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Agenda 03/14/2023 Item #16C4 (Payment to LJ Power, Inc. for emengency generator rental fees)
16.C.4 03/14/2023 EXECUTIVE SUMMARY Recommendation to authorize after -the -fact payment of $170,916.00 to LJ Power, Inc., for emergency generator rental fees including shipping and fair markups that were in excess of the agreed upon Contract #18-7324 rates in response to Hurricane Ian, which was necessary to prevent a health safety emergency and potential for raw sewage spills, to ratify staffs decision to procure the needed generators outside of the four corners of the agreement, and to waive any irregularity with the agreement. OBJECTIVE: To provide payment for the amount of $170,916.00 to U Power, Inc., for emergency generator rental fees including shipping and fair markups that were in excess of the agreed upon Contract #18-7324 rates in response to Hurricane Ian, which was necessary to prevent a health safety emergency and potential for raw sewage spills. CONSIDERATIONS: This request is for after -the -fact approval for payment of $170,916.00 for the emergency generator rental fees (including shipping and fair markups) that did not fall within the rate schedule of the existing Contract #18-7324 that were necessary to prevent a health safety emergency. Hurricane Ian made landfall on Wednesday, September 28, 2022, severely impacting Collier County and the entire State of Florida. The majority of the damage in Collier County was due to flooding from storm surge. In the wake of Hurricane Ian, more than 80% percent of Collier County was left without power, which had cascading impacts on communication services, roadways, and wastewater collection systems. The expanded size and severity of the storm caused a greater need for generators in more areas than anticipated or that the vendor on contract could locally provide. The locally available generators were already staged in areas north of Collier County along Hurricane Ian's originally predicted, narrower path; however, the amount of staged generators was not enough to prevent a health safety emergency due to the unanticipated storm surge damage. More than 225 of Collier County's pump stations were without FPL power immediately after the storm, and 33 lift stations were a total loss from extreme damage. For many days, there were over 200 individuals in the field working 12-20 hour shifts to restore the wastewater collections systems. Staff confirmed the emergency need for 110 pumper trucks and 134 County owned generators to various wastewater pump stations to mitigate the effects of flooding and power loss. The County has a Contract #18-7324 with U Power, Inc. for Generator Rentals; however, due to the situation's severity and the scarcity of generators in Southwest Florida, the vendor had to obtain 19 out of 24 generators throughout the nation resulting in additional transportation charges and increased rental equipment costs in excess of the contract agreed upon rates. Five (5) of the generators were staged and able to be provided by U Power, Inc. The second vendor on Contract #18-7324 Power Secure was unable to meet the County's request for generators, which led to County staff approval of the excess costs with U Power, Inc. U Power, Inc. identified they would need to charge weekly rates vs. monthly rates and transportation charges would be applicable since the items were coming from other places in the nation. To avoid a health safety emergency and potential of raw sewage spills the Wastewater Project Manager agreed to the increased charges and the additional 19 generators from out of the area were obtained from U Power, Inc. The total invoice received from U Power, Inc. for these emergency generators was $323,816.00. The generator rental portion which was priced according to the Contract #18-7324 rate schedule totaled $152,900.00 and has been paid. The amounts in excess of the agreed upon contract rates is $170,916.00, which reflects the vendor's additional costs for shipping and rental fees from subcontractors with a fair markup of 15%, which the vendor incurred due to the unforeseen situation. Staff has worked with the Clerk's Office. Both Staff and the Clerk concur with payment of $135,938.98. The remaining $34,977.02 consists of the vendor charging weekly rates vs. monthly rates and markup over and above 15% for generators obtained from other parties, which staff authorized. FISCAL IMPACT: The fiscal impact of $170,916.00 will be paid from Hurricane Ian Project 50280 in the FEMA Hurricane Ian Recovery Fund (727) and may be eligible for reimbursement by FEMA or insurance. Packet Pg. 669 16.C.4 03/14/2023 GROWTH MANAGEMENT IMPACT: No growth management impacts are associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. My apologies for this lengthy legal considerations, but this item is unusual. The County desperately needed the generators to power lift stations after Hurricane Ian. To put this bluntly, the County's experience with prior hurricanes has taught us that lift stations without power lead to raw sewage backing up into people's homes and onto the streets. Staff did the best they could do in this emergency situation, and Staff believes that the Vendor went above and beyond by scouring the entire country in an effort to supply the needed generators which led to increased costs. Also notable is that there is currently another agreement pending with this Vendor for the purchase of 53 portable generators for $3,893,506.22 of which $2,920,129.67 will be funded by a grant. The Vendor has advised Staff that if the County won't pay what Staff requested and agreed to, it has no desire to continue doing business with the County. Jeopardizing $2,920,129.67 in grant money over not paying the Vendor $34,977.02 as agreed to by Staff does not strike me as being in the Public's best interest. As a final consideration, the $34,977.02 may be eligible for reimbursement by FEMA or insurance. In order to pay the vendor, the Board would need to ratify staff s actions and waive any irregularities with the agreement. With that noted, this item is approved as to form and legality and requires majority vote for approval. - JAK RECOMMENDATION: Recommendation to authorize after -the -fact payment of $170,916.00 to LJ Power, Inc., for emergency generator rental fees including shipping and fair markups that were in excess of the agreed upon Contract #18-7324 rates in response to Hurricane Ian, which was necessary to prevent a health safety emergency and potential for raw sewage spills, to ratify staffs decision to procure the needed generators outside of the four corners of the agreement, and to waive any irregularity with the agreement. Prepared by: Robert VonHolle, Director, Wastewater Division ATTACHMENT(S) 1. After the fact form LJ Power signed flat -no comment (PDF) 2. Final to be paid LJ Power Inv# 0315238-IN comparison v4 Final to Upload (PDF) 3. LJ Power Generator Rentals INV (PDF) 4. Freight Backup LJ Power (PDF) 5.18-7324L.JPowerInc_Contract (PDF) 6. 18-7324LJ.PowerInc. Amend#1 (PDF) 7.18-7324L.J.PowerInc._Amend#2 (PDF) Packet Pg. 670 16.C.4 03/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doc ID: 24676 Item Summary: Recommendation to authorize after -the -fact payment of $170,916.00 to LJ Power, Inc., for emergency generator rental fees including shipping and fair markups that were in excess of the agreed upon Contract #18-7324 rates in response to Hurricane Ian, which was necessary to prevent a health safety emergency and potential for raw sewage spills, to ratify staff s decision to procure the needed generators outside of the four corners of the agreement, and to waive any irregularity with the agreement. Meeting Date: 03/14/2023 Prepared by: Title: Division Director - Wastewater — Wastewater Name: Robert Von Holle 02/14/2023 8:24 AM Submitted by: Title: Division Director - Wastewater — Wastewater Name: Robert Von Holle 02/14/2023 8:24 AM Approved By: Review: Corporate Compliance and Continuous Improvement Megan Gaillard Wastewater Procurement Services Procurement Services Public Utilities Department Public Utilities Department Office of Management and Budget County Attorney's Office Office of Management and Budget Office of Management and Budget Grants County Manager's Office Board of County Commissioners Drew Cody Additional Reviewer Ana Reynoso Level 1 Purchasing Gatekeeper Sandra Herrera Additional Reviewer Drew Cody Level 1 Division Reviewer George Yilmaz Level 2 Division Administrator Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Susan Usher Additional Reviewer Christopher Johnson Additional Reviewer Therese Stanley Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Additional Reviewer Completed 02/14/2023 8:39 AM Skipped 02/16/2023 8:53 AM Completed 02/22/2023 9:13 AM Completed 03/01/2023 4:40 PM Completed 03/02/2023 10:07 AM Completed 03/07/2023 9:51 AM Completed 03/07/2023 10:40 AM Completed 03/07/2023 11:16 AM Completed 03/07/2023 4:26 PM Completed 03/07/2023 4:42 PM Completed 03/08/2023 3:59 PM Completed 03/08/2023 4:15 PM 03/14/2023 9:00 AM Packet Pg. 671 16.C.4.a Coer County Instructions After the Fact Form As per section 21 of the Procurement Manual, all purchases shall be consistent and in compliance with the Procurement Ordinance (2017-08). Should work be authorized or purchases made that is inconsistent with County policy, procedure, or contract terms, an After -the -Fact Procurement Form is required. This includes purchases made in advance of a Purchase Order, when a Purchase Order is required to authorize such activity, and purchases made under an expired contract, or for goods and services not covered by the current contract or purchase order. All such `After the Fact Procurements" will be reported to the County Manager. Requester Name: Sherry Greco Division: Waste Water Division Director: Robert VonHOIIe Vendor Name: LJ Power, Inc. Amount: $135,938.98 contract #:18-7324 Purchase Order: 4500219986 Why is this deemed a non -compliant purchase? Choose one. Contract W] Ordinance Manual ❑ P-Card ❑ Other ❑ Details of Purchase: Explain the circumstances behind this purchase. Emergency generator rental fees for 24 generators obtained after Hurricane Ian to prevent a health safety emergency and potential for raw sewage spills. The County has a Contract #18-7324 with LJ Power, Inc. for Generator Rentals; however, due to the situation's severity and the scarcity of generators in Southwest Florida in the wake of Hurricane Ian, the vendor had to obtain 19 out of 24 generators throughout the nation resulting in additional transportation charges and increased rental equipment costs in excess of the contract agreed upon rates. Five (5) of the generators were staged and able to be provided by LJ Power, Inc. The second vendor on Contract #18-7324 Power Secure was unable to meet the County's request for generators, which led to County staff approval of the excess costs with LJ Power, Inc. LJ Power, Inc. identified they would need to charge weekly rates vs. monthly rates and transportation charges would be applicable since the items were coming from other places in the nation. To avoid a health safety emergency and potential of raw sewage spills the Wastewater Project Manager agreed to the increased charges and the additional 19 generators from out of the area were obtained from LJ Power, Inc. Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable? We are requesting the Board to authorize payment to U Power in the amount of $135,938.98 on invoice 0315238-IN. The total amount of the invoice is $323,816.00 and the County has paid $152,900 of it which was priced according to the contract 18-7324. Staff worked with the vendor and negotiated the outstanding amount down to $135,938.98. This amount reflects the vendor's additional costs for shipping of the generators and rental fees from subcontractors with a markup of 15%, which the vendor incurred due to the unforeseen situation. The vendor provided invoices to support the expenses. Corrective/Preventive Action: What action is being taken to prevent this violation from re -occurring? Contract 18-7324 is currently being re -solicited, so it is not anticipated that this situation will occur again prior to that. As part of the re -solicited contract there will be discussions with the vendor selected for emergency situations to ensure this does not happen in the future. Additionally, County staff will be trained on how to handle this situation, if it arises again in the future and the proper notification process for emergencies. The requestor affirms that to the best of their knowledge the information provided in this document is true. Requested by: Sherry Greco Digitally signed by GrecoSherry Signature:GrecoSherryDate :2023.02.1315:54:17 Date: a5,00' Division Director: Robert VonHOIIe Digitally signed by Robert Von Signature: Robert Von HolleHolle Date: Date: 2023.02.14 05:47:34-05'00' Revised 06/17/2021 Packet Pg. 672 JGMOd r-1 : 9L9'PZ) peoldn 01 IBUIZI -PA uosijedwOO NI -BUS LEO #Aul JGMOd ri pled aq of IL'ull :juGwLj3e)jv ti a. M a. 2 2 2 2 2 2 2 „„„8„„„„„„ - - g 4 g 8 8 9 8 9 9 9 8 2 9 9 9 9 8 8 8 8 8 8 8 88 8 9 91 9 . . . . . . . . . . . . . . . . . . . . . . . . . .88 . . . . . . . . . . 16.C.4.c Invoice Number: 0315238-IN L�J LJ POWER Invoice Date: 10/31/2022 GenServe GENERATORS Invoice Due Date: 11/30/2022 Terms: Due in 30 Days LJ Power Inc. 12707 Nutty Brown Rd. Customer Number. 60-COLLIER Building F Austin, TX 78737 Customer PO Number. IAN-13 (Tel) 737 703-5000 REF: Bill to: Collier County Board of County Site: Collier County Collections 3295 Tamiami Trail East, Ste 7 6027 Shirley Street Attn: Accounts Payable Naples, FL 34109 Naples, FL 34112-5749 Service Job: 0359632 Total Amount Due: Service Performed: Hurricane Ian Emergency Rental Generators 09/29/2022 to 10/27/2022 Equipment Id Equip. Item Number Equip. Description Equip. Serial Number Item Description Unit Quantity Unit Price Extension Unit #1: LJ Power Houston 150KW /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL 5 cables for 4 weeks 4.00 100.00 400.00 /RENTALSFL Freight at cost 1.00 6,912.00 6,912.00 Unit #2: LJ Power Austin - Stamford 150KW SN: X17AO42478 /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL Freight at cost 1.00 7,210.00 7,210.00 Unit #3: LJ Power Florida - ASKA 100KW SN: U222689Y /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL 5 cables for 4 weeks 4.00 100.00 400.00 /RENTALSFL Freight at cost 1.00 2,070.00 2,070.00 Unit #4: APS Magnum 80KW /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL 5 cables for 4 weeks 4.00 100.00 400.00 /RENTALSFL Freight at cost 1.00 1,830.00 1,830.00 Unit #5: Trane 18OKW #1 Continued Packet Pg. 674 16.C.4.c Invoice Number: 0315238-IN L�J LJ POWER Invoice Date: 10/31/2022 GenServe GENERATORS Invoice Due Date: 11/30/2022 Terms: Due in 30 Days LJ Power Inc. 12707 Nutty Brown Rd. Customer Number. 60-COLLIER Building F Austin, TX 78737 Customer PO Number. IAN-13 (Tel) 737 703-5000 REF: Bill to: Collier County Board of County Site: Collier County Collections 3295 Tamiami Trail East, Ste 7 6027 Shirley Street Attn: Accounts Payable Naples, FL 34109 Naples, FL 34112-5749 Service Job: 0359632 Total Amount Due: Service Performed: Hurricane Ian Emergency Rental Generators 09/29/2022 to 10/27/2022 Equipment Id Equip. Item Number Equip. Description Equip. Serial Number Item Description Unit Quantity Unit Price Extension /RENTALSFL 1 generator for 4 weeks 4.00 2,890.00 11,560.00 /RENTALSFL Freight at cost 1.00 2,122.00 2,122.00 Unit #6: Trane 180KW #2 /RENTALSFL 1 generator for 4 weeks 4.00 2,890.00 11,560.00 /RENTALSFL 5 cables for 4 weeks 4.00 100.00 400.00 /RENTALSFL Freight at cost 1.00 2,122.00 2,122.00 Unit #7: Trane NC RSGPO 180KW #1 /RENTALSFL 1 generator for 4 weeks 4.00 2,890.00 11,560.00 /RENTALSFL 5 cables for 4 weeks 4.00 100.00 400.00 /RENTALSFL Freight at cost 1.00 6,100.00 6,100.00 Unit #8: Trane NC RSPGO 180KW #2 /RENTALSFL 1 generator for 4 weeks 4.00 2,890.00 11,560.00 /RENTALSFL Freight at cost 1.00 6,100.00 6,100.00 Unit #9: Trane 180KW #3 /RENTALSFL 1 generator for 4 weeks 4.00 2,890.00 11,560.00 /RENTALSFL Freight at cost 1.00 2,122.00 2,122.00 Continued Packet Pg. 675 16.C.4.c Invoice Number: 0315238-IN L�J LJ POWER Invoice Date: 10/31/2022 GenServe GENERATORS Invoice Due Date: 11/30/2022 Terms: Due in 30 Days LJ Power Inc. 12707 Nutty Brown Rd. Customer Number. 60-COLLIER Building F Austin, TX 78737 Customer PO Number. IAN-13 (Tel) 737 703-5000 REF: Bill to: Collier County Board of County Site: Collier County Collections 3295 Tamiami Trail East, Ste 7 6027 Shirley Street Attn: Accounts Payable Naples, FL 34109 Naples, FL 34112-5749 Service Job: 0359632 Total Amount Due: Service Performed: Hurricane Ian Emergency Rental Generators 09/29/2022 to 10/27/2022 Equipment Id Equip. Item Number Equip. Description Equip. Serial Number Item Description Unit Quantity Unit Price Extension Unit #10: Genserve kWiet DGK150KW D /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL 5 cables for 4 weeks 4.00 100.00 400.00 /RENTALSFL Freight at cost 1.00 5,750.00 5,750.00 Unit #11: Genserve kWiet DGK100KW B /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL 5 cables for 4 weeks 4.00 100.00 400.00 /RENTALSFL Freight at cost 1.00 5,750.00 5,750.00 Unit #12: Generator Source 100KW #89203 /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL Freight at cost 1.00 2,494.00 2,494.00 Unit #13: Generator Source 100KW #89217 /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL Freight at cost 1.00 2,494.00 2,494.00 Unit #14: Generator Source 100KW #89218 /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL Freight at cost 1.00 2,494.00 2,494.00 Continued Packet Pg. 676 16.C.4.c Invoice Number: 0315238-IN L�J LJ POWER Invoice Date: 10/31/2022 GenServe GENERATORS Invoice Due Date: 11/30/2022 Terms: Due in 30 Days LJ Power Inc. 12707 Nutty Brown Rd. Customer Number. 60-COLLIER Building F Austin, TX 78737 Customer PO Number. IAN-13 (Tel) 737 703-5000 REF: Bill to: Collier County Board of County Site: Collier County Collections 3295 Tamiami Trail East, Ste 7 6027 Shirley Street Attn: Accounts Payable Naples, FL 34109 Naples, FL 34112-5749 Service Job: 0359632 Total Amount Due: Service Performed: Hurricane Ian Emergency Rental Generators 09/29/2022 to 10/27/2022 Equipment Id Equip. Item Number Equip. Description Equip. Serial Number Item Description Unit Quantity Unit Price Extension Unit #15: Generator Source 10OKW #89212 /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL Freight at cost 1.00 2,494.00 2,494.00 Unit #16: Generator Source 10OKW #89200 /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL Freight at cost 1.00 2,494.00 2,494.00 Unit #17: Generator Source 10OKW #89209 /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL Freight at cost 1.00 2,494.00 2,494.00 Unit # 18: Generator Source 10OKW #89210 /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL Freight at cost 1.00 2,494.00 2,494.00 Unit #19: Generator Source 10OKW #89201 /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL Freight at cost 1.00 2,494.00 2,494.00 Unit #20: Generator Source 10OKW #89219 Continued Packet Pg. 677 16.C.4.c Invoice Number: 0315238-IN L�J LJ POWER Invoice Date: 10/31/2022 GenServe GENERATORS Invoice Due Date: 11/30/2022 Terms: Due in 30 Days LJ Power Inc. 12707 Nutty Brown Rd. Customer Number. 60-COLLIER Building F Austin, TX 78737 Customer PO Number. IAN-13 (Tel) 737 703-5000 REF: Bill to: Collier County Board of County Site: Collier County Collections 3295 Tamiami Trail East, Ste 7 6027 Shirley Street Attn: Accounts Payable Naples, FL 34109 Naples, FL 34112-5749 Service Job: 0359632 Total Amount Due: Service Performed: Hurricane Ian Emergency Rental Generators 09/29/2022 to 10/27/2022 Equipment Id Equip. Item Number Equip. Description Equip. Serial Number Item Description Unit Quantity Unit Price Extension /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL Freight at cost 1.00 2,494.00 2,494.00 Unit #21: Generator Source 100KW #89214 /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL Freight at cost 1.00 2,494.00 2,494.00 Unit #22: Generator Source 10OKW #89214 /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL Freight at cost 1.00 2,494.00 2,494.00 Unit #23: Generator Source 10OKW #89202 /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL Freight at cost 1.00 2,494.00 2,494.00 Unit #24: Illini Power - 125KW E01200002 SN: 17281310967 /RENTALSFL 1 generator for 4 weeks 4.00 2,350.00 9,400.00 /RENTALSFL 5 cables for 4 weeks 4.00 100.00 400.00 /RENTALSFL Freight at cost 1.00 6,200.00 6,200.00 Continued Packet Pg. 678 16.C.4.c GenServe LJ Power Inc. 12707 Nutty Brown Rd. Building F Austin, TX 78737 (Tel) 737 703-5000 Lf IJ LJ POWER "'11111111111/ GENERATORS Bill to: Collier County Board of County 3295 Tamiami Trail East, Ste 7 Attn: Accounts Payable Naples, FL 34112-5749 Invoice Number: 0315238-IN Invoice Date: 10/31/2022 Invoice Due Date: 11/30/2022 Terms: Due in 30 Days Customer Number: 60-COLLIER Customer PO Number: IAN-13 REF: Site: Collier County Collections 6027 Shirley Street Naples, FL 34109 Service Job: 0359632 Service Performed: Hurricane Ian Emergency Rental Generators 09/29/2022 to 10/27/2022 Equipment Id Equip. Item Number Equip. Description Equip. Serial Number Item Description Unit Quantity Unit Price Extension Labor: $0.00 Material: 0.00 Amount: $323,816.00 FL NONTAX Sales Tax 0.000%: 0.00 Total Amount Due: Total Amount Due: $323,816.00 U 0 u_ d t L d Q `m 3 0 a J t,O ti to le F4 OUR LOCATIONS: Ll� J LJ POWER PLEASE REMIT TO: goo Newtown Rd. Plainview, 7803 (PH) 637 435-0437 (FAX) 637 49 0 GenServe, Inc. 341 Kaplan Dr. Fairfield, NJ 7004 (PH) 973 614-0091 (FAX) 973 614-0095 -0095 12707 Nutty Brown Rd. 75 Twinbridge Dr., Unit A Pennsauken, NJ 08110 (PH) 856 324.0459 (FAX) 856 438.6616 GENERATORS Bldg. F 120 N. 25th St., Suite 300 Lebanon, PA 17042 (PH) 800 779-8809 (FAX) 717 274-5003 Austin, TX 78737 12707 Nutty Brown Rd., Bldg. F Austin, TX 78737 (PH) 737 703-5000 11950 NW 39th St., Ste. B, Coral Springs, FL 33065 (PH) 954 428-9990 (FAX) 954 360-7969 Packet Pg. 679 16.C.4.d .�GENERATOR SOURCE SALES - RENTALS • SERVICE 625 Baseline Road Brighton, CO 80603 BILL TO: GenServe LLC 100 Newtown Road Plainview, NY 11803 SHIP TO: 6027 Shirley St Naples, FL 34109 Date Out: 10/04/22 Date In: 11/02/22 INVOICE JL Power Inc 12707 Nutty Brown Road Building F Austin, TX 78737 Purchase Order: 0091243 DESCRIPTION: CITY UNIT COST TOTAL 10OKW Generator (Diesel) 3 Ph 4 $7,300.00/EA $29,200.00 Environmental Fee 4 $200.00/EA $800.00 Delivery 1 $6,500.00 $6,500.00 Pick Up 1 $6,500.00 $6,500.00 Net Order: Sales Tax: Order Total: PAYMENT DETAILS: CHECK NUMBER: $43,000.00 $0.00 $43,000.00 Packet Pg. 680 16.C.4.d GENERATOR SOURCE SALES • RENTALS • SERVICE 625 Baseline Road Brighton, CO 80603 BILL TO: GenServe LLC 100 Newtown Road Plainview, NY 11803 SHIP TO: 10500 Goodlette-Frank Rd Naples, FL 34109 Date Out: 10/04/22 Date In: 11/02/22 INVOICE JL Power Inc 12707 Nutty Brown Road Building F Austin, TX 78737 DESCRIPTION: QTY UNIT COST TOTAL 100KW Generator (Diesel) 3 Ph 8 $7,300.00/EA $58,400.00 Environmental Fee 8 $200.00/EA $1,600.00 Delivery 1 $6,500.00 $6,500,00 Net Order: Sales Tax: Order Total: PAYMENT DETAILS: CHECK NUMBER: $66,500.00 $0.00 $66,500.00 Packet Pg. 681 16.C.4.d GENERATOR SOURCE SALES • RENTALS - SERVICE 625 Baseline Road Brighton, CO 80603 BILL TO: CenServe LLC 100 Newtown Road Plainview, NY 11803 SHIP TO: 6027 Shirley Rd Naples, FL 34109 Date Out: 10/04/22 Date In: 11/02/22 INVOICE JL Power Inc 12707 Nutty Brown Road Building F Austin, TX 78737 Purchase Order: 0091134 DESCRIPTION: CITY UNIT COST TOTAL Delivery 1 $6,500.00 $6,500.00 Pick Up 2 $6,500.00 $13,000.00 Net Order: Sales Tax: Order Total: PAYMENT DETAILS: CHECK NUMBER: $19,500.00 $0.00 $19,500.00 Packet Pg. 682 16.C.4.d REMIT TO: LOGISTIC DYNAMICS, LLC PO BOX 675297 DETROIT, MI 48267-5297 PHONE: (716) 250-3477 FAX: (716) 250-3472 BILL TO: LJ Power Inc 12707 NUTTY BROWN ROAD AUSTIN, TX 78737 PICKUP LOCATION/DATE LJ POWER 12707 NUTTY BROWN RD AUSTIN, TX 78737 9/30/2022 INVOICE NUMBER: 1138624 INVOICE DATE: 10/4/2022 LDI LOAD##: 1137249 BILL OF LADING: BILLING REF. M 0091138 CUSTOMER CODE: LJP 771 TERMS: NET 21 DUE DATE: 10/25/2022 AR EMPLOYEE: GINA MCCARTER DELIVERY LOCATIONIDATE COLLECTIONS 6027 SHIRLEY STREET NAPLES, FL 34109 10/1/2022 DESCRIPTION QUANTITY RATE AMOUNT LINE HAUL $7,210.00 $7,210.00 INVOICE TOTAL: $7,210.00 Commodity: 150KVV GENERATOR Equipment: Power Only Special Instructions: Payment Due by 10/25/2022 * Balances unpaid after due date are subject to a finance charge of 1.5% per month Send Electronic Payment remittance details directly to Receivables@ShipLDI.com Please Make Check Payable to Logistic Dynamics, LLC MAIL CHECK TO: Logistic Dynamics, LLC PO BOX 675297 DETROIT, MI 48267-5297 www.ldishipper.com For Billing Questions, Call 800-554-3734 Please visit our Customer Portal for 2417 access to your invoices, tracking and tracing, and proofs of delivery. Packet Pg. 683 16.C.4.d REMIT TO: LOGISTIC DYNAMICS, LLC INVOICE NUMBER: 1138623 PO BOX 675297 INVOICE DATE: 101412022 DETROIT, MI 48267-5297 LDI LOAD #: 1137247 PHONE: (716) 250-3477 BILL OF LADING: FAX: (716) 250-3472 BILLING REF. #: 0091138 BILL TO: CUSTOMER CODE: LJP_771 LJ Power Inc TERMS: NET 21 12707 NUTTY BROWN ROAD AUSTIN, TX 78737 DUE DATE: 10/25/2022 AR EMPLOYEE: GINA MCCARTER PICKUP LOCATION/DATE DELIVERY LOCATIONMATE LJ POWER COLLECTIONS 12707 NUTTY BROWN RD 6027 SHIRLEY STREET AUSTIN, TX 78737 NAPLES, FL 34109 9/30/2022 1011 /2022 DESCRIPTION QUANTITY RATE AMOUN LINE HAUL $6,912.00 $6,912.00 INVOICE TOTAL: $6,912.00 Commoditv: 150KW GENERATOR Equipment: Power Only Special Instructions: Payment Due by 10/25/2022 * Balances unpaid after due date are subject to a finance charge of 1.5% per month Send Electronic Payment remittance details directly to Receivables@ShipLDI.com Please Make Check Payable to Logistic Dynamics, LLC MAIL CHECK TO; Logistic Dynamics, LLC PO BOX 675297 DETROIT, MI 48267-5297 www.ldishipper.com For Billing Questions, Call 800-554-3734 Please visit our Customer Portal for 2417 access to your invoices, tracking and tracing, and proofs of delivery. Packet Pg. 684 rAwE" For questions please contact: Tampa TCS So FL Tel: 813-877-8251 Fax: 813-877-8257 Bill To Trano U.S.Inc. 3600 Pammel Creek Road LaCrosse, WI 54601-7599 United States Remit Payment To Trane U.S. [nc. P. O. Box 845053 DALLAS, TX 75284-5053 LJ POWER INC 12707 NUTTY BROWN ROAD BUILDING F AUSTIN, TX 78737 UNITED STATES Sold To LJ POWER INC 12707 NUTTY BROWN ROAD BUILDIN AUSTIN, TX 78737 UNITED STATES Ship To 6027 SHIRLEY ST NAP LES, FL 34109 16.C.4.d Page 1 of I Invoice Invoice Number 313068121 Invoice Date Customer No. Reference No. Internal Account Payment Terms Payment Due Date Discount Date Customer Tax Id Inco Terms Supply Location Tampa TCS SO FL Shipping Method Tracking No. Freight Terms Bill of Lading https:l/www.tranetechnologies.com/customer CERTIfyTax -for submittal of tax exemption certificates. !Receivables - access invoice copies, account balances & make payments. axIGST ID: 25-0900465 tate Tax: 0.00 0.0000% County Tax: 0.00 0.0000% City Tax: 0.00 0.0000% District Tax: 0.00 o.o0n0% STIQST ID: rL COLLIER NAPLES Currency Subtotal I Special Charges I Tax I Freight Total USD 23784.00 1 0.001 0.001 0.00[�237�8400� Special Instructions THANK YOU FOR DOING BUSINESS WITH TRANS. FOR QUESTIONS PLEASE CONTACT YULIET PEREZ @ 954-499-6900, RENTAL TERM: ElWEEKLY❑ RENTAL DELIVERY:17912912022❑ BILLING TERM START: 0912912022E BILLING TERM ENDS:❑ 10126120220 RENTAL EQUI PM ENT: 11$18 744.00 MONTHLY Li Li 1- 18OKW $3 0=EAMIEEKLY 1- 140KW $2 5001EAM1EEKLY 4- CABLE $1871EAMIEEKLY: $748.00 FREIGHT:$5 040.00 REF PO: 911D7 D❑ ContractlCall No. Order Date Ship Date Purchase Order 22-9423827 21-OCT-2022 91107 Date Description Quantity UOM Unit Price I Extended Price Quoted Billing Summary 1 23,784.000 23,784.00 �7 T E C H Packet Pg. 685 16.C.4.d Emerald Transportation 4000 North Powerline Road Deerfield FL 33073 BC T100003 800-239-0604 PBTP73 Invoice # Billed To ; 300221 I'VE OWER INC Date ; 10/26/22 Year Make Name : GENSERVEILJ POWER INC ModelATORS C:4MOBLIE Address12707 NUTTY BROWN RD BLDG F Style otal City : AUSTIN, State:7�{Color V.I.N Zip :78737 License Howie Phone : 954-909-2851 State : FL Work Phone : 954-909-2851 Odometer : 0 Cash Value :.00 Reason :TRANSPORT Sale/Auction # : Sale Date P.O. # Membership : 0092153 # Call # : 198216 Lot Barcode Member Exp. CASE# Payout Desc. Driver : TKI TD 1940 UNIT# Need Release? : N Truck # Type of Tow : 138 : FLATBED Release Date Requested By ; GENSERVEILJ POWER INC / Location Release # Released To : 10500 Goodlette-Frank Rd ✓ Destination : 1595 SW 4th Ave LotlRowlSfot Time of Call Arrival Time : 05:45 : 05:32 Time Dispatch : 05:45 Drop Time 15:51 Hoak Time : 11:05 Total Hours - 7.34 Cleared Time : 15:52 Hourly Rate : $0.00 Billed To: GENSERVEILJ POWER INC Towing $1,750.00 City Fee $0.00 Labor $0.00 Mileage Summary Winching Cost $0.00 Beginning Ending Total Miles Rate Time/Scene $210.00 $0.00 0.0 0-0 0.0 0.0 0-0 0.0 $ 0.00 Unloaded $ 0.00 Loaded $0.00 $0.00 Discount $0.00 Storage Summary Subtotal Spc.Sry $1,960,00 Date In Date Out Total Days Rate 2nd Tow $0.00 $0.00 10/26/22 Storage $0.00 Admin $0.00 175 ph 2 hr min pip tractor and over 10,000 #s 15% Payout $0.00 138.75 ph p/p 2 hr min 15% under 10,000#s Tax Tax 2 $0.00 $0.00 Total $1,960.00 Amount Paid $0.00 Balance Due $1,960.00 Signature: #0 G G' Li Packet Pg. 686 16.C.4.d INVOICE NO DATE RSAD04306-2 10/18/2022 PAYMENT TERMS NET 30 DAYS INVOICE TO: LJ POWER GENERATORS 11960 NW 39TH STREET B CORAL SPRINGS FL 33065 444 Randy Road Carol Stream, IL 60188 630-462-7770 ALL CLAIMS AND RETURNED GOODS MUST BE WITHIN 10 DAYS AND MUST BE ACCOMPANIED BY THIS BILL, GEN POWER INC. CUSTOMER NO 444 RANDY ROAD BG0001250 CAROL STRFAM IL 60188 800-422.7280 CUSTOMER POD 0091161 l- a RENTAL INVOICE SHIP TO: LJ POWER GENERATORS 6027 Shirley St. Naples FL 34109 SALESMAN :SCOTTHARBAUGH CONTACT RENTAL CONTRACT :RSA004306 JOB SITE ; LJ POWER GENERATORS 6027 Shirley St. Naples FL 34109 SET UNIT 10 DELY ADDITIONAL DELIVERY TIME E01200002 S/N:1728B10967 OTY PRICE TOTAL DELIVERY TRUCK WAS RE-ROUTED SEVERAL TIMES DUE TO ROAD AND HIGHWAY CLOSURES FROM THE HURRICANE DAMAGE_ 840.00 840.00 TOTAL RENTAL 0.00 MISC CHARGES 840.00 SALES TAX 0.00 TOTAL AMOUNT 840.00 This invoice is subject to all the terms, provisions, conditions and limitations of the parts of sales agreement concerning the goods, services or equipmentsold or leased as described therein, Examine this invoice carefully as it will be deemed correct unless errors are reported to GenPower, wc. within 10 days of the dale hereof, The purchaser or lessee shall pay a service charge of 1.5% (1 BY, Annual Rate) on all amcunts not paid within 30 days following the date of such sale or lease and all costs of collection or enforcement including reasonable attorney's fees RETURNED ITEMS ARE SUBJECT TO A SERVIDEAND RESTOCKING CHARGE www.genpowerrents.com • 800-436-7697 Page 1 Packet Pg. 687 16.C.4.d REMIT TO: • Direct Connect Transport 7161 55th Street N INVOICE 0153404 Oakdale, MN 55128 DATE 10/06/2022 • f Phone: 855-266-6323 ORDER NUMBER 015 04 g DYNAPA01 C NAPLFL01 H DynaTech Generators N Naples Drop Site 7 I p 120 N 25th Street Suite 304 S 6027 Shirley St LEBANON, PA 17046 E NAPLES, FL 34109 R E B DYNAPA01 SHIP DATE 09/30/2022 DynaTech Generators BILL OF LADING wo generators L L 120 IN25th St STE 300 CONSIGNEE REF NO. PO # 0091189 LEBANON, PA 17042 DELIVERY DATE 10/05/2022 T O DESCR! TION WEIGHT UNITS RATE CHARGES Two (2) generators 21000.0 1.0000 5750.0000 5750.00 Min. weight: 0.0 Fiat rate Billing POJf.-6691189 Q THIS BILL IS PAST DUE ON 111/05/2022 l PLEASE PAY THIS AMOUNT I $5,750.00 Powered By McLeod Software Packet Pg. 688 F)at�tGi i D i➢ .(31�L N t� i �i dfil� L i► r tilo t � t� et l�dIRQ Hsc Ad&MC*t2DN 2ulr8t S coy. ,t.mMnaa, PoK WOO OW- ttta a",Zk'%- ' Pwtv i Fzxs , a V; FAA . ._ ;,fi mom ��r Ii-lY Fi fut. rw.eys+r raWt SCRIFMON' LSAO we "HM -Nip NWG# l71.A8$ - IOU Ut aOMd Of d"Mr" VMVO o1 # pw rty la spay gW W COD Afflou mi iM'aWpparfa he customer check O . tie NM-' UMUYY TIfi"i'tG►plLOBS i%tt.JDtllWi#tiMNTkU a9ft Ma �y.tfq+iwaF!u�rtAawehh �n.d�ipeii ki1011in lhi 4r�ird _ - - - - aM�lllw��llyr��,reyn�l+r��m�y - rrrw.4�+�fbiww.�a N�rer�iwurY�+r,N•iraw,ra set r �r r. rrwrw�gw4m i Mll , W" rrrkxnearrwaa►r. 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M 0092286 CUSTOMER CODE: LJP_771 TERMS: NET 21 DUE DATE: 11/23/2022 AR EMPLOYEE: GINA MCCARTER DELIVERY LOCATION/DATE NORTH COUNTY WATER RECLAMATION FACILIT GENSERVE GENERATOR SERVICE 10500 GOODLETTE FRANK RD NAPLES, FL 34109 10/25/2022 120 N 25TH ST LEBANON, PA 17042 10/27/2022 DESCRIPTION QUANTITY RATE AMOUNT LINE HAUL $6,250.00 $6,250.00 INVOICE TOTAL: $6,250.00 l:ommoaliy: (2) UtNtNA I UKb & UUN I AINER UF- C;ABLE5 Equipment: Flat Special Instructions: Payment Due by 11/23/2022 Balances unpaid after due date are subject to a finance charge of 1.5% per month Send Electronic Payment remittance details directly to Receivables@ShipLDI.com Please Make Check Payable to Logistic Dynamics, LLC MAIL CHECK TO: Logistic Dynamics, LLC PO BOX 675297 DETROIT, MI 48267-5297 www.ldishipper.com For Billing Questions, Call 800-554-3734 Please visit our Customer Portal for 2417 access to your invoices, tracking and tracing, and proofs of delivery. Packet Pg. 690 16.C.4.d 4 �icar�s202-2 BILL OF LADING Page i Name- NORTH COUNTY WATER RECLAMATION Bill of Lading Number: JIS1219 FACILITY Address: 105i10 GOOD11=TT� CRANK RD t'.jh•,,StsIw7p NAPLES, FL U141} SID# f OB. L11b1219 • CARRIER NAME: DYNAMO TRUCKING LLC Name. GENSERVC GCNERATOR SERVICE Trwr --r Number Address: 1:0 N 29TH ST Seal Number(s): Gly15tate2rp t EBANON, PA 17042 SCAC: CID# FOD Pro Number: F'ra1g; (717) 821-1007 JFAEMY . • ' - . Freight Cha(ga Terms: [mighicharpts anprspardi Name, LOGISTIC DYNAMICS LLC• rrnfassmarAedoVWwrsaJ Address 1140 Wehrle Ur. C41SWGIZp. Buffalo, NY 14Z21 Prepaid Collect 3rd Psrty ,_X_ SPECIAL INSTRUCTIONS: Master EisJl of Lading. with attached urtderlyiny t3ilis CHAINS kFQUIRED BJO STRARS OVER Tilt: TOP OF THE UNIT) of Lading COSTUMER CUSTOMER ORDER NUMBER 0 PKGS WEIGHT ORDER INFORMATION PALI.E7ISLIPI ADDITKMAL SHIPPER INFO " Y N — y N '— Y N y N Y N y N GRAND TOTAL INFORMATIONCARRIER tlat+nuMG UNrr PACKAGE WEIGHT H,Ii1 COMMQDffY DESCRIPTION LTI.ONLY QTY TYPE STY TYPE ommeabas ragtnsg spot* or 4WJb W care or agerwcn;n NNIFG # CLASS =%ia or stowing must be to marked ana packned as �0 jute sata bannpoejA" node ord wy ore 11060 7) GENERATORS GRAND TOTAL NMn ere ran it *"*f d.nt VA rakes &h ppen are r: AUV@d ro %W►:OKC.Alley in warn; tme COD Amount agr*ed «thawed vdue at tr 9XVIMty *e WOWS 'P�e wow upo^ er errlarw was,* od t" pmperty a ap004GA4 Learm br"ahyper to be rrpt es-..Fedstg Fee Terms: Collect, Prepaid: r Customer check Acceptable: NOTE Liability Limitation for foss or damage In this shipment may be vp icable. 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LLC MAIL CHECK TO: Logistic Dynamics, LLC PO BOX 675297 DETROIT, MI 48267-5297 www.ldishipper.com For Billing Questions, Call 800-554-3734 Please visit our Customer Portal for 2417 access to your invoices, tracking and tracing, and proofs of delivery. Packet Pg. 692 Load; 239520 - ' ' ''vvrINU ANn aorn, •� 16.C.4.d I Rma CL Z C; 4 M ID Cco t CI) .C] �. ,.. 91 i- In-=14 11\ 4 � �11 Q 5,°_ o°mnm 0.a i 1L'Uj aJ 1 W @m N.P 0 CL - .W r� a�Qc y I* V m-L` m°a .�kt,`-`' is ym �! n 4 Kr. 4owm Co 1 'EGA01 HN 0.1 L w $bmm Emc � ;r� •yam Co u m 0 47 � ' Cil � ...S�QL)US©t�© w w � C'3 0 4 ❑ is P W U t W CI ❑ I- '° W LL m��' o N ( i 0 CL v o Ua0LL i3Cr7m N LLI a' Q U F4- , 0 0 �oE0C 4°mwi� Dim Am'm Cry N'm� O °uYmmY Q•. o�mpE o=GrcE m v Sin nmwv,a�m w9 �m�3y Nm >Z EE_ a v, v J r uj �y c rr n�QUF z Q i E m, m ._ c nSPs no vi rn � C� CL r o d c- - .�, a a. V ' m q., E h N� n a, w t N'" F n= ci E .� ro c a.r - a caws' W ate_ ono. a Ec 0 r �nro OL R Q 121 v 1. �n ca �ice� �}N}•.� LLU W j EL Ll. 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Z 0 �. ao Q 3 V k Co } '; LL Y ` t U Q LLI L '• fA m W2�y r /- L S 3.. zo _ CD LU Cr LU iC .j (Z Packet Pg. 693 16.C.4.d Lei REMIT TO: LOGISTIC DYNAMICS, LLC INVOICE NUMBER: 1152923 PO BOX 675297 INVOICE DATE: 10/28/2022 DETROIT, MI 48267-5297 LDI LOAD #: 1151301 PHONE: (716) 250-3477 BILL OF LADING: FAX: (716) 250-3472 BILLING REF. #: 0092285 BILL TO: CUSTOMER CODE: LJP_771 LJ Power Inc TERMS: NET 21 12707 NUTTY BROWN ROAD DUE DATE: 11/18/2022 AUSTIN, TX 78737 AR EMPLOYEE: GINA MCCARTER PICKUP LOCATION/DATE DELIVERY LOCATION/DATE NORTH COUNTY WATER RECLAMATION FACILIT LERIO CORPORATION 10500 GOODLETTE FRANK RD / 1785 AVE A NAPLES, FL 34109 / KISSIMMEE, FL 34758 10/26/2022 ✓✓✓ 10/26/2022 DESCRIPTION QUANTITY RATE AMOUN LINE HAUL $3,819.00 $3,819.00 INVOICE TOTAL: $3,819.00 Commodity: (1) 200KWs, (1) 150KW GENERATORS & BOXES OF CABLES Equipment: Flat Special Instructions: Payment Due by 11/18/2022 Balances unpaid after due date are subject to a finance charge of 1.5% per month Send Electronic Payment remittance details directly to Recolvables@ShipLDI.com Please Make Check Payable to Logistic Dynamics. LLC MAIL CHECK TO: Logistic Dynamics, LLC PO BOX 675297 DETROIT, MI 48267-5297 www.ldishipper.com For Billing Questions, Call 800-554-3734 Please visit our Customer Portal for 2417 access to your invoices, tracking and tracing, and proofs of delivery. Packet Pg. 694 16.C.4.d U BILL OF LADING Name. NORTH COUNTY WATER REGLAMI FACILITY Address: 10500 GOODLETTF FRANK RD CityiState/Zip: NAPLES, FL 34109 SID# FOB. Name LERIO CORPORATION Address, 1785 AVE A C,IyrStateJZip. KISSIMMEE, FL 34758 CID# Ptione (954) 270-8846 ERIC iBill iiiLading iNumber: uii'iiiiiii CARRIER NAME: FLAT HAUL TRANSPORT INC Trailer Number: 6 qL( Seal Number(s)- FOB _ Ift Number: Page 4 Freight Charge Terms: (frerphr charges are PrePald) Name LOGISTIC DYNAMICS LLC unross marred orhorwlsa) Address 1140 Wehrle Dr. City/State/I Buffalo. NY 14221 Prepaid Collect 3rd Party _X_ $PECM iNSTRUCTIONS7 CHAINS REQAJIRED Master BID of Lading, with attached undtwlying Bills of Lading CUSTOMER ORDER I.NFORMATION CUSTOMER ORDER NUMBER N PKGS WEIGHT PALLETISLIP ADDITIONAL SHIPPER INFO ..� Y N — Y N Y N Y N Y N GRAND TOTAL CARRIER INFORMATION HANDLING UNIT PACKAGE WEIGHT KM COMMODITY DESCRIPTION LTL ONLY rr,rr,orfllles requhng s(M.,al ,sr dw.AkOfFdI carp, cw eIttent,an'r' NMFC tf CLASS OTY : TYPE QTY TYPE ndling I slow419 m,,si t:a so marked and wkagW as to vnsvre sate trarAspor,at,on with ar III care 20G40 1) 200KWs, f I) 15OKW GENERATORS & BOXES ! GRAND TOTAL Y.tiwre One *ate m diiiw dei-4 on ..h'K-1, ate n=quvnd to SWIG In InwrntnQ tAe � a ded•r•d talus of the P'+�ir^�Y as rn&COD Amount: sagon(o�r �C]ecl�are8�rah+a as Ifv apa[allhI aW•A_ ' C]U"P011lloibe hd VVVJ Fes Terms: Cotl+t Prepaid: Customer check acceptable: NOTE Liahiti 1Jmilat3an for lass or dame a in this shipmsnt ma 6e appllcable. 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LOGISTIC DYNAMICS, LLC PO BOX 675297 DETROIT, MI 48267-5297 PHONE: (716) 250-3477 FAX: (716) 250-3472 BILL TO: LJ Power Inc 12707 NUTTY BROWN ROAD AUSTIN, TX 78737 PICKUP LOCATION/DATE INVOICE NUMBER: 1150350 INVOICE DATE: 10/28/2022 LDI LOAD #: 1148780 BILL OF LADING: BILLING REF. #: 0092058 CUSTOMER CODE: LJP 771 TERMS: NET 21 DUE DATE: 11/18/2022 AR EMPLOYEE: GINA MCCARTER DELIVERY LOCATIONIDATE NORTH COUNTY WATER RECLAMATION FAC[LIT ILLINI POWER PRODUCTS 1 GEN POWER 10500 GOODLETTE FRANK RD 444 RANDY ROAD, NAPLES, FL 34109 CAROL STREAM, IL 60188 10/24/2022 10/26/2022 DESCRIPTION QUANTITY RATE AMOUN LINE HAUL $4,685.00 $4,685.00 INVOICE TOTAL: $4,685.00 commodity: VENEKA I UK Equipment: Hot Shot Special Instructions: Payment Due by 11 /1812022 * Balances unpaid after due date are subject to a finance charge of 1.5% per month Send Electronic Payment remittance details directly to Receivables@ShipLDI.com Please Make Check Payable to Logistic Dynamics, LLC MAIL CHECK TO: Logistic Dynamics, LLC PO BOX 675297 DETROIT, MI 48267-5297 www.ldishipper.com For Billing Questions, Call 800-554-3734 Please visit our Customer Portal for 2417 access to your invoices, tracking and tracing, and proofs of delivery. Packet Pg. 696 16.C.4.d 10/2412022 BILL OF LADING Name: NORTH COUNTY WATER RECLAMATION Bill of Lading Number; 1148780 l=ACILRTY Address: 10500 GOODLETTE FRANK RD CltyfState0p: NAPLES, FL 34109 SI D# FOB: 1148780 ` CARRIER NAME: APRZS TRANSPORT LLG Name, ILLINI POWER PRODUCTS I GEN POWER Trailer Number: Address: 444 RANDY ROAD, Seal Number(s): CltylStatelZip: CAROL STREAM, IL 60188 CID#! FOB. Phone: (630) 514-1735 SCOTT Number. • - . - III- a ETeiettt Ctgarge Terms: jfreight charges are prePafa) Name. LOGISTIC DYNAMICS LLC~ unless marked or6erwise) Address: 1140 Wehrle Dr. CitylStatefZlp: Buffalo, NY 14221 Prepaid— Collect 3rd Party X_ �;tAINS REQUIREO- NO STRAPS OVEWTHE10POr- T"EUNIT PLEASE CALL RECEIVER AT LEAST 3 HOURS PRIOR TO Master Will of Lading: With attached underlying Bills of Lading CUSTOMER ORDER NUMBER # PKGS WEIGHT PALLETISLIP ADDITIONAL SHIPPER INFO Y N Y N rL Y N —a y N Y N Y N GRAND TOTAL CARRIER INFORMATION HANDLING UNIT PACKAGE WEIGHT H.M COMMODITY ISESGRIPT117N LTL ONLY--"— ommodlliasrequringspecratoraddit%mekct's%urattWlortin NMFC# CLASS CITY TYPE QTY TYPE andling or stcWng must be so marked and packaged as to nsure sale transportation with ordinary care 9900 3ENERATOR GRAND TOTAL Vyhare the rates is dependent on value, shippers am required to state specifically in writing the C00 ikmoftt- . pP" atfei ! or declared value of lhaPP ' To Upon of declared value of the property is specifically stated by the shipper to be not 'T o agreed excCeding Fes Terms: Collect Prepaid: er Customer check acceptable; NOTE Liahili Lirnitation for loss or damage In this shipment may be v lcable. See 49 i1.S.C.147U1(c)(1 (A1 and (t ) Shall ttMak delivery RECEIVED, subject to Individually determined ratesiv of this shipment wMout payment of at se r contx t have beenThe rand ar�catia'uM,!, rules gall atherrlief writing betwetn the carrier and shipper, 9 app charges, that have been established by the carrier and are available to the shipper, on request and to all attsra SI�IPPERSIGNATUREIDATE IlerL gded: Frelghht_Cunted: CARRrIERJIGN srdc61PIf packages This is to certrfy that the above narned materials are properly �_ By Shipper Y Shipperp g tea red classified, descAbed, packaged, marked and labeled, and are placards. Carrier certifies emek$ency re%Wmte, BY 1?iiVBr SY r er?p81fet5 information was made available artdlor carrier has the US In proper condition for transportation according to the �— applicable regulations o(the US DDT. said to corttaln DOT emegenay response guidebook or equivalent documentation In the vehicle r L) 0 u_ m ar Q L d 3 0 a 7 J ko ar 0 a J Q 3 Y V 0o T t Ui c 0 E M Q Packet Pg. 697 16.C.4.e FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 18-7324 for Generator Maintenance, Repair & Installation THIS AGREEMENT, made and entered into on this day of 20&, by and between L.J. Power, Inc. authorized to do business in the State of Florida, whose business address is 9301 Hwy 290 West, #100, Austin, Texas 78736 (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 K 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 one (1 ) additional two (2 ) 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 ❑i Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑■ Request for Proposal (RFP) ❑ IRvitatiGR t9 god (ITB) ❑ QtheF ( ) # 18-7324 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 698 16.C.4.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 0 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3.3 ❑ The procedure for obtaining Work under this Agreement is outlined in ❑ Other Exhibit/Attachment: 3.4 ❑ The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 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): ❑ e\• A firm fiver•: total PFOG, efferiRg fnr a nrnie Gt, is autheFozerl 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 that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ❑ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 699 16.C.4.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. 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. 700 16.C.4.e Company Name: L.J. Power Inc. Address: 9301 Hwy 290 West, #100 Austin. Texas 78736 Authorized Agent: Attention Name & Title: Larry Davis Telephone: 737-703-5000 E-Mail(s): I.davis@lipower.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: Steve Messner Division Name: Public Utilities Water Division Address: 4370 Mercantile Ave. Naples, Florida 34112 Administrative Agent/PM: Pamela Libby, Manager -Distribution Telephone: 239-252-6239 E-Mail(s): Pamela. LibbyC�colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 701 16.C.4.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. FE-1 Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. FM-1 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 5 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver. 1) Packet Pg. 702 16.C.4.e F—. F Coverage -shall have minirnu.m. limits ef $ per Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 703 16.C.4.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 Public Utilities Water 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, Al RFP/ ❑ 4-T&❑ 9theF # 18-7324 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and FE-1 Other Exhibit/Attachment: Exhibit 1-02 Grant Certifications and Assurances . 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.I ) Packet Pg. 704 16.C.4.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) 252-8383 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. 705 16.C.4.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 Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold any payments otherwise due 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. FE-1 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. n■ 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.l ) Packet Pg. 706 16.C.4.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. ❑E 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. 0 PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form 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 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 Page 10 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 707 16.C.4.e upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. w • w � w w � � w .. �.r � � � � w w � - w - w - Y � � � � 1 w w•� ww- �r •NWQM 10 WIN: �_21ma=1na- - Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 708 16.C.4.e W 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. F 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. 00 _ ■ . 1 . l A . 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37._ SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 709 16.C.4.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. Al 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) F Y Packet Pg. 710 16.C.4.e IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST:,' BOARD OF N Y COMMI N RS COLLIER UN FLORI Cryst K. Kinzel; C rk & Comptrol Ua-A—�. W By: Andy Solis, Esq. , Chairman Dated: ;(SE!Mesfas to Cllairman'S S1,M)ature only, L.J. Power, Inc. Contractor's Witnesses: Contractor Formally Known A By: ontractor's First Witness Signature Larry Davis / P/esident Jason Hill TType/print signature and titleT TT pe pri t fitness nameT Contractor's Second Witness Jordan Stewart TType/print witness nameT At as rt-� d Legality: County Attorney L Print Nanie Page 14 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.I ) Packet Pg. 711 16.C.4.e Exhibit A Scope of Services 0 following this page (pages 1 through 3 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 712 16.C.4.e Award: A — Maintenance, Installation, Repair and Fuel Polishing Services: The Primary Contractor shall be PowerSecure Services, Inc. The Secondary Contractor shall be L.J. Power Inc. The County shall be considered a "prime contract" and all necessary resources shall be directed to this contract w �i enabling the County to continue to function during any urgent need or natural disaster. s w If the Primary Contractor is unable to provide the services as requested by the County the Secondary will be L $ contacted. a L 3 B — Rentals Services: o a The Primary Contractor shall be L.J. Power, Inc. J ti The Secondary Contractor shall be PowerSecure Services, Inc. N The County shall be considered a "prime contract' and all necessary resources shall be directed to this contract w L enabling the County to continue to function during any urgent need or natural disaster. o U If the Primary Contractor is unable to provide the services as requested by the County the Secondary will be 01 contacted. L m 3 0 TECHNICIAN QUALIFICATION1 a J Repair or installation of the power unit and generator shall be performed by fully trained generator technicians. M These technicians shall have at least five (5) years' experience in service repair and installation of generators and related equipment at other facilities with urgent application similar to that of Collier County's (i.e., hospitals, water pumping station, lift station, plants etc). The Contractor shall state what manufactures equipment the Contractor is authorized to service and repair. E The Contractor shall submit a list of the proposed technicians with their resumes in accordance with Tab 2, w Firm's Ability and Resources, Solicitation #18-7324. In the event of new personnel being hired during the course a of the contract, the Contractor will be required to submit the resumes and references of the new employee for County approval before performing any work under the scope of this Agreement. The Contractor shall be required to supply all necessary tools, equipment, labor and parts as necessary to complete repair and/or installation, a list will be attached to Contractor's response. The list shall include the dates repair equipment was last calibrated. The Contractor will be responsible for supplying and maintaining rental generators and hookup for all generators they cannot have operating within twenty-four (24) hours. Documentation of this cost will be required and approved by the County's Contract Administrative Agent, The Contractor must supply the County with phone numbers for urgent and routine call -out service. In the case of urgent call -out, the awarded contractor shall be on -site to provide service within two (2) hours of call -out and be available to respond twenty-four (24) hours a day, three hundred sixty-five (365) days a year. An urgent condition shall be considered to exist when any failed system hardware and/or software prevents, or threaten(A �U) Page 1 of 3 Packet Pg. 713 [HC.E] to prevent, the operation of the generator or switch gear from fulfilling its intended purpose. The a Contractor shall employ an adequate staff of approved technicians to provide the urgent service taking into account vacation and other leaves. Non -urgent service shall be provided within three (3) working days of request. Upon contract execution the Contractor will provide urgent contact information. The Contractor must have the ability to rent generators to the County and to provide monitoring equipment an( solutions to remotely monitor county generators. ANNUAL PREVENTIVE MAINTENANCE PROGRAM: Power Units/Generators and Associated Equipment: Visual maintenance inspections shall be performed quarterly, biannually or annually (Frequency determined by the requesting Department) with a complete, full load (1 hr), preventive maintenance service included with one (1) inspection. The awarded Contractor will provide a list of all sites to be inspected with proposed schedule of service. The schedule must be approved by each department or site designee. Service will be scheduled with the applicable departments. A forty-eight (48) hour notification is required before any work is to be performed. All routine scheduled work will be done during the normal work day, 7:30 a.m. to 4:00 p.m., Monday through Friday, excluding Countyholidays. Maintenance Inspections shall include a "Maintenance Inspection Checklist" which shall include, at a minimum, all items listed below, a sample of which shall be included in Contractor's response package. The Contractor will also supply a copy of safety procedures, i.e. Lock Out / Tag Out, with Contractor's response to Solicitation #18-7324. Cooling 1. Check water hoses (leaks, condition, connections) 2. Check radiator/heat exchanger (blockage, damage, leaks) 3. Check drive belts (condition, adjust if needed) 4. Check fan (lube bearing, condition, cracks) 5. Check operation of coolant heaters (adjust) 6. Check coolant level/antifreeze protection 7. Check DCA concentration (where applicable) 8. Check water pump (leaks) 9. Comments/ Notes Fuel 1. Check for leaks (hose condition, connections) 2. Clean injectors as needed 3. Check fuel transfer pump (leaks, operation) 4. Check governor (linkage, operation, adjustment) 5. Check day tank (operation, leaks) 6. Drain water separator (sediments) 7. Comments/ Notes Intake Exhaust 1. Visual check of piping (leaks, restrictions, conditions) 2. Check crankcase breather (clean if needed) 3. Check turbochargers (operation, leaks, clearances) 4. Inspect air cleaner (change at service) 5. Check rain cap condition 6. Comments/ Notes Page 2 of 3 Packet Pg. 714 Luvncanvn 1. Check oil level (condition of hoses) 2. Check for leaks (tighten loose connections) 3. Check hydraulic governor (add oil if needed) 4. Take oil sample for evaluation (before oil change) 5. Comments/ Notes Electrical 1. Check batteries (fluid level, conditions, operation) 2. Battery voltage drop when starting 3. Check connections (clean, tighten if needed) 4. Check battery charger operation 5. Check starting ability (starter amperage draw) 6. Visual check of engine wiring (shorts, breaks) 7. Comments/ Notes 8. Test all safeties a. over speed b. Low oil pressure c. Low water temperature d. Low fuel level General Condition 1. Engine room (ventilation, cleanliness) 2. Control positions (auto, off, breakers) 3. Check mounts 4. Check hour meter operation 5. Customer problems or questions 6. Check and date generator log 7. Service decal in place 8. Comments/ Notes 9. e. over crank f. high water temperature g. low water level h. emergency electronic overflow systems 1. others Generator 1. Check generator voltage 2. Check frequency (no load) 3. Check wiring (controls, breaker, regulator) 4. Visual check of stator and rotor 5. Visual check of brushes/rectifiers, regulator 6. Comments/ Notes Transfer Switch 1. Check calibration of meters 2. Test transfer switch 3. Adjust timers to customer's needs 4. Run unit under customer load (contact department designee before testing) 5. Comments/Notes Maintenance Service Shall Include: 1. All items listed under Annual Preventive Maintenance Program 2. Engine fuel filters changed 3. Engine oil and fuel filter changed 4. DCA filters changed (where applicable) 5. All air Filters (where applicable) 6. Fuel Polishing (where applicable & approval from the using department) Page 3 of 3 16.C.4.e Packet Pg. 715 16.C.4.e Exhibit B Fee Schedule (following this page) Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1 ) .'1 Packet Pg. 716 16.C.4.e 18-7324 EXHIBIT B-FEE SCHEDULE A — Maintenance, Installation, Repair and Fuel Polishing Services: Generator Technician — Normal Working Hours ! 85.00 $/hour Fuel Polishing, up to 500 Gallons ( 1.25 $/oal Fuel Polishing, over 500 Gallons j .55 $/gal Generator Technician -Overtime will be charge at time and one half for services after 4:30 p.m Subcontractor Mark -Up will be 15% Parts and Material Mark -Up will be 10% B — Rentals: Item Description Weekly Rental Rate Monthly, Rental Rate 1 10 KW Generator $2,050 $5,800 Delivery/ icku Delivery/Pickup 2 15 KW Generator $2,050 $5,800 Delivery/Pickup Delivery/Pickup 3 25 KW Generator $2,050 $5,800 Delivery/ icku Delivery/Pickup 4 50 KW Generator $2,250 $6,000 Delivery/ icku Delivery/Pickup 5 75 KW Generator $2,350 $6,000 Delivery/ icku Delivery/Pickup 6 100 KW Generator $2,350 $6,000 Delivery/ icku Delivery/Pickup 7 175 KW Generator $2,890 $7,300 Delivery/ icku Delivery/Pickup 8 200 KW Generator $3,210 $8,200 Delivery/Pickup Delivery/Pickup 9 250 KW Generator $3,210 $8,200 Delivery/ icku Delivery/ icku 10 300 KW Generator $3,550 $9,400 Delivery/ icku Delivery/Pickup 11 350 KW Generator $3,550 $9,400 Delivery/ icku Delivery/Pickup 1 I P e Packet Pg. 717 16.C.4.e 12 500 KW Generator $6,900 $18,800 Delivery/ icku Delivery/Pickup 13 750 KW Generator $8,500 $23,500 Delivery/ icku Delivery/Pickup 14 800 KW Generator $8,500 $23,500 Delivery/ icku Delivery/ icku 15 1000 KW Generator $10,300 $29,000 Delivery/ icku Delivery/Pickup 16 1250 KW Generator $12,000 $35,000 Delivery/ icku Delivery/Pickup 17 1500 KW Generator $16,000 $45,500 Delivery/ icku Delivery/Pickup 18 1750 KW Generator $18,000 $48,600 Delivery/ icku Delivery/Pickup 19 2000 KW Generator $18,000 $48,600 Delivery/ icku Delivery/Pickup 20 Cables 400 Am 50 FT $20 $60 2iP Packet Pg. 718 16.C.4.e Other Exhibit/Attachment Description: Exhibit 1-02 Grant Certifications and Assurances W following this page (GCA-1 through GCA-8) [phis exhibit is not applicable Page 17 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) r\( Packet Pg. 719 16.C.4.e EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2. Certification regarding Lobbying 3. Conflict of Interest 4, Anticipated DBE, M/WBE or VETERAN Participation Statement 5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 6. Acknowledgement of Grant Terms and Conditions 7. Scrutinized Companies Certification GCA - 1 Packet Pg. 720 16.C.4.e EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Larry Davis Name President Title L.J. Power, Inc. Firm Generator Maintenance, Repair and Installation Project Name 18-7324 Project Number 47-104826o Tax ID Number 07-952-1781 DUNS Number 93o1 Hwy 290 West, #too, Austin, Tx. 78736 Street dreC7ityState, Zip gnature GCA-2 Packet Pg. 721 16.C.4.e EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying The undersigned L.J. Power, Inc. (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of the Legislature, an officer or employee of the judicial branch, or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan, or cooperative agreement. (2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11,062, Florida Statutes, which is incorporated by reference into this solicitation, purchase order or contract. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Vendor/Contractor, L.J. Power, Inc. certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. Larry Davis Name of Authorized Official Presi n Title Signature of Vendor/Contractor's Authorized Official 6/12/18 Date GCA - 3 Packet Pg. 722 16.C.4.e EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification 18-7324 Collier County Solicitation No. 1, Larry Davis , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Larry Davis Name "Sisnature President 6-12-18 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge -issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGEIGOVT-2 executive branch -wide Privacy Act system of records. GCA-4 r Packet Pg. 723 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT )villbeverified. Unverffable statuses vAll require the PIRWE to either proivde a revised statement or provide source documentation that validates -I PRIME NAME PRIME FEM NUMBER CONTRACT DOLLAR AMOUNT L.J. Power, Inc. 47-104826o 1Unknown 15 THE PRI?,IE A FLOqIDA-CERTIFIE5 DISADVANTAGED, %TETEWJ Y N 15 THE ACTIVITY OF THIS CONTRACT. - MINORITY OR WOL1114 BUS' HESS ENTERPRISE? DBE? Y N CONSTRUCTION Y N (D5fPJBE,WBE) OR HAYE A SMALL DISADVANTAGED BUSINESS&ACERTIEiCATIONFROMTHESMALLBUSINESS IAE! E? Y N CONSULTAMON7 y Ij ADMINISTRATION? A SERVICE DISABLED VETERAW AA(BE? Y 14 OTHER? Y tJ No SOD GA? Y N I Is THIS SUBMI-S2011 A REVISION? j Y U T YES, REV SIGN NUMBER DBE MJWBE SUBCONTRACTOR OR SUPPLIER I TYPE OF WORK OR I D-HNICITY CODE SUBISUPPLIER PERCENT 0CONTRACT VETERAN I NAME SPECIALTY Isee Belowl I DOU I DOLLARS1: TOT NAME OF 5UBMrrTER DATE TITLE OF SUBMITTER Larry Davis 6-12-:i8 President EMAIL ADDRESS OF PRIME ISUBMIT"TER) TELEPHONE NUMBER FAX NUMBER, L.davis@ljpower.net 737-703-5000 737-703-5100 NOTE: This information is used to track and report anticipated OBE or mBE participation in federally -funded contracts. The anticipated DBE or IASE amount is voluntary andwill not become part of the contractual terms. This form must be submitted at time ofresportse to, a solicitation- and vihen awarded a County contra t, the prime will be asked to update the information for the grant compliance files. CODE BlackAmericanSA Hispanic American HA NativeAmerican NA Subcont. Asian American SAA Asia"adficArnetican APA Non-f.finority Women NPAW I Other: not ofanViDther group listed DATE LL 0 —j (.0 I, - to W. L) 0 —j ti 00 E M "0 GCA-5 Packet Pg. 724 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES C-011IFF1 MIJNTY G',.-iJCG MoN.Cf. PID O PPORTUNITY LIST FOR COMMODITIES AND C014TRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES it is the x1ficY of Co Nkr Co u a 4, tho r &so d van toged b us in esses. an d ink, o dtyveri dors, a s &ftn-- d in :J,,E-r ccde of F2 de ral 9 2g ut&,Io ns t CFP,) r r KoWa Statutes (ff). must hLT;e the-apportun4y to partkroate or) convocts stategrantassisto ce. Prime Contractor,-'Pfime Consultant. L.J. Power, Inc. Address and Phone Number. 93o1 Hwy 290 West, #1oo Austin, Tx. 78736 737-703-5000 Procurement r4umber/Adqerflsenleat Number: 1-9-7324 The list below is Intended to be a listing Affirms that are, or attempting to, participate on the project numbered above. The list must ind ude thefirm bidding or quoting as prim e� ass v.,ell as subs and suppliers quoting for pa itItipation, Prime iconvactccs and consultants must prmlde informaticit for Numbers 1, 2, 3, and 4; and., should provide arvi, information they have for Numbers 5, 6,7, and B. This form must be submitted with the bid package. 1, federal Tax ID t4umber. N/A 6. R DBE & Annual Gross Receipts L Firm Name- Non -DBE Less than i mi[lion 3. Phone Number. Bet"lieen 1-5 niffica 4, Address between $ 3-16million 7. R'lubc.-lisultant Subcontractor Between �,- 10-15 million Mort- than $ 15 million 5. Year Firm Established: 1, federal Tax]D Number-, N/A 6. DOE 8- Ann.] Gr.. Receipts .2. Firm Name: Noa-DBE Less than ;1 million 3. Phone Number- Between e,- i-3 million 4. Address petween $ 5-10 milliort 7� R Subcontractor Between �,� 10-15 million Subcons-ultant More than 515 million .5. Year -firm Established-. 1. Federal Tax ID Number- N/A 69 DBE S. Annual Gross Receipts * Firm Name- Less than $ 1 million 3. Phone Number Between,- , 1-5 million 4. Address Between 5-10 million 7.8 5u!..1ltraLtor Betty-een 1043 million Subconsultant L—A r0orethan S 15 m1flian 5. Year Firm Established: 1. Federal Tax ID number: N/A 5,8 DBE r7. Annual Gross Receipts 2. Firm Name, Non -DBE Less than 1 million 3. Phone ?,lumber. Between 15 million 4. Address Betvieen 5 3-10 million 7-P Subcontractor Between 10-:15 million Subconsultant 10cire thaln$ 13 trillion 5. Year Firm Established GCA-6 Packet Pg. 725 16.C.4.e EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Authorized Signature L.J. Power, Inc. Date 6-12-18 Address 9301 Hwy 290 West #too Austin, Tx 78736 Solicitation/Contract # i8-7324 GCA-7 Packet Pg. 726 16.C.4.e EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Scrutinized Companies Certification The undersigned L.J. Power, Inc. (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that it is not listed on the • Scrutinized Companies with Activities in Sudan List, • Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and/or • Scrutinized Companies with Activities in Israel List (eff. 10.1.2016), pursuant to Section 215.473, F.S. The subcontractor further agrees the County may immediately terminate this contract for cause if the vendor/contractor is found to have submitted a false certification or is placed on the Scrutinized Companies list during the term of the contract. Larry Davis Name of Authorized Official President Title �— Signature of Vendor/Contractor's Authorized Official 6-12-18 Date GCA - 8 : ,. Packet Pg. 727 16.C.4.e AC" �® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ��R 10/4/2018 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 NAME: Ann Watters Sihlelnsurance Group, Inc. 916 S. Wickham Rd. PHONE FAX A/c No Exr: 321-422-7890 vc No:321-724-2063 ADDRIESS: awatters(@sihie.com Melbourne FL 32904 INSURER 5 AFFORDING COVERAGE NAIC # INSURER A: Ohio Casualty Insurance Co. INSURED LJPOWER-01 INSURER B LJ Power, Inc. 12707 Nutty Brown Road INSURER C : INSURER D : Building F INSURER E : Austin TX 78737 INSURER F : COVERAGES CERTIFICATE NUMBER: 1520515179 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y BKS58213607 10/21/2018 10/21/2019 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'L POLICY ❑ PRO - POLICY ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: 1 A AUTOMOBILE LIABILITY Y Y BAS57831537 10/21/2018 10,21/2019 GOMBINEDSINGLELIMIT Ea accident). $1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS IX BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR US058213607 10/21/2018 10/21/2019 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ISTERERH ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A -- (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A INLAND MARINE BM057831537 10/21/2018 10/21/2019 Leased/Rented Equip $100,000 Deductible $1,000 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 included as Additional Insured with respect to General Liability and Automobile Liability when required by written contract. A Waiver of Subrogation applies when required by written contract to General Liability and Automobile Liability policy in favor of Collier County Board of County Commissioners. 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. 728 T3-L28 16.C.4.e A� R"® CERTIFICATE OF LIABILITY INSURANCE DATE 15/2018 8/15/2018 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 Commercial Lines - (305) 443-4886 USI Insurance Services National, Inc. CONTACT Risk Management Department ANEo FAX -0021N.t : (866 443-8489 AIc No): (800)889 E-MAIL ADDRESS: Work.Comp@Trinet.com INSURERS) AFFORDING COVERAGE NAIC# 2601 South Bayshore Drive, Suite 1600 INSURERA: Indemnity Insurance Company of North America 43575 Coconut Grove, FL 33133 INSURED INSURER B : TriNet HR III -A, Inc. INSURER C RE: LJ Power Inc. INSURER D INSURER E : 9000 Town Center Parkway INSURER F : Bradenton, FL 34202 COVERAGES CERTIFICATE NUMBER: 13359358 REVISION NUMBER: See below 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 OF INSURANCE ADDLTYPE JNM SUER POLICY NUMBER MMIDDIY POLICY EFF YYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE S CLAIMS -MADE OCCUR DA PREMISES Ea occurrence) $ MED EXP (Any one person) $ PERSONAL BADVINJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO-❑ LOC JECT PRODUCTS -COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) S PROPERTYDAMAGE Per accident S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLALIAB OCCUR EACH OCCURRENCE S AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ A ION ILIT YERS'LIABILITY AND EMPLOYERS' LIABILITY AND EMPLOYERS' OF ICER/MEM ER XCLUDED7ECUTIVE Yj N. (Mandatory In NH) NIA WLR C65440738 — 7/1 /2018 7/1/2019 X STATUTE ERH E.L. EACH ACCIDENT 2,000,000 $ E.L. DISEASE - EA EMPLOYEE _ $ 2,000,000 If Yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Workers' Compensation coverage is limited to worksite employees of LJ Power Inc. through a co -employment agreement with TriNet HR III -A, Inc. For any and all work performed on behalf of Collier County Contract #18-7324 Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 ILLATION 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 9e The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) Packet Pg. 729 16.C.4.f FIRST AMENDMENT TO AGREEMENT #18-7324 GENERATOR MAINTENANCE, REPAIR & INSTALLATION THIS AMENDMENT made and entered into on this b 'day of /9y 6 4 7_ 2019, by and between L.J. Power, Inc., (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WHEREAS, on November 13, 2018, (Agenda Item 16.C.2), the County entered into an Agreement with Contractor to provide complete generator maintenance, installation, repair and fuel polishing, as well as, generator rental services for all County divisions; and U_ a� WHEREAS, the parties desire to amend the Agreement to revise Exhibit B-Fee Schedule to correct the overtime charged after 4:30 p.m. to 4:00 p.m. to correspond to the language presented in 4' w the solicitation. a L NOW, THEREFORE, in consideration of the mutual promises and covenants herein a contained, it is agreed by the parties as follows: Words Str-uek Throuo are deleted; Words Underlined are added v N *k C 18-7324 EXHIBIT B-FEE SCHEDULE a A — Maintenance, Installation, Repair and Fuel Polishing Services: L 3 0 a Description Unit Price J N Generator Technician — Normal Working Hours $85.00 $/hour ao c Fuel Polishing, up to 500 Gallons $1.25 $/gal M r Fuel Polishing, over 500 Gallons .55 a $/gal Generator Technician -Overtime will be charge at time and one half for services after 4:39 p.m-4:00p.m. Subcontractor Mark -Up will be 15% Parts and Material Mark -Up will be 10% Pagel of 2 First Amendment to Agreement #18-7324 L.J. Power, Inc. 1 Packet Pg. 730 16.C.4.f IN WITNESS WHEREOF, the parties have executed this Amendment on the date and year first written above by an authorized person or agent. CONTRACTOR L.J. Power, Inc. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ]3y: 13LVA, .. Sign ture a F. Coyman Jr., Director of Procurement Services Division Ll -►'l� bay, �af< de-,iT TType/prii t signature and titleT -73/ Date Contractor's Witnesses: First Witness G TT e/pr'n Zvi ess nameT Seca fitness 7�'6R.o atj STkAPNz - TType/print witness nameT Date Approved Print Name Page 2 of 2 First Amendment to Agreement #18-7324 L.J. Power, Inc. d r a Packet Pg. 731 DocuSign Envelope ID: 213E9E5C-83CA-4514-BC82-05288B136ABE SECOND AMENDMENT TO AGREEMENT 418-7324 16.C.4.g FOR GENERATOR MAINTENANCE, REPAIR & INSTALLATION THIS AMENDMENT made and entered into on this 3/10/2020 (date), by and between L.J. Power, Inc., (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WHEREAS, on November 13, 2018, (Agenda Item 16.C.2), the County entered into an Agreement with Contractor to provide complete generator maintenance, installation, repair and fuel polishing, as well as, generator rental services for all County divisions; and WHEREAS, on August 13, 2019, the County approved the First Amendment to the Agreement to correct the time after which overtime can be charged from 4:30pm to 4:00pm; and WHEREAS, the parties desire to further amend the Agreement to revise Exhibit B-Fee Schedule adding language determining when backup documentation is required on any single itemized material under or over $250.00. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: Words Struek Throvo are deleted; Words Underlined are added 18-7324 EXHIBIT B-FEE SCHEDULE A — Maintenance, Installation, Repair and Fuel Polishing Services: invoices with any single itemized _material less than $250 00 shall not require backup documentation unless shipping and freight charges apply. Invoices with any single itemized material that exceed $250.00 shall require backup documentation. Generator Technician -Overtime will be charge at time and one half for services after 4.00p.m. Subcontractor Mark -Up will be 15% Parts and Material Mark -Up will be 10% Page I of 2 Second Amendment to Agreement #18-7324 L.J. Power, Inc. Packet Pg. 732 DocuSign Envelope ID: 213E9E5C-83CA-4514-BC82-05288B136ABE 16. C.4.g IN WITNESS WHEREOF, the parties have executed this Second Amendment on the date and year first written above by an authorized person or agent. CONTRACTOR L.J. Power, Inc. DocuSigned by: By: �Z Signature Larry Davis TType/print signature and title 3/10/2020 Date Contractor's Witnesses: First Witness TType/print witness nameT Second Witness TType/print witness nameT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DocuSigned by: {]E H BJ : �FrC�(�A77QRSS Pl; Sandra Herrera Director of Procurement Services Division 3/10/2020 Date g&ak, ,0.s to Form and Legality: Sc,M- Q. GacQ Deputy County Attorney f Scott R. Teach Print Name Page 2 of 2 Second Amendment to Agreement #18-7324 L.J. Power, Inc.. Packet Pg. 733