Agenda 12/14/2021 Item #16D 3 (Resolution - Removing uncollectivle accounts receivables for the Library Division)16.D.3
12/14/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the removal of uncollectible accounts receivables in the
amount of $65,260.15 from the financial records of the Library Division within General Fund (001)
in accordance with Resolution No. 2006-252 and authorizes the Chairman to execute the attached
Resolution.
OBJECTIVE: To reflect proper accounts receivable balances in the County's financial records by
writing off uncollectible debt in the amount of $65,260.15.
CONSIDERATIONS: A review of accounts receivable for the likelihood of collection is required by
Resolution No. 2006-252 during each fiscal year-end. Following diligent efforts to collect these past
amounts, including mailed notices, telephone calls, and locking patron library accounts from further use,
the Library Division has determined that the identified receivables attached to this Executive Summary
are uncollectible. These transactions have been in accounts receivables with collection efforts for at least
(5) five years.
The Division collected $428,268.58 in lost materials, processing fees, and overdue fines for FY 2016-
2017. Of the over 2.2 million library materials checked out during FY 2016-2017, approximately 0.12%
were not returned by borrowers. 99.88% were returned. The value of the materials and the processing fees
incurred on these materials is $28,627.95. Additionally, $36,632.20 in overdue fines was not paid on
20,766 materials that were returned late by library patrons. The total amount unpaid is $65,260.15.
This review is performed annually by the Library Division staff in compliance with Resolution No. 2006-
252.
FISCAL IMPACT: An allowance for uncollectible accounts will be charged to remove the total amount
of $65,260.15 from the Library Division general fund budget.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: To approve and authorize the removal of uncollectible accounts receivables in
the amount of $65,260.15 from the financial records of the Library Division in accordance with
Resolution No. 2006-252 and authorizes the Chairman to execute the attached Resolution.
Prepared By: Tanya Williams, Director, Library Division
ATTACHMENT(S)
1. FY 2017 Aged Accounts Report (XLSX)
2. Resolution - Library 2021 remove aged accts receivable_JAK (PDF)
3. Resolution 2006_252 (PDF)
Packet Pg. 1533
16.D.3
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.3
Doe ID: 20592
Item Summary: Recommendation to approve and authorize the removal of uncollectible accounts
receivables in the amount of $65,260.15 from the financial records of the Library Division within General
Fund (001) in accordance with Resolution No. 2006-252 and authorizes the Chairman to execute the
attached Resolution.
Meeting Date: 12/14/2021
Prepared by:
Title: — Public Services Department
Name: Todd Henry
11/08/2021 9:48 AM
Submitted by:
Title: Department Head — Public Services Department
Name: Dan Rodriguez
11/08/2021 9:48 AM
Approved By:
Review:
Library
Tanya Williams
Additional Reviewer
Operations & Veteran Services
Kimberley Grant
Additional Reviewer
Operations & Veteran Services
Jeff Newman
Additional Reviewer
Public Services Department
Todd Henry
Public Services Department
Public Services Department
Dan Rodriguez
PSD Department Head
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
Growth Management Operations Support
Christopher Johnson
County Manager's Office
Geoffrey Willig
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
11/08/2021 10:14 AM
Completed
11/08/2021 12:04 PM
Completed
11/08/2021 2:22 PM
Completed
11/09/2021 11:14 AM
Completed
11/16/2021 11:38 AM
Completed
11/16/2021 11:40 AM
Completed
11/18/2021 9:50 AM
Additional Reviewer Completed
Completed
12/03/2021 1:16 PM
12/14/2021 9:00 AM
Packet Pg. 1534
16.D.3.a
Overdue Fines, Fees and Materials Not Returned
FY 2016 - 2017
Fees Owed/Materials Not Returned
Fines Only (Overdues)
FY17 System -wide Circulation
Number of Items Overdue/Fines
Not Paid
17,791
Total
2,222,309
$ 28,627.95
$ 36,632.20
65,260.15
Number of Items I Percentage of items checked -out, but
Not Returned not returned
2,646 0.12
Packet Pg. 1535
RESOLUTION NO.2021-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO REMOVE AGED ACCOUNTS
RECEIVABLE FROM ACTIVE ACCOUNTS RECEIVABLE, FINDING THAT
DILIGENT EFFORTS HAVE BEEN MADE TO RECAPTURE THE FUNDS AND
THE FUNDS ARE NOT COLLECTIBLE OR OTHERWISE REQUIRE
REMOVAL FROM THE FINANCIAL RECORDS OF THE LIBRARY DIVISION.
WHEREAS, pursuant to Resolution 2006-252, the Board of County Commissioners (Board) has
established a procedure to remove past due accounts from active accounts receivable where diligent efforts
at collection have proved unsuccessful; and
WHEREAS, Collier County Public Library Division diligently attempted, without success, to
collect on past due accounts totaling $28,627.95 for materials not returned and service fees, and $36,632.20
for overdue fines of materials returned by patrons listed within active accounts receivable records; and
WHEREAS, all items requested for removal are aged at least five years; and
WHEREAS, the Library Advisory Board is recommending that the Board remove past aged
accounts receivable from active accounts receivable.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board finds that the Collier County Public Library Division has made diligent efforts to collect
the total debt amount by researching the balances and reviewing any applicable records for further
information.
2. Despite diligent efforts, the Library Division is notable to collect the debts of materials not returned
and service fees of $28,627.95 or the $36,632.20 in overdue fines that were not paid on materials returned
by patrons.
3. The Board finds that the total amount of $65,260.15 may be removed from active accounts
receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution.
THIS RESOLUTION ADOPTED after motion, second and majority vote, this day of
, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
am
, Deputy Clerk
Appro Je4 ILt, feME and legality:
Jeffrey.`. K*tzkow, County Attorney
2021 Resoltio4-Uncollectible Fines and Fees Collier County Public Library
51
Penny Taylor, Chairman
Packet Pg. 1536
16.D.3.c
RESOLUTION NO. 2006_ 252
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
APPROVING PROCEDURES FOR MANAGING
MISCELLANIOUS RECEIVABLES
WHEREAS, it is the responsibility of each department to manage the collection
of miscellaneous accounts receivable.
WHEREAS, the Independent Auditor's Management Letter prepared by KPMG
for the fiscal year ending September 30, 2004 revealed the following system wide
deficiency, "the Board of County Commissioners does not follow-up on delinquent
miscellaneous receivables. "
WHEREAS, on February 8, 2006, County Manager James V. Mudd informed the
Inspector General of the State of Florida, Ms. Annette C. Kittrell, that a procedure to
monitor delinquency and collectabilty of miscellaneous receivables, including a write-off
procedure, will be implemented by September 30, 2006.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
The Board of County Commissioners hereby approves these Procedures for
Managing Miscellaneous Receivables.
THIS RESOLUTION is adopted after motion, second, and majority vote
favoring adoption this,2& m day of h 6pr 2006.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By
4 AS
i �: Frank Halas, Chairman
$IQn tArt �tr
Approve and legal sufficiency:
r .,
L4 AA OL, A ,J
illiam Wountford, Assi t County Attorney
Packet Pg. 1537
16.D.3.c
DRAFT
Procedures for Managing Miscellaneous Receivables
It is the responsibility of each department to manage the collection of their accounts
receivable. The following shall be collection procedures for managing miscellaneous
receivables. This procedure excludes those areas covered elsewhere by resolution,
ordinance, and/or by separate policy.
A. A past -due notice will be sent 30-days after due date.
B. 30-days after the first past due notice is sent (60-days past original due date) a
second past due notice will be sent.
C. After a 10-day grace period following the second past due notice (70-days past
original due date), the account will be sent to the county's contracted collection
agency.
D. When, at any stage during the billing and collection procedure, a notice is
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returned because the Postal Service can not effectuate delivery, staff shall make
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reasonable efforts to ascertain the correct mailing address.
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u_
E. Nothing contained in this section shall preclude reasonable telephone or other
appropriate contact for billing and collection purposes, in accordance with
applicable laws.
J
F. A reasonable and customary payment plan may be made available to all service
recipients or reasonable parties. Should the service recipient or reasonable party
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at any point fail to meet the terms or conditions of the payment plan, the unpaid
balance shall be administered in accordance with this section.
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G. Prior to the end of each fiscal year, county department directors shall review all
to
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past due accounts and approve the discontinuance of collection efforts for those
receivables that appear to be uncollectible, and report such accounts to the Board
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of County Commissioners.
H. The Board may, after reviewing these past due accounts and after finding that
diligent efforts at collection have proved unsuccessful, remove these past due
accounts from active accounts receivable in accordance with generally accepted
accounting procedures and pursuant to law by Resolution.
Packet Pg. 1538
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ate. Ntay / 9 20,20
'Kit" W�j JULMOW9
Procurement Services
Minutes & Records Department
Automation Energy Management Services"
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Item #16C9) adopted by the Board of County Commissioners on Tuesday,
kpril 28, 2020.
he Board's Official Records.
ULIImU NIK UI KAVV KUIA Mr.1tiVir.111
I zl� I U Z14
rHIS AGREEMENT, made and entered into on this 990 day of 20)05 by
and
)etween Juice Technologies, Inc. D/B/A Plug Smart I
authorized to do business in the State of Florida, whose business address is
1040 Collier Center Way, Suite 12, Naples, FL 34110 (the "Contractor")
nrl ('n1liar (.nHnt n nlitirpi qHhrjix/iqinn of the State of Florida (the "County" or "Ownerl:
I
�] F upon the date of Board approval eF on and terminating five
5 year(s) from that date or until all outstanding El Purchase Order(s) F] Work Order(s)
issued prior to the expiration of the Agreement period have been completed or terminated.
rider all of the terms and conditions contained in this greementfor two additional
two 2 year(s) periods. The County shall give the Contractor written notice of the
'ounty's intention to renew the Agreement term prior to the end of the Agreement term then in
ffect.
he terms and conditions contained in this Agreumem lor Up LID one Hundred and eIgHLY k I UU)
ays. The County Manager, or his designee, shall give the Contractor written notice of the
�ounty's intention to extend the Agreement term prior to the end of the Agreement term then in
ffect.
CA W
42T TC"C:KIT nC IAI DV Thin (rwnfrnrfr&%r chnil rrwirlin cinn/irpq in accordance with the terms
QtheF I ) # 19�7592 �)
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to
herein and made an integral part of this Agreement. X The Contractor shall also provide services
in accordance with Exhibit A � Scope of Services attached hereto.
3.1 This Agreement contains the entire understanding between the parties and any modifications
ounty's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time
uch services are authorized.
Page I of 33
.2 The execution of this Agreement shall not be a commitment to the Contractor to order any
I M a
ninimum or maximum amount. The County shall order items/services as required but makes no
uarantee as to the quantity, number, type or distribution of items/services that will be ordered or
6
equired by this Agreement.
03 LIM I he procedure Tor obtaining VVorK under MIS greement is OUL11"CU 1" A I I
A Services attached hereto.
A
pon receipt of a proper invoice and upon approval by the County's Contract Administrative
\gent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the
Local Government Prompt Payment Act S) 9
NEWVANOMEMEA&M 111111 4M. HMO. .4 0
M A 0 ; A fi f; A +n+ol rir�dn
Tom the County to the conLraCLor; and, as a business plak� %�u Y
nvoices presented, rather, the contractor must perform to the satisfaction of the County s project
nanager before payment for the fixed price contract is authorized.
F 'I I
E Time and Materials: The Countv aarees to r)av the contractor for the amount of labor time
Y
imes hourly rate), and for materials and equipment used in the project (cost of materials plus the
ontractor's markup). This methodology is generally used in projects in which it is not possible to
ccurately estimate the size of the project, or when it is expected that the project requirements
vould most likely change. As a general business practice, these contracts include back�up
ocumentation of costs; invoices would include number of hours worked and billing rate by
osition (and not company (or subcontractor) timekeeping or payroll records), material or
nkquipment invoices, and other reimbursable documentation for the project.
o
01 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including
abor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e.
a
nstallation price per ton, delivery price per package or carton, etc.). The invoice must identify the
Anit price and the number of units received (no contractor inventory or cost verification).
42 Any County agency may obtain services under this greemenL, provided SUHIGIUM UH S
re included in their budget(s).
03 Payments will De made Tor services lurnISHed, deliveie , OH Ctk�%auij K:; I utj%*i V
ipproval of invoices submitted on the date of services or within six (6) months after completion of
he Agreement. Any untimely submission of invoices beyond the specified deadline period is
;ubject to non�payment under the legal doctrine of "laches" as untimely submitted. Time shall be
Jeemed of the essence with respect to the timely submission of invoices under this Agreement.
MMI Muff" a
Kai
M a � a M
3ALES TAX
WILH Me Au, U1 FU UHO qh� I %� I V r
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�801 5966531 C a
60 NOTICES, All notices from the County to the Contractor shall be deemed duly served if mailed
Company Name: Juice Technologies, Inc. D/B/A Plug Smart
NaDles, FL 34110
Page 3 of 33 MultkContractor Av
uthorized gent:
\ttention Name & 1
relephone:
::�Mail(s):
H
Rich Housh, CE
itle: Axel Korn, Senior Project Manager
(800) 518�5576 / (239) 877�2515
axel.horn@plugsmart.com
\11 Notices Trom the Uontractor to Me CounLy SHall be dee, i ie U Y Oul VO I I 10 16; U I I I I CA %o
the County to:
oaid ol UUH Y U1 Y I
)ivision Director: Damon Grant
)ivision Name: Facilities Management Division
relephone:
&Mail(s):
Plnrlr4n qA119
I
39) 252�8247
ohn McCormick(d)colliercountvfl,aov
he other party written notification, All notices under this Agreement must be in writing.
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
for the prosecution of the Work shall De obtained Dy the Contractor. I He CounLy ill HUL C;
obligated to pay for any permits obtained by Subcontractors.
Qck mont fr)r �ill QHrh permits issued by the Countv shall be orocessed internally by the County.
\11 non�County permits necessary Tor the proseCULIon ol 1HU VVUl 0 C3 V JJ1V%aUR;; C4 V
)y the Contractor, The Contractor shall also be solely responsible for payment of any and all
axes 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
�mployer with respect to persons employed by the Contractor.
N IMPROPER USE, The Contractor will not use, nor suffer or permit any person to use in any
I I
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 twenty4our (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to continue
Page 4 of 33
PAPROON
ntil the violation is cured. The Contractor further agrees not to commence operation during the
uspension period until the violation has been corrected to the satisfaction of the County.
0. TERMINATI N. Should the Contractor be found to nave Tailed to perform HIS services in a mallne,
satisfactory to the County as per this Agreement, the County may terminate said Agreement for
9
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.
n the evenl. LHaL Me County te,111111CUUZ, L 0 1 %J" IG4 ly zi
hall be limited to that portion of the Agreement Amount earned through the date of termination.
Fhe Contractor shall not be entitled to any other or further recovery against the County, including,
)ut not limited to, any damages or any anticipated profit on portions of the services not performed.
sex, color, creed or national origin.
3er Occurrence, $ 2�0001000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors; Products and
D
..ompleted Operations and Contractual Liability.
I
Dccurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
hall include: Owned Vehicles, Hired and Non�Ownecl Vehicles and Employee Non�Ownership.
ompliance with the applicable state and federal laws.
I I I ; k;l;+ ;+k rninirn"m limit nf 4t 1 000 000 for each
ccident.
ok Ilk A k +hn (nn+rnr+nr fn imnQllrim its legal liability for
laims arising out of the pellormance ol Pl Ulr,"0,Z> U110 OUI Vlk��,O U" v�l
0
vaives its right of recovery against County as to any claims under this insurance, Such insurance
hall have limits of not less than $ 1,000,000 each claim and aggregate.
FOE r. har Liability: Coverane shall have minimum limits of $ 1,000,000.per claim.
L I I
Special Requirements: Colli
older and included as an "Additional Insured" on the Insurance Certificate for Commercial
eneral Liability where required. This insurance shall be primary and non�contributory with respect
o any other insurance maintained by, or available for the benefit of, the Additional Insured and
he Contractor's policy shall be endorsed accordingly.
Page 5 of 33 Multi -Contractor Award Agreement 2017,006 Ver.1
W
older and included as an "Additional Insured" on the Insurance Certificate for Commercial
eneral Liability where required. This insurance shall be primary and non�contributory with respect
o any other insurance maintained by, or available for the benefit of, the Additional Insured and
he Contractor's policy shall be endorsed accordingly.
Page 5 of 33 Multi -Contractor Award Agreement 2017,006 Ver.1
W
,urrent, valid insurance policies meeting the requirement herein identified shall be maintained by
,000ntractor during the duration of this Agreement. The Contractor shall provide County with
ertificates of insurance meeting the required insurance provisions, Renewal certificates shall be
ent to the County thirty (30) days prior to any expiration date. Coverage afforded under the
olicies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written
otice, or in accordance with policy provisions. Contractor shall also notify County, in a like
nanner, within twenty4our (24) hours after receipt, of any notices of expiration, cancellation, non�
enewal or material change in coverage or limits received by Contractor from its insurer, and
othing contained herein shall relieve Contractor of this requirement to provide notice.
UHLICIULUI C.) C1 UHOUIC; a 0 ou %�W
he Contractor is required to meet.
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.
0
ndemnify, and the duty to defend exists regardless OT any ultimate hability of the uonl.raMor,
,,ounty and any indemnified party. The - duty to defend arises immediately upon presentation of a
laim by any party and written notice of such claim being provided to Contractor, Contractor's
bligation to indemnify and defend under this Article 13 will survive the expiration or earlier
ermination of this Agreement until it is determined by final judgment that an action against the
'ounty or an indemnified party for the matter indemnified hereunder is fully and finally barred by
he applicable statute of limitations.
kGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
CounLy UY L"%�, GtU KoO. CM 11 -
5 C NFLICT OF INTEREST, Contractor represents that it presently has no interest and shall
performance of services required hereunder. Contractor further represents that no persons
having any such interest shall be employed to perform those services.
Contractor's Proposal, Insurance Certificate(s), OR Exhibit A Scope of Services, MR Exhibit B Fee
W RFP/ 4T.WR QtheF # 19J592
Schedule, A
including Exhibits, Attachments and Addenda/Addendum, FM subsequent quotes and
'I Exhibit C�2 Public
corresponding contract documents, FMJ Exhibit C�l Public Payment Bond, FM
Page 6 of 33 MultkContractor Award Agreement 2017,006 Ver. 1
'I Exhibit D Release and Affidavit Form, Exhibit E Form of Contract
3erformance Bond, FM FM
'I Exhibit F Change Order, FM Exhibit G Certificate of Substantial
\pplication for Payment, FE
�] Exhibit H �Certificate of Final Completion, M Exhibit I Warranty, and the
'ornpletion, FM El Q F
::)(hibit/Attaehmento
7, PPLICABILITY. Sections corresponding to any cneCKea box km) expressly apply LO Me terms
of this Agreement.
08 rrm rMl I I No IL is lurl.1le, UHUtV1Z)LLJU CM OUIVU Y CAH qzw %:;-r Nmo H %,o
herein that this Agreement is subject to appropriation by the Board of County Commissioners.
ut
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 111, 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.
formally acknowledging without exception or stipulation that it agrees to comply, at its own
expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and
requirements applicable to this Agreement, including but not limited to those dealing with the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq, and regulations
relating thereto, as either may be amended; taxation, workers' compensation, equal employment
and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and
the Florida Public Records Law Chapter 119, including specifically those contractual requirements
at F.S. § 119.0701(2)(a)�(b) as stated as follows:
E2 M I Is%. C ADDI lt*%A Irl rl 9:
N%HAPTER 119, FLORIDA S A TE TO Ht UUN KAU UK UU I T I U
so
DROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
M
"`USTODIAN OF PUBLIC RECORDS AT.
04;1zl 141111110111111 1011 CIO I Ulu
"F 7
Telephones (239) 252=8383
1. Keep and maintain public records required by the public agency to perform t
agency with a copy of the requested records or allow the records to beinspected or copied
Page 7 of 33 t qn4 7 MP % / I
within a reasonable time at a cost that does not exceed the cost provided in this chapter
or as otherwise provided by law.
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.
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.
otify the County in writing. Failure by the Contractor to comply with the laws referenced herein
hall constitute a breach of this Agreement and the County shall have the discretion to unilaterally
erminate this Agreement immediately.
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.
provide Payment and PerTormance Bonds.
31 When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a
security guaranteeing the performance of the Contractor's work and the payment by the
Contractor to any other party(ies) providing labor and/or materials in connection with each
construction or renovation project performed by the Contractor. The bonds shall be
furnished using the forms prescribed in Exhibit "C�11 and Exhibit "C�2",
If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business in the State of Florida, terminates or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5)
calendar days thereafter, substitute another bond and surety, both of which shall be subject
to the Owner's approval.
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Page 8 of 33 Multi -Contractor Award Agreement 2017,006 Ver.1
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excess of thirty (30) days, the Contractor may request to receive rrogress raymenLS.
Subsequent to the first payment, Contractor must provide Owner with a fully executed Release
and Affidavit in the form attached hereto as Exhibit 19 D 7) as a condition precedent to release of each
progress payment. All applications for payment, whether for full payment or a progress payment
shall be in writing, and in substantially the form attached hereto as Exhibit "E."
9 D VRIIC=KITQ AAIITWWI=l r) %Ainor may decline to approve anv annfication for oavment, or portions
LHereol, because o u two Ivu U1 ImaVIII14 %�f I zj r I
discovered evidence or subsequent inspections, The Owner may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise
due to Contractor under this Agreement or any other Agreement between Owner and Contractor,
to such extent as may be necessary in the Owner'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; ( 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, Owner may, after three (3) days
Page 9 of 33 MultkContractor Award Agreement 2017,006 Ver, 1
r�J
ue Contractor the amount of any liquidated or unliquidated obligations of Contractor to wrier,
V *
vhether relating to or arising out of this Agreement or any other Agreement between Contractor
ind Owner.
26, SUBMITTALS AND SUBSTITUTI NS. Any substitution OT products/maLerials hon,
specifications shall be approved in writing by Owner in advance.
1 0 LW U IN I M/Mxka I I IIVIM tAINLJ I I I
Time is OT the essence in Lite perionlIC1HUIZ U CtHY VI U ZI
Contractor shall diligently pursue the completion of the Work and coordinate the Work
being done on the Project by its subcontractors and materialmen, as well as coordinating
its Work with all work of others at the Project Site, so that its Work or the work of others
shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be
solely responsible for all construction means, methods, techniques, sequences, and
procedures as well as coordination of all portions of the Work under the Contract
Documents, and the coordination of Owner's supplies and contractors.
13, Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its
fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts
of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts,
Contractor shall notify the Owner in writing within forty4ght (48) hours after the
commencement of such delay, stating the cause or causes thereof, or be deemed to have
waived any right which Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may a be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise
to any right to damages or additional compensation from Owner, Contractor expressly
acknowledges and agrees that it shall receive no damages for delay, Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a, condition
precedent to -the aforementioned "No Damage for Delay" provision, This paragraph shall
expressly apply to claims for early completion, as well as to claims based on late
completion.
f'WAKI 1=-QIMTW;=Vv RK wrier shall have the right at any time during the progress of the
WorK to increase or decrease I.He Auk IUIIIP Y Ca Ul �I
shall submit an itemized estimate of any cost or time increases or savings it 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 written order of Owner,
and Owner shall not be liable to the Contractor for any increased compensation without such
written order. No officer, employee or agent of Owner is authorized to direct any extra or changed
work orally. Any modifications to this Agreement shall be in compliance with the County's
Procurement Ordinance and Procurement Procedures in effect at the time such modifications are
authorized.
A Change Order in the form attached as Exhibit "F to this Agreement, shall be issued and
equested changes, Contractor shall promptly perform changes authorized by duly executed
Page 10 of 33 Multi -Contractor Award Agreement 2017,006 Ver.1
'hange Orders. The Contract Amount and Contract Time shall be adjusted in the Change rder
n the manner as Owner and Contractor shall mutually agree.
290 FE CLEAN UP. Contractor agrees to keep the Project site clean at all times Or debris, ruDDISH
& a
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.
302 STANDARDS OF U NLJUto I r VJr-k-o I IVI INUM
Contractor shall employ people to work on County projects who are neat, clean, welkgroomed
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.
4
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
4
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.
such loss or damage until final payment has been made. If Contractor or anyone Tor 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 I 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 Contractor.
Bs Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
Ca Contractor shall not disturb any benchmark established by the County with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the County's benchmarks, Contractor shall immediately notify the County.
The County shall re�establish the benchmarks and Contractor shall be liable for all costs
incurred by the County associated therewith.
EMERGENCIES, In the event of any emergency affecting the safety or protection of persons or
t� V 17 R a
or authorization from Owner is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give the Owner written'notice within forty-eight (48) hours after the occurrence of
the emergency, if Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
re VP
f the Owner determines that a change in the Contract Documents is required because OT the
ction taken in response to an emergency, a Change Order shall be issued to document the
onsequences of the changes or variations.
f Contractor fails to provide the forty4ght (48) hour written notice noted above, Me ConLraCLor
hall be deemed to have waived any right it otherwise may have had to seek an adjustment to the
.,,ontract Amount or an extension to the Contract Time.
4w LEJ UUIVIVU: I I N. Men the enUre Aork kor any PUI LIUH L 01 UU UO!J"Ck %:; �1 Y
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such
designated portion) is substantially complete and request that Owner issue a Certificate of
Substantial Completion, Within a reasonable time thereafter, Owner and Contractor shall make
an inspection of the Work (or designated portion thereo to determine the status of completion.
If Owner does not consider the Work (or designated portion) substantially complete, the Owner
shall notify Contractor in writing giving the reasons therefor.
nd deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the
ate of Substantial Completion for the entire Work (or designated portion thereof) and include a
entative punchlist of items to be completed or corrected by Contractor before final payment.
ortions thereo after the date of Substantial Completion, but Owner shall allow Contractor
easonable access to complete or correct items on the tentative punchlist.
he Contract Documents and is ready for final inspection and acceptance, wner will maKe such
nspection and, if Owner finds the Work acceptable and fully performed under the Contract
)ocuments, Owner shall promptly issue a Certificate of Final Completion, Exhibit H,
ecommending that on the basis of Owner's observations and inspections, and the Contractor's
ertification that the Work has been completed in accordance with the terms and conditions of
he Contract Documents, that the entire balance found to be due Contractor is due and payable.
'inal payment shall not become due and payable until Contractor submits:
Tkin Palancin nnfj ffirinvit in the form attached as Exhibit "D."
U U10 Y k CAVIJ 1� Y 0
If required by Owner, other data establishing payment or satisfaction of all obligations, such
as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent
and in such form as may be designated by Owner.
D. The warranty in the form attached as Exhibit "I".
wner reserves the right to inspect the Work and make an independent determination as to the
%�� F Y 0
hall not become due and payable.
01 WARRANTY, Contractor expressly warrants that the goods, materials and/or equipment
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
Page U of 33 MultkContractor Award Agreement 2017,006 Ver, I
ccepted professional standards for the particular service. These warranties shall survive
rispection, acceptance, passage of title and payment by the County.
ontractor further warrants to the County that all materials and equipment lurnISHed under LHe
'ontract Documents shall be applied, installed, connected, erected, used, cleaned and
onditioned in accordance with the instructions of the applicable manufacturers, fabricators,
uppliers or processors except as otherwise provided for in the Contract Documents.
f, within one (1) year after final completion, any Work is found to be defective or not in
onformance with the Contract Documents, Contractor shall correct it promptly after receipt of
vritten notice from the County. Contractor shall also be responsible for and pay for replacement
r repair of adjacent materials or Work which may be damaged as a result of such replacement
r repair. These warranties are in addition to those implied warranties to which the County is
:intitled as a matter of law.
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
Agreement in compliance with the Procurement Ordinance, as amended, and Procurement
Procedures.
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives
of Contractor with full decision�making authority and by County's staff person who would make
the presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed�upon Circuit Court Mediator certified by the State of Florida, The mediation
shall be attended by representatives of Contractor with full decision�making authority and by
County's staff person who would make the presentation of any settlement reached at mediation
to County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Fla. Stat.
4 +; k k+ k ini+hnr nrf fr) thicz greement against the other oartv
I 1z; C3 "U U VI C11 0 "U W zi
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
40a �N be uti, lized fe) r th iss rej e et
shall be kn ^tAtl^Apippklp ;p fkp:" "eFfefffl
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Page 13 of 33
MultkContractor Award Agreement 2017,006 Ver,1
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AGREEMENT ST FFIN The Contractor I s personnel and management to be utilized lor LHIS
\greement shall be knowledgeable in their areas of expertise, The County reserves the right to
)erform investigations as may be deemed necessary to ensure that competent persons will be
itilized in the performance of the Agreement. The Contractor shall assign as many people as
iecessary 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.
LIR ORDER Or rKaGaLitim Lm. H C; VVUH U G1HY %�%JH zj
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.
�Mli SAM
61 V W 11 gm
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+ +k rinr
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,
a
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�HOIYV Tk (� r%+nr ic ra Hirarl fr) r%r)mnl%i with Countv rdinance 2004-52 as amended.
Background checks are valid for five (5) years and the Contractor shan be responsibit: 101 ca
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 m 9 ust 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 I s business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e�
rom their employment, This notification is critical to ensure the continued security of Collier
GA
'ounty facilities and systems. Failure to notify within four (4) hours of separation may result in a
eduction of $500 per incident.
44. LIK SAFETY. All Contractors and subcontractors performing service or Come, UU" y C31c;
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
4 1
employees and any unsafe acts or conditions that may cause injury or damage to any persons or
property within and around the work site.
o1her UOUVILY kJUVUI"IIIU" CIO CA U %J V
OSHA) to enter any Collier County Facility, property and/or right� 1 of�way for the purpose of
nspection of any Contractor's work operations, This provision is non-negotiable by any
ivision/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
)nto a project that is being performed on Collier County Property. Collier County, as the owner of
he property where the project is taking place shall be the only entity allowed to refuse access to
he project. However, this decision shall only be made by Collier County I s Risk Management
Division Safety Manager and/or Safety Engineer.
N WITNESS WHERE F, the parties hereto, by an authorized person or agent, nave executed this
greement on the date and year first written above.
e r k. of Court &
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Contractor's Witnesses'
)LLIER COUNTY, FLORIDA
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ontractor
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,on'tractor's Kirst Witness Sigagiture
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IRFP# 194592 "Building Autoniation Energy Management Services"
EXHIBIT A
SCOPE OF SERVICES
Fhe Contractor shall have experience with building automation and energy managemem, SYSLem, including
repairs, maintenance, training, technical support, and parts with multiple building facilities and various types
of county or municipality facilities such as corrections, administration, maintenance, recreational and
educational facilities, Contractors shall have local sales and service representatives who shall be able to
respond and be on site to a call within two hours and should be available remotely when specifically requested
by the County. The Contractor will have the capability to provide controls and interface with the building
automation server.
oi ier i ounty p, %a , , e con 1 o sy _r a Johnson
e equivalent MUST be approved by the Facilities Management Division. The legacy system is
�ontrols Metasys.
Implementation of the new user interface will be achieved via the installation of a server�based software
package carrying an active BACnet Testing Laboratories (BTL) BACnet Advanced Operator Workstation (13�
WS) listing. The software may reside on a local server furnished and installed by the selected BAS vendor, a
virtual server created within the Collier County IT infrastructure, or in a cloud server application, including but
not limited to any type of energy management /building automation technology solutions.
a 0
The Contractor must be able to install, maintain, repair and supply -all components related to Uounty building
automation and control systems, including but not limited to Computrols, Delta, Reliable, Legacy Systems
(Metasys) and future approved open source building automation systems.
r4 lo f�Nr P";Itjin A"tnm ion and Control
Systems for in house staff to perform minor work.
The Contractor shall be available to provide annual training at the request and schedule of the County. The
Contractor shall have an established training programs for systems operations and maintenance and repair. The
training will be defined and referenced by previous customers. The training program shall engage a factory�
authorized service representative with complete knowledge of the control sysitern with project�specific
examples and experience. The training program shall be an ongoing program to include the latest technologies
and updates with access to video playback of content specific training guides. This will allow new and current
maintenance personnel to revisit specific content at any time. Minimum Training Requirements
a 4
Base extent of training on scope and complexity of the system
Stagger training over multiple training classes to accommodate County's requirements. All training shall
I
occur before the end of the warranty period.
Total days of training shall be broken into not more than 20 separate training classes.
* e a
The Contractor shall video each training session including training aids with sound, The County shall
be provided with three sets of each training session including handouts on CD or DVD for use with
future training sessions. The County shall not be restricted from duplicating the train ng materia
including the handout material and/or the video material for future training purposes. The duplicate
training material shall be delivered to the County within 10 business days of the training session.
Page 1 of 2
Contractor shall include a help line assistance to the County within the warranty period, and beyond.
VVorK Assignments
Fhe County is interested in working with the Contractor who is responsive 4 to their requests for quotes and
complete work in a timely manner. Any single job over $200,000 will require Board approval and
performance and payment bonds.
lu " a
)ata Communications Protocol Certificatess Certifying that each proposed DDC system component complies
mith ASHRAE 135.
4 9
rhe Contractor shall provide a warranty for all materials and workmanship for a minimum of one year from
he date of substantial completion and acceptance of the work by Collier County. During the warranty period,
he Contractor shall upgrade the software at no extra charge to Collier County each time as needed. The
6
Contractor is requested to propose options of various Manufacturer warranties to the County for consideration.
"IIJIL 13
W %3 LF Ta
following this page (pa I I
ges through
0 vv
RFP# 19�7592 "Building Automation Energy Management Services"
EXHIBIT B
FEESCHEDULE
9 0
(PRIMARY CONTRACTOR)
Item
Position Title
Hour!y -mate
I
Project Manager
$140
2
Lead System Specialist
$125
3
System Architect/Network Engineer
$135
4
* 4
System Technician
$85
5
Service/Controls Technician
$115
Markup on Subcontractors 15%
hibit C=11
L.J this exhibit is not applicable
DLM* r/A T IVIMIN I M%JINLJ
:Irincipal, and.
we
tract No.
3urety, located at.
held and firmlv bound
0 as Oblige in the sum of
$ for the payment whereof we bind ourselves, our heirs, executors, personal
epresentatives, successors and assigns, jointly and severally.
liae for
hich contract is incorporated by reference and made a part hereof, and
s referred to as the Contract.
;upplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
borce.
%onnected with the Contract or the changes do not affect sureties oL)iigaL!OH UH U1 L 0 UH 0
a I k C I; ;+ +; f (Zear4inn Or�r% Or%Q9 In nr) Pvimnt
ivill the Surety De HaDle in the aggregate Lo ciaimanLS Ior 11MIC: MCM u Hu"Cl ouill %J Y
Bond, regardless of the number of suits that may be filed by claimants.
INI WITNIPqq \A/HFRE F the above parties have executed this instrument this day of
U "CAI[ lq� � ZI r� I
3igned, sealed and delivered
n the presence of:
Y 6
Witnesses as to Principal Name:
Its:
DOUNTY OF
notarization, this of 20�t by
�of a
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
(L
as
corporation, on behalf of the corporation.
usiness Address)
uthorized Signature)
rinted Name)
101
C:0\1
Attorney in Fact
ttach Power of Attorney)
1LHt::ZIZ)C;Z3
usiness Address)
rinted Name)
elephone Number)
COUNTY OF
M
iotarization, this of 20�1 by
of a corporatio
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
I; Q� +
iceinn Kin M
po
LJ this exhibit is not applicable
tArlibi I Umz
UBLIC PERFORMANCE BOND
U Imus
tract No.
INUVV /-\LL [VIE::
, as Principal, and
I + 14 +
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors,
)ersonal representatives, successors and assigns, jointly and severally.
I
with Oblige for
iereof, and is referred to as the Contract. I
I "I; + ;
any default by Principal under the Contract, including, but not H ited to, all delay uamages, WHeLHer
liquidated or actual, incurred by Oblige; and
+ F 11 utnrL� onrA mnfimri�flc frimished under the Contract for the time specified
in the Contract, then this Dona is void; otherwise 11. remains in u , Ge. "y U
Contract and compliance or noncompliance with any formalities connected with the Contract or the
changes do not affect Sureties obligation under this bond.
he Surety for value received hereby stipulates and agrees that no changes, extensions of time,
alterations or addILIonS LO Lhe Lei i , is o C; V" I cl� W1 � 1� I
referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any
such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly understood that
he time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more Than The penal SUM OT LHIS
:Ierformance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties nave executed LHIS inSLru enL LHIS cly U
4
20., the name of each party being affixed and these presents duly signed by its undersigned
epresentative, pursuant to authority of its governing body.
zi I
n the presence of:
COUNTY OF
iotarization, this of 20�1 by
of a
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
me:
, as
poration, on bellall 01 Me corpoiCILU".
I;n Q+n+n nf
mmission No:
ATTEST:
RE FY:
inted INIa e)
tach Power of Attorney)
notarization, this OT /�U�j L)y I
of a corporation, on behalf of the corporation.
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
trim
blic, State of
mmission No.:
ncv� r-)
F] this exhibit is not applicable
tArilbi I U
ELEASE AND AFFIDAVIT FORM
UUIN I I %�Jf-
3TATE OF (-
e re me, Me undersigile au V1 Y, PUIO�H� Y �PV
eing duly sworn, deposes and says:
1) in accordance WIM Me ConLICIUL Vt.Ul I ]UH 0 �H " �w I
("Contractor") releases and waives for itself and it's subcontractors,
nateriakmen, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
%greement between Contractor and Owner, dated 1 20. for the period from
to This partial waiver and release is conditioned upon payment of
he consideration described above. It is not effective until said payment is received in paid funds.
naterials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand
gainst any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor.
)ther charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this
Release and Affidavit.
rnNTPACTOR
;+ 0
TATP
UUUIN I T U
of
He/she is oersonally known
, a .
o me OR has produc
d
as identification and did (did not) take an oath,
My Commission Expires:
corDoration, on behalf of the corporation.
ry Public, State o
[it Q� � 0
rG, )()
.J this exhibit is not applicable
CAMD1 I M
ORM OF CONTRACT APPLICATION FOR PAYMENT
kCoumy r-llJJUU 0"ClUul)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water�Sewer District (the OWNER)
Revised Contract Time:
6
ect No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
Retainage @ .% after [insert date]
)ercent Work completed to Date:
3ercent Contract Time completed to Date
A �r�r A f�Uct�ui=n"i � rw xiAi "i=cz Argin
al Change Orders to Date $
/ised Contract Amount $
al value of Work Completed
stored to Date $
s previous payment (s) $
OUNT DUE THIS
PLICATION: $
I A f��rrmNO r4;;i �k + 1\ n1l rnwin"a rr) rincQ a me
eceived from OWNER on account Or VVorK done under Me ComraCL rele, , e o ca ovu clv� �Ult FF ZI
ull all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered
1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered
by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests
and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work
/vhich previous payments were issued and received from the OWNER and that current payment is now due; (4) and
CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised
contract and shall be incorporated into a future Change Order:
Bv CONTRACTOR: (Contractor's Name)
pe Name & Title)
hall be signed by a duly authorized representative of CONTRACTOR)
CTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
3y Design Professional (DP's Name)
I(Zi nn+"raN
e Name & Tit
prove
By OWNER'S Project Manager: k 9"Cl Ulu) V �
(Type Name and Title)
I this exhibit is not applicable
omwla� V �Q W"
EXHIE311 F
ANGIE ORDER
U1 I U1 W
'ontract #:
I I Change#: Purchase Order#:
Contractor/Firm Name* Pr
F
Project Manager Name] D
Project #: I
Current BCC Approved Amount Last BCC Approval Date; Agenda Item #
C u - rre - n - t - Co - ntr - act /Wor k 0 1 rd a er - A m o a u — n I t I SAP Contract Expiration Date (Master)
Dollar Amount of this Change #DIV/O! Total Change from Original Amount
�- I 1� - - I A. I - 1- -1 1 � -'� ��' �' 1� '-� $
Revsed Contract/Work Order Total 00001 #DIV/01 Change from Current BCC Approved Amount
Cumulative Changes 0,001 #DIV/01 Change from Current Amount
e%"
ate
Provide a respons
ompletion Date Date Includes this change)
I + T��If� 71 A rl fJ new taskisl F1 Delete task(sl F'1 Change task(sl E] Other (see
or the additional days added (if requested); 2.) why this change was not mc u e n e o, tj it" co i I R
mn2ct if this chanae is not orocessed. Attach additional information from the Design Professional and/or Contractor if needed.
%cceptance of this Change Order shall constitute a rn
ame terms and conditions as contained in the contract
; I I k
The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the ContraCLor f vendor
Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs.
Accepted by: Date:
(Contractor / Vendor / Consultant / Desion Professional and Name of Firm, if project applicable)
%pproved by: Date:
(Design Professional and Name of Firm, if project applicable)
%pproved by: Date:
(Procurement Professional
.j this exhibit is not applicable
MIL511
F bubb I N I 1A
I ujt�%� 0
�ontract Date
tollowing specified parts thereof:
U
F%
5ubstantially complete in accordance with the contract documents on.
0
I
complete all the Work in accordance with the Contract Documents. The items in the tentative list shall
be completed or corrected by CONTRACTOR within days of the above date of Substantial
Completion.
Page 28 of 33
The responsibilities between OWNER and CONTRACT R for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
E:%Dr IN401 I
9
ZI
H is UUI LI !U(3 LU VU0 HU k�UHO U t�
P
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with
the Contract Documents.
+ +i I ('^rn Lnflnn
antial Completion on
F age 0
.j this exhibit is not applicable
HIM I H
F I C A I E. F FINAL GUIVIPLA; I 1UN
I Uj qs;;i %,sr %is
:IROJECT:
Contract Date
UVVNtK
nd
To
OWNER, C NTRACT R AND Dtzbl N IaN rt:001 IN L, anU I.HaL vvorrx is Ht�IIBUY EMkosalu v
finally complete in accordance with the contract documents on:
Page 30 of 33 MultkContractor Award Agreement 2017,006 Ver, I
xecuted by Design Prolessional on I
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
20�
CONTRACTOR
By:
Type Name and Title
?0
.j this exhibit is not applicaDle
HIBI I I
rNrX
In consideration OT ten dollars, kp 10.00), receIpL U1 VV U 0 Ulu y Q%a "%Jvv �j j
undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and
executed under the contract either directly performed by the CONTRACTOR or at the express
request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
ree of all defects of materials and workmanship for a period of one year from the DATE F
::INAL COMPLETION.
Jefective work and materials and all other worK damaged Dy any delt::Uve work upon VVI L U"
Jemand by the COUNTY. It is further understood that further consideration for this warranty
and guaranty is the consideration given for the requirement pursuant to the general conditions
and specifications under which the contract was let that such warranty and guaranty would be
0
iven.
hie nrrnnt\i And guaranty is in addition to any other warranties or -guaranties for the work
enormed UHW�,l L U, LoUH I Ct%� aH %J%�
o Florida Statutes, Chapter 95, et seq.
DATE:
test
ner Exhlblv itachment
cwjk�l li V"p
IOIIOVVIHY L 0 PCIUC; kPOUl-,C)
0 %�A vv
C
PLUGSMA=01 LMQQ
DATE (MM;IDDNYYY)
T
119
CERTIFICATE OF LIABILITY INSURANCE F 3/19/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAI E. HOLDER. IHIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND9 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�
IIVIPOIRIANI: If the certilicaLe hoider is an ADDI I 1014A e vo cy% esj inu V 0
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 riqhts to the certificate holder in lieu of such endorsement(s).
NSocial Risk Advisors
283 South State Street
Suite 102
Westerville, CH 43081
50 E 1st Ave Ste 210
olumbus, CH 43201
�UIQ IQ �n 0
CIES OF INSURANCE LISTE
AMED ABOVE FOR THE
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,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
EXCLUSIONS AND CONDITIONS OF SUCH LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
I TR
A
-POLICIES.
TYPE OF INSURANCE
X COMMERCIAL GENERAL LIABILITY
A D
S Ll
IND D
SUBR
WVD
POLICY NUMBER
POLICY EFF
fMMIDDIYYYYl
LIMITS
EACH OCCURRENCE
$
DAMAGE TO RENTED
PREMISES (Ea occurrence)
500,000
$
CLAIMS -MADE OCCUR
X
ENP 0247224
6113/2019
6/13/2020
MED EXP (Any one person)
$ 10,000
X OHIO STOP GAP
PERSONAL & ADV INJURY
$ 13000YO00
X
EMPLOYERS LIABILITY
GENERALAGGREGATE
$ 21000$000
GEN'LAGGREGATE LIMIT APPLIES PER:
POLICY FX PRO- D LOC
JECT
PRODUCTS - COMP/OP AGG
$ 210003000
A
OTHER: General Aggregate
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident)
$
1 20001000
$
ANY AUTO
X
ENP 0247224
6113/2019
6/13/2020
INJURY (Per person)
$
—BODILY
OWNED SCHEDULED
AUTOS ONLY AUTOS
X HIRED X NON -OWNED
AUTOS ONLY AUTOS ONLY
1
BODILY INJURY (Per accident)
$
PROPE13TY DAMAGE
(Per accident)
$
A
X
UMBRELLA LIA,B
X
OCCUR
EACH OCCURRENCE
101000;000
$
AGGREGATE
$ 10,0003000
EXCESS LIAB
CLAIMS -MADE
X
ENP 0247224
6/13/2019
6/13/2020
$
DED
RETENTION$ 0
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE F--]
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
NIA
PERT
STA UTE
OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
L. DISEASE - POLICY LIMIT
$
If yes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Collier County Board of County Commissioners is an additional insured under the commercial general liability and automobile liability policies for any and all
work performed on behalf of Collier County on a primary and noncontributory basis if and to the extent required by written contract.
Contract# 19w7592
RIZED REPRESENTATIVE
@ 198&2015 A(
stered marks of ACORD
ERTIFICATE OF LIABILITY IN URANCE
MM/DDNYYY)
1/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA I E. 11OLDER& I rila
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(les) 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).
Alliant Insurance Services, Inc.
40 Stanford Drive, 2nd Flr
Farmington CT 06032
Juice Technologies Inc. dba Plug Smart
350 East 1st Ave,, Suite 210
Columbus OH 43201
THIS IS TO C
IES OF INSURANCE LISTED BELOW HAV
-269-2164
MED ABOVE FOR THE
INDICATED, NOTVATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAINt THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
CERTIFICATE TION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
LTR
TYPE OF INSURANCE
ADDL
MSD
INSD
SUBFR
WVE
WVD
POLICY NUMBER
POLICY EFF
(MMIDDIYYYY)
POLICY EXP
(MMID YY)
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
CLAIMS -MADE F] OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY El PRO- F
JECT LOC
PRODUCTS - COMPIOP AGG
$
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident
$
ANY AUTO
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
I
PROPERTY DAMAGE—
(Per accident)
$
-
$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
EXCESS LIAB
CLAIMS -MADE
AGGREGATE
$
ENTION $
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY YIN
ANYPROPRIETOR/PARTNERIEXECUTIVE F---1
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
NIA
PERT OTH.
STA LITE ER
$
E.L_ EACH ACCIDENT
$
E.L, DISEASE - EA EMPLOYEE
$
If yes, describe under
DESCRIPTION OF OPERATIONS below
1. DISEASE - POLICY LIMIT
$
A
Contractors Pollution
Professional Liability
Protective Indemnity
PCXB�5008462-0419
4/1512019
1
000,GOO Ea Claim
000,GOO Ea Claim
000,000 Ea Claim
$2,000,000 Aggr
$2,000,000 Aggr
$2,000,000 Aggr
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD iOl , Additional Remarks Schedule, may be attached if more space is required)
ADDITIONAL COVERAGE LIMITS:
Technology Professional Liability: $2,000,000 Each Claim/$2,000,000 Aggregate: Retroactive Date I �1 5-2015
Biological Pollution Liability: $2,000,000 Each Claim 1 $2,000,000 Aggregate
Cyber Liability: $1,000,000 Each Claim / $1 000,000 Aggregate
Media & Personal Injury Liability: $2,000,000 Each Claim / $2,000,000 Aggregate
Mitigation: $500,000 Each Claim / $500,000 Aggregate
Site Pollution Liability for Insured Property: $1 000,000 Each Claim / $1 000,000 Aggregate
Collier County Board of Commissioners is included as additional insured as required by written co ntract.
ON D
RIZED REPRESENTATIVE
@ 1988w2015 ACORD CORPORATIONo All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Bureau of Workers' 30 vv, Spring St.
Dhio I Compensation Columbus, OH 43215
Certificate of Onlo VVorKers Compensation
Fhis certifies that the employer listed below participates in the Ohio State Insurance Fund as required by law.
Fherefore, the employer is entitled to the rights and benefits of the fund for the period specified, This certificate
s only valid if premiums and assessments, including installments, are paid by the applicable due date. To
verify coverage, visit www,bwc.ohio,gov, or call 1 �800�644�6292,
a �� r I
1563060
3LUG SMART
5800 WINDWARD PKWY # 135
\LPHARETTA, GA 30005�8802
1/2019 to 07/01/2020
L
rvvvvv.bvvc,ohio.gov
ssued by: BWC
Administrator/CEO
You can reproduce this certificate as needed,
a
1r% Powised Code ren
ebuttable presumption, RebuLLable pitesunip 0"
mployee may dispute or prove untrue the presumption (or
elleo that alcohol, marihuana or a controlled substance not
rescribed by the employee's physician is the proximate cause
main reason) of the work�related injury.
he burden of r)roof is on the employee to prove the presence of
UU U I I I IcAl
roximate cause of the work�relatecl injury, An employee who
ests positive or refuses to submit to chemical testing may be
isclualified for compensation and benefits under the Workers'
�ompensation Act.
Bureau of Workers'