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Agenda 12/12/2017 Item #16D1912/12/2017 EXECUTIVE SUMMARY Recommendation to waive competition and authorize the Chair to execute Contract # 17-7212-WV with Commercial Energy Specialists, Inc. (CES) as the sole-source provider for the purchase of BECS chemical and pool filtration systems, warranty repair, parts, and materials and authorize payment of three (3) outstanding invoices in the total amount of $16,353.10 for goods and services satisfactorily performed by Commercial Energy Specialists (CES) and for fair value received. OBJECTIVE: To efficiently procure and maintain specialized BECS chemical and pool filtration systems, warranty repair, parts, and materials to ensure the safety of the public by complying with Health Department regulations with proper chemical control systems. CONSIDERATIONS: When the Sun-N-Fun Lagoon water park was constructed, the controller system originally installed was a Stranco-Strantrol System; which was manufactured by BECS Technologies. In 2005, BECS decided to stop marketing, supplying aquatics controllers, and providing replacement parts through Stranco-Strantol and introduced the BECSys line of aquatic controllers. BECS Technologies has chosen CES as the sole source for sales, service, and warranty administration within the Florida and Caribbean region for the BECSys line of controllers. On June 9, 2015, the Board of County Commissioners (Board) approved Agenda Item# 16.D.13, approving CES as the sole source supplier to support the chemical and pool filtration systems for five years with all procurement of products and services made through the issuance of a Purchase Order. CES agreed to extend a 15% discount on all BECS and EKO3 equipment to the County for five years. Until February 2016, CES invoiced and was timely paid by the County for various products purchased to operate the water park. Commencing in February 2016, to continue processing payments for products and services provided and invoiced by CES, the Clerk’s Finance staff asked CES to supply additional supporting documentation to establish the cost of equipment and supplies procured with County issued Purchase Orders. CES indicated that no further documentation is available because the manufacturer does not publish a manufacturer suggested retail price list for its products. Further, staff can confirm that the product and work identified on the attached invoices has been supplied and completed to the Division’s satisfaction in compliance with specifications and requests the Board to accept the value of the work performed by CES. Based upon the confirmation of the fair value of goods and services received, staff requests that the Board authorize payment of the attached outstanding invoices because the County has benefited from the work performed by the vendor and the costs charged are reasonable for the services provided. Therefore, staff requests that payment in the amount of $16,353.10 be authorized for the three outstanding invoices. Upon approval of Contract# 17-7212-WV, Purchase Order 4600004040 / #16-6552 (established on June 9, 2015), will be terminated and a new purchase order will be issued under Board approved Contract #17- 7212-WV. Pursuant to Section 11, sub-paragraph 10 of the Collier County Procurement Ordinance# 2017-08, staff requests that the Board find that in the best interest of the co unty to waive formal competition and exclusively purchase BECS chemical and pool filtration systems, warranty repair, parts, and materials from CES as a sole source vendor. FISCAL IMPACT: Funds to maintain aquatic facilities are available within various cost centers in General Fund (001), MSTD General Fund (111), and Parks CIP Fund (306). LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT 12/12/2017 GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: To authorize payment of three (3) outstanding invoices in the amount of $16,353.10 for work performed by Commercial Energy Specialists, waive formal competition and authorize the Chair to execute Contract# 17-7212-WV with Commercial Energy Specialists, Inc. Prepared By: Matt Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. Waiver Request 263 - CES (Signed) (PDF) 2. 17-7212-WV Commercial Energy_Agreement_VendSign (PDF) 3. Invoice# 102838 (PDF) 4. Invoice# 104135 (PDF) 5. Invoice# 107823 (PDF) 6. Business Case for Commercial Energy Specialist(PDF) 12/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.19 Doc ID: 4063 Item Summary: Recommendation to waive competition and authorize the Chair to execute Contract # 17-7212-WV with Commercial Energy Specialists, Inc. (CES) as the sole-source provider for the purchase of BECS chemical and pool filtration systems, warranty repair, parts, and materials and authorize payment of three (3) outstanding invoices in the total amount of $16,353.10 for goods and services satisfactorily performed by Commercial Energy Specialists (CES) and for fair value received. Meeting Date: 12/12/2017 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 10/24/2017 11:35 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 10/24/2017 11:35 AM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/24/2017 12:38 PM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 10/25/2017 8:51 AM Procurement Services Adam Northrup Additional Reviewer Completed 10/25/2017 12:41 PM Procurement Services Ted Coyman Additional Reviewer Completed 11/02/2017 4:56 PM Procurement Services Sandra Herrera Additional Reviewer Completed 11/03/2017 8:27 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 11/13/2017 8:25 AM Parks & Recreation Barry Williams Additional Reviewer Completed 11/13/2017 4:15 PM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 11/15/2017 7:04 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 11/22/2017 4:43 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/27/2017 10:27 AM County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 11/27/2017 10:27 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/27/2017 10:45 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 11/28/2017 3:22 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/06/2017 3:10 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM Instructions Completed waiver requests accompanied by any associated backup documentation (sole source letter, business case, etc.) must be submitted to the division’s Procurement Strategist for any procurement, without competition, in excess of $3,000. Waiver requests greater than $50,000 will require approval by the Board of County Commissioners. Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be based on a lack of competition, proprietary technology, copyright, warranty or a supplier’s unique capability. Single source refers to a procurement directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. Requester Name: Division: Item/Service: Vendor Name: Fiscal Year: Requested Date Range: Anticipated Cost per Fiscal Year: Sole Source: Single Source: One Time Purchase: Multiple Purchases: Description of Purchase:Enter a description of the item(s) items that will be purchased under this waiver. Purpose:Describe in detail, the purpose of the requested item(s) and why it is essential to County operations. Explanation: Why is this a single or sole source? Date of BCC standardization (if applicable): BCC Item number: It is a felony to knowingly circumvent a competitive process for commodities or services by fraudulently specifying sole source. Florida Statute 838.22(2). Requested by: Signature: Date: Division Director: Signature: Date: Procurement Strategist: Signature: Date: Procurement Director: Signature: Date: For Procurement Use Only: FY18 Approval: FY19 Approval: Multi-Year Approval: Start ____________ End ____________ Collier County Waiver Request Form Waiver Form Ver. 1 - 8/25/2017 Scott Holtrey Parks and Recreation BECS Chemical and Pool Filtration Systems Commercial Energy Specialist (CES) Multiple 100,000 ✔✔ Replacements and replacement parts for BECSys7 Chemical Controllers. To maintain specialized BECS chemical and pool filtration systems, warranty repair, parts and materials to ensure the safety of the public by complying with Health Department regulations with proper chemical control systems. Commercial Energy Specialist (CES) is the sole source for sales, service and warranty administration, in the Florida region. Matt Catoe Matt Catoe Digitally signed by Matt Catoe Date: 2017.11.14 11:20:03 -05'00'11/14/2017 Barry Williams Barry Williams Digitally signed by Barry Williams Date: 2017.11.16 09:45:30 -05'00'11/16/17 Adam Northrup cn=adamnorthrup@colliergo v.net '00'05- 10:16:32 2017.11.16 Edward F. Coyman Jr. tedcoyman@collie rgov.net Digitally signed by tedcoyman@colliergov.net DN: cn=tedcoyman@colliergov.net Date: 2017.11.22 08:23:45 -05'00' ✔10/01/2017 09/30/2022 A G R E E M E N T # 17 -7212 -WV for "SECS Chemical and Pool Filtration Systems" THIS AGREEMENT, made and entered into on this day of 2017, by and between Commercial Energy Specialist, Inc., authorized to do business in the State of Florida, whose business address is 952 Jupiter Park Lane, Suite 1, Jupiter, Florida 33458, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a two (2) year period, commencing on Date of Board award and terminating on two (2) years 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 Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order. 3. STATEMENT OF WORK. The Contractor, as the sole distributor of BECS Technology, shall provide the sales, service and warranty administration of BEC chemical controller system and EKO3 filter system in accordance with the terms and conditions referred to herein and made an integral part of this Agreement. 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 the Work pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotation and pursuant to the Price Methodology in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the Parks and Recreation Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." Page I of 9 # 17 -7212 -WV & BECS Chemical and Pool Filtration Systems Commercial Energy Specialist 4.1 Price Methodology: Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification.) 4.2 Any County agency may obtain products and 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. 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 # 85-80159665310-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Commercial Energy Specialists, Inc 952 Jupiter Park Lane, Suite 1 j Jupiter, Florida 33458 Attention: Robert Hayduk Telephone: (800) 940-1557 Facsimile: (561) 746-5898 Email: Rhayduk(a-)ceswaterguality.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Board of County Commissioners for Collier County, Florida C/o Parks and Recreation Division 15000 Livingston Road Naples, Florida 34109 Telephone: 239-252-4059 Attention: Matt Catoe, Operations Analyst Email: MatthewCatoe(vZcolliergov.net Page 2 of 9 # 17-7212-wV & SECS Chemical and Pool Filtration Systems Commercial Energy Specialist 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. 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/Subconsultants. 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 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 non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Page 3 of 9 # 17 -7212 -WV R BECS Chemical and Pool Filtration Systems Commercial Energy Specialiiit 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 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. D. Pollution: Coverage must include a minimum limit of $1,000,000 for 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, Page 4 of 9 ' # 17 -7212 -WV & BECS Chemical and Pool Filtration Systems Commercial Energy Specialist 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. 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 Parks & Recreation Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Insurance Certificate(s) and subsequent quotes. 17. 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. 18. 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. Page 5 of 9 # 17 -7212 -WV & BECS Chemical and Pool Filtration Systems Commercial Energy Specialist 19. 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 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 6 of 9 N 17 -7212 -WV & BECS Chemical and Pool Filtration Systems Commercial Energy Specialist referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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's shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents and Executive Summary, the terms of the County's Board approved Contract Documents shall take precedence. Page 7 of 9 # 17 -7212 -WV & BECS Chemical and Pool Filtration Systems Commercial Energy Speclalist 27. 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. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS an-collieroov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. (SIGNATURE PAGE TO FOLLOW) """""Remainder of page left blank intentionally"""""""""" Page 8 of 9 t ' # 17 -7212 -WV & BECS Chemical and Pool Filtration Systems Commercial Energy Specialist IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Dwight E. Brock, Clerk of Courts 0 Dated: _ (SEAL) Contractor Witnesses: L m MOacDe r rnoTr TType/print witness nameT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Penny Taylor, Chairman Contractor Commercial Energy Specialist, Inc. 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Ord.r t OIrbrtd By Clbni PO I 't 04t 3!t 07 81t17 Nst 45 o9t1{t17 sG12275E Scott Holtrly /15001r,193 Collier County Finance Oept Attn: BCC Cl€rt ofCoud 3299 Tamismi Trl E Ste 700 Napbs, FL 34112 Sun & Fun Aquatic Cenier 15000 Livingston Rd Napbs, FL 34109 Scrvicc Sun N Fun Valve Repst s Corrr O.rcrfpdort REPAIR Rrp8t, Servic. Genorsl S"rvic! G.n ..lSaMc. Call ET FK-009-003O0 Bedcr.sh Vahre Rlbuild Kit, EKO3 €T FP422-2644O Udaulic S.al ,or USF 6" Bsdeyash Vatee Crn€ral Sarvic. Ganrral Servic6 Call eT FP-O22-2841O Vtdeulic Seal tur USF 6" B€d(walh Vah/E ET FK{09{D300 B3chr.!h V.tve Rrbuild Kt. EKO3 Grncral Srrvics G€narel S€rvios C.ll ET FK{0$0O300 Bsdorash Velvr Rcbuild Kit, EKO3 ET FP422-2644O Vtuulic Soal br USF 6' Bad(w.rh Valvr GencralSrrvlc. GcnerelServiooCell ET FP{22-25840 Sids Po Soal br Eko3 6'}Wsy B,/WVah/! ET FP{22-25E40 5*16 Port Sesl tor Eko3 6' }Way B/W Vahre G.n€r8l Servic8 Gener.l S6rvics Call ET FK{Og.{r0300 B8cl(w83h Veh," Rcbuild Kl. EKO3 €f FP422-2U1O Vtd,ulic Seal br USF 6' B8dor h Va,v6 GengrglSaNica Gcn€ralScrviceCall ET FK{O$0030O Badeash Valw R.build Kit. EKO3 Ef FP.022-2U40 Vtd,ulic Scal br USF 6' Badoash Vah/s GeneralSc.vica GcnErrlServicsC.ll Court€sy Sorvice Courtery Ssrvics C.ll Ay 1 1 2 7 '| 3 I 1 2 6 I I I t 2 6 I 2 6 I o eoajo Commercial Energy Speciali5tr . 952 Jupiter Park Lane - 5uite I . Jupiter, FL33458. PH 80G940-1557. F 561-7,16-5898. rvww.CEswaterQuality.com h -Gsdc mvotGE Collicr Couot Ftn nc. D.pt *,vic,: Sun & Fun Aquatic Ceater - Sul,.N Fuo - Ad,lyf]y Ml !t(.llen(e rn $,.rs O!.lny (oitrol Sin.€ t983 lnvolcs J Dlt. Bllllng T.rrE Dl!! DlI. Ord.r a Ordtrtd By Cli.nt Po t 104135 07Bll17 Ncl uls 09114117 so-'r 22758 Scoit Hotey 4500177193Bill To Shlp To Collier County Finsnce Dept Atln: BCC Clerk of Court 3299 T.milmi Td E Sre ?oo Napb8, FL 34112 ET FK-ff)S00300 Baduyslh Vslva Rebuild Kil, EKO3 Spa/?s Lt b. sil" Sun t Fun Aquatic C€ntsr t5000 LMngston Rd Naphs, FL 34109 Suuoi.l AdrGunrnt Tot l Shlpplne Trr Gr.nd Toa.l 8rbnc. 6.,45,l.,08 0.00 6.,151.,18 0.00 0.00 6.45't.48 5,45l.rat SO-124341 INVOICE 07/31/17 Order # Preventative Maintenance: Golden Gate Community Park - Golden Gate Activity/Kiddie Pool Date 107823Invoice # Collier County Finance Dept Scott HoltreyOrdered By Net 45Billing Terms 09/14/17Date Due Bill To Collier County Finance Dept Attn: BCC Clerk of Court 3299 Tamiami Trl E Ste 700 Naples, FL 34112 Ship To Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, FL 34116 4500178357Client PO # Service Requested Filter PM with Valve overhaul for Kiddie Pool and Slide Invoice Items TotalQtyDescriptionUnit PriceCode 995.001995.00USF/EKo3 Two Tank Auto Sand Filter PMA985PMA985 - USF 2 Filter PM 94.98615.83Victaulic Seal for USF 6" Backwash ValveET FP-022-26440 995.001995.00USF/EKO 3 Single Tank-Auto Sand Filter PMA985PMA985 - USF 1 Filter PM 425.001425.00Valve RebuildGeneral Service 1,166.644291.66Backwash Valve Rebuild Kit, EKO3ET FK-009-00300 94.98713.57Victaulic Seal for USF 6" Backwash ValveET FP-022-26440 425.001425.00Valve RebuildGeneral Service -10.001-10.00adjustment to match POCB Package Discount 2,296.6912,296.69EV 576-02502MISC-SUP Total Subtotal Adjustment 6,483.29 6,483.29 0.0007/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic seals. Inspected the rest of the filter system. The site will backwash the systems, when there is no one in the pools.; 07/11/2017 - Rebuild (2) valves on filter system Started up system upon completion; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic seals. Inspected the rest of the filter system. The site will backwash the systems, when there is no one in the pools.; 07/11/2017 - Rebuild (2) valves on filter system Started up system upon completion; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Shipping 0.00 Tax 0.00 Grand Total 6,483.29 Actions Taken Balance 6,483.29 Page 1 of 4 SO-124341 INVOICE 07/31/17 Order # Preventative Maintenance: Golden Gate Community Park - Golden Gate Activity/Kiddie Pool Date 107823Invoice # Collier County Finance Dept Scott HoltreyOrdered By Net 45Billing Terms 09/14/17Date Due Bill To Collier County Finance Dept Attn: BCC Clerk of Court 3299 Tamiami Trl E Ste 700 Naples, FL 34112 Ship To Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, FL 34116 4500178357Client PO # Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - Rebuild (2) valves on filter system Started up system upon completion; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic seals. Inspected the rest of the filter system. The site will backwash the systems, when there is no one in the pools.; 07/11/2017 - Rebuild (2) valves on filter system Started up system upon completion; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic seals. Inspected the rest of the filter system. The site will backwash the systems, when there is no one in the pools.; 07/11/2017 - Rebuild (2) valves on filter system Started up system upon completion; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - Rebuild (2) valves on filter system Started up system upon completion; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic seals. Inspected the rest of the filter system. The site will backwash the systems, when there is no one in the pools.; 07/11/2017 - Rebuild (2) valves on filter system Started up system upon completion; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Page 2 of 4 SO-124341 INVOICE 07/31/17 Order # Preventative Maintenance: Golden Gate Community Park - Golden Gate Activity/Kiddie Pool Date 107823Invoice # Collier County Finance Dept Scott HoltreyOrdered By Net 45Billing Terms 09/14/17Date Due Bill To Collier County Finance Dept Attn: BCC Clerk of Court 3299 Tamiami Trl E Ste 700 Naples, FL 34112 Ship To Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, FL 34116 4500178357Client PO # Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic seals. Inspected the rest of the filter system. The site will backwash the systems, when there is no one in the pools.; 07/11/2017 - Rebuild (2) valves on filter system Started up system upon completion; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - Rebuild (2) valves on filter system Started up system upon completion; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic seals. Inspected the rest of the filter system. The site will backwash the systems, when there is no one in the pools.; 07/11/2017 - Rebuild (2) valves on filter system Started up system upon completion; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - 07/11/2017 - 07/11/2017 - Rebuilt 2 eko3 backwash valves. Installed 6 new victaulic seals. Inspected the rest of the filter system. The site will backwash the systems, when there is no one in the pools.; 07/11/2017 - Rebuild (2) valves on filter system Started up system upon completion; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - Rebuild (2) valves on filter system Started up system upon completion; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - Single tank Pm on slide pool Rebuilt 2 eko3 backwash valves. Installed 7 new 6" victaulic seals. Inspected entire system. Page 3 of 4 SO-124341 INVOICE 07/31/17 Order # Preventative Maintenance: Golden Gate Community Park - Golden Gate Activity/Kiddie Pool Date 107823Invoice # Collier County Finance Dept Scott HoltreyOrdered By Net 45Billing Terms 09/14/17Date Due Bill To Collier County Finance Dept Attn: BCC Clerk of Court 3299 Tamiami Trl E Ste 700 Naples, FL 34112 Ship To Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, FL 34116 4500178357Client PO # Site will backwash the systems when there is no one in the pools.; 07/11/2017 - Assisted with valve rebuild;; 07/11/2017 - Assisted with valve rebuild;; Receipts Adjustments Page 4 of 4 Business Case for Commercial Energy Specialist 1. Provide information on why a particular product and/or vendor was chosen. The equipment is the original equipment set for the facility. To change over would be costly. From the purchasing the equipment to training staff "how to" operation the new equipment. 2. If the product requested is one-of-a-kind item, provide background information on how this was determined and backup resources utilized. The original facility construction specified and supplied this product line. 3. What would the impact be to change to a different product (include: training, inventory parts, maintenance, project (or staff time) to replace the item? Approximately $27K per filtration unit (county owns 14 units) depend in on the size of the pool to perform our own calibration and maintenance would require multiple personnel trained and would require a certified level involving extensive training to service the instruments. Systems that run 24/7/365 would need to be taken out of service to install other equipment. 4. If unique features are required to successfully perform the required function, identify those features and why they are required and cannot be substituted. (Be specific) Commercial Energy Specialist, Inc. is the sole source for sales, service and warranty administration within the Florida region. 5. Provide product listing of sole/single sourced items you are purchasing. Replacements and replacement parts for BECSys7 Chemical Controllers.