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Agenda 12/12/2023 Item #16C 2 (Award request for proposal Generator Maintance to Genserve, LLC)
16.C.2 12/ 12/2023 EXECUTIVE SUMMARY Recommendation to award Request for Proposal ("RFP") No. 23-8091R, "Generator Maintenance and Repairs," to Genserve LLC, and authorize the Chairman to sign the attached Agreement. OBJECTIVE: To obtain cost-effective and timely generator maintenance services. CONSIDERATIONS: Several Divisions within the Public Utilities Department and other Divisions in the County Manager's Agency routinely require the services of a generator maintenance company for both scheduled and unscheduled work. Generators are required to maintain a reliable source of power to County facilities. On August 18, 2023, the Procurement Services Division issued RFP No. 23-8091R, "Generator Maintenance and Repair Services." The County received two proposals by the September 8, 2023, deadline. RFP No. 23-8091R is a "re -solicitation," as it was previously advertised on April 26, 2023, as RFP No. 23-8091 for sixty-five (65) days. Staff performed additional outreach and received one non -responsive proposal at the time of the original solicitation. Staff reviewed the proposals received for the re -solicited RFP No. 23-8091R and found Genserve LLC to be responsive and responsible. Staff found Cummins, Inc. d/b/a Cummins Sales and Service non -responsive for failing to respond to the minimum required evaluation criteria of the RFP. A selection committee met on September 27, 2023, and after review of the proposal and deliberation, the committee scored the proposal and established the final ranking shown below. Respondents: Company Name City County State Final Responsive/Responsible Ranking Genserve LLC Plainview Nassau NY FL 1 Yes/Yes Coral Springs Broward Cummins, Inc. DBA Ft. Myers Lee FL Not No/Yes Cummins Sales and Ranked Service On October 6, 2023, Staff met with Genserve LLC to begin negotiations of the contract and was able to agree to recommended terms and rates that have been determined to be fair and reasonable based upon a review of other generator maintenance contracts with area municipalities including the Collier County School Board and Lee County. Genserve LLC currently serves several municipalities throughout Florida, including Cape Coral, that are of similar size and received a favorable response on its reference check forms. Genserve LLC incorporated in New York in 2018, and is registered to do business in Florida with the Division of Corporations. Staff recommends awarding RFP No. 23-8091R, "Generator Maintenance and Repairs," to Genserve LLC. Services are currently covered by Multiple vendors under Agreement No. 18-7324, which has been extended by one of the vendors, L.J. Power, Inc. until December 27, 2023. The new contract will take effect on December 27, 2023 when the existing contract ends with L.J. Power, Inc. FISCAL IMPACT: The exact fiscal impact will depend on the number of required repairs and preventative maintenance tasks performed during the life of the contract; however, countywide historical annual spending has approximated $1,000,000 per fiscal year. Sources of funding include the Collier County Water District Operating Packet Pg. 1782 16.C.2 12/ 12/2023 Fund (4008). Other County Manager Agency Divisions utilizing this contract will provide funding from their respective budgets. GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water -Sewer District, award RFP No. 23-8091R, Generator Maintenance and Repairs, to Genserve LLC and authorize the Chairman to sign the attached Agreement. Prepared By: Pamela Libby, Manager, Water Distribution ATTACHMENT(S) 1.23-8091R Solicitation (PDF) 2.23-8091R Final Ranking (PDF) 3.23-8091R NORA pdf (PDF) 4. [linked]Genserve proposal package complete (PDF) 5. [Linked] 23-8091R VendorSigned_Genserve (PDF) 6.23-8091R Insurance_Genserve (PDF) Packet Pg. 1783 16.C.2 12/12/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doe ID: 26809 Item Summary: Recommendation to award Request for Proposal ("RFP") No. 23-8091R, "Generator Maintenance and Repairs," to Genserve LLC. and authorize the Chairman to sign the attached Agreement. Meeting Date: 12/12/2023 Prepared by: Title: Manager - Distribution — Water Name: Pamela Libby 11/08/2023 9:32 AM Submitted by: Title: Plant Manager —Water Name: Howard Brogdon 11/08/2023 9:32 AM Approved By: Review: Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Community & Human Services Lisa Oien Additional Reviewer Public Utilities Operations Support Katrina Lin Additional Reviewer Public Utilities Operations Support Joseph Bellone Additional Reviewer Public Utilities Department Mary Linhard Level 1 Department Review Water Howard Brogdon Additional Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Scott Teach Additional Reviewer Procurement Services Sandra Herrera Procurement Director 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 Corporate Compliance and Continuous Improvement Megan Gaillard Office of Management and Budget Laura Zautcke Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 11/09/2023 11:18 AM Completed 11/09/2023 12:33 PM Completed 11/13/2023 10:12 AM Completed 11/13/2023 10:38 AM Completed 11/13/2023 10:44 AM Completed 11/14/2023 12:21 PM Completed 11/14/2023 12:29 PM Completed 11/15/2023 10:16 AM Completed 11/16/2023 8:13 AM Completed 11/16/2023 9:16 AM Completed 11/16/2023 9:20 AM Additional Reviewer Completed 11/16/2023 6:55 PM Completed 11/17/2023 11:10 AM Completed 11/27/2023 3:03 PM 12/12/2023 9:00 AM Packet Pg. 1784 16.C.2.a CAMT Count y Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR Generator Maintenance and Repair Services SOLICITATION NO.: 23-8091R LISA OIEN, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8935 Email: Lisa. Oienkgolliercountyfl.gov This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor maybe grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 1785 16.C.2.a SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) 23-8091R NUMBER: PROJECT TITLE: Generator Maintenance and Repair Services DUE DATE: Friday, September 8, 2023, at 3:00 PM EST PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System- httDs://www.bidsvnc.com/bidsvnc-cas/ INTRODUCTION As requested by the Public Utilities Division (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals 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, the County has spent approximately $885,000 per year for the maintenance and repair of generators and associated equipment; however, this may not be indicative of future buying patterns. BACKGROUND Multiple County Divisions use generators of various manufacturers, sizes, and horsepower in their daily operations. To ensure continued operation, address future growth and increase asset lifespan, the County utilizes outside vendors to maintain and repair generators. A list of the County's existing generators is provided in Attachment A, for reference purposes. This list is not intended to be all-inclusive, and the County may add or remove generators at any time. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with one (1) two (2) year renewal option. The County reserves the right to award to one or more proposers. 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. DETAILED SCOPE OF WORK TECHNICAL QUALIFICATIONS 1.1 Maintenance and repair of the power unit and generators shall be performed by fully trained generator technicians. These technicians shall have at least five (5) years of experience in maintenance, service and repair of generators and related equipment at other facilities that need to be continuously operational similar to that of Collier County's (i.e., hospitals, water pumping stations, lift station, plants etc.). The Contractor shall state what manufacturer's equipment the Contractor is authorized to service and repair. m c c� c m c L 0 m c m c 0 c� 2 0 w 0 0 Cl) N c d t U R a Packet Pg. 1786 16.C.2.a 1.2 Contractor shall submit any relevant license and a list of the proposed technicians with their resumes or qualifications. In the event of new personnel being hired during the contract, the Contractor will be required to submit the resumes and references of the new employee for Division Designee approval before performing any work under the scope of the resultant agreement. 1.3 Contractor shall be required to supply all necessary tools, equipment, labor, and parts to complete the maintenance and repair as needed. A repair equipment list will be attached to the Contractor's response. The list shall include the date for which the repair equipment was last calibrated. 1.4 The County shall be considered a "prime contract" and all necessary resources shall be directed to this contract enabling the County to continue to function during any urgent need or natural disaster. The County will require submittal of a complete emergency response plan after award and on an annual basis by April IIt of each year and provide any updates to the plan if changes are made effecting service to County throughout the year. PREVENTIVE MAINTENANCE PROGRAM: 2.1 Power Units/Generators and Associated Equipment: Visual maintenance inspections shall be performed quarterly, biannually, or annually (frequency determined by the requesting Division Designee) with a complete, full load transfer switch test (duration to be determined by requesting Division Designee), and preventive maintenance service included with one (1) inspection annually. The awarded Contractor will provide a list of all sites to be inspected with proposed schedule of service. The schedule must be approved by each Division Designee. Services will be scheduled with the applicable Division Designee. A forty-eight (48) hour pre -notification is required before any scheduled work is to be perform unless the Division Designee approves a different amount of time for response. Hourly rates outside of normal business hours may be charged at time and one half All routine scheduled work will be done during the normal workday, 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County-observedholidays. Maintenance Inspections shall include a "Maintenance Inspection Checklist" which shall consist of, at a minimum, all items listed below, a sample of which shall be included in Contractor's response package. Contractors will also supply a copy of safety procedures, i.e. Lock Out / Tag Out, with response. Cooling 1. Check water hoses (leaks, condition, connections) 2. Check radiator/heat exchanger (blockage, damage, leaks) 3. Check drive belts (condition, adjust if needed) 4. Check fan (lube bearing, condition, cracks) 5. Check operation of coolant heaters (adjust) 6. Check coolant level/antifreeze protection 7. Check dry chemical additives concentration (where applicable) 8. Check water pump (leaks) 9. Comments/ Notes Fuel 1. Check for leaks (hose condition, connections) 2. Clean injectors 3. Check fuel transfer pump (leaks, operation) 4. Check governor (linkage, operation, adjustment) 5. Check day tank (operation, leaks) 6. Drain water separator (sediments) 7. Comments/ Notes Intake Exhaust 1. Visual check of piping (leaks, restrictions, conditions) 2. Check crankcase breather (clean if needed) 3. Check turbochargers (operation, leaks, clearances) 4. Inspect air cleaner (change at service) 5. Check rain cap condition 6. Comments/ Notes Packet Pg. 1787 16.C.2.a Lubrication 1. Check oil level (condition of hoses) 2. Check for leaks (tighten loose connections) 3. Check hydraulic governor (add oil if needed) 4. Take oil sample for evaluation (before oil change) 5. Comments/ Notes Electrical 1. Check batteries (fluid level, conditions, operation) 2. Battery voltage drop when starting 3. Check connections (clean, tighten if needed) 4. Check battery charger operation 5. Check starting ability (starter amperage draw) 6. Visual check of engine wiring (shorts, breaks) 7. Comments/ Notes 8. Test all safeties: a. over speed b. Low oil pressure C. Low water temperature d. Low fuel level i. Others General Condition 1. Engine room (ventilation, cleanliness) 2. Control positions (auto, off, breakers) 3. Check mounts 4. Check hour meter operation 5. Customer problems or questions 6. Check and date generator log 7. Service decal in place 8. Comments/ Notes Generator 1. Check generator voltage 2. Check frequency (no load) 3. Check wiring (controls, breaker, regulator) 4. Visual check of stator and rotor 5. Visual check of brushes/rectifiers, regulator 6. Comments/ Notes e. over crank f. high water temperature g. low water level h. emergency electronic overflow systems Transfer Switch 1. Check calibration of meters 2. Test transfer switch 3. Adjust timers to customer's needs 4. Run unit under customer load (contact department designee before testing) 5. Comments/Notes Maintenance Service Shall Include: 1. All items listed under Annual Preventive Maintenance Program 2. Engine fuel filters changed 3. Engine oil and fuel filter changed 4. Dry Chemical Additive filters changed (where applicable) 5. All air Filters (where applicable) 6. Fuel Polishing (where applicable & approval from the using department) 4 4 Packet Pg. 1788 16.C.2.a National Emission Standards Hazardous Air Pollutants (NESHAP) equipment bi-annual service, including catalyst washing. 2.2 Repairs: mU c c� When a recommended maintenance repair is identified, the Contractor may be required to provide an estimate/proposal to the Division Designee via email. The proposal will outline the maintenance activity's anticipated labor and material costs. The Division c Representative or designee will then respond to the Contractor providing approval and the Purchase Order number the work shall be M charged to. L 0 c� Contractor(s) shall furnish all necessary qualified labor, materials, equipment, tools, consumables, transportation, skills, and m ` incidentals required for the maintenance services, repairs, and miscellaneous services for the County's generator systems. If repairs cannot be completed within 24 hours from the County's initial request, then temporary generator options must be provided for approval by the Division Designee. The approved temporary generators and any associated auxiliary fuel tanks will be provided and maintained by the Contractor and billed according to the negotiated fee scheduled rates if Contractor owned. If the Contractor rents CD the generator and any associated fuel tank, billing will be at invoiced rates plus applicable mark up. m Contractor shall provide copies of receipts for materials costing $500 or more, subcontractor invoice, and/or equipment rental receipts with the invoice. Materials and rental equipment will be allowed with markup and the use of subcontractors will be allowed with markup in accordance with the resultant agreement. No markup shall be permitted on ancillary charges, taxes, and freight/shipping. Contractor must supply the Division Designee with phone numbers for urgent (unscheduled) and routine call -out service. In the case of urgent call -out, the awarded Contractor shall be on -site to provide service within two (2) hours of call -out and be available to respond twenty-four (24) hours a day, three hundred sixty-five (365) days a year. An Urgent Service Call fee is allowed when responding to an urgent request, in addition to the hourly rate. An urgent condition shall be considered to exist when any failed system hardware and/or software prevents, or threatens to prevent, the operation of the generator or associated switch gear from fulfilling its intended purpose. The awarded Contractor shall employ an adequate staff of qualified technicians to provide this urgent service taking into account vacation and other leaves. Non -urgent service shall be provided within three (3) working days of request. 3. FUEL POLISHING — AS NEEDED 3.1 Contractor shall determine and access the lowest points of the internal part of each proposed fuel tank that may accumulate water and heavy sludge. Samples shall be administered from that point and as many other points as possible to determine the type and quantity of contaminants residing within the tank. 3.2 Contractor shall remove "free water" and sludge material prior to filtering should sampling results indicate large quantities of contaminants within the tanks. 3.3 Contractor shall set up suction and discharge hoses to create a flow through proposed fuel tanks requiring cleaning services. Fuel shall be drawn from the low point, processed through filtration unit, and returned to the opposite end of the tank. During the suction process, the Contractor shall move the suction wand within the tank in order to reach as much of the tank as possible. The amount of fuel within each proposed tank shall be turned over 3 to 5 times depending on the quantity and type of contaminants. The final filtration shall be with a 5-micron water block and a 1-micron filter at minimum of 3 turns. 3.4 Contractor shall submit a report for each location tested and/or tank cleaned. Each inspection/service shall include a report c with the following data included: a. Tank Information 2 b. Tank Items Inspected y c. Service Performed d. Fuel Grade w e. Visual Inspection 000 f. Additional notes A N r 4. SAFETY & SECURITY E 4.1 Contractor shall comply with all Occupational Safety and Health Administration (OSHA), Environmental Protection Agency c= (EPA), the National Institute of Occupational Safety Hazards (NIOSH), the American National Standards Institute (ANSI), the m National Fire Protection Association (NFPA), the Crane Manufacturers Association of America, Inc. (CMAA), National Electric Q Code (NEC), American Society of Mechanical Engineers (ASME), and other State and County rules and regulations while performing Packet Pg. 1789 16.C.2.a work under the resultant Contract. 4.2 Appropriate barricades and signs shall be provided and utilized by the awarded Contractor when work is performed in areas traversed by persons, or when deemed necessary by the County. (D c 4.3 Contractor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury to c any persons within and around the work site. c 4.4 Contractor shall be responsible for any damage to County or personal property due to negligence on the part of the Contractor L or their employees. Restorations shall be made to the County's satisfaction. o M L 4.5 Hazardous conditions shall be immediately reported to the County. c m C7 4.6 Contractor(s) are 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. The 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 c under this Agreement. This may include, but not be limited to, checking federal, state, and local law enforcement records, including M a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. The N Contractor(s) shall be required to maintain records on each employee and make them available to the County. o All the 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(s) during the time in which their background check is valid. All technicians shall have on their shirts the name of the Contractor's business. Contractor(s) shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@colliercountyfl.gov) 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. Collier County Sheriff's Office requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor(s) is responsible for all costs. REQUEST FOR PROPOSAL (RFP) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Evaluation Criteria for Development of Shortlist, which will be the basis for short -listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then score and rank the firms and enter into negotiations with the top ranked firm to establish cost for the services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after scoring and before the final ranking. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. CD 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, 00 staffing and organizational structure. N 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct o discussions with the Selection Committee to clarify questions and concerns before providing a final rank. o 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions 2 on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. y 1.6 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top -ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be � successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations M shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in N the best interest of the COUNTY. c m E t R a Packet Pg. 1790 1.7 For the development of a shortlist, this evaluation criterion will be utilized by the Division's Selection Committee to score each proposal. Contractor(s)s are encouraged to keep their submittals concise and to include a minimum of marketing materials. m Proposals must address the following criteria: c Evaluation Criteria Maximum Points =_ 1) Firm's Ability and Resources M 25 Points L 2) Certified Woman and/or Minority Business Enterprise 5 points 0 3) Past Experience and References 10 Points 4) Firm's Responsiveness 15 Points 5) Cost Proposal 20 Points 6) Emergency Response Plan 15 Points 7) Local Vendor Preference 10 points T TOTAL POSSIBLE POINTS Cn 100 Points 000 Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. Each criterion and methodology for scoring is further described below. ***Proposals must be assembled, at minimum, in the order of the Evaluation Criteria listed or your proposal may be deemed non -responsive*** EVALUATION CRITERIA NO. 1: FIRM'S ABILITY AND RESOURCES (25 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing L 3 the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning Ca proposal. Submission of a signed proposal is Vendor's certification that the Vendor will accept any awards as a result of this $ RFP. c In addition to the cover letter, provide a summary of your firm's ability and resources including: • The number of years the firm has provided generator maintenance and repair services for generator fleets of comparable c size. E • Any awards or commendations relating to the quality and responsiveness of its maintenance services the firm has received 0 in the past 5 years. • Provide any relevant license(s). o • The number of certified generator technicians in Southwest Florida the firm has available to work on this assignment. w v Provide resumes or qualifications for all technicians. Of these certified technicians, state how many have 5 or more years of experience in generator -related functions. • Identify the total number of preventative maintenance plans your firm has developed and implemented for fleets of c� generators in the past 5 years. Provide a copy of minimum of one of those plans, including an example of a Maintenance o Inspection Checklist. y • Provide a list of manufacturers whose generators your firm is specifically authorized to maintain. • Provide a repair equipment list that will be used to perform the services requested in this solicitation, including the date for 0 M which the repair equipment was last calibrated. N r c m EVALUATION CRITERIA NO. 2: CERTIFIED WOMAN AND/OR MINORITY BUSINESS ENTERPRISE (5 Total E z Points Available) c� r Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Woman Q and/or Minority Business Enterprise. 7 Packet Pg. 1791 16.C.2.a EVALUATION CRITERIA NO. 3: PAST EXPERIENCE AND REFERENCES (10 Total Points Available) This criterion measures the team's past experience with providing services similar in size and type. Provide a summary of your c related generator maintenance and repair experience that is essentially the same in extent (fleet size), scope (nature of the work) W and content (generators or related equipment) to the services requested in this solicitation. c The County requests that the vendor submits no fewer than three (3) and no more than five (5) completed reference forms from 2 clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects o completed by the vendor that best represent projects of similar size, scope and complexity of this project using form 5 — Reference Questionnaire as provided within the attached required forms. Vendors may include two (2) additional pages for each reference c to illustrate aspects of the contracts that provides the information to assess the experience of the Proposer on relevant generator 47 work. EVALUATION CRITERIA NO.4: FIRM'S RESPONSIVENESS (15 Total Points Available) • Provide location of firm's office that will handle regular contract work and other branches of company that may provide additional assistance if required. Explain how your company will meet the response times as required under this solicitation. • Describe how your firm typically prioritizes work when multiple requests for your services arrive simultaneously. • Describe how your firm typically manages project workloads when demand exceeds current capacity to execute EVALUATION CRITERIA NO. 5: COST PROPOSAL (20 Total Points Available) Please provide a list of all proposed rates and markup percentages to perform the services requested in this solicitation. For Temporary power needs: Provide a list of owned generators and owned auxiliary fuel tanks along with any proposed rates for usage. Please complete the table below using proposed rates and markup percentages and submit with your cost proposal. Quantities listed and totals are for evaluation purposes only. Item Description Quantity Unit Unit Price Total Number 1 Generator Technician 40 Hours $ $ Normal Working Hours 2 Helper 40 Hours $ $ Normal Working Hours 3 Fuel Polishing, up to 500 Gallons 100 Gallon $ $ 4 Fuel Polishing, over 500 Gallons 100 Gallon $ $ 5 Urgent Request Fee 1 Each $ $ (Not to Exceed $250) 6 Mark up on Parts/Materials $1,000 N/A % (Not to Exceed 10%) 7 Mark up on Subcontractors $1,000 N/A % (Not to Exceed 15%) 8 Mark up on rentals $1,000 N/A % (Not to Exceed 10%) Total Amount $ Packet Pg. 1792 16.C.2.a Initial pricing is for evaluation purposes and is subject to change during negotiations with the selected vendor(s). EVALUATION CRITERIA NO. 6: EMERGENCY RESPONSE PLAN (15 Total Points Available) The County shall be considered a "prime contract" and all necessary resources shall be directed to this contract enabling the County to continue to function during any urgent need or natural disaster. Please provide your proposed emergency response plan or an overview of the proposed plan. A complete emergency response plan should at a minimum address the following areas. • Staging of Staff — would include location and number of staff; availability of staff from out of the area if the firm is larger or has interlocal agreements with our generator vendors. • Parts and Equipment Availability — would include local, State, and National resources at their disposal. • Staff training — would include during a storm event for example management team is cross trained to make repairs and can be dispatched, if all technicians are already engaged when another call comes in. • Alternative Services offered during a storm — Example would be the requests by Facilities Management to have generator vendor provide staff to be stationed at critical sites while the storm is going on such as the Emergency Operations Center and special needs Shelter. EVALUATION CRITERIA NO. 7: LOCAL VENDOR PREFERENCE (10 Total Points Available) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. VENDOR CHECKLIST RP ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** m c c� c m c 0 m c m Packet Pg. 1793 16.C.2. b COTIier County Procurement Services Division RPS #: 23-8091R Title: Generator Maintenance and Repair Services Selection Committee Final Ranking Name of Firm Pam Libby Jason Landberg Diana Dueri Corey Ford James Williams Total Scores Genserve, LLC 62 60 60 70 49 301.00 Procurement Professional: Lisa Oien Date: I September 27, 2023 Packet Pg. 1794 DocuSign Envelope ID: EE2F30D2-6482-40A9-9794-D8BEC070B259 16.C.2.c C0*e,r Count y Procurement Services Division Notice of Recommended Award Solicitation: 23-8091R Title: Generator Maintenance and Repair Services Due Date and Time: September 8, 2023, at 3:00 PM EST Respondents: Company Name City County State Final Ranking Responsive/Responsible Genserve, LLC Plainview Coral Springs Nassau Broward NY FL 1 Yes/Yes Cummins, Inc. DBA Cummins Sales and Service Ft. Myers Lee FL N/A No/yes Utilized Local Vendor Preference: Yes 0 No - Recommended Vendor(s) For Award: On August 18, 2023, the Procurement Services Division issued Request for Proposals (RPP) No. 23-8091R, Generator Maintenance and Repair Services, to four thousand one hundred twenty-nine (4,129) vendors. Twenty-eight (28) vendors viewed the solicitation information, and two (2) proposals were received by the September 8, 2023, deadline. This RFP is a re -solicitation as was previously advertised on April 26, 2023, as RFP 23-8091. RFP 23-8091 was advertised for a total of sixty-five (65) days. Staff performed additional outreach and received one non -responsive proposal at that time. Staff reviewed the proposals received for RPS 23-8091R and found Genserve, LLC to be responsive and responsible. Cummins, Inc. DBA Cummins Sales and Service was deemed non -responsive for failing to respond to the minimum required evaluation criteria. The Selection Committee Convened on September 27, 2023, and after review of the proposal and deliberation, the Committee scored the proposal and ranked the firm as shown above. Staff is recommending award to the top -ranked vendor, Genserve, LLC. Contract Driven = Purchase Order Driven 0 Required Signatures DocuSigned by: Project Manager: I PmdA, NW4 9/28/2023 Procurement Strategist: I 0-r� Lx� 9/28/2023 Procurement Services Director: DocuSigned by: 9/28/2023 Date Packet Pg. 1795 AI CERTIFICATE OF LIABILITY INSURANCE 16.C.2.f DATE( 10/31/2023 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. `p IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed L If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). d PRODUCER CONTACT Willis Towers Watson Certificate Center Willis Towers Watson Northeast, Inc. NAME: X PHONE 1-877-995-7378 FAX 1-888-467-2378 c/o 26 Century Blvd AIC No Ext : A No P.O. Box 305191 E-MAIL ADDRESS: certificates@willis.com Nashville, TN 372305191 INSURERS) AFFORDING COVERAGE G NAIC # 00 INSURERA: Starr Indemnity & Liability Company 38318 INSURED INSURERB: Navigators Insurance Company 42307 GenServe, LLC dba L J Power GenServe Acquisition Co. INSURER C: 12707 Nutty Brown Rd INSURER D: Building F INSURER E Austin, TX 787379249 : INSURER F : COVERAGES CERTIFICATE NUMBER: W30894160 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ 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 TERM£ 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/DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000, CLAIMS -MADE �X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300, MED EXP (Any one person) $ 10, A Y Y 1000090178231 04/01/2023 04/01/2024 PERSONAL& ADV INJURY $ 1,000, GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000, POLICY PRO- ❑ LOC JECT X PRODUCTS - COMP/OPAGG $ 2,000, $ OTHER: AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT Ea accident $ 1,000, X BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y 1000635863231 04/01/2023 04/01/2024 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000, AGGREGATE $ 10,000, EXCESS LIAB CLAIMS -MADE Y Y 1000095249231 04/01/2023 04/01/2024 DED X RETENTION $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? No (Mandatory in NH) N/A Y 1000002106 04/01/2023 04/01/2024 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000, E.L. DISEASE - EA EMPLOYEE $ 1,000, If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000, $ B Environmental Pollution Liab. NY23ECP304855IV 04/01/2023 04/01/2025 Per Incident $5,000,000 Aggregate $10,000,000 Deductible $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: For any and all work performed on behalf of Collier County Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier Count, Government, OR Collier County are included as Additional Insureds with respects to General Liability, Auto Liability and Umbrella/Excess Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners AUTHORIZED REPRESENTATIVE 3295 Tamiami Trail E. \ Naples, FL 34112 (�^ tY d N C d 0 I N iJ C L to C O CM lV C d E t V R r Q ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1796 sx ID: 24894860 saTcx: 3190736 AGENCY CUSTOMER ID: LOC #: 16.C.2.f ,aco ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Willis Towers Watson Northeast, Inc. GenServe, LLC dba L J Power GenServe Acquisition Co. POLICY NUMBER 12707 Nutty Brown Rd See Page 1 Building F Austin, TX 787379249 CARRIER See Page 1 ADDITIONAL REMARKS NAIC CODE See Page 1 EFFECTIVE DATE: See Page 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Page 2 of Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability, Auto Liability, Workers Compensation/Employers Liability, and Umbrella/Excess Liability as permitted by law, when required by writte contract executed prior to a loss. General Liability, Auto Liability, and Umbrella/Excess Liability policies shall be Primary and Non -Contributory with any other insurance in force for or which may be purchased by Additional Insureds, when required by written contract The Umbrella/Excess Liability policy follow form and is excess over the General Liability, Auto Liability, and Worke Compensation Employers Liability coverage. L fG L d C d 14 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1797 SR ID:24894860 BATCH:3190736 CERT: W30894160 16.C.2.f POLICY NUMBER: 1000090178231 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. o r L ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. Class 1 CG20100413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Packet Pg. 1798 whichever is less. This endorsement shall not increase the 16.C.2.f applicable Limits of Insurance shown in the Declarations. L L d Page 2 of 2 © Insurance Services Office, Inc., 2012 CG20100413 Packet Pg. 1799 16.C.2.f POLICY NUMBER: 1000090178231 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 0 r ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. Class 1 CG 20 26 04 13 Page 1 of 1 Packet Pg. 1800 16.C.2.f POLICY NUMBER: 1000090178231 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. o r L ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS =. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. Class 1 CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Packet Pg. 1801 16.C.2.f Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 0 L tai Primary and Non-contributory, Additional Insured and li Waiver of Subrogation Policy Number: 1000090178231 Effective Date: April 1, 2023 at 12:01 A.M. Named Insured: GenNx GenServe Holdings, LLC This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE Where Required By Written Contract A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of "your work" for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. Class 1 OG 023 (06/11) Page 1 of 2 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. Packet Pg. 1802 *1 Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 All other terms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY & LIABILITY COMPANY -&�" U�' - Steve Blakey, President Nehemiah E. Ginsburg, Genera -Counsel 16.C.2.f `o L OG 023 (06/11) Page 2 of 2 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. Packet Pg. 1803 16.C.2.f POLICY NUMBER: 1000635863231 COMMERCIAL AUTO CA04441013 L THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. a� WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: GenNx GenServe Holdings. LLC Endorsement Effective Date: 4/1/2023 SCHEDULE Name(s) Of Person(s) Or Organization(s): Where Required By Written Contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page Packet Pg. 1804 GenServe, LLC 16.C.2.f Policy #1 000635863 Effective Date: 04/01/2023 COMMERCIAL AUTO CA 04 49 11 16 L THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. a� PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. Condition in the Business Auto Coverage Form and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Packet Pg. 1805 16.C.2.f L Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number: 1000635863231 Effective Date: 4/1/2023 at 12:01 AM Named Insured: GenServe, LLC ADDITIONAL INSURED - Where Required Under Contract or Agreement (Additional Insured Schedule) This policy is amended as follows: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: Blanket As Required by a written contract SECTION II — LIABILITY COVERAGE A. Coverage, 1. Who is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. Signed for STARR INDEMNITY & LIABILITY COMPANY - r�-,/f� �( , '1*1 Charles H. Dangelo, resident Nehemiah E. Ginsburg, General, ounsel SICA 1024 (04/12) Page 1 of 1 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. Packet Pg. 1806 *Starr Indemnity & Liability Company NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. Other Insurance - Primary and Noncontributory for Additional Insured Amendatory Endorsement Policy Number: 1000095249231 Effective Date: April 1, 2023 at 12:01 A.M. Named Insured: GenServe, LLC This endorsement modifies insurance provided under the following: EXCESS LIABILITY POLICY It is hereby agreed that SECTION IV. CONDITIONS, I. Other Insurance is deleted in its entirety and replaced by the following: I. Other Insurance If other insurance applies to "Ultimate Net Loss" that is also covered by this Policy, this Policy will apply excess of, and will not contribute to, the other insurance. Nothing herein will be construed to make this Policy subject to the terms, conditions and limitations of such other insurance. However, other insurance does not include: 1. "Underlying Insurance"; 2. Insurance that is specifically written as excess over this Policy; or 3. Insurance held by a person(s) or organization(s) qualifying as an additional insured in "Underlying Insurance," but only when the written contract or agreement that mandates such additional insured status: a. Requires a specific limit of insurance that is in excess of the Underlying Limits of Insurance; b. Requires that your insurance be primary and not contribute with that of the additional insured; and c. Is executed prior to the loss. In such case as described in subparagraph 3. above, we shall not seek contribution from the additional insured's primary or excess insurance for which they are a named insured for amounts payable under this insurance. CLASS XS-373 NYFTZ (0219) Copyright © Starr Indemnity & Liability Company. Page 1 of 2 All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 16.C.2.f L r 4 Packet Pg. 1807 16.C.2.f Indemnity & Liability Company L L d The Limits of Insurance afforded the additional insured pursuant to subparagraph 3. above shall be the lesser of the following: a. The minimum limits of insurance required in the contract or agreement; or b. The Limits of Insurance shown in the Declarations of this Policy. Other insurance includes any type of self-insurance or other mechanism by which an Insured arranges for the funding of legal liabilities. All other terms and conditions of this Policy remain unchanged. Class XS-373 NYFTZ (0219) Copyright © Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2 Packet Pg. 1808 16.C.2.f Policy Number: 1000095249231 Named Insured: GenServe, LLC Effective Date: April 1, 2023 at 12:01 A.M. EXCESS LIABILITY POLICY FORM 0 Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. Throughout this Policy, the words you and your refer to the Named Insured as shown in ITEM 1. of the Declarations. The words we, us and our refer to the Company shown in the Declaration providing this insurance. The word Insured means the Named Insured and any person or organization qualifying as an Insured in the First Underlying Insurance Policy(ies), but only to the extent to which such person(s) or organization(s) qualify as an Insured in the First Underlying Insurance Policy(ies) at the inception date of this Policy. Newly acquired or formed organizations must comply with SECTION IV. CONDITIONS, D. Changes in order to qualify for coverage. Words and phrases that appear in quotation marks have special meaning. Refer to SECTION III. DEFINITIONS, or to the specific section, of this Policy where such words appear. SECTION I. COVERAGE A. We will pay on behalf of the Insured, the "Ultimate Net Loss" in excess of the "Underlying Insurance" as shown in ITEM 5. of the Declarations, that the Insured becomes legally obligated to pay for loss or damage to which this insurance applies and that takes place in the Coverage Territory. Except for the terms, definitions, conditions and exclusions of this Policy, the coverage provided by this Policy shall follow the terms, definitions, conditions and exclusions of the applicable First Underlying Insurance Policy(ies) shown in ITEM 5.A. of the Declarations. B. Regardless of any other warranties, terms, conditions, exclusions or limitations of this Policy, if any applicable Underlying Insurance Policy(ies) does not cover "Ultimate Net Loss" for reasons other than exhaustion of its limit of liability by payment of claims or suits, then this Policy will not cover such "Ultimate Net Loss". C. The amount we will pay for the "Ultimate Net Loss" is limited as described in SECTION II. LIMITS OF INSURANCE. SECTION II. LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below describe the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or suits brought; or 3. Persons or organizations making claims or bringing suits. B. The Limits of Insurance of this Policy will apply as follows: This Policy applies only in excess of the "Underlying Insurance" scheduled in ITEM 5. of the Declarations. 2. If our Limits of Insurance stated in ITEM 4. of the Declarations are less than the total Limits of Insurance stated in ITEM 4. of the Declarations, then our Limits of Insurance shall be that proportion of E the "Ultimate Net Loss" to which our Limits of Insurance apply to the total Limits of Insurance stated in U ITEM 4. of the Declarations and apply only in excess of the total Limits of "Underlying Insurance" a scheduled in ITEM 5. of the Declarations. XS 100 (10/08) Page 3 of 10 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Packet Pg. 1809 Includes copyrighted material of ISO Properties, Inc., used with its permission. Policy #1000002106 04/01/2023 t 16.C.2.f WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 U15 'ill (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT `o L We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) r This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. c Schedule Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 04/01 /2023-04/01 /2024 Insured: GenServe, LLC Insurance Company:Starr Indemnity & Liability Co Policy No.:1000002106 Endorsement No.: Premium: Countersigned by: WC 00 03 13 (Ed. 04-84) Packet Pg. 1810 Co ler Count y Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR Generator Maintenance and Repair Services SOLICITATION NO.: 23-8091R LISA OIEN, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8935 Email: Lisa. Oienkcolliercountyfl.gov This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) 23-8091R NUMBER: PROJECT TITLE: Generator Maintenance and Repair Services DUE DATE: Friday, September 8, 2023, at 3:00 PM EST PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: httDs://www.bidsvnc.com/bidsvnc-cas/ I INTRODUCTION I As requested by the Public Utilities Division (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals 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, the County has spent approximately $885,000 per year for the maintenance and repair of generators and associated equipment; however, this may not be indicative of future buying patterns. BACKGROUND Multiple County Divisions use generators of various manufacturers, sizes, and horsepower in their daily operations. To ensure continued operation, address future growth and increase asset lifespan, the County utilizes outside vendors to maintain and repair generators. A list of the County's existing generators is provided in Attachment A, for reference purposes. This list is not intended to be all-inclusive, and the County may add or remove generators at any time. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with one (1) two (2) year renewal option. The County reserves the right to award to one or more proposers. 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. DETAILED SCOPE OF WORK TECHNICAL QUALIFICATIONS 1.1 Maintenance and repair of the power unit and generators shall be performed by fully trained generator technicians. These technicians shall have at least five (5) years of experience in maintenance, service and repair of generators and related equipment at other facilities that need to be continuously operational similar to that of Collier County's (i.e., hospitals, water pumping stations, lift station, plants etc.). The Contractor shall state what manufacturer's equipment the Contractor is authorized to service and repair. Co -per Coti►.nty 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. General Bid Instructions has been acknowledged and accepted. dCollier County Purchase Order Terms and Conditions have been acknowledged and accepted. [f] Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification �] 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. [�] Vendor MIDST be enrolled in the E Verify httns //www e-verify aov/ at the time of submission of the proposal/bid. Form 3 : Immigration Affidavit Certification MUST be signed and attached with your submittal. [ E Verify Memorandum of Understandin og r Company Profile page should be attached with your submittal. f Form 4• Certification for Claiming Status as a Local Business if applicable has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. [� Form 5 Reference Questionnaire form must be utilized for each requested reference and included with your submittal, if Qplicable to the solicitation. Form 6• Grant Provisions and Assurances package in its entirety, if applicable are executed and should be included with your submittal. Vendor W-9 Form. [J] 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. [� The Bid Schedule has been completed and attached with your submittal, applicable to bids. [.� Copies of all requested licenses and/or certifications to complete the requirements of the project. [. All addenda have been signed and attached. [� County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. [� Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. Co ter C0714 ty 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 day of , 20_ in the County of . in the State of 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: 11 - 304 ) a(oo 9�4 - 440- 317(p -tat tlarniO!aens2ry2inC, corn. IYtck - ALja t_c} S2X\j_kC0- S:" C �cCC)LXV-* Ma&taeJL4- Additional Contact Information Send payments to: PJA Seg-V 2 , LL c, (required if different from Company name used as payee above) S'Jeo'n n �J2r Contact name: Title: aj o i Gt Y1 G _ Address: Qo N-k W- 'Oyt. City, State, ZIP �'GU►��t�� N '1 $ 3 Telephone: 9 S L4- L4 g D J 1-7 YJ Email: S PJa� 102Jr' q �I(1�S 2X �1 Q,1`(1 C-• G¢7 Y1r1 Office servicing Collier County to place orders (required if different from above) Contact name: J OY Q l Title: �j`(GVI(1C.i/L• �C.iJY1li`c1f�Y� Address: j i / SC) g9' J� City, State, ZIP Telephone: 7 5 $ (p `Z 5 b Email: JBe.1t f)C. • C-OYY\- v Co iew C01.14ty 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 direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. State of County of 6►bl.t0 Th oregoing instrument was acknowledged bef of , (month), (year), by Personally Known OR Produced Identification Type of Identification Produced Company Name Signature Trisha_ Aw ott u Swi►w Sales Acwxm-,t- Mp,vi Qqk.r Print Name and Title by means oCQ pbysical,presence or ❑ online notarization, this �i day 1�� 4 311'1 ; _ . name of person acknowledging). — (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) pt-rYP 5UEANN BARBER .1 1 Notary Public - State of Florida � r Commission # GG 974540 My Comm. Expires Jul 2�, 202, Banded through Natfona! No Assr. Clo iter C;a-Rnty 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 tt 5.24lvw.e-verifi•�, 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 proposallbid or within five (S) day of the County's Notice of Recommend 14ward FAILi1RE TO E7iEC13TE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROP03AL1BrD 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 I324 a(e) Section 274A(e) of the Immigration and Nationality Act C MA"). 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 I9$d Immigration Act and subsequent Amendmeut(s), that it is aware of and in compliance with the requirements set forth in Florida198 Statutes anon§448.Art and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. State of�� County of and _ The f egoin instrument was acknowledged before me by of (month), -ZLZ2,—(year), by vex LLC, Company Name Signature M." &,�k y Print Name and Title presence or ❑ online notarization, this -? day - (name of person acknowledging). (Signature of Notary Public) Personally Known OR Produced Identification (Print, Type, or Stamp Commissioned Name of Notary Public) Type of Identification Produced t�ir"a • ti Notary SUEANN 8pR6ER iY+bltc - State of Florida op mod 'My ommfsslon GG 97464Q Sanded lhrou m. fxplras !'I 2a2G2a 8h Na 1111 Notary Ass, Form J - Reference Survey} Lee County Procurement Management Reference Survey Reference surveys submitted can be a maximum of twelve (12) months old. If using a previous reference, Proposers must clearly identify the project name and number the reference is being submitted for. Project Name & Number: ReferenceRespondeat nfonnatt+n SeCtlOn 1 ,. _..,. J .��:.� Please return completed form t0: p FROM: Rigo Clracon Bidder/Proposer: COMPANY: City of Cape Coral Due Date: PHONE #: 239-603-2653 Total # Pages: 1 FAX #: Phone #: Fax #: EMAIL: rchaconrlcapecoral.net Bidder/Proposer E-Mail: . Section 2 Enter Bidder/Proposerinformatido j as applicable StmilarPerfonned Project (BrddedProposer o enter details oN projeet performed &r above ief¢reaee rospoodeN) ° Bidder/ProposerName: GenServe(LJPower Reference Project Name: Project Address: - - Project Cost: - - Nicholas Annex Backup Generator 815 Nicholas Pkwy E, Cape Coral, FL 33990 $150,898.00 Summarize Scope; Supply and Installation of 400KW Emergency Generator at City Hall Annex You as an individual or your company has been given as a reference on the project identified above. vour responses in section 3 below, Please Section 3 Indicate: "Yes" or "No" 1. Did this company have the proper resources and personnel by which to get the job done? N ,S 2. Were any problems encountered with the company's work performance? 0,0 3. Were any change orders or contract amendments issued, other than owner initiated? 00 4. Was the job completed on time? 5. Was the job completed within budget? es 6. On a scale of one to ten, ten being best, how would you rate the overall work performance, considering professionalism; final product; personnel; resources. Rate from 1 to 10. 10 bein hi hest 7. If the opportunity were to present itself, would you rehire this company? 8. Please provide any additional comments pertingnt to this company nd the work performed �l� for ou: �(1-kf �,,Ae) "er& f VAA:J--t��Lt;c tz ,�111J a,J .. CmA�� -b �er�,v, � - r t-� V" cti©n %t lease submit non -Lee County employees as references Reference Name (PrintName) Reference Signature B230095LND - Lift Station Generator Replacement - Materials Package - FEMA Form 3 - Reference Survey Lee County Procurement Management Reference Survey Reference surveys submitted can be a maximum of twelve (12) months old If using a previous reference, Proposers must clearly identify the project name and number the reference is being submitted for. Project Name & Number: B230095LND -Lift Station Generator Replacement - FEMA aection I lteferenceRespondent Information Please return completed form to: FROM: Steve Blachanice Bidder/Proposer, COMPANY: city of Rockledge Due Date: PHONE #: (321) 221a540 Total # Pages: 1 FAX #: Phone #: Fax #: EMAIL: Bidder/Proposer E-Mail: c;,,,;1., Perfnmted Project [Bidderlpr000ser to enter details of a project performed for above referee 1C1d0r�rOp050rNan1E: GenServcILJPowor £create project Nacre: Project Address: Project Cost: City of Rockledge Lift Station #8 Backup Generator Lift Station #8, Rockle�-FL $47,665.00 umuarize Scope' Supply and Installation of 100KW Emergency Generator at Lift Station a ou as an individual or your company has been given as a reference on the project identified above. Please rovide your respalases in section Indicate: "Yes" or cation 3 1. Did this company have the proper resources and personnel by which to get the job done? C S 2. Were any problems encountered with the company's work performance? 0 3. Were any change orders or contract amendments issued, other than owner initiated? p 4. Was the job completed on time? 1_ 5. Was the job completed within budget? Q� 6. On a scale of one to ten, ten being best, how would you rate the overall work performance, considering professionalism; final product; personnel; resources. Rate from 1 to 10_ 10 being hi hest 7. If the opportunity were to present itself, would you rehire this company? 8. Please provide any additional comments pertinent to this company and the work performed for you: section 4 lease submit non -Lee County employees as references B230095LND - Lift Station Generator Replacement - Materials Package - FEMA Form 3 - Reference Survey Lee County Procurement Management Reference Survey Reference surveys submitted can be a maximum of twelve (12) months old If using a previous reference, Proposers must clearly identify the project name and number the reference is being submitted for. Project Name & Number: B230095LND —Lift Station Generator Replacement — FEMA Section 1 Reference Respondent Information Please return completed form to: FROM: Tewfik Abdelkerim Bidder/Proposer: COMPANY: Brevard County Public Works -Facilities Due Date: PHONE #: 321-419-3091 Total # Pages: 1 FAX #: 321-633-2051 Phone #: Fax #: EMAIL: Tewfik.Abdelkerimt@brevardtl.gov Bidder/Proposer E-Mail: Section 2 Enter Bidder/Proposer Information , as applicable Similar Performed Project (Bidder/Proposer to enter details of a project performed for above reference respondent) 1 Bidder/Proposer Name.: GenServe/IJ Power Reference Project Name; Project Address: Project Cost: Brevard County Lift Station Backup Generators multiple $620,640.00 Summarize Scope: Supply and Installation of 60-20OKW Emergency Generators at (5) lift stations - N-10, T-27, 1-03, T-09, X701 You as an individual or your company has been given as a reference on the project identified above. Please prolide your responses in section 3 below, Section 3 Indicate: "Yes" or "No" 1. Did this company have the proper resources and personnel by which to getthe job done? Yes 2. Were any problems encountered with the company's work performance? No 3. Were any change orders or contract amendments issued, other than owner initiated? No 4. Was the job completed on time? Yes 5. Was the job completed within budget? Yes 6. On a scale of one to ten, ten being best, how would you rate the overall work performance, considering professionalism; final product; personnel; resources. 9.5 Rate from 1 to 10. 10 bei hi hest 7. If the opportunity were to present itself, would you rehire this company? Yes 8. Please provide any additional comments pertinent to this company and the work performed for you: This company is diligent, responsive, has open communications philosophy, and the project managers are task oriented. Performed the work in a neat, clean, and customer focused manner. Section 4 lease submit non -Lee County employees as references Tewfik E Abdelkerim Reference Nan a (Print Name) Reference Signature 13230095LND - Lift Station Generator Replacement - Materials Package - FEMA W-9 Request for Taxpayer Give Form to the For. (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Inlemal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Genserve, LLC 2 Business name/disregarded entity name, if different from above mP 3 Check appropriate box for federal lax classification of the person whose name is entered on line 1. Check only one of the Y 4 Exemptions (codes apply only to P PP Y Y c following seven boxes. certain entities, not individuals: see a instructions on page 3): p ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate y w a O single -member LLC Exempt payeecode(if any) --- ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation. P=Partnership) ► C O : Note: Check the appropriate box in the line above for the lax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) C another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. H Other (see instructions) ► (AppNos faaccoa fS I oMilsdoWSld• tho U.Sf I 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) N100 Newtown Road 6 City, state, and ZIP code Plainview, NY 11803 7 List account number(s) here (optional) NAIN 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 (SSN). However, for a — — resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other F� F1 I entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a T1N, 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. (� T1� 111 — 1 3 1 0 1 4 1 1 I 0 1 6 1 0 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 FATCAcode(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 youhavebeen notified bythe IRSthatyou 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 _Lou are not equired to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign f Signature ofr� i January 10, 2023 Here 1 U.S. person ► Oate ► General Instru.; Llluns 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 ([TIN), 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 1099-6 (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 aresident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form Vif-9 (Rev. 10-2018) FIRM'S ABILITY AND RESOURCES NO. 1: With 30+ years in business, GenServe is a leader in the sale, maintenance and repair of industrial generators and backup power solutions. GenServe is a one -stop shop provider of comprehensive emergency power supply system solutions to protect companies against the high cost of power failure. GenServe is the largest independent provider of scheduled and emergency power generator maintenance, repair and sales in the North Atlantic region serving primarily commercial customers in various industries. With that, our technician can work on any generator manufacturer including, but not limited to Kohler, CAT, Cummins, Katolight, Detroit Diesel, Blue Star, AKSA, Generac, etc. Not exclusively partnering with one backup power brand means our technicians have experience servicing various types of generators. No matter what our team encounters, they can work on it. In an emergency, this can make all the difference in how quickly you get back up and running. It is important to the GenServe team to be able to put your commercial power needs ahead of anything else. That is why GenServe does not have an exclusive relationship with one generator manufacturer. Instead, we work with many national and specialized manufacturers of commercial generators and power equipment to build the custom solutions that fits your needs and budget. Maintaining good relationships with local suppliers as well as national vendors means that our lead times are faster and our suggestions are honest. Rather than pushing solutions that benefit us through an exclusive partnership, we source solutions with your facility or project at the forefront of the discussion. Working with GenServe means you receive unbiased recommendations and can count on equipment being available faster than anyone else can provide it. With 150 technicians' company wide, 20 will be immediately available for work on the units proposed under this bid. In the event of an emergency, additional resources and technicians can be pulled from our other locations to best service our customers need. Genserve has thousands of active contracts in place. Locally, Genserve maintains equipment for City of Palm Bay, City of Hollywood, City of Margate, City of Cape Coral, St Lucie County, Jackson Health, and more. Many locations having 50+ units with a wide range of brands and equipment from generators, transfer switches, switch gear, and anything in between. Companywide, we have a wide range of diagnostic and testing equipment which includes, but is not limited to, load banks, voltage meters, amperage meters, infrared, rental fleet, controller and ecm software for wide range of manufacture. Willing to relocate: South Florida Authorized to work in the US for any employer (Citizen) Work Experience Lead Technician FL /At&t Contractor Taylor Sudden Service - Hialeah July 2022 to Present I was offered a position at Taylor while working at Deutz. The initial entry was to build the generator department in the South Florida area for Taylor. In doing so AT&T followed me to Taylor Sudden Service. Aside from other large contracts that were set in motion while joining the Miami location, the generator department has been profitable since month 3 of inception and growing month over month. My duties still include responding to emergency calls in reference to the telecom infrastructure of the phone company, Support to Fema and Sunbelt during disaster relief. During the hurricane season I was the team leader for the southeast side of the US. That includes setting up supply runs, logistics and doing the work to get the most customers up and going. Diagnose and trouble shoot all generator related issues to include auxiliary pumps and switch gear. Generators range from 25kw up to 3mw sets. My scope ranges from initial e-call and troubleshooting, sourcing and hooking up portable, sourcing parts and scheduling repairs on the standby, repairing the standby and load banking or load testing, disconnecting the portable and leaving the standby in auto ready for service. Lead Technician / At&t Contractor Deutz Power Center - West Palm Beach March 2021 to Present Respond to emergency calls in reference to the telecom infrastructure of the phone company. Diagnose and trouble shoot all generator related issues to include auxiliary pumps and switch gear. Generators range from 25kw up to 3mw sets. My scope ranges from initial e-call and trouble shooting, sourcing and hooking up portable, sourcing parts and scheduling repairs on the standby, repairing the standby and load banking or load testing, disconnecting the portable and leaving the standby in auto ready for service. President/Owner SFL Generators - Marathon, FL March 2020 to February 2021 Repair, service, maintain customer generators. Provide excellent customer service. Due to covid the business tanked horribly later in the second half of 2020. This business was based in the Florida keys. Generator Technician Pioneer critical power - Doral, FL March 2018 to February 2020 Provide service to generators. Diagnose, trouble shoot and repair units. These units are the ones based on the highways of Florida and also the Verizon locations in the US and Canada. Headquarters is based in Minneapolis and when the siege occurred the company shut down for a extended period of time. 92A Automated Logistical Specialist United States Army Reserve - Miami, FL April 2016 to April 2018 Maintain and repair equipment. Account for sensitive items. Carry out tasks to be mission ready. Scope included Technical equipment, weapons and vehicles. Generator technician Dion generator solutions - Miami, FL May 2008 to February 2018 10 years experience off and on. In between military service I would help out my fathers business. Install, maintain, repair, rental hookup, and large event support, Airborne Infantry Us army - Fort Bragg SC July 2006 to April 2016 Complete mission objectives, traveled the globe and perform combat mission with my unit that were deemed mission critical. OIF and OND combat Veteran. Education Propane and natural gas School Ken monska- Tampa, FL Learn aspects of propane and natural gas. From sizing, Installation and service. Generator Technician School Genset services - Pompano Beach, FL Aircooled, Commercial And Industrial school Generator Technician School TAW - Tampa, FL Aircooled, Commercial And Industrial school Diesel Mechanics Program Robert Morgan - Miami, FL Learned formal trade work when it comes to diesel engines Eaton and Asco School Taylor Power Systems - Clinton, MS Formal high voltage school geared to larger transfer switches Volvo Vodia / Cummins School Taylor Power Systems - Clinton, MS Formal Volvo training and Cummins Training on larger T4 Units FTG / FPT Taylor Power Systems - Clinton, MS Formal course in the newer Iveco configured gensets Military Drivers license Sep 2013 - April 2018 Up armored hmmvy duece and a half 5 ton night vision driving blackout driving air brakes hazmat passenger tractor trailer forklift Can get cdl upon request. I have the military equivalent. The process is fairly easy for me as a veteran Skills • Gas, propane and natural gas Mechanic • Brakes • Maintenance • Plumbing • Switchgear functions • Diesel • Electrical single phase 240/120vac • Electrical three phase 208/120 vac • Electrical three phase 480/277vac • Automotive • Diesel Mechanic • Microsoft Word • Fabrication • Generator Repair • Equipment Repair • Facilities Maintenance • Welding • Automotive Repair • Military • Security • Diesel engine repair • Mechanical knowledge • Microsoft Office • Field service • Blueprint Reading • Vehicle Maintenance • Transmissions • Commercial Driving • Delivery Driver Experience • Oil Change • Service Technician Experience • Carpentry Li V L ■� 1 4 L 1r h Z 2 Q -Q t CD � Q � �C CL r - -� Sr• \\. 4.'.y� • 71, Qk J, i cc 111 111 v � Q lJ� � 111 • V U Es L. m o U � 0 U �. ► /1 0 PEN( 4 � Al L f+ V L CL L (1) I L 3 0 am a u L i 0 tA K- -v - - - - - •am� LO CD N s +j 4) U Uo ll t I IN 4 rl L W4 op LM 0 qq�l LM c C clll� 0 ■ -C a. � � N Q � Z) ) FIRM'S RESPONSIVENESS NOA Genserve can maintain a 2 Hour response time for emergency service calls. All non - emergency service calls will be scheduled within 24 hours. These response times are generally standard across the power generation market. We have multiple ways to communicate an emergency service call to us, via email, phone, text, etc. We will provide you with multiple numbers and email addresses, including an after-hours number that is monitored 24 hours a day by staff. We do not utilize an answering service for after hours. We believe that keeping our after-hours staff in-house allows us to maintain a more personal relationship with our customers, while dispatching the correct service measures required in an emergency more efficiently. EVALUATION CRITERIA NO. 3: PAST EXPERIENCE AND REFERENCES (10 Total Points Available) This criterion measures the team's past experience with providing services similar in size and type. Provide a summary of your related generator maintenance and repair experience that is essentially the same in extent (fleet size), scope (nature of the work) and content (generators or related equipment) to the services requested in this solicitation. The County requests that the vendor submits no fewer than three (3) and no more than five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using form 5 — Reference Questionnaire as provided within the attached required forms. Vendors may include two (2) additional pages for each reference to illustrate aspects of the contracts that provides the information to assess the experience of the Proposer on relevant generator work. EVALUATION CRITERIA NO. 4: FIRM'S RESPONSIVENESS (15 Total Points Available) • Provide location of firm's office that will handle regular contract work and other branches of company that may provide additional assistance if required. Explain how your company will meet the response times as required under this solicitation. • Describe how your firm typically prioritizes work when multiple requests for your services arrive simultaneously. • Describe how your firm typically manages project workloads when demand exceeds current capacity to execute. EVALUATION CRITERIA NO. 5: COST PROPOSAL (20 Total Points Available) Please provide a list of all proposed rates and markup percentages to perform the services requested in this solicitation. For Temporary power needs: Provide a list of owned generators and owned auxiliary fuel tanks along with any proposed rates for usage. Please complete the table below using proposed rates and markup percentages and submit with your cost proposal. Quantities listed and totals are for evaluation purposes only. Item Description Quantity Unit Unit Price Total Number 1 Generator Technician 40 Hours $145.00 $5,800.00 Normal Working Hours 2 Helper 40 Hours $72.50 $ 2,900.00 Normal Working Hours 3 Fuel Polishing, up to 500 Gallons 100 Gallon $2.00* $200.00 4 Fuel Polishing, over 500 Gallons 100 Gallon $0.96* $96.00 5 Urgent Request Fee 1 Each $250.00 $250.00 (Not to Exceed $250) 6 Mark up on Parts/Materials $1,000 N/A %10 $1,100.00 (Not to Exceed 10%) 7 Mark up on Subcontractors $1,000 N/A %15 $ 1,150.00 (Not to Exceed 15%) 8 Mark up on rentals $1,000 N/A %10 $1 100.00 (Not to Exceed 10%) Total Amount $12,596.00 * Price per gallon, does not include waste or travel EMERGENCY RESPONSE PLAN NO.6 Genserve is a company comprised of life-long generator specialist from our service technicians, managers, salesmen and on up to the president. Our sole focus is generators and accessories, so we completely understand the importance your generators being operational in the time of need and the critical nature to making sure that they get repaired and online immediately if there is a failure of any sort. Some of the major hurdles that come up are: Communication, transportation, and accessibility. Our plan to manage these difficulties is as follows: Communication — Our first line of communication will be our hard-line phone system at the local service center. Since that will be close to your locations, there is a good possibility of losing that line, which we can communicate via cellular phones. They too tend to not work in these situations, so we have a cloud based backup phone system. Another value to our plan is that we have our headquarters based out of Plainview New York, however, we also have a secondary office and service center based in Austin which can support this project as well. Transportation & accessibility — Our technicians will be on the road as soon as the winds are below 75 mph. Our trucks are heavy duty, so light debris should not stop us from being deployed to the jobsite. However, TFC can assist by having at least one of our lead technicians scheduled to be onsite prior to any arising storm, so that we can limit the exposure to such potential issues. As an added value, we are the Master Distributor for Aksa Generators for the State of Texas and have access to the entire stock product line of Diesel and Natural Gas Generators that ranges from 9 kW to 2000 kW. We also have access to a full rental product line of towable generator in which we can have onsite within 24 hrs. With our employees' diversified backgrounds with various generator companies throughout the country, we have a large resource of contacts with not only the local distributors of the various manufacturers stock, But countrywide access to stock parts. This is a vital key during disaster situations as there is a greater chance that the local parts stock will be depleted in these situations. Staging and Staffing — In the event a major storm is heading towards Florida, we will reach out to the 130 technicians that live out-of-state and bring in however many technicians may be necessary in order to meet our customer needs. Since our technicians live throughout the Northeast, Midwest and Texas, this is a great resource to be able to pull from since we can utilize people who will be outside of the storms path. Parts & Equipment — We have a wide range of connections from local and nation-wide vendors who can provide additional equipment and services such as rental generators and refueling services. Among those vendors, we also have ten other branches outside of Florida in which we can pull in resources such as trucks, manpower, and rental equipment. Staff Training — Most of our upper management and salesmen have a technician background. In an emergency event, if all technicians were busy and with no ability of getting immediate help from our other locations, then they would be able to go out in the field and assist customers where needed. GenServe SITE NAME GenServe Inc. GenServe Inc. 100 Newtown Road 341 Kaplan Drive - Unit 1 Plainview, NY 11803 Fairfield, NJ 07004 (631)435-0437 (973)614-0091 Fax: (631) 435-2273 Fax: (973) 614-0095 www.genserveinc.com www.genserveinc.com CUST. P.O.# ADDRESS CONTACT PHONE ENGINE/GENERATOR MAKE MODEL SPEC. # ENGINE/GENERATOR MAKE MODEL SPEC. # GenServe Inc. 115A Twinbridge Drive Pennsauken, NJ 081103 (856)324-0459 Fax: (856) 438-6616 www.genserveinc.com SERVICE JOB # ESN HRS. SN STANDBY POWER - COGENERATION SALES - SERVICE - LEASING 718-956-8700 631-435-0437 DATE WO# UNIT ID: PREVENTATIVE MAINTENANCE CHECK LIST LUERICATION AIR INTAKE I ENGINE PERFORMANCE Check: Check: Check: a -Leaks a -Air cleaner restrictions a. Governor operation b-Engine oil level b. Piping and connections b. Vibration c-Governor oil level" c. Air cleaner ele mend# c. Mounting hardware' d. Oil pressure d.Cfankcase breather Charge:' EXHAUST SYSTEM e. Water temperature f. DC alternator 1. Volts e.Oil filter # Check: f. Engine oil typelgty a. Leaks g Governo r o il" b. Condensation trap Test: Oil sample' # c. Wet stacking' GENERATOR PERFORMANCE d. Insulation Visual Check: CODLING SYSTEM e. Raincap a. Rotor Check: f. HangerslSupportwFlex sections b. Stator' a. Leaks G. ExcitorlPMG' b. Cociant level BATTERY SYSTEM d. Searin slGrease' c. Freeze point Check: e. DiodeslRectifer d. Radiator airflow a. Charger voltage f. Windings and electrical connections' e. Louver system 1. Float g. Voltage Regulator f. Block heater 2. Equalise h. Air flow g. Waterpump b- Electrolyte level L Circuit breaker h. Hoses c- Terminals Record: i. Belts d- Cabies j. Voltage j. Fan hub e. Specific gravity k. Hertz k. Pulleys 1- High I. Radiator PSI' 2- Low CONDITION-GENSET SYSTEM m. Radiator cap PSI f. Battery typelgty Check Clean: n. Antifreeze typelcapacity Clean: a. Unusuallunsafe Cf-9B-'' g- Terminalslprotector b. Housekeepinglwipe down uniC o. Waterfifter" # Test: Antifreeze sample* # ELECTRICAL SYSTEM BUILDING LOAD TEST' VisualCheck: Record: a. Amperagelleg b. Voltagelleg FUEL SYSTEM a- Wiring connections Fuel type: h- Instrumentation Check: c- C--hfing c. Herz a. Fuel leaks d- Alarms b.Lineslconnections e- Preatarms GENSET c. Daytank levetlgls f. Circuit breakers Check: a. Genset in auto'2 b. Breaker closed? Beginning Hrs: d.Oaytank operation g- Fuses e.Transfer pump h. Remote annunclatof f, Main Lark eveY apaaty Check saWy shutdowns: g.Ventsloverflow a. Overcrank Ending Hrs: h.lnjec5an pump b. High water temperature isolenoid vaNe c. Low oil pressure DIESEL EMISSION TEST NJ ONLY: Change:" d. Overs eed Air Quality: j.Fuel filter # CODES: k. Water saga ratof ' # 'As needed, specified, or during A service only. —If Equip Test: Fuel sample' # P-PASS. F-FAIL, C-CHANGED, NIA -NOT APPLICABL NOTES/COMMENTS R Co per County Procurement Services Division Date: August 30, 2023 Email: Lisa.Oien @colliercountyfl.gov Telephone: (239) 252-8935 Addendum #1 From: Lisa Oien, Procurement Strategist To: Interested Bidders Subject: Addendum #1 Solicitation #23-8091R — Generator Maintenance and Repair Services The following clarifications are issued as an addendum: Change 1: Replace List of Current Generators 23-8�r#a2nt A List -6rCthrr2arQ0iier-Ett6r-s 23-8090R Attachment A Revised- List of Current Generators 0 Some generator locations added. If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. ;zz,¢/L '44a4,r 9/8/2023 (Signature) Genserve, LLC (Name of Firm) Date • Department of State • Division of Corporations • Search Records • Search by Entity Name Previous On List Next On List Return to List gense— 1c Search Events No Name History Detail by Entity Name Foreign Limited Liability Company GENSERVE LLC Filing Information Document NumberM22000004844FE1/EIN Number11-3041060Date Filed03/31/2022StateNYStatusACTIVELast EventLC AMENDMENTEvent Date Filed08/15/2022Event Effective DateNONE Principal Address 100 NEWTOWN ROAD PLAINVIEW, NY 11803 Mailing Address 100 NEWTOWN ROAD PLAINVIEW, NY 11803 Registered Agent Name & AddressPARACORP INCORPORATED 155 OFFICE PLAZA DRIVE, 1ST FLOOR TALLAHASSEE, FL 32301 Authorized Person(s) DetailName & Address Title AMBR POTTS, JOHN 100 NEWTOWN ROAD PLAINVIEW, NY 11803 Title Assistant Controller Williamson, Joanna 100 NEWTOWN ROAD PLAINVIEW, NY 11803 Annual Reports Report Year Filed Date 2023 03/21 /2023 Document Images 03/21/2023 -- ANNUAL REPORT View image in PDF format 08/15/2022 -- LC Amendment View image in PDF format 03/31/2022 -- Foreign Limited View image in PDF format Previous On List Next On List Return to List genserve, iic Search Events No Name History _ *ED - erg ® E-VERIFY IS A SERVICE OF DHS AND SSA Company ID Number: 1215852 Client Company ID Number: 2171845 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A WEB SERVICES E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS), the GenServe LLC (Employer), and the Web Services E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services E-Verify Employer Agent will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent, the Social Security Administration (SSA), and DHS. References in this MOU to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. For purposes of this MOU, the E-Verify browser refers to the website that provides direct access to the E-Verify system: https://E-Verify.uscis.gov/emp/. You may access E-Verify directly free of charge via the E-Verify browser. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208,110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OFTHE EMPLOYER For purposes of this MOU, references to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 1. By enrolling in E-Verify and signing the applicable MOU, the Employer asserts that it is a legitimate company which intends to use E-Verify for legitimate purposes only and in accordance with the laws, regulations and DHS policies and procedures relating to the use of E-Verify. Page 1 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 � *ED - eri® E-VERIFY IS A SERVICE OF DHS AND SSA Company ID Number: 1215852 Client Company ID Number: 2171845 2. The Employer agrees to display the following notices supplied by DHS (though the Web Services E-Verify Employer Agent) in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: Notice of E-Verify Participation b. Notice of Right to Work 3. 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. 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. The Employer will obtain the E-Verify User Manual from the Web Services E-Verify Employer Agent, and will be notified by the Web Services E-Verify Employer Agent when a new version of the E-Verify User Manual becomes available. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 6. 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. 7. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of Page 2 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 8. 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. 9. 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. 10. The Employer must use E-Verify (through its Web Services E-Verify Employer Agent) for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 11. 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 111.13 below) to contact DHS with information necessary to resolve the challenge. 12. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated Page 3 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 13. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 14. The Employer agrees that it will use the information it receives from E-Verify (through its Web Services E-Verify Employer Agent) only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as Personal Identification Numbers and passwords), to ensure that it is not used for any other purpose and as necessary 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. 15. 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. 16. The Employer acknowledges that the information it receives from SSA through its Web Services Page 4 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 _ *ED - erg ® E-VERIFY IS A SERVICE OF DHS AND SSA Company ID Number: 1215852 Client Company ID Number: 2171845 E-Verify Employer Agent 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. 17. 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 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. 18. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 19. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 20. The Employer agrees that E-Verify trademarks and logos maybe used only under license by DHS/ USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 21. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF THE WEB SERVICES E-VERIFY EMPLOYER AGENT 1. The Web Services E-Verify Employer Agent agrees to complete its Web Services interface no later than six months after the date the Web Services User signs this MOU. E-Verify considers your interface to be complete once it has been built pursuant to the Interface Control Agreement (ICA), submitted to E-Verify for testing, and approved for system access. 2. The Web Services E-Verify Employer Agent agrees to perform sufficient maintenance on the Web Services interface in accordance with the requirements listed in the ICA. These requirements include, but are not limited to, updating the Web Services interface to ensure that any updates or enhancements are incorporated no later than six months after the issuance of an ICA. Web Services E-Verify Employer Agents should be aware that this will require the investment of time and resources. Compliance with the requirements of the ICA must be carried out to the satisfaction of DHS and or its assignees. 3. The Web Services E-Verify Employer Agent agrees to provide to SSA and/or DHS the names, titles, addresses, e-mail addresses, and telephone numbers of the Web Services E-Verify Employer Agent representative who will access information, as well as ensure cooperation, communication, and coordination with E-Verify. Page 5 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA In addition, Web Services E-Verify Employer Agents must provide to SSA and/or DHS the names, titles, addresses, and telephone numbers of its clients and their staff who will access information through E- Verify. Web Services E-Verify Employer Agents must ensure the contact information is updated with SSA and DHS whenever the points of contact change. 4. The Web Services E-Verify Employer Agent agrees to become familiar with and comply with the E-Verify User Manual and provide a copy of the most current version of the manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. The Web Services E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 5. The Web Services E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 6. The Web Services E-Verify Employer Agent agrees that any of its representatives who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. a. The Web Services E-Verify Employer Agent agrees that all of its representatives will take the refresher tutorials initiated by E-Verify as a condition of continued use of E-Verify, including any tutorials for Federal contractors, if any of the Employers represented by the Web Services E-Verify Employer Agent is a Federal contractor. b. Failure to complete a refresher tutorial will prevent the Web Services E-Verify Employer Agent and Employerfrom continued use of E-Verify. 7. The Web Services E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The Web Services E-Verify Employer Agent must promptly terminate an employee's E-Verify access if the employee is separated from the company or no longer needs access to E-Verify. 8. The Web Services E-Verify Employer Agent agrees to obtain the necessary equipment to use E-Verify as required by the E-Verify rules and regulations as modified from time to time. 9. The Web Services E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 10. The Web Services E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E-Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents. 11. The Web Services E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.2 below. 12. The Web Services E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web -Based Tutorial and all other published E-Verify Page 6 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA rules and procedures. The Web Services E-Verify Employer Agent will create E-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Web Services E-Verify Employer Agent's attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three-day time period is not extended. In such a case, the Weh Services E-Verify Employer Agent must use the E-Verify browser during the outage. 13. The Web Services E-Verify Employer Agent agrees to ensure that all notices, referral letters and any other materials otherwise including instructions regarding tentative nonconfirmations, will be consistent with the most current E-Verify tentative nonconfirmation notices and referral letters, which are available on E-Verify's website. 14. The Web Services E-Verify Employer Agent agrees that any system or interface it develops will follow the steps for creating E-Verify cases and processing tentative nonconfirmations, as laid out in the ICA, this MOU and the User Manual, including but not limited to allowing an employer to close an invalid case where appropriate, allowing an employer to refer a tentative nonconfirmation only when an employee chooses to contest a tentative nonconfirmation (no automatic referrals), and referring a tentative nonconfirmation to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services E-Verify Employer Agent understands that any failure to make its system or interface consistent with proper E-Verify procedures can result in DHS terminating the Web Services E-Verify Employer Agent's agreement and access with or without notice. 15. When the Web Services E-Verify Employer Agent receives notice from a client company that it has received a contract with the FAR clause, then the Web Services E-Verify Employer Agent must update the company's E-Verify profile within 30 days of the contract award date. 16. If data is transmitted between the Web Services E-Verify Employer Agent and its client, then the Web Services E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the Web Services E-Verify Employer Agent. 17. The Web Services E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify9uscis.dhs.gov. Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E-Verify. 18. The Web Services E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms 1-9, employment records, and all records pertaining to the Web Services E-Verify Employer Agent's use of E-Verify, and to interview it and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. a. The Web Services E-Verify Employer Agent agrees to cooperate with DHS if DHS requests Page 7 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA information about the Web Services E-Verify Employer Agent's interface, including requests by DHS to view the actual interface operated by the Web Services E-Verify Employer Agent as well as related business documents. The Web Services E-Verify Employer Agent agrees to demonstrate for DHS the functionality of its interface to E-Verify upon request. b. The Web Services E-Verify Employer Agent agrees to demonstrate, if requested by DHS, that it has provided training to its clients that meets E-Verify standards. Training programs must provide a focused study of the topics covered in the E-Verify User Manual and pertinent Supplemental Guides. Furthermore, training programs and materials must be updated as E-Verify changes occur. The Web Services E-Verify Employer Agent is encouraged to incorporate information from existing E-Verify materials, including the Enrollment Quick Reference Guide, the E-Verify Employer Agent Client Handbook (formerly known as the Designated Agent Client Handbook), and existing tutorials and manuals into their training program. E-Verify also encourages the Web Services E-Verify Employer Agent to supervise first-time use of the E-Verify browser or Web Services interface by its staff and Employer clients as part of any training program. The Web Services E-Verify Employer Agent agrees to submit its training program materials to DHS for review upon request. Failure to provide adequate training could, in some instances, lead to penalties as described in Article V.F.1. of this MOU. 19. The Web Services E-Verify Employer Agent shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Web Services E-Verify Employer Agent shall not describe its services as federally -approved, federally -certified, or federally - recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your Web Services E-Verify Employer Agent services and any claim to that effect is false. 20. The Web Services E-Verify Employer Agent shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Web Services E-Verify Employer Agent agrees that E-Verify trademarks and logos maybe used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Web Services E-Verify Employer Agent's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Web Services E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The Web Services E-Verify Employer Agent shall ensure that the Web Services E-Verify Employer Agent and the Employers it represents carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The Web Services E-Verify Employer Agent should instruct the client to keep the Web Services E-Verify Employer Agent informed about any changes or updates related to federal contracts. It is the Web Services E-Verify Employer Agent's responsibility to ensure that its clients are in compliance Page 8 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 with all E-Verify policies and procedures. Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 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 Page 9 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 _ *ED - erg ® E-VERIFY IS A SERVICE OF DHS AND SSA Company ID Number: 1215852 Client Company ID Number: 2171845 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 information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). 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 Article II.C.S, 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.S, 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. D. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) 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 the E-Verify Employer Agent) 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). Page 10 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA 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 E-Verify Employer Agent. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: Automated verification checks on alien employees by electronic means, and b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer (through the E-Verify Employer Agent) a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent), and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. Page 11 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSAAND 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. 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 workdays. 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. Page 12 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 B. REFERRAL TO DHS Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. Page 13 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 A. NO SERVICE FEES Client Company ID Number: 2171845 ARTICLE IV SERVICE PROVISIONS OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA 1. SSA and DHS will not charge the Employer or the Web Services E-Verify Employer Agent for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1. Software developed by Web Services E-Verify Employer Agents must comply with federally -mandated information security policies and industry security standards to include but not limited to: a. Public Law 107-347, "E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA)," December 2002. b. Office of Management and Budget (OMB) Memorandum (M-10-15), "FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management," April 2010. c. National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). d. International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology —Security Techniques —Code of Practice for Information Security Management. 2. The Web Services E-Verify Employer Agent agrees to update its Web Services interface to reflect system enhancements within six months from the date DHS notifies the Web Services User of the system update. The Web Services User will receive notice from DHS in the form of an Interface Control Agreement (ICA). The Web Services E-Verify Employer Agent agrees to institute changes to its interface as identified in the ICA, including all functionality identified and all data elements detailed therein. 3. The Web Services E-Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web Services interface if and when DHS requests such progress reports. 4. The Web Services E-Verify Employer Agent acknowledges that if its system enhancements are not completed to the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services User of the system update, then the Web Services User's E-Verify account may be suspended, and support for previous releases of E-Verify may no longer be available to the Web Services User. The Web Services E-Verify Employer Agent also acknowledges that DHS may suspend the Web Services User's account after the six-month period has elapsed. 5. The Web Services E-Verify Employer Agent agrees to incorporate error handling logic into its development or software to accommodate and act in a timely fashion should an error code be returned. Page 14 of 25 E-Verify MOU for Employers Using a Web Services E-Verify EmpioyerAgent I Revision Date 06/01/13 _ *ED - erg ® E-VERIFY IS A SERVICE OF DHS AND SSA Company ID Number: 1215852 Client Company ID Number: 2171845 6. The Web Services E-Verify Employer Agent agrees to complete the technical requirements testing which is confirmed upon receiving approval of test data and connectivity between the Web Services E-Verify Employer Agent and DHS. 7. DHS will not reimburse any Web Services E-Verify Employer Agent or software developer who has expended resources in the development or maintenance of a Web Services interface if that party is unable, or becomes unable, to meet any of the requirements set forth in this MOU. 8. Housing, development, infrastructure, maintenance, and testing of the Web Services applications may take place outside the United States and its territories, but testing must be conducted to ensure that the code is correct and secure. 9. If the Web Services E-Verify Employer Agent includes an electronic Form 1-9 as part of its interface, then it must comply with the standards for electronic retention of Form 1-9 found in 8 CFR 274a.2(e). B. INFORMATION SECURITY REQUIREMENTS Web Services E-Verify Employer Agents performing verification services under this MOU must ensure that information that is shared between the Web Services E-Verify Employer Agent and DHS is appropriately protected comparable to the protection provided when the information is within the DHS environment [OMB Circular A-130 Appendix III]. To achieve this level of information security, the Web Services E-Verify Employer Agent agrees to institute the following procedures: 1. Conduct periodic assessments of risk, including the magnitude of harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the DHS, SSA, and the Web Services E-Verify Employer Agent and its clients; 2. Develop policies and procedures that are based on risk assessments, cost-effectively reduce information security risks to an acceptable level, and ensure that information security is addressed throughout the life cycle of each organizational information system; 3. Implement subordinate plans for providing adequate information security for networks, facilities, information systems, or groups of information systems, as appropriate; 4. Conduct security awareness training to inform the Web Services E-Verify Employer Agent's personnel (including contractors and other users of information systems that support the operations and assets of the organization) of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; 5. Develop periodic testing and evaluation of the effectiveness of information security policies, procedures, practices, and security controls to be performed with a frequency depending on risk, but no less than once per year; Page 15 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA 6. Develop a process for planning, implementing, evaluating, and documenting remedial actions to address any deficiencies in the information security policies, procedures, and practices of the organization; 7. Implement procedures for detecting, reporting, and responding to security incidents; 8. Create plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the organization; 9. In information -sharing environments, the information owner is responsible for establishing the rules for appropriate use and protection of the subject information and retains that responsibility even when the information is shared with or provided to other organizations [NIST SP 800-37]. 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. 11. DHS reserves the right to audit the Web Services E-Verify Employer Agent's application. 12. Web Services E-Verify Employer Agents and Software Developers agree to cooperate willingly with the DHS assessment of information security and privacy practices used by the company to develop and maintain the software. C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1. Web Services E-Verify Employer Agents must practice proper Internet security; this means using HTTP over SSL/TLS (also known as HTTPS) when accessing DHS information resources such as E-Verify [NIST SP 800-95]. Internet security practices like this are necessary because Simple Object Access Protocol (SOAP), which provides a basic messaging framework on which Web Services can be built, allows messages to be viewed or modified by attackers as messages traverse the Internet and is not independently designed with all the necessary security protocols for E-Verify use. 2. In accordance with DHS standards, the Web Services E-Verify Employer Agent agrees to maintain physical, electronic, and procedural safeguards to appropriately protect the information shared under this MOU against loss, theft, misuse, unauthorized access, and improper disclosure, copying use, modification or deletion. 3. Any data transmission requiring encryption shall comply with the following standards: • Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256-bit encryption that has been validated under FIPS 140-2. • NSA Type 2 or Type 1 encryption. 4. User ID Management (Set Standard): All information exchanged between the parties under this MOU will be done only through authorized Web Services E-Verify Employer Agent representatives identified above. 5. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not yet upgraded its interface to comply with the Federal Acquisition Regulation (FAR) system changes. In addition, Web Services E-Verify Employer Agents whose interfaces do not support the Form 1-9 from 2/2/2009 or 8/7/2009 should also use the E-Verify browser until the system upgrade is completed. Page 16 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 _ *ED - erg p E-VERIFY IS A SERVICE OF DHS AND SSA Company ID Number: 1215852 Client Company ID Number: 2171845 6. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not completed updates to its system within six months from the date DHS notifies the Web Services E-Verify Employer Agent of the system update. The Web Services E-Verify Employer Agent can resume use of its interface once it is up-to-date, unless the Web Services E-Verify Employer Agent has been suspended or terminated from continued use of the system. D. COMMUNICATIONS 1. Web Services E-Verify Employer Agents and Software Developers agree to develop an electronic system that is not subject to any agreement that would restrict access to and use of by an agency of the United States. 2. The Web Services E-Verify Employer Agent agrees to develop effective controls to ensure the integrity, accuracy and reliability of its electronic system. 3. The Web Services E-Verify Employer Agent agrees to develop an inspection and quality assurance program that regularly, at least once per year, evaluates the electronic system, and includes periodic checks of electronically stored information. The Web Services E-Verify Employer Agent agrees to share the results of its regular inspection and quality assurance program with DHS upon request. 4. The Web Services E-Verify Employer Agent agrees to develop an electronic system with the ability to produce legible copies of applicable notices, letters, etc. 5. All information exchanged between the parties under this MOU will be in accordance with applicable laws, regulations, and policies, including but not limited to, information security guidelines of the sending party with respect to any information that is deemed Personally Identifiable Information (PII), including but not limited to the employee or applicant's Social Security number, alien number, date of birth, or other information that may be used to identify the individual. 6. Suspected and confirmed information security breaches must be reported to DHS according to Article II.A.17. Reporting such breaches does not relieve the Web Services E-Verify Employer Agent from further requirements as directed by state and local law. The Web Services E-Verify Employer Agent is subject to applicable state laws regarding data protection and incident reporting in addition to the requirements herein. E. SOFTWARE DEVELOPER RESTRICTIONS 1. The Web Services E-Verify Employer Agent agrees that if it develops a Web Services interface and sells such interface, then it can be held liable for any misuse by the company that purchases the interface. It is the responsibility of the Web Services E-Verify Employer Agent to ensure that its interface is used in accordance with E-Verify policies and procedures. 2. The Web Services E-Verify Employer Agent agrees to provide software updates to each client who purchases its software. Because of the frequency Web Services updates, an ongoing relationship between the software developer and the client is necessary. Page 17 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA 3. DHS reserves the right to terminate the access of any software developer with or without notice who creates or uses an interface that does not comply with E-Verify procedures. 4. Web Services Software Developers pursuing software development independent of serving clients as a Web Services E-Verify Employer Agent are not eligible to receive an ICA. At this time, E-Verify does not permit Web Services software development without also being a Web Services E-Verify Employer Agent or Web Services Employer. F. PENALTIES The Web Services E-Verify Employer Agent agrees that any failure on its part to comply with the terms of the MOU may result in account suspension, termination, or other adverse action. 2. DHS is not liable for any financial losses to Web Services E-Verify Employer Agent, its clients, or any other party as a result of your account suspension or termination. ARTICLE VI MODIFICATION AND TERMINATION A. MODIFICATION 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. B. TERMINATION 1. The Web Services E-Verify Employer Agent may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the Web Services E-Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days' written notice. The Web Services E-Verify Employer Agent may not refuse to terminate the Employer based upon an outstanding bill for verification services. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Web Services E-Verify Employer Agent'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 Web Services E-Verify Employer Agent or Employer, or a failure on the part of either party to comply with established E-Verify procedures and/or legal requirements. The 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. Page 18 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA 3. A Web Services E-Verify Employer Agent for an Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Web Services E-Verify Employer Agent must provide written notice to DHS. If the Web Services E-Verify Employer Agent fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Web Services E-Verify Employer Agent agrees that E-Verify is not liable for any losses, financial or otherwise, if the Web Services E-Verify Employer Agent or the Employer is terminated from E-Verify. ARTICLE VII PARTIES A. Some oral[ SSA and DHS responsibilities under this MOU maybe performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services E-Verify Employer Agent, its agents, officers, or employees. C. The Web Services E-Verify Employer Agent may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Web Services E-Verify Employer Agent or the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Web Services E-Verify Employer Agent or the Employer. E. The Web Services E-Verify Employer Agent understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer, the Web Services E-Verify Employer Agent and DHS respectively. The Web Services E-Verify Employer Agent understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Web Services E-Verify EmployerAgent, as the case may be, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C.1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. Page 19 of 25 E-Verify MOU for Employers Using a Web Services E-Verify EmployerAgent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-Verify Employer Agent. GenServe LLC (Employer) hereby designates and appoint ADP, Inc. (E-Verify Employer Agent) including its officers and employees, asthe E-Verify Employer Agent for the purpose of carrying out (Employer) responsibilities under the MOU between the Employer, the E-Verify Employer Agent, and DHS. If you have any questions, contact E-Verify at 1-888-464-4218. Page 20 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number:1215852 Approved by: Client Company ID Number:2171845 0641\ fL N � GND SEC' E-VERIFY IS A SERVICE OF DNS AND SSA Employer GenServe LLC Name (Please Type or Print) Title Natasha Correa Signature Date Electronically Signed 06/09/2023 E-Verify Employer Agent ADP, Inc. Name (Please Type or Print) Title eVerify Team WFN Signature Date Electronically Signed 06/09/2023 Department of Homeland Security - Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 06/09/2023 Page 21 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 OEY�\FI. �~ uiofi o�F�gND SF.GJ¢ E-VERIFY IS A SERVICE OF DHS AND SSA Information Required for the E-Verify Program Information relating to your Company: Company Name GenServe LLC Company Facility Address 100 Newton Rd Plainview, NY 11803 Company Alternate Address County or Parish NASSAU Employer Identification Number 113041060 North American Industry Classification Systems Code 811 Parent Company Number of Employees 100 to 499 Number of Sites Verified for 7 site(s) Page 22 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 0641\ N � ���fL Iiiliu GND SEC' E-VERIFY IS A SERVICE OF DNS AND SSA Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FL IL NJ NY PA TX Page 23 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify. Company ID Number: 1215852 Client Company ID Number: 2171845 0641\ N � ���fL iiiliu GND SEC' E-VERIFY IS A SERVICE OF DNS AND SSA Information relating to the Program Ad min istrator(s) for your Company on policyquestionsor operational problems: Name Natasha Correa Phone Number 2012500058 Fax Email ncorreaC@F-enserveinc.com Page 24 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 E-Verify, Company ID Number: 1215852 Client Company ID Number:2171845 This list represents the first 20 Program Administrators listed for this company. OE` �MF.L 'e ED <q NIJ SCG E-VERIFY IS SERVICE OF DNS AND SSA Page 25 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 FIXED TERM SERVICE AGREEMENT # 23-8091 R for Generator Maintenance and Repair Services THIS AGREEMENT, made and entered into on this day of 2023 , by and between Genserve LLC authorized to do business in the State of Florida, whose business address is 100 Newtown Road, Plainview NY 11803 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 )year period, commencing 0 upon the date of Board approval; orEAe and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Orders) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for one (1 ) additional two ( 2 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a p Purchase Order ❑ Nam. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑■ Request for Proposal (RFP) ❑ ❑ 9ther ' # 23-8091 R 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 Service Agreement [2023_ver.2] ��J 3A 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. 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): EJ Lump Sum (Fixed PF'Ge); A firm fixed total PFiGe efteFing feF a pFojeot; the Fisks aFe �+ro-aai8r zed. ❑■ 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 (Le, 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). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement [2023_ver.2] CAO 4A The County, or any duly authorized agents or representatives of the County, shall 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, 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Genserve LLC Address: 100 Newton Rd Plainview, NY 11803 Authorized Agent: John Potts Attention Name &Title: Trisha Alyami, Service Sales Account Manager Telephone: (954) 440-3176 E-Mail(s): talyami@genserveinc.com Page 3 of 17 Fixed Term Service Agreement [2023_ver.2] CAD 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 Name: Water Division Division Director: Howard Brogdon Address: 3339 Tamiami Trail East, 3rd Floor Naples, Florida 34112 Administrative Agent/PM: Pamela Libby, Manager- Water Distribution Telephone: (239) 25M215 E-Mail(s): Pamela.Libby@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. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during Page 4 of 17 Fixed Term Service Agreement [2023 ver.2] CAO 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 sole judge of the 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 A 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 Liabilitv: Coverage shall have minimum limits of $ 11000,000 Per Occurrence, $ 21000,000 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 $ 500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. FMJ 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. Fage 5 of 17 Fixed Term Service Agreement [2023_ver.2] CAO F. ❑■ Pollution Liability : Coverage shall have minimum limits of $ 1,000,000 per Occurrence. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page G of 17 Fixed Term Service Agreement [2023_ver.2] CAO 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Water Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 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, [k RFP/ ❑ +T/❑ Gther #23-8091R including Exhibits, Attachments and Addenda/Addendum, ❑ ssegaer�t quotes, and ❑ GtheFExhibiUAttaehme4 17. APPLICABILITY. Sections corresponding to any checked box (�) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c, immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Agreement [2023_ver.2] CAS 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 Statute, §448,095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112=5746 Telephone: (239) 252=8999 Email: PublicRecordRequest(cDcolliercountyfl.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 Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 8 of 17 Fixed Term Service Agreement [2023_ver.2] CAS referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 2I, 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 subcontractorrelated 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 Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. ❑■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. 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. Page 9 of 17 Fixed Term Service Agreement [2023_ver.2] CA( 25. L■ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. ❑■ 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 Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. Page 10 of 17 Fixed Term Service Agreement [2023 ver.2] CAO 20. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44,102, Fla, Stat. 33, VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 11 of 17 Fixed Term Service Agreement [2023_ver.2] CAO AM ME MEME&WAREVANPA MAMMA OWN MWImmorwiMIN NORMAN IRA k&%WMAIWAN MANN kWAMLWJIW I OR AMME AREA MEMO WNW A LWAGREa MAIN MEW A A 56 �■ 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. ❑� ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without 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 amendedI 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 Page 12 of 17 Fixed Term Service Agreement [2023_ver.2] CAO four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(d)colliercountyfl.gov) 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. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. 0■ 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 Agreement [2023_ver.2] CAO 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's First Witness TType 'nt witness name o tractor's bqecond Witness TTypelpri t witness nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro Genserve LLC Contractor Chairman By:, /,,� -;�7 Oe�-- .,,,'-`Signature r cy s Vp-s Ie . TTypetprint signature and titleT Page 14 of 17 ' Fixed Term Service Agreement 51 [2023_ver.2] Exhibit A Scope of Services ❑■ following this page (containing 15 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement [2023 ver.2] CAS Request for Proposal (RFP) 23-8091R "Generator Maintenance and Repair Services EXHIBIT A SCOPE OF SERVICES I. TECHNICAL QUALIFICATIONS 1.1 Maintenance and repair of the power unit and generators shall be performed by fully trained generator technicians. These technicians shall have at least five (5) years of experience in maintenance, service and repair of generators and related equipment at other facilities that need to be continuously operational similar to that of Collier County's (i.e., hospitals, water pumping stations, lift station, plants etc.). The Contractor shall state what manufacturer's equipment the Contractor is authorized to service and repair. 1.2 Contractor shall submit a list of the proposed technicians with their resumes. In the event of new personnel being hired during the contract, the Contractor will be required to submit the resumes and references of the new employee for Division Designee approval before performing any work under the scope of the resultant agreement. 1.3 Contractor shall be required to supply all necessary tools, equipment, labor, and parts to complete the maintenance and repair as needed. A repair equipment list will be attached to the Contractor's response. The list shall include the date for which the repair equipment was last calibrated. 1.4 The County shall be considered a "prime contract" and all necessary resources shall be directed to this contract enabling the County to continue to function during any urgent need or natural disaster. The County will require submittal of a complete emergency response plan after award and on an annual basis by April I" of each year and provide any updates to the plan if changes are made effecting service to County throughout the year. 2. PREVENTIVE MAINTENANCE PROGRAM: 2.1 Power Units/Generators and Associated Equipment: Visual maintenance inspections shall be performed quarterly, biannually, or annually (frequency determined by the requesting Division Designee) with a complete, full load transfer switch test (duration to be determined by requesting Division designee), and preventive maintenance service included with one (1) inspection annually. The Contractor will provide a list of all sites to be inspected with proposed schedule of service. The schedule must be approved by each Division Designee. Services will be scheduled with the applicable Division Designee. A forty-eight (48) hour pre -notification is required before any scheduled work is to be perform unless the Division Designee approves a different amount of time for response. Hourly rates outside of normal business hours may be charged at time and one half. All routine scheduled work will be done during the normal workday, 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County - observed holidays. Maintenance Inspections shall include a "Maintenance Inspection Checklist" which shall consist of, at a minimum, all items listed below, a sample of which shall be included in Contractor's response package. Contractors will also supply a copy of safety procedures, i.e. Lock Out / Tag Out, with response. Page 1 of 6 Exhibit A —Scope of Services CAO Request for Proposal (RFP) 23-8091R "Generator Maintenance and Repair Services Cooling I. Check water hoses (leaks, condition, connections) z. Check radiator/heat exchanger (blockage, damage, leaks) 3. Check drive belts (condition, adjust if needed) a. Check fan (lube bearing, condition, cracks) s. Check operation of coolant heaters (adjust) 6. Check coolant level/antifreeze protection �. Check dry chemical additives concentration (where applicable) 8. Check water pump (leaks) 9. Comments/Notes Fuet I. Check for leaks (hose condition, connections) 2, Clean injectors 3. Check fuel transfer pump (leaks, operation) 4. Check governor (linkage, operation, adjustment) 5. Check day tank (operation, leaks) 6. Drain water separator (sediments) 7. Comments/Notes Intake Exhaust 1. Visual check of piping (leaks, restrictions, conditions) 2. Check crankcase breather (clean if needed) 3, Check turbochargers (operation, leaks, clearances) 4. Inspect air cleaner (change at service) 5. Check rain cap condition 6. Comments/Notes Lubrication t. Check oil level (condition of hoses) 2. Check for Teaks (tighten loose connections) 3. Check hydraulic governor (add oil if needed) 4. Take oil sample for evaluation (before oil change) 5. Comments/ Notes Electrical 1. Check batteries (fluid level, conditions, operation) 2. Battery voltage drop when starting 3. Check connections (clean, tighten if needed) 4. Check battery charger operation 5. Check starting ability (starter amperage draw) 6. Visual check of engine wiring (shorts, breaks) Page 2 of 6 Exhibit A —Scope of Services CAO Request for Proposal (RFP) 23-8091R "Generator Maintenance and Repair Services 7. Comments/Notes 8. Test all safeties: a, overspeed b. Low oil pressure a Low water temperature d. Low fuel level i. Others General Condition I. Engine room (ventilation, cleanliness) 2. Control positions (auto, off, breakers) 3. Check mounts 4. Check hour meter operation 5. Customer problems or questions 6. Check and date generator log 7. Service decal in place 8. Comments/ Notes e. over crank f. high water temperature g. low water level h, emergency electronic overflow systems Generator 1. Check generator voltage 2. Check frequency (no load) 3. Check wiring (controls, breaker, regulator) 4. Visual check of stator and rotor 5. Visual check of brushes/rectifiers, regulator 6. Comments/Notes Transfer Switch I. Check calibration of meters 2. Test transfer switch 3. Adjust timers to customer's needs 4. Run unit under customer load (contact department designee before testing) 5. Comments/Notes Maintenance Service Shall Include: t. All items listed under Annual Preventive Maintenance Program z. Engine fuel filters changed 3. Engine oil and fuel filter changed 4. Dry Chemical Additive filters changed (where applicable) 5. All air Filters (where applicable) 6. Fuel Polishing (where applicable & approval from the using department) 7. National Emission Standards Hazardous Air Pollutants (NESHAP) equipment bi-annual service, including catalyst washing. Page 3 of 6 Exhibit A —Scope of Services CAO Request for Proposal (RFP) 23-809111 "Generator Maintenance and Repair Services 2.2 Repairs When a recommended maintenance repair is identified, the Contractor may be required to provide an estimate/proposal to the Division Designee via email. The proposal will outline the maintenance activity's anticipated labor and material costs. The Division Representative or designee will then respond to the Contractor providing approval and the Purchase Order number the work shall be charged to. Contractor(s) shall furnish all necessary qualified labor, materials, equipment, tools, consumables, hansportation, skills, and incidentals required for the maintenance services, repairs, and miscellaneous services for the County's generator systems. If repairs cannot be completed within 24 hours from the County's initial request, then temporary generator options must be provided for approval by the Division Designee. The approved temporary generators and any associated auxiliary fuel tanks will be provided and maintained by the Contractor and billed according to the negotiated fee scheduled rates if Contractor owned. If the Contractor rents the generator and any associated fuel tank, billing will be at invoiced rates plus applicable mark up. Contractor shall provide copies of receipts for materials costing $500 or more, subcontractor invoice, and/or equipment rental receipts with the invoice. Materials and rental equipment will be allowed with markup and the use of subcontractors will be allowed with markup in accordance with the agreement. No markup shall be permitted on ancillary charges, taxes, and freight/shipping. Contractor must supply the Division Designee with phone numbers for urgent (unscheduled) and routine call -out service. In the case of urgent call -out, the Contractor shall be on -site to provide service within two (2) hours of call -out and be available to respond twenty-four (24) hours a day, three hundred sixty-five (365) days a year. An Urgent Service Call fee is allowed when responding to an urgent request, in addition to the hourly rate. An urgent condition shall be considered to exist when any failed system hardware and/or software prevents, or threatens to prevent, the operation of the generator or associated switch gear from fulfilling its intended purpose. The Contractor shall employ an adequate staff of qualified technicians to provide this urgent service taking into account vacation and other leaves. Non -urgent service shall be provided within three (3) working days of request. 3. FUEL POLISHING — AS NEEDED 3.1 Contractor shall determine and access the lowest points of the internal part of each proposed fuel tank that may accumulate water and heavy sludge. Samples shall be administered from that point and as many other points as possible to determine the type and quantity of contaminants residing within the tank. 3.2 Contractor shall remove "free water" and sludge material prior to filtering should sampling results indicate large quantities of contaminants within the tanks. 3.3 Contractor shall set up suction and discharge hoses to create a flow through proposed fuel tanks requiring cleaning services. Fuel shall be drawn from the low point, processed through filtration unit, Page 4 of 6 Exhibit A —Scope of Services CAO Request for Proposal (RFP) 23-809IR "Generator Maintenance and Repair Services and returned to the opposite end of the tank. During the suction process, the Contractor shall move the suction wand within the tank in order to reach as much of the tank as possible. The amount of fuel within each proposed tank shall be turned over 3 to 5 times depending on the quantity and type of contaminants. The final filtration shall be with a 5-micron water block and a 1-micron filter at minimum of 3 turns. 3.4 Contractor shall submit a report for each location tested and/or tank cleaned. Each inspection/service shall include a report with the following data included; a. Tank Information b. Tank Items Inspected c. Service Performed d. Fuel Grade e. Visual Inspection f. Additional notes 4. SAFETY &SECURITY 4.1 Contractor shall comply with all Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), the National Institute of Occupational Safety Hazards (NIOSH), the American National Standards Institute (ANSI), the National Fire Protection Association (NFPA), the Crane Manufacturers Association of America, Inc. (CMAA), National Electric Code (NEC), American Society of Mechanical Engineers (ASME), and other State and County rules and regulations while performing work under the resultant Contract. 4.2 Appropriate barricades and signs shall be provided and utilized by the awarded Contractor when work is performed in areas traversed by persons, or when deemed necessary by the County. 4.3 Contractor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury to any persons within and around the work site. 4.4 Contractor shall be responsible for any damage to County or personal property due to negligence on the part of the Contractor or their employees. Restorations shall be made to the County's satisfaction. 4.5 Hazardous conditions shall be immediately reported to the County. 4.6 Contractor(s) are 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. The 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. The Contractor shall be required to maintain records on each employee and make them available to the County. Page 5 of 6 Exhibit A —Scope of Services CAO Request for Proposal (RFP) 23-809111 "Generator Maintenance and Repair Services All the 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(s) during the time in which their background check is valid. All technicians shall have on their shirts the name of the Contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via a -mail (DL-FMOPS cr colliercountvfl.eov ) 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. Collier County Sheriff's Office requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 5. EXISTING COUNTY GENERATORS A list of the County's existing generators is provided for reference purposed in Attachment A (attached hereto this scope). This list is not intended to be all-inclusive, and the County may add or remove generators at any time, without amendment to the Agreement. ATTACHMENT A TO FOLLOW THIS PAGE Page 6 of 6 Exhibit A —Scope of Services Attachment A Generator Maintenance and Repair Location Engine Generator Switch Gear Size WATER DIVISION GENERATORS South County Regional Water Treatment Plant - 3851 Citygate Drive Caterpillar 3516 Caterpillar SR4 Asco 2000 KW South County Regional Water Treatment Plant - 3851 Citygate Drive Caterpillar 3516 Caterpillar SR4 Asco 2000 KW Goodland Repump Station - 5942 SR 92 Cummins NT855GS Cummins Asco 175 KW Tamiami Well Field (multiple) Voivo TA121GG Lima General Electric 200 KW Manatee Pump Station -1300 Manatee Road Cummins NT855 CE Cummins Cutler Hammer 1000 amps 500 KW Raw Water Booster Station -- 8417th Street SW Detroit Marathon Westinghouse 450 KW Carica Repump Station - 7200 Goodlette Road Caterpillar 7C459A Caterpillar Cutler Hammer 1200 amps 800 KW Carica Repump Station - 7200 Goodlette Road Caterpillar 7C459A Caterpillar Cutler Hammer 1200 amps 800 KW North County Regional Water Treatment Plant -4 units -8005 Vanderbilt Beach Road Caterpillar 3516 DITA Caterpillar General Electric 480 KW North Reverse Osmosis Well Number 5 -8795 Vanderbilt Beach Road Caterpillar MDL #3406 MDL#sr Zenith Controls 375 KW North Reverse Osmosis Well Number 9 -9375 Vanderbilt Beach Road Caterpillar MDL #3406 MDL #sr Zenith Controls 300 KW Page 1 of 9 Attachment A (:AO North Reverse Osmosis Well Number 13 - 925 13th Street NW Cummins MDL #DFFED 5558829 Cummins Onan Power Commander MXS00 500 KW North Reverse Osmosis Well Number 16 - 925 13th S NW Cummins MDL #DFAC- 5566033 Cummins Onan Transfer Switch 250 KW Raw Water Booster Station - 8417th Street SW Cummins Onan Onan 1000 KW Tamami Well Number 6 - 691 Wilson Blvd, South Caterpillar Caterpillar Zenith 200 KW Tamami Well Number 11- 91 Wilson Blvd. North Caterpillar Caterpillar Zenith 200 KW Tamiami Well Number 14 -561 Wilson Blvd. North Volvo Penta TA 121 GG Superior (Marathon) Westinghouse 200 KW Tamiami Well Number 18 - 6th Street SE Detroit (2 stroke) Kohler Kohler 250 KW Tamiami Well Number 23-23Tobias Street Caterpillar Caterpillar Zenith 200 KW Tamiami Well Number 25 -1797 Tobias Street Caterpillar Caterpillar Zenith 200 KW Portable-1-8417thStreet SW Duetz 4DZL07-1034 n/a 130KW Portable -2-8417thStreet SW Duetz 4DZL07-1034 n/a 130KW Portable - 3 - 8417th Street SW Duetz 4DZL07-1034 n/a 130 KW Portable - 4 - 8417th Street SW Cummins 051-9-GO n/a 150 KW Portable - 5 - 8417th Street SW Tradewinds 51.10-GO n/a 100 KW Portable - 6 - 8417th Street SW Tradewinds 5L10-GO n/a 100 KW Portable -7 - 8417th Street SW Tradewinds SLJO-GO n/a 100 KW Page 2 of 9 Attachment A CAO Portable - 8 - 8417th Street SW Tradewinds SL10-GO n/a 100 KW Portable - 9 - 8417th Street SW Tradewinds 5L10-GO n/a 100 KW South County Regional Water Treatment Plant - 3851 Citygate Blvd. Cummins KTA 38 GI Cummins General Electric 750 KW South County Regional Water Treatment Plant - 3851 Citygate Blvd. Cummins KTA 38/GS-GC2 Marathon General Electric 750 KW South County Regional Water Treatment Plant - 3851 Citygate Blvd. Caterpillar Caterpillar SR4 Asco 2000 KW South County Regional Water Treatment Plant - 3851 Citygate Blvd. Caterpillar 3516 Caterpillar SR4 Asco 2000 KW WASTEWATER DIVISION GENERATORS Lift Station #108.07 - Napa Blvd, Cummins Kohler Kohler 20 KW Lift Station It 129.00 -11189 Health Park Blvd. Cummins Kohler Kohler 40 KW Lift Station #312,25 -1348 Wildwood Lakes Blvd. Cummins Kohler Kohler 40 KW Lift Station #302.73 - 5933 Avalon Circle Cummins Kohler Kohler 40 KW Lift Station #104.11- 7145 Barnsburry Lane North Cummins Kohler Kohler 50 KW Lift Station #169.05 - 2274 Priory Lane Cummins Kohler Kohler 50 KW Lift Station #302.75 -Adriana Drive Cummins Kohler Kohler 50 KW Page 3 of 9 Attachment A CAO Lift Station #312.49 - Wickham Street Cummins Kohler Kohler 50 KW Lift Station #312.52 - Citygate Blvd. North Cummins Kohler Kohler 50 KW Lift Station #312.53 -Citygate Blvd. South Cummins Kohler Kohler 50 KW Lift Station #318.44 - Naples Reserve Circle Cummins Kohler Kohler 60 KW Lift Station #107.02 -11697 Quail Village Way Cummins Kohler Kohler 60 KW Lift Station Hammock #302.49 - 5201 Rattlesnake Cummins Kohler Kohler 60 KW Lift Station #312.12 -1770 Courtyard Way Cummins Kohler Kohler 60 KW Lift Station #1860 -Veterans Park Drive Cummins Kohler Kohler 80 KW Lift Station #200,00 - 3353 Tamiami Trail East Cummins Kohler Kohler 80 KW Lift Station Blvd. #318.32 -11652 Majestic Trails Cummins Kohler Kohler 80 KW Lift Station #318.41- Naples Reserve Circle Cummins Kohler Kohler 100 KW Lift Station #303.00- Bayshore Cummins Kohler Kohler 125 KW Lift Station #305.00 -The Glades Cummins Kohler Kohler 125 KW Lift Station #308.00 - Francis Avenue Cummins Kohler Kohler 125 KW Lift Station #310,00 - Foxflre Cummins Kohler Kohler 125 KW Page 4 of 9 Attachment A CAO Lift Station #321.00 - Lely Resort Cummins Kohler Kohler 125 KW Lift Station #103.01- Palm View Drive Cummins Kohler Kohler 125 KW Lift Station #302.75 - 2579 Seychelles Drive Cummins Kohler Kohler 125 KW Lift Station#301.00-Hitching Post Cummins Kohler Kohler 150 KW Lift Station #306.00-ThomassonDrive Cummins Kohler Kohler 150 KW Lift Station #309.00- Lakewood Blvd. Cummins Kohler Kohler 150 KW Lift Station #313.00- Countryside Cummins Kohler Kohler 150 KW Lift Station #312.41-3810 White Lake Blvd. Cummins Kohler Kohler 175 KW Lift Station #312.46-3853 Brennan Drive Cummins Kohler Kohler 200 KW Lift Station #302.00- Royal Wood (2) Cummins Kohler Kohler 250 KW Lift Station #312.00 - Embassy Woods (2) Cummins Kohler Kohler 250 KW Master Station #304.00 -Thomasson at Aladdin John Deere Kohler Kohler 80 KW Master Station #316,00 - Championship Drive Caterpillar Caterpillar Caterpillar 200 KW MaterStation #107.00-ValewoodDrive Caterpillar Caterpillar Caterpillar 200 KW Master Station #318.00 - 6670 Collier Blvd. Caterpillar Caterpillar Caterpillar 200 KW Page 5 of 9 Attachment A Cf� 6027 Shirley Street - 6 Generac n/a n/a 80 KW 6027 Shirley Street - 9 Godwin n/a n/a 80 KW 6027Shirley Street -3 Godwin n/a n/a 65KW 6027 Shirley Street Godwin n/a n/a 100 KW 6027 Shirley Street - 14 Magnum n/a n/a 65 KW Shirley Street Magnum n/a n/a 125KW Shirley Street Magnum n/a n/a 275KW 6027 Shirley Street Mulititek n/a n/a 80 KW 6027 Shirley Street Mulititek n/a n/a 112 KW 6027 Shirley Street Mulititek n/a n/a 129 KW 6027 Shirley Street - 2 Tradewinds n/a n/a 40 KW 6027 Shirley Street- 6 Tradewinds n/a n/a 45 KW 6027 Shirley Street- 5 Tradewinds n/a n/a 60 KW 6027 Shirley Street -16 Tradewinds n/a n/a 100 KW 6027 Shirley Street - 2 Tradewinds n/a n/a 150 KW 6027 Shirley Street Cummins Cummins Zenith 300 KW Mater Station #103 - Piper Boulevard Caterpillar Caterpillar Caterpillar 200 KW Mater Station #107-Quail Creek Caterpillar Caterpillar Caterpillar 200KW Mater Station #102 - Wiggins Pass Road Onan Onan Onan 500 KW North County Water Reclamation Plant Cummins Onan Asco 350 KW Page 6 of 9 Attachment A CAO North County Water Reclamation Plant Cummins Onan Asco 250 KW North County Water Reclamation Plant Cummins Onan Asco 300 KW North County Water Reclamation Plant Cummins Onan Asco 375 KW South County Water Reclamation Plant Caterpillar Onan Pantropic 800 KW FACILITIES DIVISION GENERATORS Corkscrew EMS #10 Kohler Kohler Kohler 80 KW Immokalee Health Department Onan Katolight Generac 200 KW Immokalee Sheriff's Office Onan Onan Onan 230 KW Immokalee County Fleet Superior Superior Asco 40 KW Immokalee Jail Caterpillar Caterpillar GE/Zenith 350 KW Immokalee Landfill Generac Generac Generac 8 KW Benton Road - 800 mghz Onan Onan Onan 35 KW Miles City-800 mghz Onan Onan Onan 35 KW Everglades/Carnestowne Sheriff's Office Onan Onan Onan 12.5 KW Marco Sheriffs Office Generac Generac Generac 8 KW Marco Island Solid Waste Transfer Station Generac Generac Generac 130KW Krehling Tower 800 mghz Onan Onan Onan 35 KW Corkscrew Tower -800mghz Onan Onan Onan 35 KW Page 7 of 9 Attachment A CAS Station 71- Golden Gate Estates Onan Onan Onan 75 KW Station 70 - Golden Gate City Cummins Onan Onan 30 KW Golden Gate City Sheriff's Office Onan Onan Onan 60 KW North Naples Sheriff's Office Kohler Kohler Asco 60 KW Trade Center Way -800 mghz Onan Onan Onan 35 KW Naples County Barn Tower- 800 mghz Onan Onan Onan 45 KW Naples Landfill Scale House Superior Onan Asco 80 KW Collier County Medical Examiner- Morgue Kohler Kohler Kohler 200 KW Department of Transportation -Shop Magnetek Magnetek Magnetek 65KW Department of Transportation - Fuel Island Generac Generac Generac 80 KW Department of Transportation - Administration Wacker Onan Onan 67 KW Station 24- Grey Oaks Cummins Cummins Cummins 125 KW Central Library Superior Superior Zenith 15 KW Transportation Administration Building Kohler Kohler Kohler 100 KW Development Services Building Caterpillar Caterpillar Trans-O-Matic 250 KW Heliport/EMS#3 Onan Onan Onan 35KW Collier County Property Appraiser Office Cummins Cummins Cummins 100 KW Page 8 of 9 Attachment A CAQ Collier County Emergency Management Mobile Command - 2 Onan Onan Onan 7 KW Naples Jail Central Building) Caterpillar Caterpillar Lexco 620 KW Building K Chiller Plant Cummins Cummins Asco 750 KW Building F - Collier County Administration Building Cummins Cummins Cummins 1200 KW Substation B - Collier County Government Complex Caterpillar Caterpillar Lexco 350 KW Building C -Tax Collectors Kohler Kohler Kohler 265 KW Parking Deck 1- Collier County Government Complex Cummins Cummins Cummins 1250 KW Fleet County Barn Road Koehler Kohler Asco 600 KW Sheriff's Office County Barn Road Kohler Kohler Asco 600 KW Fuel Island County Barn Road Kohler Kohler Asco 40 KW Courthouse Annex Kohler Kohler Kohler 750 KW Parking Garage R2 - Portable - Collier County Government Complex Kohler Kohler Kohler 400 KW Marco Island Airport Magnum Magnum Magnum 125 KW Immokalee Airport Magnum Magnum n/a 80 KW Sheriff's Fleet County Barn Road Mangnum Magnum n/a 55 KW Various Generators Owned and Maintained by Collier County Facilities Management Page 9 of 9 Attachment A CAD Exhibit B Fee Schedule following this page (containing 2 pages) Page 16 of 17 Fixed Term Service Agreement [2023_vec2] CA O Request for Proposal (RFP)23-8091R "Generator Maintenance and Repair Services EXHIBIT B —NEGOTIATED RATE SCHEDULE Item Number Description Unit Unit Price 1 Generator Technician Normal Working Hours Hourly $145,00 2 Helper Normal Working Hours Hourly $72.50 3 Fuel Polishing, up to 500 Gallons Gallon $2.00* 4 Fuel Polishing, over 500 Gallons Gallon $0.96* 5 Urgent Request Fee (Not to Exceed $250) Each $250,00 6 Mark up on Parts/Materials N/A 10% 7 Mark up on Subcontractors N/A 15% 8 Mark up on rentals N/A 10% *Price per gallon does not include waste or travel Hourly rates outside of normal business hours may be charged at time and one half. All routine scheduled work will be done during the normal workday, 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County -observed holidays. List of Vendor Owned Generators Generator rental rates for vendor owned generators, only if needed, and associated with maintenance and repairs. The County reserves the right to request generator rentals when needed during repair and maintenance from other available sources. Rates are for 24/7 run time and h•ansportation. Prices do not include hourly labor rates for set up. KW ally Weekly Monthly 50 S 1,580.00 $39070.00 $6,820.00 100 S2,104.00 $45370,00 $10,070.00 150 S2,260,00 $4,770.00 $11,060.00 200 S2,710,00 $5,920.00 $13,910.00 250 $25880,00 $6,310.00 $141930.00 4/0 Cable (50' ea) 30.00 $56.00 $98.00 Page 1 of 2 Exhibit B —Fee Schedule Request for Proposal (RFP)23-8091R "Generator Maintenance and Repair Services A list of the County existing generators is provided for reference purposed in Attachment A (attached to Exhibit A - Scope). This list is not intended to be all-inclusive, and the County may add or remove generators at any time, without amendment to the Agreement. ♦♦x•ar• All of the above Prices shall remain firm for the initial term of the Agreement. Page 2 of 2 Exhibit B—Fee Schedule Other Exhibit/Attachmem Description: ❑ following this page (containing pages) ❑� this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement [2023_ver.2] CAO