Senires PRE-BIDNIEETINQ \ LOCATION: DCIE DATE'. Seolrmber4. 2610 r-3:0P am PLACr: OF BID OPENING, PROCUREMENT 5ER\'ILLS DIVISION m95 TA1,RAN6 TRAIL FAST BLDGC-2 �Ii APIR FL i W Please acknowledge receipt of this Addendum and include with your bid. (Signature) TriNova, Inc. (Name of Firm) - q (I ?) �' oo'w Date If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F-Template —Addendum-rev 10-18-18 Packet Pg. 1041 16.C.3.j Email: Lisa.Oien�7a cnlliercnuntvfl.gov co ter Comity Administrative Services Division Purchasing ADDENDUM #2 Memorandum Telephone: 239-252-8935 Date: 8/25/2020 From: Lisa Oien, Procurement Strategist To: Interested Parties Subject: Addendum #2 — 20-7750 Instrument Calibration, Repair and Replacement Services This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 20-7750 ITB Instrument Calibration, Repair and Replacement Services 20-7750 -- Addendum #2 — Vendor Checklist section added in Solicitation which includes a request for reference forms (The Vendor checklist is an attachment in BidSync named - 1. Required Forms Revised 060720.docx) o 20-7750 — ITB - Instrument Calibration 8.3.2020 (006) — Removed to 20-7750 -- ITB - Instrument Calibration 8.25.2020 — Added 'NPIVDOAC C 5 eaa Veador should check offeachltem as We necessary action Is completed (please see, Vendor Check List).•• The Countyrequests tbat the reador submits uo fewer lban three (3) and no more Ihan ten{10) completed re7ereure far ,a how clients within the last fire (5) yea as whose projects area( a similar nature to this solicitation as A parf of lhdr proposal. Provide iaformodon on We projects completed by We vendor that best represent projects of $Imilar size, scope and Cowpleeity of" project slug Form 5 provided Iss BidSync as pae of Wa [tegnired Forws. Vendors may €nelude two (2) additional pages for each project to Illustrate aspects of the completed project that provides the infomvition to assess the experience of the Proposer on relevant project AWL 20-7750 — Addendum #2 — Replace Bid Schedule o Bid Schedule now includes a required forms list at the bottom 0 20-7750 - Bid Schedule 7.30.2020 - Removed 0 20-7750 — Bid Schedule 8.25.2020 - Added RegUlYe��oYtns ' ' � �Ges�No "° F.- s: Wed. nerlarartda S—R, Farm a: cone In ofrdsetesiCe IncanenAlt da,tt Fatm s: rmmeatauon wnae.0 C-1nution FdM e:vead[r5udpinel- total VeMeo rterereace Mr,dee3t fo—S: Reim—r—tlo—Ire .�....m,..-.�....__. €•ieor App3 lrable to Nis bed I Me end eanalor argvo-rments rwenry sunalz Pate Yendor W,1 Addendum(s) alas awmc Please acknowledge receipt of this Addendum and include with your bid. Ql�'l Date (Name of Firm) (Signature If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F-Template— Addendum -rev 10-18-18 Packet Pg. 1042 16.C.3.j Email: Lisa. Olen(o)colliercountyfl.gov o 71 Administrative Servides IWsion Purchasing ADDENDUM #3 Memorandum Telephone: 239-252-8935 Date: 8/25/2020 From: Lisa Oien, Procurement Strategist To: Interested Parties Subject: Addendum #3 — 20-7750 Instrument Calibration, Repair and Replacement Services This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 20-7750 ITB Instrument Calibration, Repair and Replacement Services 20-7750 — Addendum #3 — Prior Bid/Contract for this solicitation o Addendum #3 — RFQ and Bid Tab Annual and Semi -;Annual Meter Calibration -- addresses questions #2 in BidSync. acknowledae receipt of this Addendum and include with vour bid. (Signa�) �s Date r (Name of Firm) r If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. A Appendix F-Template—Addendum-rev 10-18-18 Packet Pg. 1043 16.C.3.j Email: Lisa. Oien colliercount fl. ov 7 r Cou71y Adrdnistrative Seervi6es Division Purchasdng ADDENDUM #4 Memorandum Telephone: 239-252-8935 Date: 8/27/2020 From: Lisa Oien, Procurement Strategist To: Interested Parties Subject: Addendum #4 — 20-7750 Instrument Calibration, Repair and Replacement Services This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 20-7750 ITB Instrument Calibration, Repair and Replacement Services 20-7750 — Addendum #4 — Price methodology and invoicing for Repairs and Replacement - the price exceeding limits for purchase receipts for parts and supplies is reduced. 0 20-7750 - ITB -- Instrument Calibrations 8/25/2020 Removed 0 20-7750 - ITB — Instrument Calibrations 8/27/2020 Added 2(a) Price Methodology and Invoicing for Repairs and Replacement Repairs and replacement work shall be quoted per the pricing structure on the Bid Schedule. Miscellaneous parts and supplies may be included on the quote. Markup for miscellaneous pants and supplies shall not exceed 15%. Copies of purchase receipts for individual items exceeding $500,00 $100.00 must accompany the Contractor's invoice submitted to the County for payment. Proof of list price of the new Instrument must be provided at invoicing. The invoice shall clearly reflect the discount off of list price value of the new instruments. Please acknowledge receipt of this Addendum and include with your bid. (Signatu (Name of Firm) �'�Jw Date If you require additional information, please post a question on BidSync on-line or contact me using the alcove contact information. Appendix F-Template --Addendum-rev 10-18-18 Packet Pg. 1044 16.C.3.j Bid Schedule 20-7750 Instrument Calibration, Repairs and Replacement Services Company Name: (Print) The Unit Price for Calibration /Revalidation will be inclusive of labor, materials parts, equipment, travel and all necessary resources needed and any required certification reports. Markup for miscellaneous parts and supplies shall not exceed 15%. Markup shall be limited to 10%for subcontractor fees. *Quanties are used for evaluation purposes only. CATEGORY A: ANALYZER Line Unit of Insert Unit *Quantity Total Line Value Item Measure Value 1 Analyzer Each $ 145.00 103 $ 14,935.00 Calibration / Revalidation 2 Confined Space Entry Fee Each $ 500.00 1 $ 500.00 Repair and Replacement Labor 3 Rate -Normal Business Hours Hour $ 125.00 192 $ 24,000.00 M-F, 7:00am - 5:00pm Except for County Observed Holidays Repair and Replacement Labor 4 Rate -Urgent Hour $ 187.50 30 $ 5,625.00 Outside of Normal Business Hours Unit Value Price is for Insert Evaluation Purposes.only percentage Discount Discount off of List Price for new S $ 3,000.00 0.00% $ 3,000.00 instrument purchases Category A Total Line Item $ 48,060.00 CATWO.R. B: FLOW METERS' Line Unit of .: Enserk. Unit *Quantity Total Line Value Item . Measure Value 1 Flow Meters Each $ 125.00 274 $ 34,250.00 Calibration / Revalidation 2 Confined Space Entry Fee Each $ 500.00 1 $ 500.00 Repair and Replacement Labor 3 Rate - Normal Business Hours Hour $ 125.00 32 $ 4,000.00 M-F, 7:00am - 5:00pm Except for County Observed Holidays Repair and Replacement Labor 4 Rate - Urgent Hour $ 187.50 10 $ 1,875.00 Outside of Normal Business Hours Unit Value Price is for.: Insert Evaluation Purposes only : Percentage D Scount i Miscount off of List Price for new 5 $ 3,000.00 0.00% $ 3,000.00 instrument purchases Category B Total Line Item $ 43,625.00 ti M N O 0. O Q. M I O Z �L H O Ln ti O N c d E z U M a Packet Pg. 1045 16.C.3.j Line Unit of Insert Unit *Quantity Total Line Value Item Measure Value : . Level Control 1 Calibration / Revalidation Each $ 125.00 23 $ 2,875.00 2 Confined Space Entry Fee Each $ 500.00 1 $ 500.00 Repair and Replacement Labor 3 Rate - Normal Business Hours Hour $ 125.00 40 $ 5,000.00 M-F , 7.00am - 5:00pm Except for County Observed Holidays Repair and Replacement Labor 4 Rate - Urgent Hour $ 187.50 10 $ 1,875.00 Outside of Normal Business Hours Unit Value Price is for Insert Evaluation Purposes only Percentage Discount Discount off of List Price for new 5 instrument purchases $ 3,000.00 0.00% $ 3,000.00 Category C Total Line Item 1 $ 13,250.00 1 Line Unit of Insert Unit *Quantity Total Line Value #em Measure Value Pressure 1 Calibration / Revalidation Each $ 126.00 34 $ 4,875.00 2 Confined Space Entry Fee Each $ 500.00 1 $ 500.00 Repair and Replacement Labor 3 Rate - Normal Business Hours Hour $ 125.00 40 $ 5,000.00 M-F , 7:00am - 5:00pm Except for County Observed Holidays Repair and Replacement Labor 4 Rate - Urgent Hour $ 187.50 10 $ 1,875.00 Outside of Normal Business Hours Unit Value Price is for Insert Evaluation Purposes only Percentage . Discount Discount off of List Price for new 5 instrument purchases $ 3,000.00 0.00% $ 3,000,00 Category D Total Line Item 1 $ 15,250.00 1 Form is Vendor Declaration Statement yes Form 2: Conflict of Interest Certification Affidavit Yes Form 3: Immigration Affidavit Certification Yes Form 4: Vendor Submittal - Local Vendor Preference Affidavit No Form 5: Reference Questionnaire Yes Ferro m Grant Forms rf _ppheablej - Not Applfcable to this bid Insurance and 8onding Requirements Yes E-Verify Yes SunSlz Page Yes Vendor W-9 Yes Addendum(s) yes Bid Schedule yes a Packet Pg. 1046 FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 20-7750 for Instrument Calibration, Repair and Replacement Services THIS AGREEMENT, made and entered into on this day of 2020 , by and between TriNova, Inc. authorized to do business in the State of Florida, whose business address is 2401 Drane Field Road Lakeland FL 33811 , (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 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 ❑ FNJ Invitation to Bid (ITB) ❑ gtgcr ' # 20-7750 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. n 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. 1047 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 01 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 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): ❑ , N GGRtraGtGF , T is au Grhei:Tzed. _r CD 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 o 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 CD > which it is not possible to accurately estimate the size of the project, or when it is expected �1 that the project requirements would most likely change. As a general business practice, o 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 reimbursableLO rl- documentation for the project. 0 N R 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 E 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 r r inventory or cost verification). a Page 2 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 1048 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. Z. •• • •Mw m all• . . • .L711. iMms.. - w. •• �. • •.• - =.�. • - . �. �.� .• �..- •a. • -M. • • • ....- • . .. - . .. • • ��...� L . �..�. - .. • -. w• �. 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 Fired Term Service Multi -Contractor Agreement 2017,008 (Ver.1) r T 77 v! L 0 0 z 0 U) rl- N r_ 0 E 0 r r a Packet Pg. 1049 Company Name, TriNova Inc. Address: 2401 Drane Field Road Lakeland FL 33811 Authorized Agent: Robert V. Watson President Attention Name & Title: Debra Kent, Service Operations Manager Telephone: 251-378-7837 E-Mail(s): Debra Kent(a-)trinovainc.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: Beth Johnssen Division Name: Wastewater Division Address: 4370 Mercantile Ave Naples, FL 34112 Administrative Agent/PM: Frank Inzano, Manager Telephone: 239-252-2597 E-Mail(s): Frank Inzano(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 Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 1050 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. R Business Auto Liability: Coverage shall have minimum limits of $ 500,000 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. on 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.I ) Packet Pg. 1051 D. FO-1 Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. 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 E provide County with certificates of insurance meeting the required insurance provisions. L 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 c o the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. LO Contractor shall also notify County, in a like manner, within twenty-four (24) hours after o 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 r 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. in L 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor M 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 t41 attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this o 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 theLO Contractor or anyone employed or utilized by the Contractor in the performance of this r_ Agreement. This indemnification obligation shall not be construed to negate, abridge or N reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. E This section does not pertain to any incident arising from the sole negligence of Collier r County. r a Page 6 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 1052 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 Wastewater 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. c 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following r component parts, all of which are as fully a part of the Agreement as if herein set out L) verbatim: Contractor's Proposal, Insurance Certificate(s), FE-1 Exhibit A Scope of Services, r Exhibit B Fee Schedule, ❑ 0 ITB/❑ Ot-h #20-7750 , including Exhibits, Attachments and Addenda/Addendum, ❑ se 3 quoted ❑ c 17. APPLICABILITY. Sections corresponding to any checked box ( ■) expressly apply to LO the terms of this Agreement. 0 N 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 -°a 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 o the firm from contact with County staff for a specified period of time; b. Prohibition by the z 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. LO r_ 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to a comply, at its own expense, with all federal, state and local laws, codes, statutes, E 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 a Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 1053 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) Packet Pg. 1054 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. ❑■ 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 Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) T ti aD c in 0 M r_ M >I 0 z 0 0 N a� E 0 r a Packet Pg. 1055 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. 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. o LO A. Contractor shall fully protect the Work from loss or damage and shall bear the cost ti N 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 c Contractor. y B. Contractor shall not load nor permit any part of any structure to be loaded in any o 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 Z 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. LO Pr 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from N specifications shall be approved in writing by the County in advance. aD 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 r change, Contractor shall submit an estimate of any cost or time increases or savings it a Page 10 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 1056 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 L 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 ci 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 L 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 o certified by the State of Florida. The mediation shall be attended by representatives of LO Contractor with full decision -making authority and by County's staff person who would o make the presentation of any settlement reached at mediation to County's board for N approval. Should either party fail to submit to mediation as required hereunder, the other r 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 y on all such matters. 0 s= aD 34. ❑ �e-V1h 1 t 0 z A —, -----+ Tho L e Eel'w. w w •. - ..... - w ww.- ME w- . w Page 11 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 1057 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. - - . - u < . ... . - .. - .. . 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 Term Service Multi -Contractor Agreement 2017.008 (Ver.1) T (D c 0 W >I 0 z .L 0 U) rl- r_ 0 E U 0 a Packet Pg. 1058 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.1) Packet Pg. 1059 16.C.3.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: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts & COLLIER COUNTY, FLORIDA Comptroller By: By: Burt L. Saunders Chairman (SEAL) Dated: Contractor's Witnesses: 4",- /A Contractor's First Witnes TType/print witness nameT' Contractor's Second Witness gyro. k-crj+ TType/print witness nameT Approved as to Form and Legality: County Attorney Print Name \A10PP TriNova Inc. Contractor 0 By: i�na u fe TType/print signature and titleT Page 14 of 17 Fixed Term Service Mul ti-Contractor Agreement 2017,008 (Ver.1) Q Packet Pg. 1060 Exhibit A Scope of Services F following this page (pages 1 through 4 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 1061 ITB# 20-7750 Instrument Calibration, Repair and Replacement Services EXHIBIT A -SCOPE OF SERVICES This Contract seeks to establish Contractor(s) to provide instrument calibration (or revalidation), repair and replacement services for planned and urgent work. This contract is awarded on a Primary/Secondary basis per category basis. Should the Primary Contractor fail to respond or perform per the contract requirements, the County will engage the Secondary Contractor. The County reserves the right at any tnne to use other contractors for the services described by requesting additional quotes or bids from other vendors (per the Board's Procurement Ordinance). The Contractor and employees shall comply with all Occupational Safety and Health Administration (OSHA) safety standards, rules and regulations, as well as all applicable Federal, State and local laws and regulations. The Contractor will supply all required safety equipment and employees who have completed a training class conforming to OSHA Confined Space Standard 29 CFR 1910.146 for performing work in confined space areas where applicable. The Contractor and employees shall keep the work site area free of debris and trash. Line items for each category include the following: • A unit price for Calibration/Revalidation • A unit price for confined Space Entry Fee • Labor Rate for Normal Business Hours • Labor Rate for outside of Normal business Hours • Discount Rate off of List Price for replacement instrument purchases 1. Calibration/Revalidation Services The Contractor(s) shall be required to provide annual, biannual, monthly, weekly and as -needed instrument calibrations, to be performed per the manufacturer and industry specifications for the instruments that will be calibrated. The below table is provided herein as a reference and includes the quantity, category of instrument, and frequency of calibration required for the instruments. Quantities and categories are subject to change as the utility system evolves. The County will provide updated information to the Contractor as required. Calibration Freauencv - total number per Category Line Item Category Annual As Needed Monthly Quarterly Semi -Annual Weekly Grand Total 1 Analyzer 30 6 20 20 12 15 103 2 Flow Meter 27 215 32 274 3 f Level Control 7 16 23 4 lPressure 13 4 26 1 39 Grand Total 77 221 20 20 86 115 439 The Contractor shall submit its proposed calibration schedule to the County for approval. The Contractor shall ensure that a certified calibration technician performs the calibration services. The Contractor shall furnish proof of the technician's certification upon request of the County. Pagel of 4 Exhibit A -Scope of Services Packet Pg. 1062 The Contractor will submit, example(s) of their calibration form(s) for each of the four (4) categories of instruments as listed above. Calibration forms should meet or exceed State and Local requirements for validation. The Contractor shall report any instrument performance issues immediately to the appropriate County Representative. The report shall be in writing describing the issue and digital images shall be included to support the issue (where appropriate). The Contractor shall provide within fourteen (14) calendar days after the service, a calibration certificate with each calibration to include the following information: serial number, manufacturer, location and all valid National Institute of Standards and Technology (MIST) traceable documentation concerning the measurement and test equipment used in the instrument calibration. L(a) Price Methodology and Invoicing for Calibration/Revalidation a a m Calibration and Revalidation will be performed for the Unit Price as listed on Exhibit B Fee Schedule. The Unit Price for Calibration /Revalidation will be inclusive of labor, materials pants, equipment, travel and all necessary resources needed and any r_ required certification reports.CD L a A confined space entry fee may be added in addition to the Unit Price for calibration/revalidation services, (where appropriate). Invoice shall reference Purchase Order number, Facility, instrument location, category of the instrument and unit price (as referenced on Exhibit B- Fee Schedule), date the calibration / revalidation was completed. L 2. Repairs and Replacement Installation Services V N a+ The Contractor shall provide all labor, tools, material, travel, equipment and safety items for repairing and replacing the various m types of instruments, including all requirements for confined spaces (where applicable). Repair and replacement services may E include, but not be limited to, field repair, removal, pick-up and delivery, replacement, disassembly, loaner equipment, inspection, condition report, failure analysis, start-up and training, calibration or revalidation with factory approved certification 5 documentation, including all test results and the associated Inspection and Reporting as listed below. Loaner Equipment 0 specifications must be submitted with the quote and approved in writing by the appropriate County Representative. ti 0 N Inspection: Inspect and test for electrical, mechanical and physical defects to the instrument equipment, support structures, conduits, grounds, electrical panels, cabinet locks, paint condition, or any other issues that may affect the reliability of the equipment. r Report: Determine cause of failure and provide written reports on findings including test results and measurement. Provide c written repair quote using the price structure on the Bid Schedule. The quote shall include a written recommendation with am appropriate justification on whether to repair or replace the equipment to the County Representative. CO) The Contractor shall supply the County all manufacturers documentation related to installation, maintenance, programming, instrument specifications, testing and OEM certifications as well as new calibration certificates within five (5) days after taI installation. c z Start-up and training shall be provided after the initial inspection, when requested by the County. H 0 Repairs and replacements shall be commence after receipt of an approved Purchase Order from the County. Repairs are to be Ln completed within the time outlined below in Section 3 (Response Time) unless an appropriate County Representative approves c an extension of time. The repair time extension approval must be in writing, signed and dated by the appropriate County N Representative and a copy of this signed and dated approval should be submitted with the invoice. CD The Contractor shall install new components that meet or exceed OEM specifications, when required. s 2 Recalibrations or revalidations shall be performed, and the results provided to the County within five (5) business days after each Q repair or replacement. Page 2 of 4 Exhibit A -Scope of Services Packet Pg. 1063 2(a) Price Methodology and Invoicing for Repairs and Replacement Repairs and replacement work shall be quoted per the pricing structure on the Bid Schedule. Miscellaneous parts and supplies may be included on the quote. Markup for miscellaneous parts and supplies shall not exceed 15%. Copies of purchase receipts for individual items exceeding $100.00 must accompany the Contractor's invoice submitted to the County for payment. Proof of list price of the new Instrument must be provided at invoicing. The invoice shall clearly reflect the discount off of list price value of the new instruments. A confined space entry fee may be added to the quote for repairs and replacements, (where appropriate). Markup shall be limited to 10% for subcontractor fees. Subcontractor fees must be in accordance with the Bid Schedule or lower A copy of the subcontractor quote or invoice must accompany the Contractor's invoice submitted to the County for payment. Invoice shall reference Purchase Order number, Facility, instrument location, category of the instrument (as listed on the Bid Schedule). The date of completion and whether the service was for a repair and/or replacement instrument(s). If the work was requested as an Urgent, this should be noted on the invoice. The invoice should clearly show costs as well as total hours multiplied by the hourly rate as listed on Exhibit B- Fee Schedule of this Agreement. Documentation supporting the invoice charges such as receipts / subcontractor invoices or quotes, proof of list price, County signed and dated approvals for Urgent work shall be attached to the invoice. 3. Response Time: z Normal business hours: Monday - Friday, 7:OOam-5:OOpm, except for County observed holidays. V N Non -Urgent (during normal business hours) c m • Contractor shall respond via phone call and/or email within two (2) hours after the request from the County has been 3 sent. • Inspection and written repair estimate/quote report shall be provided to the County within three (3) business days after 0 the initial request from the County was sent. ti • Repairs shall be completed within three (3) business days after the issuance of an approved Purchase Order unless c additional time is approved in writing by the requesting County Representative. ti Urgent (outside of normal business hours) 77 • The Contractor(s) shall provide an Urgent phone number to the County. The Contractor(s) shall update the County if this phone number should change. A representative of the Contractor(s) shall be available to return Urgent calls 24 hours per day, 365 days per year. • Contractor shall respond via phone call and/or email within thirty (30) minutes after the request from the County has been sent. • Inspection and written repair estimate report shall be provided to the County within twenty-four (24) hours after the request from the County was sent. A notation shall be made on the report clearly stating "Urgent" work. • Repairs shall be completed within twenty-four (24) hours after the issuance of an approved Purchase Order unless additional time is approved in writing by the requesting County Representative. 4. Warranty: The Contractor shall warranty all repairs / replacements performed by the Contractor, including material and workmanship, to operate within acceptable levels (as determined by the County) for a period of at least one (1) year from the date of the completed repair / replacement. Any repaired / replaced equipment by the Contractor which fails to operate accordingly for the duration of the warranty period shall be repaired or replaced by the Contractor without any additional cost to the County. The Contractor shall furnish, without cost to the County, all parts and labor necessary to complete a warranty repair. Page 3 of 4 Exhibit A -Scope of Services Packet Pg. 1064 5. Assignment of Work: The County will issue a Purchase Order (or blanket purchase order). No work shall be performed until the Contractor is in receipt of an approved Purchase Oder. A Purchase Order shall survive the Contract expiration to allow work to be completed. No new services will be requested after the expiration of the Contract. 6. Performance Measures: Time is of the essence. Any delay in performance, not approved in writing by an appropriate County Representative shall constitute a material breach of the contract. Page 4 of 4 Exhibit A -Scope of Servicesy 'cloll Packet Pg. 1065 Exhibit B Fee Schedule following this page (pages 1 through Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 4" Packet Pg. 1066 ITB# 20-7750 INSTRUMENT CALIBRATION, REPAIR AND REPLACEMENT SERVICES EXHIBIT B-FEE SCHEDULE TriNova, Inc. Contractor is will serve as Secondary Contractor for category A & B CATEGORY A: ANALYZER Line Item Unit Price 1 Analyzer $ 145.00 2 Confined Space Entry Fee $ 500.00 Line Item Time & Material Rate 3 Repair and Replacement Labor Rate - Normal Business Hours $ 125.00 4 Repair and Replacement Labor Rate - Urgent $ 187.50 5 1 Discount off of List Price for new instrument purchases N/A CATEGORY 8: FLOW METERS Line Item Unit Value 1 Flow Meters $ 125.00 2 Confined Space Entry Fee $ 500.00 Line Item Time &Material Rate 3 Repair and Replacement Labor Rate - Normal Business Hours $ 125.00 4 Repair and Replacement Labor Rate - Urgent $ 187.50 Unit Value Price is for Evaluation Purposes only 5 Discount off of List Price for new instrument purchases N/A CATEGORY C: LEVEL CONTROL Not Awarded CATEGORY D: Pressure Calibration Not Awarded Unit Price for calibration/revalidation will be inclusive of labor, materials parts, equipment, travel and all necessary resources needed and any required certification reports Markup for Subcontractor fees 10% Markup for miscellaneous parts and supplies 15% MCA Packet Pg. 1067 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.1) s` Packet Pg. 1068 TRININC-01 16.C.3.1 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1r1,,/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 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 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 oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 231432 CONTACT Joy Deupree NAME: Hub International Gulf South PHONE Fax 1141 Montlimar Drive (A/C, No, Et): (251) 602-9505 (A/C, No):(251) 633-2822 Suite 2500 ADDRESS:joy.deupree@hubinternational.com Mobile, AL 36609 INSURED A: Cincinnati Insurance Comoanv 110677 TriNova- Florida INSURER C:Evanston Insurance Company 35378 PO Box 190849 INSURER D : Mobile, AL 36619 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 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 WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000'I CLAIMS -MADE X OCCUR X EPP0532473 6/9/2020 6/9/2021 DAMAGE TO RENTED PREMISES Ea occurrence 500'1 $ MED EXP (Any oneperson) $ 10,1 PERSONAL & ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 POLICY PRO- 1 171 LOC PRODUCTS - COMP/OP AGG $ 2,000'I EMPLOYEE BENEFI $ 3,000,1 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,00091 $ X BODILY INJURY Perperson) $ ANY AUTO EBA0532473 6/9/2020 6/9/2021 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,1 AGGREGATE $ 10,000,1 EXCESS LIAB CLAIMS -MADE EPP0532473 6/9/2020 6/9/2021 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY OFFICER/MEIMBER/PARTNER/EEXCLUDED? ECUTIVE � (Mandatoryin NH) N / A 9053212001 1 /1 /2020 1l1 /2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1100011 $ E.L. DISEASE - EA EMPLOYEE $ 1,000'1 E.L. DISEASE - POLICY LIMIT 1,000'I $ If yes, describe under DESCRIPTION OF OPERATIONS below C Professional Liab CPLMOL103221 6/9/2020 6/9/2021 Per Claim/Aggregate 5,00091 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) For any and all work performed on behalf of Collier County Collier County Board of County Commissioners, or Board of County Commissioners in Collier County, or Collier County Government or Collier County included as additional insured with respect to General Liability and Automobile Liability on a primary and non-contributory basis if and to the extent require by the written contract. ICATE HOLDER Collier County Board of County Commissioners 3295 Tamiami Trail East 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 a ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 1069