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Agenda 07/11/2023 Item #16F3 (Award bid to Electrical Contractors to Simmonds Electrical of Naples, Inc)16.F.3 07/ 11 /2023 Recommendation to award Invitation to Bid ("ITB") No. 23-8074, "Electrical Contractors," to Simmonds Electrical of Naples, Inc., as the primary vendor, and Technical Management Associates, Inc., as the secondary vendor, and authorize the Chairman to sign the attached agreements. OBJECTIVE: To retain vendors to maintain the integrity and continuous operation mechanical systems in various County -owned and leased buildings and facilities. CONSIDERATIONS: Collier County Facilities Management Division is responsible for maintaining the electrical systems in various County owned and leased buildings and facilities throughout the County. To maintain the integrity and continuous operation of those systems, the County intends to award contracts to perform maintenance, routine, and urgent repair services. On March 8, 2023, the Procurement Services Division released notices for ITB No. 23-8074, Electrical Contractors, and received three bids by the April 10, 2023, deadline. Respondents: Company Name City County State Bid Amount* Responsive/ Responsible Simmonds Electrical of Bonita Lee FL $215,560.00 Yes/Yes Naples, Inc. Springs Technical Management Fort Myers Lee FL $273,300.00 Yes/Yes Associates, Inc. MP Predictive Orlando Orange FL $407,400.00 No/Yes Technologies, Inc. (*For bid evaluation purposes.) Staff found the bids submitted by Simmonds Electrical of Naples, Inc. and Technical Management Associates, Inc. responsive and responsible, with minor irregularities. Staff found MP Predictive Technologies, Inc.'s bid non- responsive for not meeting the ITB's requirements. Simmonds Electrical of Naples, Inc. has been in business since 1982, is a Florida certified licensed contractor, and has provided service for Collier County under prior contracts since 2009. Technical Management Associates, Inc. has been in business since 1983, is a nationally recognized leader in construction services, and has provided service to the County since 2007. Staff recommends that the attached proposed agreements be awarded to Simmonds Electrical of Naples, Inc., as the primary vendor, and Technical Management Associates, Inc., as the secondary vendor. FISCAL IMPACT: Historical spend since 2018 for these services is approximately $1.2M annually. Budget for this contract is provided annually within the General Fund Facilities Management Cost Center (001-122240). Other County Manager Divisions utilizing this contract will provide funding from their respective budgets. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award ITB No. 23-8074, "Electrical Contractors," to Simmonds Electrical of Naples, Inc., as the primary vendor, and Technical Management Associates, Inc., as the secondary vendor, and authorize the Chairman to sign the attached agreements. Packet Pg. 945 16.F.3 07/ 11 /2023 PREPARED BY: James Williams, Assistant Division Director ATTACHMENT(S) 1.23-8074 Solicitation (PDF) 2.23-8074 Bid Tabulation (PDF) 3.23-8074 NORA_Executed (PDF) 4.23-8074 Contract Simmonds VendorSigned (PDF) 5.23-8074 Simmonds_Proposal (PDF) 6.23-8074 COI_Simmonds New (PDF) 7.23-8074 Contract Technical Management_VendorSigned (PDF) 8.23-8074 Tech Management Assoc —Proposal (PDF) 9.23-8074 COI_Technical Management (PDF) Packet Pg. 946 16.F.3 07/11/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.17.3 Doe ID: 25654 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 23-8074, "Electrical Contractors," to Simmonds Electrical of Naples, Inc., as the primary vendor, and Technical Management Associates, Inc., as the secondary vendor, and authorize the Chairman to sign the attached agreements. Meeting Date: 07/11/2023 Prepared by: Title: — Facilities Management Name: Todd Fiedorowicz 06/07/2023 1:26 PM Submitted by: Title: — Facilities Management Name: John McCormick 06/07/2023 1:26 PM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Barbara Lance Additional Reviewer Facilities Management Jennifer Belpedio Manager - Real Property Procurement Services Sue Zimmerman Additional Reviewer Facilities Management John McCormick Director - Facilities Procurement Services Sandra Herrera Procurement Director Review Grants Maria Kantaras Level 2 Grants Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley Additional Reviewer County Manager's Office Ed Finn Additional Reviewer Office of Management and Budget Christopher Johnson Additional Reviewer County Manager's Office Ed Finn Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 06/08/2023 5:29 PM Completed 06/09/2023 8:09 AM Completed 06/13/2023 12:12 PM Completed 06/19/2023 5:03 PM Completed 06/22/2023 9:14 AM Completed 06/23/2023 3:48 PM Completed 06/26/2023 11:24 AM Completed 06/27/2023 8:33 AM Completed 06/27/2023 11:32 AM Completed 06/28/2023 10:31 AM Completed 06/30/2023 10:24 AM Completed 06/30/2023 3:15 PM Completed 07/03/2023 9:46 AM Completed 07/05/2023 12:24 PM 07/11/2023 9:00 AM Packet Pg. 947 16.F.3.a ;r CorierC01414ty Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) ° L 0 U FOR F0 •L ELECTRICAL CONTRACTORS W SOLICITATION NO.: 23-8074 BARBARA LANCE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8998 Barbara.Lance@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 948 16.F.3.a SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 23-8074 PROJECT TITLE: ELECTRICAL CONTRACTORS PRE- BID MEETING: N/A LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 DUE DATE: MONDAY, APRIL 10, 2023 AT 3:00 PM EST PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsy!ic.com/bidsync-cas INTRODUCTION As requested by the Collier County Facilities Management Division (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $6,000,000; however, this may not be indicative of future buying patterns BACKGROUND Collier County is soliciting this Invitation to Bid with the intent of selecting electrical service Contractor(s) to provide labor, material, and equipment to perform repair and new installations for County Divisions. Past contract work, and new contract work shall include, but not be limited to the scope described below and communication, instrumentation, and control work. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years, with two (2) one (1) year renewal options Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery: provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows: ➢ The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. �n L 0 L ♦0♦ V �L ci m W ti 0 a� M N m H L 3 Q m Ln N c 0 0 U) 0 0 M N c 0 E z Q Packet Pg. 949 16.F.3.a ➢ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest total price as outlined below: • Lowest Total Bid ➢ Collier County reserves the right to select one, or more than one supplier's, award on a line -item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • Award to multiple contractors on a Primary/Secondary/Tertiary basis. o Should the Primary Contractor not be able to provide the services within the time period or is unable to perform the normal or urgent requests, the Division reserves its rights to move to the Secondary and Tertiary, as necessary. The County reserves the right to seek services outside of the contract if the Primary, Secondary or Tertiary are unable to perform. =' in 0 ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. 0 c 0 c� DETAILED SCOPE OF WORK The Contractor shall provide all labor, material, and equipment for electrical services. Projects exceeding a total of $200,000.00 shall be h formally solicited separately. These services will include repairs and new installations, and may include, but not be limited to, the following am services for County Divisions listed below: !L Facilities Manazement c The Facilities Division requires a variety of electrical services in more than 600 locations across the County. Services include, O0 M but not limited to, building/parking lot re-lamping and retrofits, underground repairs, new conduit, panel replacements, and N power system upgrades. m Parks & Recreation E M The Parks and Recreation Division requires electrical services, including bulb replacement, at various ball fields, tennis courts, Q buildings, and community centers in the Naples, Marco Island, Immokalee, and Everglades areas. The services required may include, but are not limited to, the following:LO • Installation and removal of electrical panels for special events, Ln • Addition and/or replacement of circuit breakers, receptacles, and switches, v • Installation of scoreboards at various athletic facilities locations, 0 • Removal of, and work on Park water features and equipment (use of cranes, lifts and bucket trucks may be required, and • Installation of sport field lights (use of a bucket truck may be required). p Transportation c The Transportation Division requires a variety of electrical services in the maintenance of traffic and streetlights, storm water ao systems and other miscellaneous equipment and building areas. N Public Utilities aa) For work at the County's Water and Wastewater Divisions, on -call or new installation, the Contractor must be knowledgeable z in industrial electronic repair, as a majority of this work requires working with 4160 VAC and below, including, but not limited to, splicing of submersible motors, troubleshooting and rewiring high service motors, thermal overloads with the associated Q Variable Frequency Drives (VFDs), chemical feed pumps fed by 4-20 MA, and assorted breakers and starters made by GE and Siemens (600V-90 Amp). GENERAL REQUIREMENTS 1.1 FEMA funding may be used, in part, in support of this procurement. The Contractor(s) will maintain sufficient personnel to accomplish County's demand and secure qualified supplemental labor in event of a declared emergency. 1.2 Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. All other hours shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time and one half. Packet Pg. 950 16.F.3.a Designated County Holidays: • New Year's Day • Martin Luther King, Jr. Day • President's Day • Memorial Day • Independence Day • Labor Day • Veteran's Day • Thanksgiving Day • Day after Thanksgiving • Christmas Eve • Christmas Day 1.3 Work Requests The Contractors may also be required to respond to urgent work requests at times other than normal working hours. The Contractors shall be able to be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days per year for such urgent work. 1.3.1 Normal Request: Contractor shall start work within two (2) business days after a valid Purchase Order has been issued by an appropriate County Representative. If requested, Contractor shall provide a time and materials proposal. Contractor must receive approval from the County Representative if additional time is needed. 1.3.2 Urgent Request: Contractor shall acknowledge an urgent request within one (1) hour of the request being sent by the County Representative. Contractor shall be on -site within two (2) hours after the County's initial request. A response time may be adjusted with approval by the County Representative. The issue must be resolved within 24 (twenty-four) hours unless additional time is approved by the County Representative. If requested, Contractor shall provide a time and materials proposal within the original 24 (twenty-four) hours. • The Contractor shall be paid a 1.5 x straight hourly rate for urgent requests regardless of the day or time the work is performed. • The Contractors shall supply the County with an emergency on -call telephone number and the same (or different telephone number) for routine repairs/new installation. 1.4 Employees The Contractors shall employ at least three (3) licensed electricians with at least four (4) years proven electrical knowledge, skills and experience in the industrial and commercial field; and adequate numbers of helpers to provide additional services. 1.5 Licenses The Contractors, at time of bid submittal, shall possess, and maintain throughout the term of the contract period and any renewal periods, the correct occupational (electrician) licenses, all professional licenses, or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. The Contractors shall be licensed to operate within Collier County. 1.6 Safety Contractors and subcontractors shall comply with all Occupational Safety and Health Administration (OSHA), National Electric Code (NEC), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. 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. 1.7 Background Checks Subcontractors must have background checks if they will have physical access to any Collier County locations, facilities, documents, or other information related to security and/or public safety, or at the discretion of the County, at the Contractor's expense. Contract employees with negative background check results may be denied all access to the site, may be restricted to specified geographic areas and/or at certain times of the day and must always be personally escorted by a County or Contract employee that is not subject to any such restrictions. (See following Section: Security, Background and Identification for additional information.) 1.8 Employee Identification Contractors shall ensure that all employees have Collier County Government identification badges prior to the start of work, and that, those identification badges are worn at all times while performing services on County facilities. Any Contractor's staff or subcontractors observed on site without authorized identification badge will be removed immediately from the job at in 0L c 0 c� �L ci m w er ti 0 a� M N 00 H L 3 Q U) cm Ln N c 0 M .2 0 U) ti 0 a? M N c m E 0 2 a Packet Pg. 951 16.F.3.a no expense to the County. The Contractor whose member has been removed from a job site will have negative comments placed in the annual review on file with the County regarding this noncompliance. 1.9 Equipment Contractors shall own and have in good repair or can rent all equipment necessary to perform the described services and the equipment necessary to complete related tasks. If heavy equipment (i.e., crane, bucket truck, etc.) is needed, the user Division must be notified, in advance, for approval. The Contractor shall have occasions where they must have, or rent, bucket trucks that extend from fifteen (15) to one hundred twenty-five (125) feet. Contractors must list any equipment that they do not have, or have access to, to meet the fifteen (15) to one hundred twenty-five (125) feet requirement. Equipment rental costs shall commence once it arrives at the County's service site. 1.10 Parts/Materials Parts/materials purchased for on -call electrical repairs/new installations shall be reimbursed at cost plus applicable mark-up of 10%. The Contractor shall provide documentation with their invoice, of the cost for parts and supplies (i.e., invoices) for all individual items with a price of five hundred dollars ($500.00) or more. The Contractor must also be able to order and receive repair parts in a timely and effective manner. Electrical parts manufacturers that are commonly used by the County include the following which is just a representative list and does not list all the parts manufacturers within the County facilities. Seco Electronics Allen Bradley Square D Action Pak/Action Instrument SSAC Di i Set Time Delays PS Syracuse Diversified Potter Brumfield Russell Stoll Magnetek, AGM ACME 1.11 Protection of Property The Contractors shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations the Contractors shall replace or repair the same at no cost to the County. 1.12 Clean -Up The Contractors shall be responsible for removing all debris from the site and cleaning affected areas. Contractors shall keep the premises free of debris and unusable materials resulting from their work and as work progresses, or upon request by the County's representative, shall remove such debris and materials from the property. The Contractor shall leave all affected areas as they were prior to beginning work (i.e., backfill trenches and replace sod). 1.13 Warranty/Guarantee Parts, replacement parts and fixtures shall be new and warranted for ninety (90) days. All labor for repairs shall have a one (1) year warranty or an agreed upon time period with County designee. 1.14 Unsatisfactory Work In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given seven (7) calendar days to correct the work. There will be no cost to the County for re -work or previously performed service by Contractor. 1.15 Contractor Rates All hourly rates quoted in the bid schedule shall be all inclusive including, but not limited to the hourly employee pay rate, insurance, Contractor's overhead, profit, employee -related taxes, and any, and all costs associated with the employee travel including cost of vehicle, mileage, fuel charges and any other surcharges. Input hourly rate for items in Lines 1-10 below. All line items in the bid schedule (line items I-10) must be completed, or bidder may be deemed non -responsive. 1.16 Invoices The Contractor shall produce invoices that contain the following details regarding the services performed: • Purchase Order number, • Location of service and any Division reference number for the service, • By position: Identify position, number of work hours performed on site, labor rate and total cost, • Parts/Materials furnished: Description of each part used, Contractor's cost of part, mark-up (either as a percentage or dollar) and total cost (the County may request the Contractor's invoice from their supplier for any material used on the completion of a project), • Equipment: Description of each piece of equipment used, Contractor's cost of equipment and total cost (the County may request the Contractor's invoice from their supplier for any equipment rented on the completion of a project), • Subcontractors/Equipment Rental: Description of service provided, number of hours, hourly rate per trade, Contractor's mark-up, and total cost. Subcontractors will be allowed a maximum of 15% markup for services. o Subcontractor rates shall not exceed Contractor rates. in L 0 L r_ 0 c.� �L m w ti 0 0 M N M H c� 3 Q 0 cm 0 N c 0 W cc U 0 U) 0 0 M N c am E U 2 a Packet Pg. 952 16.F.3.a • If applicable, any deductions or discounts, and • Total cost to be paid by the County. SECURITY, BACKGROUND AND IDENTIFICATION 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 always wear Collier County Government Identification badges 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 c shall have on their shirts the name of the contractor's business. L The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail L- o (D FMOPSO)colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is 0 critical to ensure the continued security of Collier County facilities and systems. a L CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of m the contract. If there are additional fees for this process, for which the Contractor is responsible for all costs. w ti 0 VENDOR CHECKLIST M N ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** m The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients (during the last 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide Q information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using Form 5 provided in BidSync as part of the Required Forms. Vendors may include two (2) additional pages for each project to V illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project 10 work. N Packet Pg. 953 "O rp C,sJOPea;uo3 Ieola43013,. `bL08-£Z 811 pJemV : tiS99Z) uo!}eingel P!8 tiL08-£Z qugwt4oe;}d O O O O O O O p O O O O O O O � O O O O O O O � O 00000�000 O O O O O O 0 > r-i p o 0o O Z V y 0 W O b9 69 69 69 69 69 69 69 Gn 69 SA x /^i-I O O CDO CDO CDO OZ 0, Z Fy M .--i N C x F�1 Gn O O O O O O O O O O o O O O C O C O O O O O O T. O� N 69 69 6H 69 vR b9 vR b9 vR bs 6<i � O O O O O O O O O O V•U O O O O O O O O O O m • y O O O C 'O V1 N O O V1 N V1 N V1 N V1 N U y.y U H O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 Ui k1 O O y N C r , W y bR 69 69 69 69 b9 b9 b9 b9 b9 b9 o 0 0 0 0 0 0 0 0 0 cce � Z �, o000000000 �, kn 3 x o �6srs6srs6srs ^O 0 W b cc 0 i+ F 1� e 0 0 O. o 0 o d v A � � .O L E- w U �' ks i �O It O O °¢xc�Aa-t�0� O e y M O N I c 0 O s z zz i i CL Q Y U 0 a" a y v v v v v v v v a m u 'C N u C O Z N � > N d m in F Z cW L Q N O O u a 0 W Z v � �CC L O E in G z C LU '5 b d .o � y 7�4 U w o ' U � o -o 0 N Qi d v }O•U � � O" >U 0 0 0 m O O W> � 3 m' Iq LO m Cb a m i V m a DocuSign Envelope ID: A9C323E9-9430-4047-8BE2-D83D2A3986C0 16.F.3.c Co pier C01.nty Procurement Services Division Notice of Recommended Award Solicitation: 23-8074 Title: Electrical Contractors Due Date and Time: April 10, 2023, at 3:00 pm EST Respondents: Company Name City County State Bid Amount Responsive/Responsible Simmonds Electrical of Naples, Inc. Bonita Springs Lee FL $215,560.00 Yes/Yes Technical Management Associates, Inc. Fort Myers Lee FL $273,300.00 Yes/Yes MP Predictive Technologies, Inc. Orlando Orange FL $407,400.00 No/Yes Utilized Local Vendor Preference: Yes 0 No - Recommended Vendor(s) For Award: On March 8, 2023, the Procurement Services Division issued Invitation to Bid ("ITB") No. 23-8074, Electrical Contractors, to twenty-five thousand, three hundred and one (25,301) vendors. Forty-four (44) bid packages were viewed and three (3) bids were received by the April 10, 2023, deadline. Staff reviewed the bids received. Simmonds Electrical of Naples, Inc. and Technical Management Associates, Inc. were deemed responsive and responsible with minor irregularities. MP Predictive Technologies, Inc. was deemed non -responsive for not meeting requirements of the solicitation. Staff recommends the contract be awarded to Primary and Secondary vendors as noted below: Primary - Simmonds Electrical of Naples, Inc. Secondary -Technical Management Associates, Inc. Contract Driven = Purchase Order Driven 0 Required Signatures —DocuSigned by: Project Manager: Alina Gonzalez I a.uU/lG1 12419_. by: Procurement Strategist: Barbara Lance I uw� C-1_&"'f' 4/26/2023 14490C19A3D448F... Procurement Services Director: DocuSigned by: 4/26/2023 Date Packet Pg. 955 16.F.3.d FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 23-8074 for N L t� ELECTRICAL CONTRACTORS L THIS AGREEMENT, made and entered into on this day of 2023 by and between Simmonds Electrical of Naples, Inc, authorized to do business in the State of Florida, whose business address is r 8941 Quality Road, Bonita Springs, FL 34145 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): ti WIT NESSETH:CD 00 AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ❑■ upon the date of Board approval; or ❑ on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ NeUeeste-R•reeeed 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Re -epesal-(RFP� X Invitation to Bid (ITB) ❑ lithe ' ' # 23-8074 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. FE-1 The Contractor shall also provide services in accordance with Exhibit A -- Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 CNO Packet Pg. 956 16.F.3.d 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 - U) Scope of Services attached hereto. o U 3,3 ❑ The pFee e"laWning WeFIF-und-eF e -is-at tl+aed ❑ 9the o €x#tbigAttaeliffi nt. U R 3:4 ❑ The Gounty resewes the Fight to spqtl eried 6f-e6 aiG�ti�iew-e#q e -.1 _-Iama9e6-4o4he eveRI. of late eempletiw an e � CSriGe L1 ethede4eg�.� ealeetee l ire A 4 W 7--rtv�v�esnv j"9 �a� �e-a earn --ram- - 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): ❑Lump Cerra (Fixed PF'Ge): A firm fixed to ho r'n aF I� v�rr,,,,,-n�cc�-rotr�l--�Ff6e-6�f�lii�-f91"-;�-�7f(�}eGt—t�.�ikS-a-re tranGfeFred Non. the GGunty to he-ee fafaetioe-theft-afe-F,9 ie d—raiheF, the -eea#faE County'sGatiSfaGtien of the f9ject managef-beRg-& aj+f�eat-for th,-wed-pfise- eRtF et is attherizeed. M Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ❑■ 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 Ylulti-Contractor Agreement 2022_Ver.3 CAQ Packet Pg. 957 16.F.3.d 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" o as untimely submitted. Time shall be deemed of the essence with respect to the timely L submission of invoices under this Agreement. c (U 4.4 The County, or any duly authorized agents or representatives of the County, shall ia have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. w 4� El4slle pplie�e)TFavel--ai44-Reir+buf&able-E*Pepse&. T+aye�-� R6m hle E penses n l s 4rp-aq e*PeRge s,ha l he-r-ejmb+:fused-as peF-Secatiel-I--T--1- , 64-Pa s. � FseRge i Ib 94atesi gfeawaet $"G 941ffe+ 4arfa rp AGtual t+Gket-se t-Ijmi e-- 9"M or leaf# e1ass­4afe IRental a ^�ifflitGq—k� t�ef standaFd t; l'tW es edgingLodging Aetual t7f'_- 9a"4-6 Aetwel-e rrF I iFfleusina Mtuai rest of eitheF mGusjne, A tFaVel expeiise shall be fi long distanee eharges, fax ehaffles, G9rplyii-6g items will be - paid i rem ble fOF all GtheF GO ta and expenses asseeWed-w44-aG"es and seli6tatiens 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. Page 3 of 17 Fixed Term Service Multi -Contractor Agreement 2622_Ver.3 Packet Pg. 958 16.F.3.d 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: Company Name: Simmonds Electrical of Naples, Inc. Address: 8941 Quality Road Bonita Springs, FL 34135 c U Authorized Agent: Noe Alvarado, President Attention Name & Title: Cindy Simmonds, Controller _ 0 Telephone: 239)_643-2770 ia E-Mall(s): Cindy@simmondselectricalofnaples.com r U d W All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: CD Board of County Commissioners for Collier County, Florida Division Director: John McCormick Division Name: Facilities Management Division Address: 3335 Tamiami Trail East, Suite 101 Naples. FL 34112-5356 Administrative Agent/PM: James Williams, Manager -Facilities Telephone: (239) 252-7453 E-Mail(s): James.Williams@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 Terse Service Multi -Contractor Agreement 2022_Ver.3 NO Packet Pg. 959 16.F.3.d 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 o Agreement of the Contractor. Should the Contractor fail to correct any such violation, L conduct, or practice to the satisfaction of the County within twenty-four (24) hours after c receiving notice of such violation, conduct, or practice, such suspension to continue until 0 the violation is cured. The Contractor further agrees not to commence operation during 76 the suspension period until the violation has been corrected to the satisfaction of the County. w 10. TERMINATION. Should the Contractor be found to have failed to perform his services in ti a manner satisfactory to the County as per this Agreement, the County may terminate o said Agreement for cause; further the County may terminate this Agreement for N convenience with a thirty (30) day written notice. The County shall be the sole judge of m 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 or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. © Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 0 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. Page 5 of 17 Fixed Tenn Service Multi -Contractor Agreement 2022_Ver.3 ,< �J) Packet Pg. 960 16.F.3.d P-FH,fession-a4-WabMt-Y�„rt��t l-bernainta'Tned-"e^-jtJtJ�Br to ensure inn Ip� +f It''l^^'l�.,❑ of PF 3T('+ Jf�iees fiabilit�y '46-'Gibim �,- under }CITT7� ,ti, �,�7--n-re—Pe�m*h-Mee Ac FeeFn�raBLVI L� b ii�e evePy CagaiT i.st-Gi7eeta ell irvQ77TrJZfT7de, r of net eee than $ eWng-and ggFegate. ❑ eF elates $ U ❑ --Gover-age L o &.,II have minimum li V !/-++ G, ❑ �+, —bl7VCFage rti V U 9} } r of $ r'eFn1non-: m W ❑F31feFa�e ti shai! have minimum_ limitf�'- s e'f �rrn $ n�or_nla'ire' � 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 Page 6 of 17 Fixed Term Service NIUlli-Contractor Agreement 2022_Ver.3 cNo Packet Pg. 961 16.F.3.d 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. L 13.1 The duty to defend under this Article 13 is independent and separate from the duty to L indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, c County and any indemnified party. The duty to defend arises immediately upon L) presentation of a claim by any party and written notice of such claim being provided to 76 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 2 that an action against the County or an indemnified party for the matter indemnified w hereunder is fully and finally barred by the applicable statute of limitations. ti 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15, CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑M Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ P,-F-R/ 0 ITB/❑ Qt-heF #23-8074 , including Exhibits, Attachments and Addenda/Addendum, ❑ cuh 4it q-uotes, and ❑■ Other Exhibit/Attachment: Federal Contract Provisions 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, Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 cNO Packet Pg. 962 16.F.3.d 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, :L 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 L located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be c amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation, V workers' compensation, equal employment and safety including, but not limited to, the76 Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 2 119.0701(2)(a)-(b) as stated as follows: w 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: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecord Reg uest colIiercount fl. ov 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 Page 8 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 963 16.F.3.d 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. 0 If Contractor observes that the Contract Documents are at variance therewith, it shall L promptly notify the County in writing. Failure by the Contractor to comply with the laws c referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. L U 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County w encourages and agrees to the successful Contractor extending the pricing, terms and - conditions of this solicitation or resultant Agreement to other governmental entities at theCD ti discretion of the successful Contractor. o 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. E-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. Page 9 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 ! - >A Packet Pg. 964 16.F.3.d 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. 0 L 25, 0 WARRANTY. Contractor expressly warrants that the goods, materials and/or c equipment covered by this Agreement will conform to the requirements as specified, and L) will be of satisfactory material and quality production, free from defects, and sufficient for M 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 w particular service. These warranties shall survive inspection, acceptance, passage of title ti and payment by the County. o Contractor further warrants to the County that all materials and equipment furnished under N the Contract Documents shall be applied, installed, connected, erected, used, cleaned m and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract 3 Documents. Q 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. ❑M 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. ❑■ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. Page 10 of 17 Fixed Term Service fb[ulti-Contractor Agreement 2022_Ver.3 Packet Pg. 965 16.F.3.d 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 productslmaterials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33, VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal Page 11 of 17 Fixed "Fenn Service Multi -Contractor Agreement 2022_Ver.3 L 0 U L 0 U ia .L U 0 n go wr Packet Pg. 966 16.F.3.d or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ❑ u_=Y o-mDQn'NE, . Ise-6e 1#raster"s-pefsen-nel-afad-managefAent to--be-ut+l+zed-fer this-preje�tl-be owtedgea l s Re e­ Li le r�e� m n v st4 N rg"©ate-ae-Fne-deemed-ne Fe- that -earnpetent �e ergs wit{-be-et�t+ R4"er#ew aanee-ef-the .A% eenaent. The Gontfac-tw-sbia-11 aesige asn"aoh-peen E aesigwie,4 "iaal-be-avaiiab1e-few-a*-aFH" „„le�q Fate4e-meet4he-feq��„Sewise = dates The r'., {fig try,-q-n]e�ss-#�#eliew4-n"9nditiens are 0 cm'cc��—rrtcvv pesed-�epiaee„ent ha,.eutaataatia"e--same--er-beter-q++atifieatieps ia v and p . I � make t the ,,,, „., sty-is-aeti€ied-ia-w�+t+ng-as-fa•w-iN-ad s, e/+-aas�essi`ble r 'T'fiC.GentFaete�ait-make eo liner- allyreaseF}a•ble ••fF.r4n {.. r.�}y{�L`��1-17t7�}nt�witt7l� � seven th e-rafan 'n&4++aI-a­­-1-1yrepe%d-wep1asement w peFset�ne� ti 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. ❑ �13, ©-GE-B€la�E. -lee-e�+ t�faic�# between-eaer}g-tine-terFas of any of the Faseeta-,4be- terms -ofelieitatiea r-t# jai; aM/oF4h eafl-env efits- shall take-pfeeedenee. 0 ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the Page 12 of 17 nixed Term Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 967 16.F.3.d 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 o Government Identification badges at all times while performing services on County L facilities and properties. Contractor ID badges are valid for one (1) year from the date of c issuance and can be renewed each year at no cost to the Contractor during the time U period in which their background check is valid, as discussed below. All technicians shall 76 have on their shirts the name of the contractor's business. a� The Contractor shall immediately notify the Collier County Facilities Management Division w via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the o continued security of Collier County facilities and systems. Failure to notify within four (4) N hours of separation may result in a deduction of $500 per incident. m 38. ■❑ 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 2022_Ver.3 "\0 Packet Pg. 968 1 6.F.3.d IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By. Dated: (SEAL) Contractor's Witnesses: Contractor' First Witness Cindy Simmons l Type/pri itness nameT Cont oPs Second /Witness T Type/print witness nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. Rick LoCastro Chairman Simmonds Electrical of Naples Inc. Contractor DBA By: -tlst"'n Signature Noe Alvarado, President TType/print signature and titleT Page 14 of 17 taxed'Ferm Service multi -Contractor Agreement 2022_Ver.3C)o Packet Pg. 969 16.F.3.d 0 following this page (pages 1 ❑ this exhibit is not applicable Exhibit A Scope of Services through 4 Page 15 of 17 L 0 U L C 0 U R U �L U 0 n go Fixed Tern Service Multi -Contractor Agreement 2022_Ver.3 CAn Packet Pg. 970 16.F.3.d Invitation to Bid (ITB) 23-8074 "Electrical Contractors EXHIBIT A SCOPE OF SERVICES BACKGROUND N This Agreement is for electrical services to include labor, material, and equipment to perform repair and new installations for County Divisions. Past contract work, and new contract work shall include, but not be limited to the scope described below and communication, instrumentation, and control work. Services provided through this Agreement are awarded on a Primary/Secondary basis, as follows: 0 PRIMARY CONTRACTOR: Simmonds Electrical of Naples, Inc. L SECONDARY CONTRACTOR: Technical Management Associates, Inc. m w Should the Primary Contractor not be able to provide the services within the time period or is unable to perform the normal or urgent requests, the Division reserves the rights to move to the Secondary Contractor. The County also reserves the right c to seek services outside this Agreement if the Primary or Secondary Contractor are unable to perform the services. M N DETAILED SCOPE OF WORK m The Contractor shall provide all labor, material, and equipment for electrical services. Projects exceeding a total of $200,000.00 O shall be formally solicited separately. These services will include repairs and new installations, and may include, but not be 3 limited to, the following services for County Divisions listed below: Q Ln Facilities Management W Lo The Facilities Division requires a variety of electrical services in more than 600 locations across the County. Services include, but not limited to, building/parking lot re-lamping and retrofits, underground repairs, new conduit, panel m replacements, and power system upgrades. e rn Parks & Recreation The Parks and Recreation Division requires electrical services, including bulb replacement, at various ball fields, tennis courts, buildings, and community centers in the Naples, Marco Island, Immokalce, and Everglades areas. The services required may include, but are not limited to, the following: • Installation and removal of electrical panels for special events, • Addition and/or replacement of circuit breakers, receptacles, and switches, • Installation of scoreboards at various athletic facilities locations, • Removal of, and work on Park water features and equipment (use of cranes, lifts and bucket trucks may be required, and • Installation of spoil field lights (use of a bucket truck may be required). Transportation The Transportation Division requires a variety of electrical services in the maintenance of traffic and streetlights, storm water systems and other miscellaneous equipment and building areas. Public Utilities For work at the County's Water and Wastewater Divisions, on -call or new installation, the Contractor must be knowledgeable in industrial electronic repair, as a majority of this work requires working with 4160 VAC and below, including, but not limited to, splicing of submersible motors, troubleshooting and rewiring high service motors, thermal overloads with the associated Variable Frequency Drives (VFDs), chemical feed pumps fed by 4-20 MA, and assorted breakers and starters made by GE and Siemens (600V-90 Amp). Page 1 of 4 Exhibit A — Scope of Services NO Packet Pg. 971 16.F.3.d Invitation to Bid (ITB) 23-8074 "Electrical Contractors" GENERAL REQUIREMENTS 1.1 FEMA funding may be used, in part, in support of this procurement. The Contractor(s) will maintain sufficient personnel to accomplish County's demand and secure qualified supplemental labor in event of a declared emergency. ^ N L 1.2 Regular service shall be made available between the hours of 7:00 a.m, to 5:00 p.m., Monday through Friday, O excluding County recognized holidays. All other horns shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on County recognized holidays, Saturday and Sunday shall also be o considered at the overtime rate of time and one half. v 70 Designated County Holidays: • New Year's Day • Martin Luther King, Jr. Day w • President's Day • Memorial Day 0 ao • Independence Day N N • Labor Day m • Veteran's Day • Thanksgiving Day c`o • Day after Thanksgiving 3 Q • Christmas Eve • Christmas DayLn m N 1.3 Work Requests The Contractors may also be required to respond to urgent work requests at times other than normal working hours. c The Contractors shall be able to be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days a) per year for such urgent work. CO) 1.3.1 Not'mal Request: Contractor shall start work within two (2) business days after a valid Purchase Order has been issued by an appropriate County Representative. If requested, Contractor shall provide a time and materials proposal. Contractor must receive approval from the County Representative if additional time is needed. 1.3.2 Ua•gent Request: Contractor shall acknowledge an urgent request within one (1) hour of the request being sent by the County Representative. Contractor shall be on -site within two (2) hours after the County's initial request. A response time may be adjusted with approval by the County Representative. The issue must be resolved within 24 (twenty-four) hours unless additional time is approved by the County Representative. If requested, Contractor shall provide a time and materials proposal within the original 24 (twenty-four) hours. • The Contractor shall be paid a 1.5 x straight hourly rate for urgent requests regardless of the day or time the work is performed. • The Contractors shall supply the County with an emergency on -call telephone number and the same (or different telephone number) for routine repairs/new installation. 1.4 Employees The Contractors shall employ at least three (3) licensed electricians with at least four (4) years proven electrical knowledge, skills and experience in the industrial and commercial field; and adequate numbers of helpers to provide additional services. Page 2 of 4 Exhibit A — Scope of Services CAO Packet Pg. 972 16.F.3.d Invitation to Bid (ITB) 23-8074 "Electrical Contractors" 1.5 Licenses The Contractors, shall possess, and maintain throughout the term of the contract period and any renewal periods, the correct occupational (electrician) licenses, all professional licenses, or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. The Contractors shall be licensed to operate within Collier County. 1.6 Safety Contractors and subcontractors shall comply with all Occupational Safety and Health Administration (OSHA), National Electric Code (NEC), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. 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. 1.7 Background Checks Subcontractors must have background checks if they will have physical access to any Collier County locations, facilities, documents, or other information related to security and/or public safety, or at the discretion of the County, at the Contractor's expense. Contract employees with negative background check results may be denied all access to the site, may be restricted to specified geographic areas and/or at certain tithes of the day and must always be personally escorted by a County or Contract employee that is not subject to any such restrictions. 1.8 Employee Identification Contractors shall ensure that all employees have Collier County Government identification badges prior to the start of work, and that, those identification badges are worn at all times while performing services on County facilities. Any Contractor's staff or subcontractors observed on site without authorized identification badge will be removed immediately from the job at no expense to the County. The Contractor whose member has been removed from a job site will have negative comments placed in the annual review on file will) the County regarding this noncompliance. 1.9 Equipment Contractors shall own and have in good repair or can rent all equipment necessary to perform the described services and the equipment necessary to complete related tasks. If heavy equipment (i.e., crane, bucket truck, etc.) is needed, the user Division must be notified, in advance, for approval. The Contractor shall have occasions where they must have, or rent, bucket trucks that extend from fifteen (15) to one hundred twenty-five (125) feet. Contractors must list any equipment that they do not have, or have access to, to meet the fifteen (15) to one hundred twenty-five (125) feet requirement. Equipment rental costs shall con)mence once it arrives at the County's service site. 1.10 Parts/Materials Parts/materials purchased for on -call electrical repairs/new installations shall be reimbursed at cost plus applicable mark-up of 10%. The Contractor shall provide documentation with their invoice, of the cost for pants and supplies (i.e., invoices) for all individual items with a price of five hundred dollars ($500.00) or more. The Contractor inust also be able to order and receive repair pants in a timely and effective manner. Electrical parts manufacturers that are commonly used by the County include the following which is just a representative list and does not list all the parts manufacturers within the County facilities. Seco Electronics Allen Bradley Square D Action Pak/Action Instrument SSAC Di i Set Time Delays PS Syracuse Diversified Potter Brumfield Russell Stoll Magnetek, AGM ACME Page 3 of 4 Exhibit A — Scope of Services N L 0 c� L y.+ 0 U m w v 0 M N m L 0 Q Ln W LO N CAO Packet Pg. 973 16.F.3.d Invitation to Bid (ITB) 23-8074 "Electrical Contractors" 1.11 Protection of Property The Contractors shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations the Contractors shall replace or repair the same at no cost to the County. N L 1.12 Clean -Up The Contractors shall be responsible for removing all debris from the site and cleaning affected areas. Contractors i shall keep the premises free of debris and unusable materials resulting from their work and as work progresses, or = upon request by the County's representative, shall remove such debris and materials from the property. The 0 Contractor shall leave all affected areas as they were prior to beginning work (i,c., backfill trenches and replace Fa sod). 2 1.13 Warranty/Guarantee m ur Parts, replacement parts and fixtures shall be new and warranted for ninety (90) days. All labor for repairs shall have a one (1) year warranty or an agreed upon time period with County designee. c 1.14 Unsatisfactory Work N In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County m and be given seven (7) calendar days to correct the work. There will be no cost to the County for re -work or previously performed service by Contractor. 3 Q 1.15 Contractor Rates All hourly rates quoted in Exhibit B Fee Schedule ("Fee Schedule") shall be all inclusive including, but not limited to the hourly employee pay rate, insurance, Contractor's overhead, profit, employee -related taxes, and any, and all c�Lo N costs associated with the employee travel including cost of vehicle, mileage, fuel charges and any other surcharges. m c as 1.16 Invoices T The Contractor shall produce invoices that contain the following details regarding the services performed: • Purchase Order number, m • Location of service and any Division reference number for the service, NI • By position: Identify position, number of work hours performed on site, labor rate and total cost, _ • Parts/Materials furnished: Description of each part used, Contractor's cost of part, mark-up (either as a E percentage or dollar) and total cost (the County may request the Contractor's invoice from their supplier E for any material used on the completion of a project), ini • Equipment: Description of each piece of equipment used, Contractor's cost of equipment and total cost (the County may request the Contractor's invoice from their supplier for any equipment rented on the completion of a project), c • Subcontractors/Equipment Rental: Description of service provided, number of hours, hourly rate per v Made, Contractor's mark-up, and total cost. Subcontractors will be allowed a maximum of 15% markup c for services. O0 o Subcontractor rates shall not exceed Contractor rates. N • If applicable, any deductions or discounts, and • Total cost to be paid by the County. E Page 4of4 Exhibit A — Scope of Services CA.O Packet Pg. 974 1 6.F.3.d Exhibit B Fee Schedule following this page (pages 1 Page 16 of 17 through 1 ) n go Fixed Term Service Multi -Contractor Agreement 2022_Ver3 C AO Packet Pg. 975 16.F.3.d Invitation to Bid (ITB) 23-8074 "Electrical Contractors" EXHIBIT B FEESCHEDULE PRIMARY CONTRACTOR: SIMMONDS ELECTRICAL OF NAPLES, INC. Item Description Hourly Rate I Journeyman Electrician $ 70.00 2 Apprentice Electrician $ 70.00 3 Helper $ 18.00 4 General Laborer $ 15.00 5 Ditch Witch - Upon arrival at site $ 40.00 6 Bucket Truck Operator $ 70.00 7 40 Foot Bucket Truck $ 55.00 8 60 Foot Bucket Truck $ 40.00 9 80 Foot Bucket Truck $ 100.00 10 120 Foot Bucket Truck $ 100.00 Mark -Ups Percentage of Mark -Up for Actual Cost of Parts/Materials 10% Percentage of Mark -Up for Subcontractor 15% Overtime and urgent requests 1.5 x Hourly Rate Prices shall remain firm for the initial term of this contract Page I of 1 Exhibit B — Fee Schedule CAk Packet Pg. 976 16.F.3.d Description: Other Exhibit/Attachment Federal Contract Provisions and Assurances *01 following this page {pages 1 ❑ this exhibit is not applicable through 11 Page 17 of 17 n go Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 CAC Packet Pg. 977 16.F.3.d EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract 1 Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -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. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT i - 1 n go CAO Packet Pg. 978 16.F.3.d EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and ;n transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the 0 Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in 6 this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller 2 General of the United States. m Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take w all necessary steps identified in 2 C.F.R. § 200,321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. o Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 PAQ Packet Pg. 979 16.F.3.d EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in ;n FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered ° Telecommunications Equipment or Services As used in this clause - L r c (b) Prohibitions. 0 (1) Section 889(b) of the John S, McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. 2 No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. w (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing --- (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 Packet Pg. 980 16.F.3.d EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to ;n prevent use or submission of covered telecommunications equipment or services, and any additional efforts 2 that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. c 0 U (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in ia all subcontracts and other contractual instruments. 2 �L U Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the w contractor's actions pertaining to this contract. 0 Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance M Funding N Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F,R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200,323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program . The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000); Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT 1 - 4 A r- Packet Pg. 981 16.F.3.d EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 L U L c 0 U R .L U 0 n go C AQ Packet Pg. 982 16.F.3.d EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and ;n the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 0 U Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency w Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. o Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1,4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted. construction_ contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 C AO Packet Pg. 983 16.F.3.d EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided -by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will lake such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 n go AO, Packet Pg. 984 16.F.3.d EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor 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 (M) the subcontractor shall gold the County and the Grantor Agency 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 County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Simmonds Electrical of Naples, Inc. Date 04/10/2023 Authorized Signature EXHIBIT I - 8 Lo U L O U ia .L U d n go An Packet Pg. 985 16.F.3.d EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Simmonds Electrical of Naples, Inc. BY:. *%-tl /ie . A., Signature Noe Alvarado, President Name and Title 8941 Quality Road Street Address Bonita Springs, FL 34135 City, State, Zip 1129598103 UEI Unique Entity Identifier (for SAM,gov verification) 04/10/2023 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 CAO Packet Pg. 986 16.F.3.d EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT will be verified. Unverifiable statuses will require the PRWE to either proivde a reaised statement or provide source documentation that valid atesa A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT I Simmonds Electrical of Naples, Inc. 37-1654907 IS THE PRIME A FLORIDA•CERTINEO DISADVAi1TAGED. VETERAN Y iS THE ACTIVITY OF THIS CONTRACT... MINORITY ORI'!OAlENBUSFNESSENTER?RISE? DBE? Y N CONSTRUCTION? N (DBEPA BtNIBE) OR HAVE A SMALL DISADVANTAGED �BUSttiE5S8ACEATIFICATIONFRdASTHE51,1ALLBUSINESi 415E? Y N CONSULTATION? Y N ADMINISTRATION? ASERVICEDISABLEOVETERA.10 WBE? Y N OTHER? Y N SDB 8A? Y rJ I5TH'S5UBh4155'ON AREVISION? Y N iF YES, REVISION NUh1BER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE I SUBCONTRACTOR OR SUPPLIER I TYPE OF WORK OR I ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAMI: SPECIALTY ISee Below] DOLLAR AMOUNT DOLLARS TOTALS: C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER Noe Alvarado 04110/2023 President EMAILADDRESS Of PRIME (SUBMITTER) TELEPHONE NUMBER FAX NUMBER Cindy@simmondselectricalofnaples.co 239-643-2770 239-643-6873 NOTE: This information is used to track and report anticipated DBE or MBE participation in federally -funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. if and when awarded a County contract, the prime will be asked to update the information for the grant compliance files. ETHNICITY CODE BlackAmerican BA Hispanic American HA Native American NA SutKont.Asian American 5AA Asian -Pacific American APA non -Minority Women I NIAW Other: not of any other group listed 1 O D. SECTION TO BE COMPLETED BY COLLIER COUNTY 1 DEPARTMENTNAME I COLLIER OCUTRACTPIIFB/RFParPO/R.EOS GRANT PROGRAM/CONTRACT .[ACCEPTED BY: I DATE I EXHIBIT 1- 10 CAC Packet Pg. 987 16.F.3.d EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned (Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal 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 Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 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 subreciplents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor 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 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Simmonds Electrical of Naples, Inc. Contractor (Firm Name) r-- . " ( JZ.CA - - 4 r,_ � Signature of Contractor's Authorized Official Noe Alvarado, President Name and Title of Contractor's Authorized Official 04/1012023 Date EXHIBIT I - J.J. L 0 U L 0 U R .L U 0 n go CAO Packet Pg. 988 16.F.3.e C o Ter Ci0141 [ty Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. ❑x General Bid Instructions has been acknowledged and accepted. x] Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. ❑x Form 1: Vendor Declaration Statement ❑x Form 2: Conflict of Interest Certification x Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. x Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. ❑x Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal. II E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. n Form 4: Reference Questionnaire form must be utilized for each requested reference and included with your submittal, if applicable to the solicitation. ❑x Form 5: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. x❑ Vendor W-9 Form. ❑x Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. ❑x The Bid Schedule has been completed and attached with your submittal, applicable to bids. xI Copies of all requested licenses and/or certifications to complete the requirements of the project. ❑x All addenda have been signed and attached. ❑x County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. ❑x Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. n M Packet Pg. 989 1 6.F.3.e Co ae-r Couvity Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 10 day of April 2023 in the County of Lee , in the State of Florida Firm's Legal Name Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: Simmonds Electrical of Naples, Inc. 8941 Quality Road Bonita Springs, FL 34135 P11000102120 37-1654907 5STU0 239-643-2770 Cindy@simmonds Noe Alvarado, President 01 Packet Pg. 990 1 6.F.3.e Additional Contact Information Send payments to: Simmonds Electrical of Naples, Inc. (required if different from Company name used as payee above) Contact name: Cindy Simmons Title: Controller Address: 8941 Quality Road City, State, ZIP Bonita Springs, FL 34135 L 0 Telephone: 239-643-2770 r U c 0 U Email: Cindy@simmondselectricalofnaples.com m Office servicing Collier Simmonds Electrical of Naples, Inc. !L County to place orders (required if different from ti 0 above) w Contact name: Cindy Simmons C14 m Title: Controller L Address: 8941 Quality Road Q City, State, ZIP Bonita Springs, FL 34135 LO Telephone: 239-643-2770 Email: Cindy@simmondselectricalofnaples.com Packet Pg. 991 1 6.F.3.e Co -_7er County Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical L direction for the procurement) which appears to skew the competition in favor of my firm. M Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified L above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to U render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a W Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive m advantage in current or future solicitations and contracts. w In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Simmonds Electrical of Naples, Inc. VvCompan Name cx� Signature Noe Alvarado, President Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledged before me by means of IN physical presence or ❑ online notarization, this 10 day of April (month), 2023 (year), by Noe Alvarado A _ ftiame of person ackno)yledging). Personally Known OR Produced Identification Type of Identification Produced (Signature of Notary Public) Cindy M Simmons (Print, Type, or Stamp Commissioned Name of Notary Public) a llotary Public State o► Flonda Cindy M SimmonsOf My Commission HH 002884 Expires 05/21/2024 Packet Pg. 992 16.F.3.e DIVISION OF CORPORATIONS /.org �' �i J j_���_rrr mJ uffirit ! Slurs of Florida wtebSjly Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation SIMMONDS ELECTRICAL OF NAPLES INC. Filing Information Document Number P11000102120 FEI/EIN Number 37-1654907 Date Filed 11/29/2011 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 07/19/2021 Event Effective Date NONE Principal Address 8941 Quality Road, Bonita Springs, FL 34135-7000 Changed: 02/25/2021 Mailing Address 8941 Quality Road, Bonita Springs, FL 34135-7000 Changed: 02/25/2021 Registered Agent Name & Address Simmons, Cindy 8941 Quality Rd Bonia Springs, FL 34135-7000 Name Changed: 06/16/2022 Address Changed: 02/25/2021 Officer/Director Detail Name & Address Title P Packet Pg. 993 1 ALVARADO, NOE 8941 QUALITY RD BONITA SPRINGS, FL 34135-7000 Title ST SIMMONS, CINDY 140 MENTOR DRIVE NAPLES, FL 34110 Annual Reports Report Year Filed Date 2021 02/25/2021 2022 06/16/2022 2023 01 /27/2023 Document Images 01/27/2023 --ANNUAL REPORT View image in PDF format 06/16/2022 --ANNUAL REPORT View image in PDF format 07/19/2021 --Amendment View image in PDF format 02/25/2021 --ANNUAL REPORT View image in PDF format 04/24/2020 --ANNUAL REPORT View image in PDF format 02/20/2019 --ANNUAL REPORT View image in PDF format 01/17/2018 --ANNUAL REPORT View image in PDF format 01/12/2017 --ANNUAL REPORT View image in PDF format 03/01/2016 --ANNUAL REPORT View image in PDF format 05/11/2015 --Amendment View image in PDF format 01/15/2015 --ANNUAL REPORT View image in PDF format 07/07/2014 --Amendment View image in PDF format 02/27/2014 --ANNUAL REPORT View image in PDF format 04/12/2013 --ANNUAL REPORT View image in PDF format 03/21/2012 --ANNUAL REPORT View image in PDF format 11/29/2011 -- Domestic Profit View image in PDF format Florida Department of State, Division of Corporations Packet Pg. 994 1 6.F.3.e Co _xe-r Co-r4VIty Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (https://www.e-verify.gov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which ivill L be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend $ Award. v L FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID rt+ V MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. �a Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration m and Nationality Act ("INA"). !L Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Simmonds Electrical of Naples, Inc. C7mny Name Signature Noe Alvarado, President Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 10 day of April (month), 2023 (year), by Noe Alvarado ,InAe of person acknowledging). Personally Known OR Produced Identification Type of Identification Produced (Signature of Notary Public) Cindy M Simmons (Print, Type, or Stamp Commissioned Name of Notary Public) Y Notary Public State of Florida Cindy M SimmonsMy Commission HH 002884 Expires 05/21/2024 Packet Pg. 995 1 6.F.3.e An official website of the United States government Here's how you know Verify. Menu - My Company Account My Company Profile Company Information Company Name Simmonds Electrical of Naples, Inc. Doing Business As (DBA) Name Simmonds Electrical of Naples, Inc Company ID 366904 Enrollment Date Oct 22, 2010 Employer Identification Number (EIN) 371654907 Unique Entity Identifier (UEI) DUNS Number 112958103 Total Number of Employees 10 to 19 NAICS Code Packet Pg. 996 1 6.F.3.e 238 Sector Construction Subsector Specialty Trade Contractors Edit Company Information Employer Category Employer Category None of these categories apply Edit Employer Category Company Addresses Physical Address 8941 Quality Road Unit 1 Bonita Springs, FL 341357000 Mailing Address Same as Physical Address Edit Company Addresses L ci L c 0 U R v �L 0 d W 0 M N m E L M 3 a LO w LO N Packet Pg. 997 1 6.F.3.e Hiring Sites Number of Sites Edit Hiring Sites Company Access and M O U My Company is Configured to: Verify Its Own Employees Memorandum of Understanding View Current MOU U.S. Department of Homeland Security_ U.S. Citizenship and Immigration Services Accessibility_ Plug -ins Site Map Ofl .e �'�ISTRP� L V R L 0 U 70 v •L a� M CD m H E L 3 a LO W In N Packet Pg. 998 16.F.3.e Clo Yer C014ftty Procurement Services Division Form 4 Reference Questionnaire rISE ONE FORM FOR EACH REQUIRED REFERENCE Solicitation: 2 Reference Questionnaire for: Simmonds Electrical of Naples, Inc. (Name of Company Requesting Reference Information) Cindy Simmons (Name of Individuals Requesting Reference Information) Name: Rick Garby (Evaluator completing reference questionnaire) Email: Derrick.Garby@colliercountyfl.gov FAX: Company: Collier County Parks & Recreation (Evaluator's Company completing reference) 239-252-4091 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." ENCP Welcome Ctr & Championship Project Description: Pickleball LED Upgrades Completion Date: Project Budget: $59,938.16 04/22/2022 Project Number of Days: 70 Item Criteria Score must be completed 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 1 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS N o` M c 0 0 70 .L m w ti 0 0 M N m E M 3 Q LO to 0 N N 0 a 0 L a c 0 E co r` 0 0 M N c d z M a Packet Pg. 999 16.F.3.e Co Yer CO1.nty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8074 Electrical Contractors Reference Questionnaire for: Simmonds Electrical of Naples, Inc. (Name of Company Requesting Reference Information) Cindy Simmons (Name of Individuals Requesting Reference Information) Name: Tom Sivert (Evaluator completing reference questionnaire) Email: Tom.Sivert@colliercountyfl.gov FAX: Company: Collier County Public Utilities (Evaluator's Company completing reference) Telephone: 239-252-5376 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Well 14 Generator Replacement Project Description: Completion Date: Project Budget: $185,875.00 04/28/2021 Project Number of Days: 425 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 SivertT Digitally signed by SivertTom Date: 2023.03.21 0 m 14:46:43-04'00' N L 0 c 0 c.� .L m w ti 0 0 Cl) N m H E Q LO to uO N Cn 0 a 0 L y C 0 E E in 0 0 c� N r.� c m E z M Q Packet Pg. 1000 16.F.3.e Co Yer Co1.nty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8074 Electrical Contractors Reference Questionnaire for: Simmonds Electrical of Naples, Inc. (Name of Company Requesting Reference Information) Cindy Simmons (Name of Individuals Requesting Reference Information) Name: Aaron Cromer (Evaluator completing reference questionnaire) Email: acromer@graymattersystems.com FAX: Company: Gray Matter Systems (Evaluator's Company completing reference) Telephone: 239-351-0882 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Gateway Triangle Weather Station Completion Date: Project Budget: $41,946.49 11 /01 /2022 Project Number of Days: Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 N L 0 a 0 c.� .L m w ti 0 0 M N m H E M 3 Q 0 to uO N Cn 0 a 0 L y C 0 E E in 0 0 c� N r.� c m E z M Q Packet Pg. 1001 16.F.3.e Co Yer Co1.nty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8074 Electrical Contractors Reference Questionnaire for: Simmonds Electrical of Naples, Inc. (Name of Company Requesting Reference Information) Cindy Simmons (Name of Individuals Requesting Reference Information) Name: Louis Gaudio (Evaluator completing reference questionnaire) Email: EUSA.COM Company: Quality Enterprises USA, Inc. (Evaluator's Company completing reference) FAX: 239-435-7202 Telephone: 239-435-7200 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the fumVindividual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Twin Eagles Pump Station Upgrade Completion Date: Project Budget: $58,755.00 05/16/2019 Project Number of Days: 79 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. to 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 N L 0 c 0 V .L m w ti 0 0 M N m H L 3 Q LO W uO N Cn 0 a 0 L y C 0 E E in 0 0 M N r.� c m E z c� Q Packet Pg. 1002 16.F.3.e Co Yer CO1.nty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: SIMMONDS ELECTRICAL OF NAPLES, INC. (Name of Company Requesting Reference Information) CINDY SIMMONS (Name of Individuals Requesting Reference Information) Name: Thomas James Orr (Evaluator completing reference questionnaire) Email: Thomas. Orr@ColIierCountyFAFAX: Company: Collier County Facilities (Evaluator's Company completing reference) Telephone: 239-438-5310 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: J 1 J2 Generator Project $195,607.07 Completion Date: 11 /4/22 Project Number of Days: 120 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 N L 0 c 0 .L a� w ti 0 0 Cl) N m H E M Q LO to uO N Cn 0 a 0 L y C 0 E E in 0 0 c� N r.� c m E z M Q Packet Pg. 1003 1 6.F.3.e Co Ter County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8074 Electrical Contractors Reference Questionnaire for: Simmonds Electrical of Naples, Inc. (Name of Company Requesting Reference Information) Cindy Simmons (Name of Individuals R g Reference Information) Y� p Name: Paul Benson Company: EBL Partners (Evaluator completing re ere (Evaluator's Company completing reference) Email: Pbenson@eblpartners.com FAX: 239-431-5003 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). Ifyou do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Description: Project p ect CC Jail Generator Bldg J1/J2 Completion Date: 10/08/2021 Project Budget: $439,347.60 Project Number of Days: Item Criteria 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 AbiItity to manage risks and unexpected project circumstances. 4 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS 331 Score must be to �0 10 1d to 19 I ca 100 w 0 0 ca 0 U �L m w 0 0 c) N m H 0 3 L0 cc 0 Packet Pg. 1004 16.F.3.e Co Yer Co1.nty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8074 Electrical Contractors Reference Questionnaire for: Simmonds Electrical of Naples, Inc. (Name of Company Requesting Reference Information) Cindy Simmons (Name of Individuals Requesting Reference Information) Name: John Lambley (Evaluator completing reference questionnaire) Email: John.Lambley@colliersheriff.org FAX: Company: Collier County Sheriffs Office (Evaluator's Company completing reference) Telephone: (239) 252-0521 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: CCSO Bldg J Security Gate Project Budget: $6,935.27 Completion Date: 08/12/2021 Project Number of Days: 21 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS N L 0 c 0 v .L m w ti 0 0 Cl) N m H E L 3 Q LO to uO N Cn 0 a 0 L y C 0 E E in 0 0 c� N r.� c m E z c� Q Packet Pg. 1005 16.F.3.e Co Yer Co1.nty Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8074 Electrical Contractors Reference Questionnaire for: Simmonds Electrical of Naples, Inc. (Name of Company Requesting Reference Information) Cindy Simmons (Name of Individuals Requesting Reference Information) Name: Adam Ahmad Company: Capital Construction (Evaluator completing refer ce questionnaire) (Evaluator's Company completing reference) Email: Adam.ahmad@capitalengr.com FAX: Telephone: 239-273-8894 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Naples Museum $35,169.63 Completion Date: 11 /02/2022 Project Number of Days: 28 Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 1100 N L 0 c 0 c.� .L m w ti 0 0 M N m H E L M Q 0 to uO N Cn 0 a 0 L y C 0 E E in 0 0 c� N r.� c as E z M Q Packet Pg. 1006 16.F.3.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. L Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. L c Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees L j to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Ta Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws •L and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all U claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to w the extent allowed and required by law. - Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 Packet Pg. 1007 16.F.3.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 Packet Pg. 1008 16.F.3.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. L 0 r (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. L No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, c from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain L j telecommunications products or from certain entities for national security reasons. •L (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency w Management Agency to: - (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 Packet Pg. 1009 16.F.3.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. L (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. L c Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges L j that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the 'E contractor's actions pertaining to this contract. •L U Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance w Funding - Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 Packet Pg. 1010 16.F.3.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 0 r L c 0 U �a •L a� EXHIBIT I - 5 Packet Pg. 1011 16.F.3.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 Packet Pg. 1012 16.F.3.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will ;n permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. L (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with c L j any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in 'E whole or in part an the contractor may be declared ineligible for further Government contracts or federally •L assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of U September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in w Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. ti (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 Packet Pg. 1013 16.F.3.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding L Certification 2 �v L This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the c contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA � j policies, procedures, and directives. 6 If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is w bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency 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 C? County may document in the quarterly report the Contractor's progress in performing its work under this N agreement. m On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Simmonds Electrical of Naples, Inc. Date 04/10/2023 Authorized Signature EXHIBIT I - 8 Packet Pg. 1014 16.F.3.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (l) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Simmonds Electrical of Naples, Inc. By: " ci Signature Noe Alvarado, President Name and Title 8941 Quality Road Street Address Bonita Springs, FL 34135 City, State, Zip 1129598103 UEI Unique Entity Identifier (for SAM.gov verification) 04/10/2023 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 Packet Pg. 1015 16.F.3.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COU NTY ANTICJPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT will be verified. Unverifade statuses will require the PR ME to either proi-ade a reoised statement or provide source documentation t iat validates a A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FE D NUMBER CONTIAACT DOLLAR AMOUNT Simmonds Electrical of Naples, Inc. 37-1654907 sT-IE}}'-''.='.-]}Dr-:-RTIHEDDISACI'ANTAGED, 4ETE-LN 15THEACTIVITYOFTHIS 0ONTRACT._ ra11NORiTYOR ti`;0r.'EhI6UiINESSENTERPRISE? DBE- J CONSTRUCTION ? N ;DBEPABEMBE) OR HAVE ASMALL DISADVAhTAGE6 El BUSINESS SA€ERTIFICATIONFROM THE SMALL BUSINESS MBE `J CONSULTATION? Y N ADMINISTRATION, A5ERVICEDISABLED VETERAN WBE? N OTHER? Y N SDB 8A? 'T J IS THIS SUBMISSION A REVISION? 'T LjLJF YES, REVISION NUMBER D. IF 1`1111ME HAS SUBCONTRAUOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE WWBE 5UEKONTRACTORORSU.PPLIER TYPEOFWORKOR ETHNICITYC0C-E I SUB,'SLIPPLIER PERCENT OFCONTR4CT VETERAN I NAME SPECIALTY ;Sea Be owl DOLLAR AMOUNT I DOLLARS TOTALS C. SECTION TO BE COMPLETED BY PRIME VEND 0RJCONTRACTOR NAME OF SUBMITTER CATS TrrLE OF SUBK117TER Noe Alvarado 04/10/2023 President EM AIL ADDRESS OF PRIME [5UBM7TE;.1 T°_==FCNE F:;K NUMBER Cindy@simmondselectricalofnaples.co 239-643-2770 239-643-6873 NOTE: This information is wed to track and report anticipated DBE or MBE participation in federally-furrcied contrarts- The anticipated DBE or MBE amount is vol unrtary and will not become part of the contractual terns. This form mwt be submitted at time of response to a sol icitation- If and when awarded a County contraC, the prime will be asked to update the information for the grant Eompliame files. E7EMO7K 1®E Bla&Anvencan BA Hispanickmerican HA NativeArrrerican NA, Subcont. AAan American 5AA Asian adricAmerican APA Nan -Minority Women NPAW Odrer: not of any odrer group listed Cl I D. SECTION TO BE COMPLETED BY COWER COUNTY I DEPARTMENT NAME I 0W ER c3DNTRAcr # f IFBfRfP ar POIREOS I GRANT PR OG RAMfOONTRACT II ACCEPTED BY_ I DATE I EXHIBIT I - 10 Packet Pg. 1016 16.F.3.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal 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 Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 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. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor 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 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Simmonds Electrical of Naples, Inc. Contractor (Firm Name) a2 G Signature of Contractor's Authorized Official Noe Alvarado, President Name and Title of Contractor's Authorized Official 04/10/2023 Date EXHIBIT I - 11 n M Packet Pg. 1017 16.F.3.e Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to wwwJrs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Simmonds Electrical of Naples, Inc. 2 Business name/disregarded entity name, if different from above `(D a� 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to ro following seven boxes. certain entities, not individuals; see a instructions on page 3): o El Individual/sole proprietor or ❑✓ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate c single -member LLC Exempt payee code (if any) T❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► o 2 Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting = In LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) a c another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC thatLP is disregarded from the owner should check the appropriate box for the tax classification of its owner. V G1 ❑ Other (see instructions) Do -(Applies to accounts maintained outside the U.S.) N 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 8941 Quality Road Collier County Board of County Commissioners 6 City, state, and ZIP code Bonita Springs, FL 34135 3295 Tamiami Trail E, Naples, FL 34112 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SHowever, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. M37 - 1 6 5 4 9 0 7 11 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of Here U.S. person ► /� ��,VL,14w,,®� > Date ► 03/21 /2023 General Instructio Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. N O V L C O c.i t) 'L t� O w ti O op M N m H E L tv 3 Q u7 to LO R rn 0 om 0 L D_ I in c 0 E E cn 10 It - CD M N c m E z v co Q Cat. No. 10231X For Packet Pg. 1018 16.F.3.e \.ee C0411 y Tax Col e for Noelle Branning s`dte of F�°tea Local Business Tax Receipt SIMMONDS ELECTRICAL OF NAPLES INC SIMMONDS EUGENE B 8941 QUALITY RD BONITA SPRINGS, FL 34135 Dear Business Owner: Your 2022 - 2023 Lee County Local Business Tax Receipt is attached below for account number / receipt: number: 1069058 / 8901048 If there is a change in one of the following, refer to the instructions on the back of this receipt. • Business name • Ownership • Physical location • Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, IL.( 465 1 Lee County Tax Collector 2022-2023 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1069058 Receipt Number: 8901048 Location: 8941 QUALITY RD BONITA SPRINGS, FL 34135 SIMMONDS ELECTRICAL OF NAPLES INC SIMMONDS EUGENE B 8941 QUALITY RD BONITA SPRINGS, FL 34135 Account Expires: September 30, 2023 JOURNEYMAN THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY PAID INT-00-00308052 07/19/2022 $ 50.00 Packet Pg. 1019 1 1 6.F.3.e STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! a STATE OF FLORIDA DEPARTMENT dbpr OF BUSINESS REGULATION AND PROFESSIONAL EC0000735 ISSUED:06/16/2022 CERTIFIED ELECTRICAL CONTRACTOR SIMMONDS, EUGENE B SIMMONDS ELECTRICAL OF NAPLES INC. Signature LICENSED UNDER CHAPTER 489, FLORIDA STATUTES EXPIRATION DATE: AUGUST 31, 2024 Ron DeSantis, Governor Melanie S. Griffin, Secretary STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS' LICENSING BOARD LICENSE NUMBER: EC0000735 EXPIRATION DATE: AUGUST 31, 2024 THE ELECTRICAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES SIMMONDS, EUGENE B SIMMONDS ELECTRICAL OF NAPLES INC. 8941 QUALITY RD BONITA SPRINGS FL 34135-7000 ISSUED: 06/16/2022 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. 0 L) c 0 U R �L d 0 a 0 L I 0 E E U) ti 0 0 M N C 0 E t L) 2 w Q Packet Pg. 1020 16.F.3.e Simmot Electrical of Naples, Inc. Journeyman Electrician (erlifi(ation CERTIFICATION DATE: 01/02/2012 L DBA: NOE ALVARADO (JOURNEYMAN ELECTRICIAN) U ADDRESS: 526 PEERLESS CIRCLE LEHIGH ACRES, FL 33936 0 PHONE: (239) 872-9668 70 QUALIFIER: Alvarado, Noe TYPE: ELECTRICAL JOURNEYMAN a CLASS CODE: 2070 w ISSUANCE NBR: 100003 CERTIFICATION OF COMPETENCY JOURNEYMAN ELECTRICIAN I, Eugene Bernard Simmonds, as President and Master Electrician of Simmonds Electrical of Naples, Inc., do hereby state that Noe Alvarado has been an employee since 05/14/2002. He attended class at the IEC of Southwest Florida and completed the Apprenticeship Program. He has earned in excess of 12,480 hours of on the job training in the field of 3Ph Electrical Contracting. As Master Electrician, I acknowledge Noe Alvarado to have completed his apprenticeship period and am hereby naming him competent as Journeyman Electrician. By: - — Name: E.B. Simmonds Title: President Simmonds Electrical of Naples, Inc. 3750 Enterprise Avenue, #300 Naples, FL 34135 Packet Pg. 1021 („sao;3ea}uo3 le3143013.. `VL08-CZ 811 paeMV 9 • r b5;99Z) lesodoad—spuouaualS tiL08-£Z :;uGwt43e;;d y U) Q U Z W F- W a 0 U LL 0 J W W J w _ F- 0 W Z F- m 0 J J LL W U U N N Q 2 Z a 0 W W Ca L W O Now M 1 J �N z0 �N r („sao;oea}uOO le3la;36l3.. `VLO8-£Z Sil paeMV : tiS99Z) lesodoad—spuouaWIS tiL08-£Z :;uGwt43ellV Z N Z O ocl � o O Q G W m Q � X Q Z W � Q � M LL W W Q V 0 Z J J LL Z W e- N 0 W W co cLu epp N J V $OQ uj 00 O v O KN CD 0 luC4 L) W LL M go O LL C4 %-W d J 0 N -1 W 0 0 �► cc a C L I m c v IE E -a = V- f e0 m Z (A 'G 0Q v F CYJ 0 9U> A tv d C 7 O Ci O > O V O i C cm .3 v c m v v O C V mL. 111 v v > a +.: Y v a! O 32 c t � O m y C C C °o, m o ai m a C C � � m Q A c a c C m 3 t� O V W TO O c G Cam' N= o L LL o C m CO a O O L � C 00 N (1) O E N I% >, a 75 E O O I Nm ENa)-aam O N v E X � N N C cc —_ cm O 3 E U � � C N O a- a E 3 L U �-- O _U > U_ N y O L) C) LO � ti o 00 m E O � U N v�3c co H2 E M N O Ch d d Y V IL 16.F.3.e y$' Simmonds Electrical of Naples, Inc. journeyman Electrician (erlifi(ation CERTIFICATION DATE: 01/02/2012 L DBA: ERNESTO MARTINEZ (JOURNEYMAN ELECTRICIAN) U ADDRESS: 2145 JEFFERSON AVE. NAPLES, FL 34112 c0 PHONE: (239) 200-6043 7a QUALIFIER: Martinez, Ernesto TYPE: ELECTRICAL JOURNEYMAN a CLASS CODE: 2070 w ISSUANCE NBR: 100005 CERTIFICATION OF COMPETENCY JOURNEYMAN ELECTRICIAN I, Eugene Bernard Simmonds, as President and Master Electrician of Simmonds Electrical of Naples, Inc., do hereby state that Ernesto Martinez has been an employee since 04/05/2006 and has earned in excess of 12,480 hours of on the job training in the field of 3Ph Electrical Contracting. As Master Electrician, I acknowledge Ernesto Martinez to have completed his apprenticeship period and am hereby naming him competent as Journeyman Electrician. 4 RIM Name: E.B. Simmonds Title: President Simmonds Electrical of Naples, Inc. 3750 Enterprise Avenue, #300 Naples, FL 34135 Packet Pg. 1024 („sao;3ea}uo3 le3143013.. `VL08-CZ 811 paeMV V) N N $=i b5;99Z) lesodoad—spuouaualS tiL08-£Z :;uGwt43ellV N Q U Z LU W O U W O J W W J W 2 F- W Z a H 00 O J J W N tq W U U N N a Z a V W W R,� �N elr--i z C) �N 16.F.3.e FORM 5 IF APPLICABLE GRANT PROVISIONS AND ASSURANCES FORMS ARE PROVIDED IN A SEPARATE PACKAGE AND MUST BE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. Packet Pg. 1026 16.F.3.e CONFIRM ALL REQUIRED LICENSES AND FORMS ARE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. L V R L 0 U ra v •L a� W ti O op M N m H E L m 3 a w ul) N Packet Pg. 1027 Client#: 68749 SIMEL1 ACORD., CERTIFICATE OF LIABILITY INSURANCE FATE 6112 16.F.3.f ! 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lana James Acrisure dba Gulfshore Ins SWF PH" (AJCN El): 239 261-3646 Noy 239 213-2803 4100 Goodlette Road N E•MAIL ADDRESS: fames@g m uifshoreinsurance.co Naples, FL 34103 INS U RER(S) AFFORDING COVERAGE NAICit 239 261-3646 M r e G r n Ins Co 32506 INSURED Simmonds Electrical of Naples, Inc. 8941 Quality Road Unit #1 Bonita Springs, Fi_ 34135 INSURER A; on O ua a ty INSURER B: National Trust Insurance Company 20141 INSURER C: FCCI Insurance Company 10178 INSURER D : INSURER E : C.nVFRAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE ADDLSUBR INSR WVD POLICY NUMBER POLICYEFF MMlDDIYYW POLICYEXP MMlDDlYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X GL1000484075 6/30/2023 06/30/202 EAACCH�GOCTCURRENCE $1,000,000 CLAIMS -MADE FX OCCUR PREMISES Eaol.c ence $1,000,000 MED EXF (Any one persony $10 000 X PD Ded:2,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE s2,000,000 PRO PDLICY I X]JECT LOG PRODUCTS s2 000 000 , , $ OTHER: C AUTOMOBILE LIABILITY x CA10000257508 6/30/2023 06130/202 OMBINED SINGLE LIMIT CEa accident $1,000,000 X BODILY INJURY (Per person) S ANY AUTO BODILY INJURY (Per accidenl) $ OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY X AUTOS ONLY X Perr. 'dent AMAGE $ S B X UMBRELLA LAB X OCCUR UMB10001477007 6/30/2023 06/3012024 EACH OCCURRENCE s4 000 000 AGGREGATE $4 000 000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $10000 $ C _ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N ANY PROPRIETORIPARTNERIEXECUTNE YIN OFFICERIMEMBER EXCLUDED? � (Mandatory In NH) NIA X WC010006810403 6/30/2023 06/30/202 X PER E ERH E.L. EACH ACCIDENT $1 00O 000 E.L. DISEASE - EA EMPLOYEE $1,000,000 FT_ DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Collier County Board of County Commissioners, OR Board of County Commissioners in Collier County, OR Collier County Government, as Additional Insured & state "for any and all work performed in Collier County" are included as Additional Insured with respects to General Liability only as required by written contract with ongoing and completed operations per form CGLO841013 on a primary non-contributory basis and Waiver of Subrogation per form CGL088 0115. Additional Insured in regards to Auto Liability only (See Attached Descriptions) Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 CANCELLATION 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 N O U tt3 L r C O U U •L U ty W ti O 00 A N H E M 3 a Lf) t0 Lf) 04 m Z I N C O E _I U ti 0 00 eM N c m E t �a a O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S19734791M1973382 LJJ22 Packet Pg.1028 DESCRIPTIONS (Continued from Page 1) 1 16.F.3.f as required by written contract per form CAU003FL 0115. Waiver of Subrogation in regards to Workers Compensation only as required by written contract per form WC000313 0484. Umbrella follows form in regards to General Liability, Commercial Auto and Employers Liability. L U L 0 U R v �L U d SAGITTA 25.3 (2016/03) 2 of 2 #519734791M1973382 Packet Pg.1029 16.F.3.g FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 23-8074 for ELECTRICAL CONTRACTORS THIS AGREEMENT, made and entered into on this day of 2023 , by and between Technical Management Associates, Inc. , authorized to do business in the State of Florida, whose business address is 10251 Metro Parkway, Suite 118, Fort Myers, FL 33966 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WIT NESSETH: AGREEMENT TERM. The Agreement shall be for a three ( 3 } year period, commencing ❑■ upon the date of Board approval; or Al 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 of terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a 0 Purchase Order ❑ Ne-tiee-te-P+eeeed- 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ est-for-Prepesal-� ❑■ Invitation to Bid (ITB) ❑ # 23-8074 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A - Scope of Services attached hereto. Page 1 of 17 Fixed Term Scrviee Multi -Contractor Agreement 2022_Ver.3 CAn Packet Pg. 1030 16.F.3.g 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope of Services attached hereto. ❑y / -he-p �eeedw-e-f9f@��g- �@,i'-tm ef- th 1s-Agfee&me%nt-i5-9Ektiifled-m ❑ �£'f &xhiait/Attae . ❑ The_Gounty es the right tE) s��7T�.a h Request fb-QaetaCId1YT�Cli"ef4ed a eei ple#�ei calleeE+e�-of-Iiq Fight Ld-damages -in�e-ev flt—E .e-seempletien--ai e A-riee-Met4edelegyeteoted n-4a- 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): ❑ Si"(-F�d--Ge)-4fim+4+xed-tG"ee--offerng4-or-a-pfeject;the�eks-ar-e in4nT—jjf7i—�4he`Vountly 'Ile the a fitr ete.­, and, 't'C-y hGUFlY -ei;-MateFiat--- i.T.eiees-presented, rather; -the eentra 0 @rya -to-tfie &"s€aetfen-oft *Rly-L& -prejeet-manager-bete e-p"enl4ef-4 ►e-#iced-pie-seprtfaet is -a ute{ I-e� W 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. 0 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 Filed Term SerVlee IV[ulti-Contractor Agreement 2022_Ver.3 to L V c 0 U R .L ci n i Packet Pg. 1031 16.F.3.g 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 L 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" o as untimely submitted, Time shall be deemed of the essence with respect to the timely U submission of invoices under this Agreement. L ci 4.4 The County, or any duly authorized agents or representatives of the County, shall w have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment o Application, Change Order, or Work Directive Change. 4-5 T+a-vel-and Re4R"faa6le-€xpen6e6-,-�,aet-be-appFeV d-i ..+ e*pe se&-e-ll--be-Feia�ba�sed-as-per�eet+en-1-'I�A�tate ReimbtFsefnent&-,4a4l-be-at te eltewing-rates: llfli er-mile Bfeakfast t+WIG4 $4400 l3ip e r $4-9-00 Air€are Aetaal-tiske"es"frrtiteQto-teu+-4s#-car-eeaGh „ki6&4a e #a4-say Aetua4— eestlira+ted--fe—Fermast—er eta-n�'a ehh4cele s I ,.,rtg L-edgl Fate at single eeeupaney 3N#ti-a ,a Cj rtly etGi� �,aiiEir� Aetual�os a�� T-a-xi­eerg- niausme Actual-east-ef ef4aiEi-er-af er 4imeasiae Rerilfbt rs"Je Rer<r,s-et e t rar+ t a e +r ime-fe4ler�ir-telep�eae l :FA g Gh a Fgges and es#ege.Rei,., 46 y, able itniTems-�Y9oll be p,id Y1q �+�1�'eve+ip,.,F�et'�i^'�"I'�iyi�a�l�l�e Yf�&p9+ j le fGF er nnn#n and e)(p %t�'C+ ei"e 4—se4ieit"e is �� `"'`"'hh'' 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. Page 3 of 17 faxed Term Service WIti-Contractor Agreement 2022_Ver.3 Packet Pg. 1032 16.F.3.g 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: Company Name: Technical Management Associates, Inc. Address: 10251 Metro Parkway, Suite 118 Fort Myers, FL 33966 Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Charles "Chud" Fuellgraf, CEO (239) 437-9582 Chud.Fuellgraf@fuellgraf.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: John McCormick Division Name: Facilities Management Division Address: 3335 Tamiami Trail East, Suite 101 Naples, FL 34112-5356 Administrative Agent/PM: James_ Williams, Manager -Facilities Telephone: (239) 252-7453 �- E-Mail(s): James.Williams@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 IVhdti-CO[Itracior Agreement 2022_Vcr.3 to L 0 U c 0 U R .L a� CAO Packet Pg. 1033 16.F.3.g 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 L 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 o Agreement of the Contractor. Should the Contractor fail to correct any such violation, U conduct, or practice to the satisfaction of the County within twenty-four (24) hours after FU 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 w 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 or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ■W Commercial General Liability: Coverage shall have minimum limits of $ 1,000,004 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. 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. [M-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 Term Service Mi tilt i-Contractor Agreement 2022_Ver.3 Packet Pg. 1034 16.F.3.g 9- ❑ Pre#es&ienal-UabMty—Sba"e-mainta-feed-by-the-Gentfa-MaMto-en&w- --i#s-iega-I tiat3i%- -er Gla-ims-a fsLng-out f the -perfarmaese-ef-pratessfenal sew+ees­-arvder-4h=i6 Agreeun F t# +s-air 1Hiav"ngit6-e# neWese-than $ eaeh elafm-a*d-aggregata- 1 ❑ er-Uabtia g have mteireur-ftmits of Per claim- F7 n sl�atl-have rn + r►a Ilra r --cif Q Per-sl M-. Eevefage 6- ❑ 1Goverage shall have FnWmum li mts-of $ - per-ewffi-, H, n slyI iratr 4u-n4A e+ta $ Per slnirn Gaverage 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 Page G of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 CAQ Packet Pg. 1035 16.F.3.g 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. 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 underthis Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by finaljudgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), W Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ PrF-R/ 0 ITBI❑ QtheF #23-8074 , including Exhibits, Attachments and Addenda/Addendum, ❑ subseque*t quetes, and ❑■ Other ExhibiVAttachment: Federal Contract Provisions 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, Page 7 of 17 Fixed Term SCrVICe Multi -Contractor Agreement 2022_Ver.3 to L 0 U c 0 U R .L a� n M CAQ Packet Pg. 1136 16.F.3.g 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 L 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, 2 ordinances, rules, regulations and requirements applicable to this Agreement, including o but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the w Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § o 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: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PubiicRecordReguest@colliercountyfl.gov 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 Page 8 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 CAO Packet Pg. 1037 16.F.3.g 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 L the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. c 0 If Contractor observes that the Contract Documents are at variance therewith, it shall U 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. w 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. 0 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. Page 4 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 C AO Packet Pg. 1038 16.F.3.g 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 L employment duties. The County may require the Contractor to remove an employee it 2 deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. o U 25. 0 WARRANTY. Contractor expressly warrants that the goods, materials and/or FU 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 w 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 o shall be provided in accordance with generally accepted professional standards for the M particular service. These warranties shall survive inspection, acceptance, passage of title N and payment by the County. m Contractor further warrants to the County that all materials and equipment furnished under -0 the Contract Documents shall be applied, installed, connected, erected, used, cleaned 3 and conditioned in accordance with the instructions of the applicable manufacturers, a fabricators, suppliers or processors except as otherwise provided for in the Contract � Documents. Ln If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. [■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. FE-1 PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. Page 10 of 17 Fixed Term Service Multi -Contractor Agreemeni 2022_Ver.3 Packet Pg. 1039 16.F.3.g 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 to L 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 o immediately notify the County. The County shall re-establish the benchmarks and 0 Contractor shall be liable for all costs incurred by the County associated therewith. FU .L ci 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from w 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 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 Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 10470 16.F.3.g or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ❑ KE�P-W;=NNE-L T-he-Gaqt;aote4s-per-sore-nel-axnd-managemea 4e-uf+liaed--fe+ V*-pfojeot—,Ka,"eknewledgeabie4n-ffieiaFeae-ef-e pe ems;, A„#, I eserQfes #fie fight to pefferfA-lavestiga-tiene-a&-may--be-deeme"eeee Peteat perse wil�be-ut +iced -in the-perferr a�aee-o#-tlae-Agee neat- The-6eta"CAOF Shall-aeeige as rnae"eeple ae4:�esessar-�-te-eereplete�#e-,,erviees-on-a4i aely-basis; and -ea 41)er-sen assig+red-s aal�e-a aila le er-a ►-a+ ae of tin%-adequa4e-te-mee#t#e-rega+Fed-semee dates-T-he-GoptraeteF&hail-nel:hange,'4ey-P-er-&enne"ales&4he-feiiOWiRg-een tens are met �-epesed--replaeeeaentr-,;av�ub-&taat+aliy--#fie--same-er-bettef-qea4ifiea-tlens moped r}g a-i"dvaaee-as-pessible- Tf�e-Se r�mer�ial4}I-reasesable-e#er�s-to-r�eti�-6elli ' hia seven days -ef4he-Aang . retain€it+al-appr-eve-l-e4r-Oposed4eplaeement persetiel- 0 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ❑ ORDE-R-OF-PRE-GEDEINGE. ##e-even#ofeay-seefliot--betwee-"r-amee"4--te ms of -any c te*t-she-terse#-selieitatiet the-6e+�tr for �Prepes � and1,o 4he-G-a-ppfeved-9 eeut+v"uffifna 64-Dseuffie; +, „all take preeedenee, 0 ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37, SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the Page 12 of 17 Fixed Term Service 4luiti-Contractor Agreement 2022_Ver.3 Packet Pg. 1041 16.F.3.g 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 L 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 o Government Identification badges at all times while performing services on County U facilities and properties. Contractor ID badges are valid for one (1) year from the date of FU 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 w 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 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. ❑O 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 2022_Ver,3 Packet Pg. 1042 16.F.3.g IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller w Dated: (SEAL) Contractor's Witnesses: Contractor's First W ness TTypelprint vAtness nameT Contractor's Se TTypelprint witnofis nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M Rick LoCastro , Chairman _Technical Management Associates, Inc. Contractor Page 14 of 17 Fixed Term Service Mulfi-Contractor Agreement 2022_Vcr.3 L 0 rt+ 0 U 'i a� w ti 0 w M N m L 3 Q L0 c0 LO Packet Pg. 1043 16.F.3.g 0 following this page (pages 1 ❑ this exhibit is not applicable Exhibit A Scope of Services through 4 Page 15 of 17 Fixed Tenn Service MuSii-Contractor Agreement 2022_Ver.3 Packet Pg. 1044 16.F.3.g Invitation to Bid (ITB) 23-8074 "Electrical Contractors" EXHIBIT A SCOPE OF SERVICES �n L O BACKGROUND L This Agreement is for electrical services to include labor, material, and equipment to perform repair and new installations c for County Divisions. Past contract work, and new contract work shall include, but not be limited to the scope described t) below and communication, instrumentation, and control work. Services provided through this Agreement are awarded on a m Primary/Secondary basis, as follows: L_ m PRIMARY CONTRACTOR: Sinunonds Electrical of Naples, Inc. !L SECONDARY CONTRACTOR: Technical Management Associates, Inc. 0 Should the Primary Contractor not be able to provide the services within the time period or is unable to perform the normal M or urgent requests, the Division reserves the rights to move to the Secondary Contractor. The County also reserves the right m to seek services outside this Agreement if the Primary or Secondary Contractor are unable to perform the services. E L DETAILED SCOPE OF WORK 3 Q The Contractor shall provide all labor, material, and equipment for electrical services. Projects exceeding a total of $200,000.00 shall be formally solicited separately. These services will include repairs and new installations, and may include, but not be m limited to, the following services for County Divisions listed below: o N Facilities Management a13i The Facilities Division requires a variety of electrical services in more than 600 locations across the County. Services im include, but not limited to, building/parking lot re-lamping and retrofits, underground repairs, new conduit, panel rL replacements, and power system upgrades. � Parks & Recreation The Parks and Recreation Division requires electrical services,, including bulb replacement, at various ball fields, tennis courts, buildings, and community centers in the Naples, Marco Island, Immokalee, and Everglades areas. The services required may include, but are not limited to, the following: • Installation and removal of electrical panels for special events, • Addition and/or replacement of circuit breakers, receptacles, and switches, • Installation of scoreboards at various athletic facilities locations, • Removal of, and work on Park water features and equipment (use of cranes, lifts and bucket trucks may be required, and • Installation of sport field lights (use of a bucket truck may be required). Transportation The Transportation Division requires a variety of electrical services in the maintenance of traffic and streetlights, storm water systems and other miscellaneous equipment and building areas. Public Utilities For work at the County's Water and Wastewater Divisions, on -call or new installation, the Contractor must be knowledgeable in industrial electronic repair, as a majority of this work requires working with 4160 VAC and below, including, but not limited to, splicing of submersible motors, troubleshooting and rewiring high service motors, thermal overloads with the associated Variable Frequency Drives (VFDs), chemical feed pumps fed by 4-20 MA, and assorted breakers and starters made by GE and Siemens (600V-90 Amp). Page I of 4 Exhibit A — Scope of Services Packet Pg. 1045 16.F.3.g Lzvitation to Bid (ITB) 23-8074 "Electrical Contractors" GENERAL REQUIREMENTS 1.1 FEMA funding may be used, in part, in support of this procurement. The Contractor(s) will maintain sufficient personnel to accomplish County's demand and secure qualified supplemental labor in event of a declared emergency. 1.2 Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. All other hours shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time and one half. Designated County Holidays: • New Year's Day • Martin Luther King, Jr. Day • President's Day • Memorial Day • Independence Day • Labor Day • Veteran's Day • Thanksgiving Day • Day after Thanksgiving • Christmas Eve • Christmas Day 1.3 _Work Requests The Contractors may also be required to respond to urgent work requests at times other than normal working hours. The Contractors shall be able to be available on a twenty-four (24) hour basis, three hundred sixty-five (365) days per year for such urgent work. 1.3.1 Normal Request: Contractor shall start work within two (2) business days after a valid Purchase Order has been issued by an appropriate County Representative. If requested, Contractor shall provide a time and materials proposal. Contractor must receive approval from the County Representative if additional time is needed. 1.3.2 Urgent Request: Contractor shall acknowledge an urgent request within one (1) hour of the request being sent by the County Representative. Contractor shall be on -site within two (2) hours after the County's initial request. A response time may be adjusted with approval by the County Representative. The issue must be resolved within 24 (twenty-four) hours unless additional time is approved by the County Representative. If requested, Contractor shall provide a time and materials proposal within the original 24 (twenty-four) hours. • The Contractor shall be paid a 1.5 x straight hourly rate for urgent requests regardless of the day or time the work is performed. • The Contractors shall supply the County with an emergency on -call telephone number and the same (or different telephone number) for routine repairs/new installation. 1.4 Employees The Contractors shall employ at least three (3) licensed electricians with at least four (4) years proven electrical knowledge, skills and experience in the industrial and commercial field; and adequate numbers of helpers to provide additional services. Page 2 of 4 Exhibit A — Scope of Services rAQ Packet Pg. 1046 16.F.3.g Invitation to Bid (ITB) 23-8074 "Electrical Contractors" 1.5 Licenses The Contractors, shall possess, and maintain throughout the term of the contract period and any renewal periods, the correct occupational (electrician) licenses, all professional licenses, or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. The Contractors shall be licensed to operate within Collier County. 1.6 Lftly Contractors and subcontractors shall comply with all Occupational Safety and Health Administration (OSHA), National Electric Code (NEC), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. 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. 1.7 Bacicground Checks Subcontractors must have background checks if they will have physical access to any Collier County locations, facilities, documents, or other information related to security and/or public safety, or at the discretion of the County, at the Contractor's expense. Contract employees with negative background check results may be denied all access to the site, may be restricted to specified geographic areas and/or at certain times of the day and must always be personally escorted by a County or Contract employee that is not subject to any such restrictions. 1.8 Employee Identification Contractors shall ensure that all employees have Collier County Government identification badges prior to the start of work, and that, those identification badges are worn at all times while performing services on County facilities. Any Contractor's staff or subcontractors observed on site without authorized identification badge will be removed immediately from the job at no expense to the County. The Contractor whose member has been removed from a job site will have negative comments placed in the annual review on file with the County regarding this noncompliance. 1.9 Equipment Contractors shall own and have in good repair or can rent all equipment necessary to perform the described services and the equipment necessary to complete related tasks. if heavy equipment (i.e., crane, bucket truck, etc.) is needed, the user Division must be notified, in advance, for approval. The Contractor shall have occasions where they must have, or rent, bucket trucks that extend from fifteen (15) to one hundred twenty-five (125) feet. Contractors must list any equipment that they do not have, or have access to, to meet the fifteen (15) to one hundred twenty-five (125) feet requirement. Equipment rental costs shall commence once it arrives at the County's service site. 1.10 Parts/Materials Parts/materials purchased for on -call electrical repairs/new installations shall be reimbursed at cost plus applicable mark-up of 10%. The Contractor shall provide documentation with their invoice, of the cost for parts and supplies (i.e., invoices) for all individual items with a price of five hundred dollars ($500.00) or more. The Contractor must also be able to order and receive repair parts in a timely and effective manner. Electrical parts manufacturers that are commonly used by the County include the following which is just a representative list and does not list all the parts manufacturers within the County facilities. Seco Electronics Allen Bradley Square D Action Pak/Action Instrument SSAC Di i Set Time Delays PS Syracuse Diversified Potter Brumfield Russell Stoll Magnetek, AGM ACME Page 3 of 4 Exhibit A — Scope of Services in 0 c 0 U a .L m w ti 0 0 M N 00 72 c� 3 Q Ln m In N Packet Pg. 1047 16.F.3.g Invitation to Bid (ITB) 23-8074 ">rlecte•ical Contractors" 1.11 Protection of Property The Contractors shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations the Contractors shall replace or repair the same at no cost to the County. 1.12 Clean -Up The Contractors shall be responsible for removing all debris from the site and cleaning affected areas. Contractors shall keep the premises free of debris and unusable materials resulting from their work and as work progresses, or upon request by the County's representative, shall remove such debris and materials from the property. The Contractor shall leave all affected areas as they were prior to beginning work (i.e., backfill trenches and replace sod). 1.13 Warranty/Guarantee Parts, replacement parts and fixtures shall be new and warranted for ninety (90) days. All labor for repairs shall have a one (1) year warranty or an agreed upon time period with County designee. L14 Unsatisfactory Work In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given seven (7) calendar days to correct the work. There will be no cost to the County for re -work or previously performed service by Contractor. 1.15 Contractor Rates All hourly rates quoted in Exhibit B Fee Schedule ("Fee Schedule") shall be all inclusive including, but not limited to the hourly employee pay rate, insurance, Contractor's overhead, profit, employee -related taxes, and any, and all costs associated with the employee travel including cost of vehicle, mileage, fuel charges and any other surcharges. 1.16 Invoices The Contractor shall produce invoices that contain the following details regarding the services performed: • Purchase Order number, • Location of service and any Division reference number for the service, • By position: Identify position, number of work hours performed on site, labor rate and total cost, • Parts/Materials furnished: Description of each part used, Contractor's cost of part, mark-up (either as a percentage or dollar) and total cost (tine County may request the Contractor's invoice from their supplier for any material used on the completion of a project), • Equipnnent: Description of each piece of equipment used, Contractor's cost of equipment and total cost (the County may request the Contractor's invoice from their supplier for any equipment rented oil the completion of a project), • Subcontractors/Equipment Rental: Description of set -vice provided, number of hours, hourly rate per trade, Contractor's mark-up, and total cost. Subcontractors will be allowed a maximum of 15% markup for services. o Subcontractor rates shall not exceed Contractor rates. • If applicable, any deductions or discounts, and • Total cost to be paid by the County. Page 4 of 4 Exhibit A — Scope of Services CAO Packet Pg. 1048 16.F.3.g Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Tenn Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 1049 16.F.3.g Invitation to Bid (ITB) 23-807d "Electrical Contractors" EXHIBIT B FEE SCHEDULE SECONDAR CONTRACTOR: TECHNICAL MANAGEMENT ASSOCIATES, INC. Item Description Hourly Rate 1 Journeyman Electrician $ 100.00 2 Apprentice Electrician $ 60.00 3 Helper $ 60.00 4 General Laborer $ 60.00 5 Ditch Witch - Upon arrival at site $ 25.00 6 Bucket Truck Operator $ 100.00 7 40 Foot Bucket Truck $ 25.00 8 60 Foot Bucket Truck $ 25.00 9 80 Foot Bucket Truck $ 25.00 10 120 Foot Bucket Truck $ 25.00 Mark -Ups Percentage of Mark -Up for Actual Cost of Parts/Materials 1'0% Percentage of Mark -Up for Subcontractor 15% Overtime and urgent requests 1.5 x Hourly Rate Prices shall remain firm for the initial term of this contract Page 1 of 1 Exhibit B — Fee Schedule (7,A0 Packet Pg. 1050 16.F.3.g Description: Other Exhibit/Attachment Federal Contract Provisions and Assurances Al following this page (pages 1 ❑ this exhibit is not applicable through 111 Page 17 of 17 Fixed Perm Service Mulli-Contractor Agreement 2022_Ver.3 CAQ Packet Pg. 1051 Collier County 1 6.F.3.g Sollcttalion 23-8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES N L FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE L The supplemental conditions contained in this section are intended to cooperate with, to supplement, and o to modify the general conditions and other specifications. In cases of disagreement with any other section v of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. m Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is w an entity that receives a Contract 1 Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -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. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 6121 et seq,, and Related Authorities o FEMA public Assistance Program and Policy Guide EXHIBIT I - 1 3/8/2023 4:63 PM p. 37 Packet Pg. 1052 Collier County 1 6.F.3.g Solicilatlon 23.8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES N L Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and v transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in ul this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. ti Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts, Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section; "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States, "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum: plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County, No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract, EXHIBIT I - 2 318/2023 4:53 PM p. 38 Packet Pg. 1053 Collier County 1 6.F.3.g Solicltalion 23-8074 EXHIBIT I FEDERAL_ CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services; (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause -- (b) Prohibitions. (1) Section 889(b) of the John S. McCain national Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after AugA 3, 2020, from obligating or expending grant, cooperative agreement, loan, or ban guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (1) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing -- (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (11). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement, (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information, (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 3I8=23 4:53 PM P. 39 Packet Pg. 1054 Colder County 1 6.F.3.g 5ofldatlon 23.8074 EXHIBIT I FEDERAL_ CONTRACT PROVISIONS AND ASSURANCES to L number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shalt describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts v that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. L (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in m ul all subcontracts and other contractual instruments. - Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C,F.R. pt, 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt, 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County, If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R, pt, 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions, Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https:llwww.epa.gov/smmlcomprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order andlor Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 31812023 4:53 PM p. 40 Packet Pg. 1055 Collier County 1 6.F.3.g Solicitation 23•8p74 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000 See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S,C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation, liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section, (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 302023 4:53 PM p. 41 Packet Pg. 1056 Golller County 1 6.F.3.g Solicitation 23-8074 EXHIBIT 1 FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1, The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3, The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of 'federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - b 3/8/2023 4:53 PM p. 42 Packet Pg. 1057 Collier County 1 6.F.3.g Solldtation 23-8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES N L union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of r c o v the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will m permit access to his books, records, and accounts by the administering agency and the Secretary of Labor w for purposes of investigation to ascertain compliance with such rules, regulations, and orders, (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act, Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 3/8/2023 4:53 PM p. 43 Packet Pg. 1058 Collier County 1 6.F.3.g Solicitation 23-8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor 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 County and the Grantor Agency 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 County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm. I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name TECHNICAL MANAGEMENT ASSOCIATES Date �04/1012023 Authorized Signature EXHIBIT I - 8 31812023 4:63 PM P. 44 CAG Packet Pg. 1059 Collier County 1 6.F.3.g Salicitatlon 23-8074 EXHIBIT I FEDERAL. CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR TECHNICAL M AGEMENT ASSOCIATES By: Sig ature CHAR ES L, FUELLGRAF, CEO 10251 METRO PARKWAY, SUITE 118 Street Address FORT MYERS, FL 33966 City, State, Zip UEI Unique Entity Identifier (for SAM.gov verification) _D4/10I202 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 3020234:53 PM p. 45 CAQ Packet Pg. 1060 16.F.3.g EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT %%iti be verified. unverdable statuses wi11 require the PRIME to either prc4ole a revised statement or provide source documentation that validates a A, PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEtD NUMBER CONTRACT DOLLAR AMOUNT TECHNICAI. MANAGEMENT ASSOC, 25-1823908 IS THE PRIME A FLORIOA-CERTIFIED D1SAD':AUTAGED. 'ATE RAN Y 15 THE ACTIVITY OF THIS CONTRACT MINORITY'ORWOMEN BUSME5SENTERFRi5E? DeE? Y (14 CONSTRUCTION ? / T/ N (DBEfr,tBE/�'lBEj OR HAVE A SMALL OISADVAWAGEO i/ dD BUSIHESSEACERTIFICATION FROM THE SMALL SUSINESS MBE? ti CONSULTATION? y ADMIMFMATION? ASERVICEDISABLEOVETERAN? *BE? Y OTHER? Y N .OS RA? Y 15 THIS SUBKILWON A REVISION? Y YES, REYI5ION NUMBER 8, IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN.OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT' SECTION DBE MIWBE SUBCONTRACTOR OR SUPPLIER I TYPE OF WORK OR I MNICFTY CODE I SUB/SUPPLIER I PERCENT OF CONTRACT VETERAN NAME SPECIALTY (SEe BelOW] DOLLAR ArAOUtlT DOLLARS TOTALS' C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME Or SUBMITTER DATE TrTLE OF SUBMTTTER TECI-INICAL MANTAGI;MENT ASS C. 04/10/2023 CEO £MAILADDRESS OF PRIME (5UBMITTER) TELEPHONE NUMBER FAX NVMUER CHUD.FUELLGRAF@FUELLGRAF.:OM 239 437 9582 NIA NOTE: This infGrmation I$ used to track "repari anticipated DBE or MBE parikipalion in federally funded contracts- The anticipated DBE or MBE amount IS Voluntare and NON not become part of the COnlraCWAI teMIS. TbiS form must be submitted at time of response to a Solid 3tion. If and when -c Yarded a County Contrail, the prime Nill be asked to update the information for the grant comptlance files. - ETHNICM CODE BlackAmerican BA Hispanic American HA riadyeAmerican NA 5ubcont.Asian Arrerican 51-4 A!iart-PafcAnvrkan APA Non-NfincriTfVYonten Nldr4 Other- net of any other group listed O D. SECTION TO BE COMPLETER BY COLLIER COUNTY (APARTMENT UAME I COLLIER CON TRACT A I181W or P01PE0i I GRAUT PROGRAr.WOUTRACT ACCEPTED BY: I DATE I EXHIBIT I - 10 �� o Packet Pg. 1061 Collier County 1 6.F.3.g Solidtalion 23.8074 EXHIBIT I FEDERAL. CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1, No Federal 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 Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying,' in accordance with its instructions. 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. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor 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 31 U.S.C. § 3801 at seq., apply to this certification and disclosure, if any. TECHNICAL ANAGEMI=NT ASSOCIAT ff Contr ctor ( Name) SignatVfe o Contractor's tharized fficial CHARLES L, FUELLGRAF, CEO Name -and Title of Contractor's Authorized Official 04/10/2023 Date EXHIBIT I -11 31812023 4:63 PM 7 Packet Pg. 1062 Collier County 16.F.3.h Solicitation 23-8074 Solicitation 23-8074 Electrical Contractors Solicitation Number 23-8074 Solicitation Title Electrical Contractors Solicitation Start Date Mar 8, 2023 6:52:34 PM EST Solicitation End Date Apr 10, 2023 3:00:00 PM EDT Question & Answer Apr 3, 2023 5:00:00 PM EDT End Date Solicitation Contact Barbara Lance Procurement Strategist 239-252-8998 Barbara.Lance@colliercountyfl.gov Contract Duration 3 years Contract Renewal 2 annual renewals Prices Good for 180 days Solicitation Comments Collier County is soliciting this Invitation to Bid with the intent of selecting electrical service Contractor(s) to provide labor, material, and equipment to perform repair and new installations for County Divisions. Past contract work, and new contract work shall include, but not be limited to the scope described below and communication, instrumentation, and control work. The Contractor shall provide all labor, material, and equipment for electrical services. Projects exceeding a total of $200,000.00 shall be formally solicited separately. These services will include repairs and new installations, and may include, but not be limited to, the following services for County Divisions listed below: - Facilities Management - Parks & Recreation - Transportation - Public Utilities Item Response Form Item 23-8074-01-01 - Electrical Contractors Quantity 1 each Unit Price 273, Delivery Location CollieiCounty No Location S e 'fe Qty1 Expected Expenditure $1.00 Description Please complete bid schedule and upload in Excel format. y L 0 U R L i 0 U Ta U �L U m w ti 0 00 M N m H z3 L �a 3 a LO ca N 3/8/2023 4:53 PM Packet Pg. 1063 23-8074 - Electrical Contractors Bid Schedule Input hourly rate for items in Lines 1-10 below. All line items must be completed, or bidder may be deemed non -responsive. * Estimated hours are for bid evaluation purposes only. The total bid amount is for award purposes only. Item Description Hourly Rate Estimated HoursTotal Multiplier* 1 Journeyman Electrician $ 100.00 2,000 $ 2O0,000.00, 2 Apprentice Electrician $ 60.00 1,000 $ 60,000.00 3 Helper $ 60.00 100 $ 6,000.00 4 General Laborer $ 60.00 100 $ 6,000.00 5 Ditch Witch - Upon arrival at site $ 25.00 20 $ 500.00 6 Bucket Truck Operator $ 100.00 4 $ 400.00 7 40 Foot Bucket Truck $ 25.00 4 $ 100.00 8 60 Foot Bucket Truck $ 25.00 4 $ 100.00 9 80 Foot Bucket Truck $ 25.00 4 $ 100.00 10 120 Foot Bucket Truck $ 25.00 4 $ 100,40 Total Bid Amount $ 273,300.00 Mark -Ups Percentage of Mark -Up for Actual Cost of Parts/Materials 10% Percentage of Mark -Up for Subcontractor 15% Overtime and urgent requests 1.5 s Hourly Rate REQUIRED FORMS AND DOCUMENTS Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Affidavit Fomi 3: Immigration Affidavit Certification Form 4: Vendor Submittal — Local Vendor Preference Affidavit Form 5: Reference Questionnaire Form 6: Grant Forms (if applicable) Insurance and Bonding Requirements E-Verify Sunbiz Page Vendor W-9 TECHNICAL N]AVSoGEMENT ASSOCIATES CHARLESM. ELLGRAF,CEO n go Packet Pg. 1064 Collier County Co ier County Procurement Services Division Form l: Vendor Declaration Statement 16.F.3.h Solicitation BOARD OF COUNTY COMMISSIONERS Collier County Government Complex ;n Naples, Florida 34112 ° U P L Dear Commissioners: ° U The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this U proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and 2 accepted. w The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _6_ day of APRIL , 2023_ in the County of _LEE______, in the State of FLORIDA Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: TECHNICAL MANAGEMENT ASSOCIATES 10251 METRO PARKWAY, SUITE 118 FORT MYERS, FL 33966 25-1823908 239-437-9582 3/8/2023 4:53 PM Packet Pg. 1065 1 6.F.3.h Collier County Solicitation 23-8074 CO Zr �� r County Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: L 0 Biased ground rules - The firm has not set the "ground rules" for affiliated past or current Collier County project identified r above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical o direction for the procurement) which appears to skew the competition in favor of my firm. U ca Impaired objectivity -The firm has not performed work on an affiliated past or current Collier County project identified •L above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to �a0i render impartial advice to the government. W Unequal access to information -The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. c� In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. TECHNICAL MANAGEMENT roOffri.�..�: Print 1*ame and Title State of t—k i ckt- 0 6 County of L_ Q Q- The fore oing instrument was acknowledged before me by means of Mphysical presence or O online notarization, this 10 day of � I (month), o�G (year), by G� cii t2. !, Q,:2 L E U Q r I G % ? I- (name of person acknowledging), ( I a o Notary Public) I l err c✓� S ZoZJ (Print, , or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification �1-10(R "0,,a 1) t, Type of Identification Produced 0 MARY PETERSON x° _ Notary Public. State of Florida CommissionAl HH 297811 My oomm. expires Sept. 23.2026 3/8/2023 4:53 PM Packet Pg. 1066 • 16.F.3.h Collier County Solicitation Additional Contact Information Send payments to: SAME AS ABOVE (required if different from Company name used as payee above) Contact name: CHUD FUELLGRAF Title: CEO L Address: L City, State, ZIP 0 U Telephone: E •L a� w Email: ti 0 Office servicing Collier C? County to place orders N (required if different from m above) CHUD FUELLGRAF Contact name: 3 Title: CEO Q LO Address: to 'r> N City, State, ZIP N 0 a Telephone: a Email: I c� 0 U) 3/8/2023 4:53 PM Packet Pg. 1067 I 16.F.3.h I State of Florida Department of State L rt+ 0 U I certify from the records of this office that TECHNICAL MANAGEMI NT ASSOCIATES, INC. is a corporation organized under the laws of the State of Florida, filed on August 24, 1983. a w The document number of this corporation is G56697. N- I further certify that said corporation has paid all fees due this office through December 31, 2022, that its most recent annual report/uniform business report was riled on January 24, 2022, and that its status is active. I further certify that said corporation has not filed Articles of Dissotution. Given tinder tuy hand and the Great Seal of the State of Florltla at Tallahassee, the Capital, this the Tlvetnjy-seeotid day of March, 2023 Secretary, of We Tracking Number: 4066906926CU To authenticate this certiticate,visit the folloviing site,ettter this number, and then follow the instructions displayed. httpsa/serviccs.sunbiz.org/Fi;lineslCerti11cateofStatusiCertificateAuthentieation Packet Pg. 1068 Collier County .:h Co 7ev C;014 tty Procurement Services Division Form 3: Immigration Affidavit Certification 1 6.F.3.h Solicitation This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program(lhttns://www.e-verifi,.(—Yov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the vendor's proposal/bid or within five (S) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALBID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. TECHNICAL VA24AGEMENT AS L. State of i k G ,Z$ 4)0_ County of i1 1< E Print Nime and Title The foregoing instrument was acknowledged before me by means of [�,Oysical presence or ❑ online notarization, this _[_aL day of L (month), a c,2�(year), by C 1+ 6• R 1� . FAIA (; R 4 F (name of person acknowledging). T_ 40���Q , (S' r otary Public) (Print, e, or Stamp Commis (oned Name of Notary Public) Personally Known OR Produced Identification .I_ kGggD)q- 0 �_ Type of Identification Produced 4�� ,G� MARY PETERSON $ Notary Public. State of Florida Commission# HH 297811 My comm. expires Sept. 23.2026 Q 3/8/2023 4:53 PM Packet Pg. 1069 16.F.3.h er iaie.i{S fn Company ID Number: 2110605 5 fir` E-VERIFY ISA SERVICE OF DR SAND SSA THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and Technical (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208,110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES0FTHE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 n 7M Packet Pg. 1070 16.F.3.h erg O Company ID Number: 2110605 �•4Hb S(�'S a [•YLit1FV ISA SIMCE OF DNS MDSSA 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551(Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the anti- discrimination requirements of section 274E of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 L 0 U �a c 0 U U �L U a) Packet Pg. 1071 16.F.3.h X erg e Company ID Number: 2110605 of LYSiIFY IS A SMILCDSDKSAMD SSA employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify partici.pant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.i(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 n go Packet Pg. 1072 16.F.3.h Verif y Company ID Number: 2110605 *0 [•VIRIiY IS S SR4W C[ DG OMt�Mp tY (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@uscis.dhs.gov. Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 n go Packet Pg. 1073 16.F.3.h Verify. *ED Z WR6A if f s[IVIC! OF DHf At0 S" Company ID Number: 2110605 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. o L yr c,> 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services c as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on v its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify L endorses or authorizes your E-Verify services and any claim to that effect is false. m 20. The Employer shall not state in its website or other public documents that any language used therein w has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. ~ 0 cw 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS N (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any m manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. a 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in c E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1074 16.F.3.h =fy. tz-Ven Company ID Number: 2110605 (;`Iuln () E-VERIFY IS A SERVICE OF OMSAND SSA b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C.1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6,1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6,1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1075 16.F.3.h Verify, Company ID Number: 2110605 1`5.1 F�Akyp 1 E•VE41FP IS SEAYKE OF DNSAND SSA Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C.1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government workdays of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1076 16.F.3.h S:tif: , erg �i!Si i.a %aoc Company ID Number: 2110605 r �4xa stC� E-YERM IS• SEW" OF ONSAW iM b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's �n participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone o numbers of DHS representatives to be contacted during the E-Verify process. U L 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an o E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA v Ta and DHS, including restrictions on the use of E-Verify. L r U 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory w refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. o 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in N E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special m Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 3 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and a password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLEIII REFERRALOFINDIVIDUALSTOSSAAND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1077 16.F.3.h �-Verify. Company ID Number: 2110605 4an- 9-weal" ISA SlAw eOf GMi AMW The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letterfor employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. if the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 i 0 U �a c 0 U U �L a.+ U am Packet Pg. 1078 16.F.3.h ��;,E-Veri� 5 EXE10Y MA SEAYKE Of OMSAA0 SSA Company ID Number: 2110605 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. y L 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative C nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative L nonconfirmations, generally. o U 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo M mismatch the Employer will send a co of the employee's Form 1-551 Form 1-766 U.S. Passport, or passport •U PYP� P P card to DHS for review by: w a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the N Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The m Employer agrees to resolve the case as specified by the DHS representative who will determine the photo v match or mismatch. 3 a 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. o N 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLEV MODIFICATION ANDTERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1079 16.F.3.h E-Verify, Company ID Number: 2110605 B. TERMINATION ��1: IIIIIU E-VERIFYI A$ERVKEGFbM$AYM SSA 1. The Employer may terminate this MOU and its participation in E-Verify at anytime upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at anytime if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non - Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1080 16.F.3.h -Verify. Company ID Number: 2110605 �O�fAAtd�'� O S-VSRIFY IS A SSRVIQ OF DHS A1W MA E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional L oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). c 0 F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU v on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, L representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C.1001 and/or; (2) w immediate termination of its MOU and/or; (3) possible debarment or suspension. ti G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. o To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1081 16.F.3.h r OEMR �F' dill vq�R'➢ S� E YTRIFY If A Si RYKE➢F➢NS AN➢ aea Company ID Number: 2110605 Approved by: Employer Technical Management Associates Name (Please Type or Print) Title charles fuellgraf Signature Date Electronically Signed 03/23/2023 Department of Homeland Security - Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 03/23/2023 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1082 16.F.3.h L: s lYkI1tFY ISA 5lWtCE OF CNf Att0 SSA Company ID Number: 2110605 Information Required for the E-Verify Program Information relating to your Company: Technical Management Associates Company Name 10251 Metro Parkway STE 118 Company Facility Address Ft Myers, FL 33966 Company Alternate Address County or Parish LEE Employer Identification Number 251823908 North American Industry 238 Classification Systems Code Parent Company Number of Employees 5 to 9 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1083 16.F.3.h -Verify. Company ID Number: 2110605 / �+tfatTuf� [�KIItfT Y A M1EIIYtQ os D1(M1 AILfl iSA Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FL Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 n go Packet Pg. 1084 16.F.3.h L�I:IG'Yts"� Company ID Number: 2110605 OFfI.RTyp h ►.VERIFY ISA SERVICE OF DHSAHD SSA Information relating to the Program Ad ministrator(s) for your Company on policy questions or operational problems: Name charles fuellaraf Phone Number 7245440022 Fax Email chud.fuel laraf(o)..fuellaraf.corn Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1085 16.F.3.h / TAtTy`�d ._ — ��.��►'.�� III E-VtRIFT IS A SERVICE OF DNS AND SSA Company ID Number: 2110605 This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1086 16.F.3.h Collier County CO3 ier C034* tY Procurement Services Division Form 4 Reference Questionnaire (USE OV,I~ .FO" FOR EACH REOUIRRD REFERENCE) Reference Questionnaire for: i=; 3`ECHNICAL MANAGEMENT ASSOCIATES (Name of Company Requesting Reference Information) CHUD FUELLGRAF, CEO Name: DJ\A/IEL /v. 9%661AS (Evaluator completing reference questionnaire) Email:d✓I� ��+h�1D1Utri5,(aM Solicilation 23-8074 Company, (}0UbLP& N. N 166I NS1 TfJC (Evaluator's Company completing reference) f -1qV %,t%jo Telephone:^i &4 "qqt- qSO O 0 U �a c 0 U R L U a> Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very sa"fed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/'mdivdival again). lfyoa do not have sufficient knowledge ofpast performance in a particular .area, leave it blank and the item or form will be scored "0." ') Project Description: QS 303 3a`1 J �� Completion Date: Project Budget: 6LEC-TAi OV— — _ WAS 00 G Project Number of Days- 4aC) Item Criteria $core roust be com let I Ability to manage the project costs (minimize dtamga orders to scope). 0 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. (0 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. D 6 Project administration (completed documents, final invoim final product turnover; invoices; manuals or going forward documentation, etc.) (� 7 Ability to verbally communicate and document information clearly and succinctly. O 8 Abiltity to manage risks and unexpected project circumstances. Q 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 0 10 Overall comfort level with hiring the company in the future (customer satisfactien). 10 TOTAL SCORE OF ALL ITEMS 00 31N2023 4:63 Phl R 32 Packet Pg. 1087 1li.F.3.h Colter County co per county Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE/ Reference Questionnaire for. =- "UCHNICAL MANAGEMENT ASSOCIATES (Name of Company Requesting Reference Information) CHUD FUELLGRAF, CEO Name: Ray R. Atkinson Company: EnviroStrucl LLC (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Ray@Envirostruct.net FAX: solicitation 23-8074 5700 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I. to 10, with 10 representing that you were very satisifcd (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firmrndivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0. " Project Description: Eire District Admin and Station Completion Date: 11/8/2021 Project Budget: $11.475,000.00 Project Number of Days: 585 Item Criteria Score must be cam 1 I Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 S Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the firture (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 302023 4:53 PM p. 32 Packet Pg. 1088 16.F.3.h Collier County Co lr r County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Reference Questionnaire for: °TECHNICAL MANAGEMENT ASSOCIATES (Name of Company Requesting Reference Information) CHUD FUELLGRAF, CEO Name: Adrian Bolders Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Solicitation 23-8074 Emil: ajbolders@viliving.com FAX: It's 2023 Telephone: 720-207-3653 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Care Center Generator Upgrade Project Budget:. $375,000 Completion Date: _ November 2019 Project Number of Days: _ 120 Item Criteria Score must be cam le 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 1000 y L Q L 0 U •L r d w ti 0 w Cl) N to F- 3 Q LO W LO 307023 4:63 PM p. 32 Packet Pg. 1089 Collier County 16.F.3.h Solicitation 23-8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -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. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 318/2023 4:53 PM Packet Pg. 1090 16.F.3.h Collier County Solicitation 23-8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and 0' transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means ° U whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to P provide the FEMA Administrator or his authorized representatives' access to construction or other work c sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the v Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in R this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller 2 General of the United States. 41 a� Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take w all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. o Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 3/8/2023 4:53 PM Packet Pg. 1091 16.F.3.h Collier County Solicitation 23-8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or =- essential component; and telecommunications equipment or services have the meaning as defined in o FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — L c (b) Prohibitions. � j R (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. U L No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, U from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. w (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 3/8/2023 4:53 PM Packet Pg. 1092 Collier County 16.F.3.h Solicitation 23-8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment_ (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- p rocu rement-guideline-cpg-prog ram. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." y 0 U L c 0 U �a U �L U w ti 0 0 M N m H z3 �a 3 a LO ca EXHIBIT I - 4 3/8/2023 4:53 PM Packet Pg. 1093 Collier County 16.F.3.h Solicitation 23-8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where ° applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of L mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as o supplemented by Department of Labor regulations (29 CFR Part 5). v (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such U laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of °' forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less w than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. o (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause M C`r set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be m liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each a individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was , required or permitted to work in excess of the standard workweek of forty hours without payment of the LO overtime wages required by the clause set forth in paragraph (1) of this section. v (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 3l8J2023 4:53 PM Packet Pg. 1094 Collier County 16.F.3.h Solicitation 23-8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, =' report each violation as required to assure notification to the Federal Emergency Management Agency, and L- 0 the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include �°, these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal 16 assistance provided by FEMA. o U Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all M applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as 2 amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification w to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this c'> N contract, all claims, counter -claims, disputes and other matters in question between the local m government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. 3 CONSTRUCTION ACTIVITIES a Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part , 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 W must include the equal opportunity clause provided under 41 C.F.R. § 60-1.4. During the performance of this contract, the contractor agrees as follows: w 0 1 The contractor will not discriminate against an employee or a applicant for employment because of race, () 9 YPP� a ° ai color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without 0 regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action a shall include, but not be limited to the following: c m Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; E rates of pay or other forms of compensation; and selection for training, including apprenticeship. The a, contractor agrees to post in conspicuous places, available to employees and applicants for employment, _ notices to be provided setting forth the provisions of this nondiscrimination clause. f6 (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the U contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. r- (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 3/8/2023 4:53 PM Packet Pg. 1095 Collier County 16.F.3.h Solicitation 23-8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 3/812023 4:53 PM Packet Pg. 1096 Collier County 16.F.3.h Solicitation 23-8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor 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 County and the Grantor Agency 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 County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name TECHNICAL MANAGEMENT ASSOCIATES Date _04/10/2023 Authorized Signature EXHIBIT I - 8 �n 0 L 0 U v a� w 0 0 M N m F- L 3 a LO W LO N 3/8/2023 4:53 PM Packet Pg. 1097 Collier County 16.F.3.h Solicitation 23-8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR TECHNICAL MAVAGEMENT ASSOCIATES By: CHARZES L. FUELLGRAF 10251 METRO PARKWAY, SUITE 118 Street Address FORT MYERS, FL 33966 City, State, Zip UEI Unique Entity Identifier (for SAM.gov verification) _04/10/2023 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 3/8/2023 4:53 PM Packet Pg. 1098 1 6.F.3.h EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION .STATEMENT vilf be ven5ed. Urnerifabie statuses mil require the PRIME to either provide a revised statement or provide source documentation that validates a A.. -PRIM JE 3TEP1aOR/C4NTRACTC►R INFORMATION PRiPAE NAME PRIME FED NUMBER CONTRACT DOLLAR AMOUNT TECHNICAL MANAGEMENT ASSOC. 25-1823908 t5 THE PRIME A FLORIDA-CERTIRED DISADVANTAGED, 44TEAAN V 5THE ACTIVITY OF THIS CONTRACT._. MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? V CONSTRUCTION ? / r/ N (DBEf1.1BEjWBE) OR RAVE A SMALL DISADVANTAGED V SLISflESSSACERTIFICATION fROMTHE SMALLBUSINESS MBE? Y CONSULTATION? Y ADMIMSMIFION? A SERVICE DISABLED VETERAN WBE? Y OTHER? Y N SUB BA? Y 15 TIi-5 SUBMIS54ON A REVISION 71 Y 11' YES, REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER I TYPE OF WORK OR I ETHNicrrY CODE I SUB/SUPPLIER PERCENT OF CONTRACT Va l NAME SPECIALTY (See SeLowl DOLLAR AMOUNT I DOLLARS TOTALS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR .NAME CW SUBMITTER DATE TITLE OF SUBP.Irn-ER TECHNICAL MANAGEMENT ASSOC. 04/10/2023 CEO EMAIL ADDRESS OF PRIMEISUBIMrrHRI TELEMONEHUMBEIR F l NUM3TR CHUD.FUELLGRAF@FUELLGRAF. OM 239-437-9582 NIA NOTE: This information is used to track and report antidpated DBE or MBE participation in federally -Funded comracts_ The antidpated DBE or MBE amount is voluntary and will not become part of the contractual terms. This farm must be submitted at time of response to a solicitation. f and when awarded a County contract, the prime will be asked to update the information for the grant compliance files. ETHNtCfTY CODE B at3 LrneriCan BG n,spaniC American PIA PlativieAmerwan NA Subcont_ Asian ,smefican SAA Aszart-Pa is Amerian APR Non-I'Amority Women NMW Other: not of any other group listed D D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTI.IENTNAMEI CIDWERCONTRACTZITFBfRfPorPO.'RiQi I GRANTPROGkkM/CONTRACT IACCEPTED BY: I DATE EXHIBIT I - 10 Packet Pg. 1099 Collier County 1 6.F.3.h Solicitation 23-8074 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYINGCERTIFICATION (To be submitted with each bid or offer exceedins $100.000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal 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 Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 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. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor 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 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. CHARLES L. FUELLGRAF, CEO Name nd Title of Contractor's Authorized Official 04/10/2023 Date EXHIBIT I -11 0 U fC L c 0 U •L d w ti 0 w A N LO H 3 a LO CD LO N 3/8/2023 4:53 PM Packet Pg. 1100 16.F.3.h smM Wag at"tr1e°amal de>sa+ Request for Taxpayer identMeWon Number and Cent entlon ► Qo to wraw.b wlFWmM Mr Uft=dans and fteute t fntmzaatw& on Technical fllfartadttdt wnt Assoclates 01" Bonn ID the DDftM wend to the If UL i oappropAate tar tadeam t3xdamftadarn CAM perse:t some nwe is cMamd on ba7. Cho* "am of tyre 4 Ex (w +�yle (3*ehuftsviobwowwaror ❑ o a rpmselaa Q s earporam O P v=t4 ❑ TrdKt tab EsatrueCertaen page3fi [jUM*dltebMyCcMpsrair•t3s�uerm�atossrew locircotpot�lorisasomporaston.Adart ds�s $ NOta�Ct�etlttR9�ttaffibmthlthet6teahoratatthet®t�solttta at Oonalot►eskQWMffMtromFATCA Mparfg U.CUthstLCta w*nftavawydtAeucb a �M vwUwLL*Vudtsesatdtraga{dedhamtdmWNW tartMfadcratttatpt X=3.Qthenvlse,aetn o-tim.rb rUJO Ca d mprded dim the conm WI=dd do* the qvapMo tax fortrre tax databltwam alb awns Otur+o••oot�rodaoearto�W wusr j 1102bl flliatro PEticway� ' Suite FL 339" Erftr yourTIN In thaw box ltrelIM pr badw bholFor � ft le ow reqwdad am wntffes,ttIsyaw ertT l%wfde WbWonnumber TlN, later. I nnrst match UM name glvan on arse t to avdd Wsocial aaourfty rr mber(S8 6 tlowoff. for a e the tasntrbbW for Part I. tense. For other It you do not have a camber. see #Omv to get a NOW N the eooaturt to to More area one name, We the Inatrttatborut for ON 1. Also See Mot At -4v ad NlWrJwTo tie bite Requosmfor gudde}Ines an whose number to enter. 1.11ta nwnbershatiwt amttrta tarot>a myoornset Q>xpaQrar tdarstlfleatlan mtrrrtbar(or f ern mWnglaranumbarto belesrred tom* and P. ! am riot to wtthriolalrtg because (a) I am ex�mpt from baslarp wftfdtoldUt or 1 have rtat been notified bythe IRtandal Raventre Setvloe @Rb that I s mt to bWokup wtthh Mig as a rmf! of a fallum to report aft tnt or cuwftrdf% or fp) the in ho noded me that t am no laa8eraubjact to baciarp wlthho;*W end 9. I am a U.S. dtkm or other UA person (defined bW*; and 4. The FATCA sod* a d&W an tttft: fbtm Of WO htdfzdnq that t am awrtpt from FATCA reportlep Is c&vwt. aer IN 11aa k*udlwm You must areas ad !tern 2 ebete N you have bean naEW by the M that you ero amwtUy adW to b=Wp Whhhotdn beemrse you hm ladled to report a0 khmst and dlvtder+4 on yaurtex ralun fbr real wteto tram Bern 2 does rent apply. Fore WtFga WSrast paid OOMMM WNW IM6 Cftwftjw am ret,*IuWd `a n the ovy u Mugt pmvideroyrottreerreotdlhao-gtrugairt t�1 tifgnassaeer General inebwlon f aeon rafaronaes are to the tntaasad v4venue Cod@ urttm ath FuWMdsreto>lttterAm gar dt$ IadestWcmuMmabauldesrelaprnx to e�eialod to Fom W-0 and fffi fnstmrotftsns, ttuoh as teaWdon enacted after nhaytoer9 pubUM4 so to wtuw.6sgovlFoM%Q Purpose of Damn An trtr!luMuW ar errdgt (Farm W-9 mpadM who ► rorltdted to toe an tmWm don Mum wNh the AS must otdsfn you oohed Isdrpa w Idenft dort number MM wtfich ff ay be your social Somft member Oft tndtvkWW borp&W ldefst�toa raarttrer(riDq, adoAm tanpayerUWaWCa%km earn AW (AT". or emptayer Idez1hodan number arrsoiat�t r rta�ta�on arson httarrrp4tlo rein E1osrrrpFeof wm d � retuema Lne}ude. but are mat fhrlted to the fotlaw5w. • Form 1099-W PiterM earned or pall} state ► fur da�j 1099-0{V (dtsldende, fndu g th'=fran t cr mUWW • germ 109"W- (vartaut Wesel Dwome, prb % awards, ororm • Fwn I WO-8Other twMasew by mrrpral litnd seas and a ruin • FOM 100S tMefth {farm real asb0trrmaecdanaj • Farm 1 tr99•K ptterdtant sold aatd third pally mt*ft trrotae adoW • Form 1=Qtmm mortgegeintares<y, matte-& (student toss tntarGA INS-T (ihlo • Form 100-O W eged debly • FMtbe i069-A(aaqubifionarakaadanraelttatseouredprapelty) two,1� ff �uU.t3. pe+�+C�+�s a r$eidant ffyou de raueturrr Form M to the regsaeter wall a 7itlt You mtftt � tO wl�Idr *bgt See t Whd Is beak p %ft Wna fiatNo. IMIX Fenn VW.&tO•rAta) to L 0 <.i 0 t) .L v to r` 0 ao c� N m H L 3 LO W LO N U aD ti 0 rb M N C ar E t Q Packet Pg. 1101 16.F.3.h C- �® DATE (MMIDDIYYYY) A CC CERTIFICATE OF LIABILITY INSURANCE 12/27/2022 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 CONTACNAME: Ellen Stroh IMA, Inc - Pittsburgh FAX PHONE 316 First Avenue • 724-548-5178 'C. 0 No]: 3rd Floor ADDRESS: Ellen.Stroh@ima-ess.com Kittanning PA 16201 INSURERS AFFORDING COVERAGE NAIC# INSURER A: The Continental Insurance Company 35289 INSURED TECHMGM-01 INSURER B : Valley Fore Insurance Company 20508 Technical Management Associates, Inc. INSURERC: National Fire Insurance Company of Hartford 20478 10251 Metro Parkway, Suite 118 Fort Myers FL 33966 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:191991191 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 ADDLSUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 7018117394 1/1/2023 1/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE a OCCUR PREMISES Ea occurrence $100,000 MED EXP (Any one person) 515,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY [�] RCOT- LOC PRODUCTS - COMP/OP AGG S 2.000,000 s OTHER: B AUTOMOBILE LIABILITY Y Y 7018117377 1/1/2023 1/112024 COMBINED SINGLE LIMIT Ea aoddent S1,000,OD0 BODILY INJURY (Per person) S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS IX BODILY INJURY (Per accident) S PROPERTY DAMAGE Per. denl S HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY S A X UMBRELLA LIAB X OCCUR Y Y 7018117413 1/1/2023 1/1/2024 EACH OCCURRENCE S5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ innnn $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRiETORIPARTNER/EXECUTIVE Y WC718117380 1/1/2023 111/2024 X PER R E STATUTE ER E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMSER EXCLUI a NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1.000,000 If Iyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Pollution Liability 7018117394 1/1/2023 1/1/2024 $1,000.000 Ea. Claim $1,000,000 Agg. A Contactors Equipment Leased & Rented Equipment 7018117394 1/1/2023 1/1/2024 Limit Limit $500,000 $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Certificate Holder and all other parties required by the contract are included as Additional Insured with Completed Operations on the General Liability Policy and Additional Insured on the Automobile Liability and Umbrella Liability Policies, if required by written contract or agreement, subject to the policy terms and conditions. This Insurance is Primary & Non -Contributory on the Genera( Liability and Automobile Liability Policies, if required by written contract or agreement, subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of the Certificate Holder and all other parties required by the contract on the General Liability Automobile Liability, Umbrella Liability and Workers Compensation Policies, if required by written contract or agreement, subject to the policy terms and conditions. Umbrella Liability policy is in excess of the General Liability, Automobile Liability and Employers Liability Policies, subject to the policy terms and conditions. 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 � >�4 to O U to L C O U U �L U 0) W 0 0 M tV no H 3 Q t19 to l(y ©1988-2015 ACORD CORPORATION. All rights reserves.. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 1102 501 C: w 1�1 leoIJ13013.. 'VLOS-CZ 1311 PJemV : 17999Z) lesodOJd-30ssV juawaBeueVq 4381 tL08-CZ :ju8wt4:)ejjv W z 0 LLI LL 0 2 0 LL Z 0 < LLI ti) 60) LLI z LL. 0 z CW — 0 z z LLI '/1.1 LL. u LLI Li E 0 10 0 cu Y cu ro O Ln 4-J (U Ln c (U LA Ln DIVISION of 16.F.3.h .org 'JVpJr���rr�r�, wl u, firjal . tIwe of Florifill s eb� ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation TECHNICAL MANAGEMENT ASSOCIATES, INC. Filing Information Document Number G56697 FEI/EIN Number 25-1823908 Date Filed 08/24/1983 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/04/2018 Event Effective Date NONE Principal Address 10251 METRO PARKWAY SUITE 118 FORT MYERS, FL 33966 Changed: 05/04/2018 Mailing Address 10251 METRO PARKWAY SUITE 118 FORT MYERS, FL 33966 Changed: 05/04/2018 Registered Agent Name & Address FUELLGRAF, CHARLES 10251 METRO PARKWAY SUITE 118 FT. MYERS, FL 33966 Name Changed: 08/30/2019 Address Changed: 01/08/1999 Officer/Director Detail O v R i r C O U FU •L U d w v 0 M N m E L R LO Q v cc N Packet Pg. 1104 Name & Address 16.F.3.h Title President FUELLGRAF, TERRI L 166 MCKAY ROAD SAXONBURG, PA 16056 Title CEO FUELLGRAF, CHARLES L, III 8934 CRANES NEST COURT FORT MYERS, FL 33908 Annual Reports Report Year Filed Date 2020 01 /17/2020 2021 01 /07/2021 2022 01 /24/2022 Document Images 01/24/2022 -- ANNUAL REPORT View image in PDF format 01/07/2021 --ANNUAL REPORT View image in PDF format 01/17/2020 --ANNUAL REPORT View image in PDF format 08/30/2019 -- Reg. Agent Change View image in PDF format 01/18/2019 -- ANNUAL REPORT View image in PDF format 05/04/2018 -- Amendment View image in PDF format 01/17/2018 -- ANNUAL REPORT View image in PDF format 03/02/2017 -- ANNUAL REPORT View image in PDF format 03/07/2016 -- ANNUAL REPORT View image in PDF format 03/19/2015 - ANNUAL REPORT View image in PDF format 01/06/2014 -- ANNUAL REPORT View image in PDF format 02/19/2013 -- ANNUAL REPORT View image in PDF format 01/09/2012 -- ANNUAL REPORT View image in PDF format 01/05/2011 --ANNUAL REPORT View image in PDF format 01/05/2010 - ANNUAL REPORT View image in PDF format 04/13/2009 -- ANNUAL REPORT View image in PDF format 04/24/2008 -- ANNUAL REPORT View image in PDF format Q 04/12/2007 -- ANNUAL REPORT View image in PDF format 01/10/2006 -- ANNUAL REPORT View image in PDF format 01/19/2005 - ANNUAL REPORT View image in PDF format 04/28/2004 -- ANNUAL REPORT View image in PDF format 02/13/2003 - ANNUAL REPORT View image in PDF format 03/07/2002 -- ANNUAL REPORT View image in PDF format Packet Pg. 1105 03/15/2001 --ANNUAL REPORT View image in PDF format 03/08/2000 - ANNUAL REPORT View image in PDF format 07/30/1999 -- ANNUAL REPORT View image in PDF format 06/02/1999 - Name Change View image in PDF format 01/08/1999 -- REINSTATEMENT View image in PDF format Florida Department of State, Division of Corporations 1 6.F.3.h N L 0 Q R i C O U c2 •L r u d Packet Pg. 1106 I 16.F.3.i I ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE IN 5/10/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ellen Stroh IMA, Inc - Pittsburgh PHONE FAX 316 First Avenue A/C No Ext : 724-548-5178 A/C No): 3rd Floor ADDRESS: Ellen.Stroh@ima-ess.com Kittanning PA 16201 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: The Continental Insurance Company 35289 INSURED TECHMGM-01 INSURER B : Valley Forge Insurance Company 20508 Technical Management Associates, Inc. 10251 Metro Parkway, Suite 118 INsuRERc: National Fire Insurance Company of Hartford 20478 Fort Myers FL 33966 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1451691398 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 7018117394 1/1/2023 1/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y 7018117377 1/1/2023 1/1/2024 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR Y Y 7018117413 1/1/2023 1/1/2024 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y WC718117380 1/1/2023 1/1/2024 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? I NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Pollution Liability 7018117394 1/1/2023 1/1,2024 $1,000,000 Ea. Claim $1,000,000 Agg. A Contactors Equipment Leased & Rented Equipment 7018117394 1/1/2023 1/1/2024 Limit Limit $500,000 $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder and all other parties required by the contract are included as Additional Insured with Completed Operations on the General Liability Policy a Additional Insured on the Automobile Liability and Umbrella Liability Policies, if required by written contract or agreement, subject to the policy terms and conditions. This Insurance is Primary & Non -Contributory on the General Liability and Automobile Liability Policies, if required by written contract or agreement, subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of the Certificate Holder and all other parties required by the contract on the General Liability, Automobile Liability Umbrella Liability and Workers Compensation Policies, if required by written contract or agreement, subject to the policy terms and conditions. Umbrella Liability policy is in excess of the General Liability, Automobile Liability and Employers Liability Policies, subject to the policy terms and conditions. See Attached... CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail E Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE __9 C q v> Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1107 AGENCY CUSTOMER ID: TECHMGM-01 LOC #: 16. F.3. i ,CORE) AGENCY IMA, Inc - Pittsburgh POLICY NUMBER ADDITIONAL REMARKS SCHEDULE CARRIER I NAIC CODE NAMED INSURED Technical Management Associates, Inc. 10251 Metro Parkway, Suite 118 Fort Myers FL 33966 EFFECTIVE DATE: Page 1 of ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, to FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE:Contract 23-8074 Fixed Term Service Agreement . Certificate Holder includes Collier County Board of County Commissioners, Board of County Commissioners in Collier County, Collier County Government, OR G Collier County. U c,� �L r V W 0 M N m I— E L 3 Q u� m LO N r C d d i� t9 C V t V N H _I O U ti 0 0 M N C N E t V f� r Q ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1108