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Agenda 04/28/2020 Item #16C 9 (RFP #19-7592 w/Plug Smart)04/28/2020 EXECUTIVE SUMMARY Recommendation to award an Agreement for Request for Proposal (“RFP”) No. 19-7592, “Building Automation Energy Management Services,” to Juice Technologies, Inc. d/b/a Plug Smart, as a primary vendor, and Electronic System Services, Inc., as a secondary vendor, for county-wide building automation and control system services. OBJECTIVE: To obtain building automation energy management services for repairs, maintenance, training, technical support, equipment, and repair parts for County-wide building automation and control systems. CONSIDERATIONS: The Facilities Management Division and Public Utilities Department are responsible for maintaining building automation and controls and associated equipment within various County owned and leased buildings and facilities. To maintain the integrity and continuous operation of the building automation systems, including control wiring and devices and ancillary equipment and services, staff developed a comprehensive scope of work and solicited for those services. On October 9, 2019, the Procurement Services Division released RFP No. 19-7592, “Building Automation Energy Management Services,” to 9,305 vendors. Interested vendors downloaded ninety-five (95) solicitation packages, and staff received two proposals by the November 25, 2019 deadline. A selection committee convened and ranked the proposals on January 8, 2020. Staff recommends awarding RFP No. 19-7592 to Juice Technologies, Inc. d/b/a Plug Smart as the primary vendor, and Electronic System Services, Inc., as the secondary vendor. The hourly fees proposed by Plug Smart and Electronic System Services are within current industry standards for this type of work and average 12% lower than previous similar County contracts. Company Name Final Ranking Juice Technologies, Inc. d/b/a Plug Smart 1 Electronic System Services, Inc. 2 The initial Agreement term is for a five-year period commencing upon the date of Board approval. The County may, at its discretion and with the consent of the vendors, extend the Agreement for two additional two-year renewal periods. FISCAL IMPACT: Historically, Facilities Management has spent an annual approximate total of $200,000.00 for related repairs and maintenance; however, this may not be indicative of futur e expenditures based on demand. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -DDP GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: To award an Agreement for Request for Proposal No. 19-7592, “Building Automation Energy Management Services,” to Juice Technologies, Inc. d/b/a Plug Smart, as the primary vendor, and Electronic System Services, Inc., as the secondary vendor, for county-wide building automation and control system services, and to authorize the Chairman to sign the attached agreements. Prepared By: John McCormick, P.E, Principal Engineer Facilities Management Division ATTACHMENT(S) 1. 19-7592 JuiceTechnologies_Contract_Signed (PDF) 16.C.9 Packet Pg. 1797 04/28/2020 2. 19-7592 JuiceTechnologiez_Insurance_ 3-18-20 (PDF) 3. 19-7592 ElectronicSystems_Contract_VendorSigned (PDF) 4. 19-7592 ElectronicSystem_ Insurance_3-26-20 (PDF) 5. 19-7592 Notice of Recommended Award (PDF) 6. [Linked] 19-7592 Juice Technologies Proposal (PDF) 7. 19-7592 Final Rank (PDF) 8. 19-7592 Solicitation (PDF) 9. 19-7592 Addendum 1 (PDF) 10. 19-7592 Addendum 2 (PDF) 11. 19-7592 Addendum 3 (PDF) 12. [Linked] 19-7592 ESSI Proposal (flat) (PDF) 16.C.9 Packet Pg. 1798 04/28/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.9 Doc ID: 12128 Item Summary: Recommendation to award an Agreement for Request for Proposal (“RFP”) No. 19-7592, “Building Automation Energy Management Services,” to Juice Technologies, Inc. d/b/a Plug Smart, as a primary vendor, and Electronic System Services, Inc., as a secondary vendor for County-wide building automation and control system services. Meeting Date: 04/28/2020 Prepared by: Title: – Facilities Management Name: Kathleen Sibert 03/27/2020 12:18 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 03/27/2020 12:18 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 03/27/2020 12:38 PM Procurement Services Sandra Herrera Additional Reviewer Completed 03/30/2020 1:59 PM Procurement Services Evelyn Colon Additional Reviewer Completed 03/30/2020 2:10 PM Facilities Management Damon Grant Director - Facilities Completed 03/30/2020 3:00 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 04/06/2020 10:38 AM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 04/08/2020 9:23 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 04/14/2020 9:02 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 04/15/2020 4:50 PM County Attorney's Office Scott Teach Additional Reviewer Completed 04/16/2020 10:15 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/16/2020 10:41 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/16/2020 1:12 PM Budget and Management Office Ed Finn Additional Reviewer Completed 04/16/2020 5:22 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/18/2020 11:03 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/28/2020 9:00 AM 16.C.9 Packet Pg. 1799 16.C.9.aPacket Pg. 1800Attachment: 19-7592 JuiceTechnologies_Contract_Signed (12128 : Recommendation to award Agreement for RFP 19-7592, “Building 16.C.9.aPacket Pg. 1801Attachment: 19-7592 JuiceTechnologies_Contract_Signed (12128 : Recommendation to award Agreement for RFP 19-7592, “Building 16.C.9.aPacket Pg. 1802Attachment: 19-7592 JuiceTechnologies_Contract_Signed (12128 : Recommendation to award Agreement for RFP 19-7592, “Building 16.C.9.aPacket Pg. 1803Attachment: 19-7592 JuiceTechnologies_Contract_Signed (12128 : Recommendation to award Agreement for RFP 19-7592, “Building 16.C.9.aPacket Pg. 1804Attachment: 19-7592 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INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/19/2020 (614) 942-1226 (614) 942-1226 10677 Juice Technologies Inc. Dba Plug Smart 350 E 1st Ave Ste 210 Columbus, OH 43201 A 1,000,000 X ENP 0247224 6/13/2019 6/13/2020 500,000 OHIO STOP GAP 10,000 EMPLOYERS LIABILITY 1,000,000 2,000,000 2,000,000 General Aggregate 1,000,000A X ENP 0247224 6/13/2019 6/13/2020 10,000,000A X ENP 0247224 6/13/2019 6/13/2020 10,000,000 0 Collier County Board of County Commissioners is an additional insured under the commercial general liability and automobile liability policies for any and all work performed on behalf of Collier County on a primary and noncontributory basis if and to the extent required by written contract. Contract# 19-7592 Collier County Board of County Commissioners 3295 Tamiami Trail E Naples, FL 34112 PLUGSMA-01 LMOORE INSocial Risk Advisors 283 South State Street Suite 102 Westerville, OH 43081 service@insocialra.com Cincinnati Insurance Company X X X X X X X X X X X 16.C.9.b Packet Pg. 1836 Attachment: 19-7592 JuiceTechnologiez_Insurance_ 3-18-20 (12128 : Recommendation to award Agreement for RFP 19-7592, “Building SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. 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for RFP 19-7592, “Building 16.C.9.cPacket Pg. 1870Attachment: 19-7592 ElectronicSystems_Contract_VendorSigned (12128 : Recommendation to award Agreement for RFP 19-7592, “Building 16.C.9.cPacket Pg. 1871Attachment: 19-7592 ElectronicSystems_Contract_VendorSigned (12128 : Recommendation to award Agreement for RFP 19-7592, “Building 16.C.9.cPacket Pg. 1872Attachment: 19-7592 ElectronicSystems_Contract_VendorSigned (12128 : Recommendation to award Agreement for RFP 19-7592, “Building 16.C.9.cPacket Pg. 1873Attachment: 19-7592 ElectronicSystems_Contract_VendorSigned (12128 : Recommendation to award Agreement for RFP 19-7592, “Building 16.C.9.cPacket Pg. 1874Attachment: 19-7592 ElectronicSystems_Contract_VendorSigned (12128 : Recommendation to award Agreement for RFP 19-7592, “Building INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU-OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Amerisure Mutual Insurance Company Amerisure Insurance Company Lloyds of London Lloyds of London 3/26/2020 Gulfshore Insurance - SWFL 4100 Goodlette Road N Naples, FL 34103 239 261-3646 Maria Jebb 239 435-7120 239 435-2803 mjebb@gulfshoreinsurance.com Electronic System Services, Inc. 12298 Matterhorn Road Ft. Myers, FL 33913 23396 19488 15792 15792 A X X X X X CPP20809690802 09/01/2019 09/01/2020 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 B X X Drive Oth Car X X X X CA20809680801 09/01/2019 09/01/2020 1,000,000 B X X X 0 CU20809700801 09/01/2019 09/01/2020 5,000,000 5,000,000 B Y X WC209383800501 09/01/2019 09/01/2020 X 1,000,000 1,000,000 1,000,000 C D Cyber Professional Liab ASH19F004167 WG00003037AA 09/01/2019 03/25/2020 09/01/2020 03/25/2021 1,000,000 1,000,000 Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government are included as Additional Insured on a primary and non-contributory basis for General Liability per endorsement CG7048 1015 (Contractors Blanket Additional Insured Endorsement) which includes ongoing and completed operations as required by written contract. Waiver of Subrogation is included with respects to General Liability per form CG7289 0417(Florida Contractors General (See Attached Descriptions) Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, FL 34112 1 of 2 #S1535838/M1535750 ELESYClient#: 68868 MJE 1 of 2 #S1535838/M1535750 16.C.9.d Packet Pg. 1875 Attachment: 19-7592 ElectronicSystem_ Insurance_3-26-20 (12128 : Recommendation to award Agreement for RFP 19-7592, “Building SAGITTA 25.3 (2010/05) DESCRIPTIONS (Continued from Page 1) Liability Extension Endorsement). Certificate Holder are included as an Additional Insured in regards to Auto Liability per form CA7171 0508, including Waiver of Subrogation. Waiver of Subrogation in regards to Workers Compensation per form WC000313 0484. 30 Days Notice of Cancellation Except 10 for Nonpayment. 2 of 2 #S1535838/M1535750 16.C.9.d Packet Pg. 1876 Attachment: 19-7592 ElectronicSystem_ Insurance_3-26-20 (12128 : Recommendation to award Agreement for RFP 19-7592, “Building 16.C.9.e Packet Pg. 1877 Attachment: 19-7592 Notice of Recommended Award (12128 : Recommendation to award Agreement for RFP 19-7592, “Building Automation Selection Committee Scoring Sheet (STEP 1) RFP #: 19-7592 Title: Building Automation Energy Management Services Name of Firm Troy James John D.Robert John M.Total Scores Final Rank Juice Technologies Inc. dba Plug Smart 93.54 90.54 78.54 93.54 93.54 449.70 1 Electronic System Services Inc.83 80 78 82 75 398.00 2 Procurement Professional Viviana Giarimoustas Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their scoring of the proposals. Step 2: The procurement professional will review the mathematically tabulated scores determine if consensus is reached. Step 3: The Committee by concensus will determine the number of proposers to bring back for oral presentations. Page 1 of 1 16.C.9.g Packet Pg. 1878 Attachment: 19-7592 Final Rank (12128 : Recommendation to award Agreement for RFP 19-7592, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR BUILDING AUTOMATION ENERGY MANAGEMENT SERVICES SOLICITATION NO.: 19-7592 VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8375 Viviana.Giarimoustas@colliercountyfl.gov (Email) 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. 16.C.9.h Packet Pg. 1879 Attachment: 19-7592 Solicitation (12128 : Recommendation to award Agreement for RFP 19-7592, “Building Automation Energy Management 2 SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) NUMBER: 19-7592 PROJECT TITLE: BUILDING AUTOMATION & ENERGY MANAGEMENT SERVICES PRE-PROPOSAL CONFERENCE: NON-MANDATORY, Friday, October 25, 2019 10:00 AM EST LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM B, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 DUE DATE: Tuesday, November 12, 2019 10:00 AM 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: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Facilities Management Division (hereinafter, the “Division or Department”), 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. The purpose of this RFP is to establish a primary and secondary vendor to provide repairs, maintenance, training, technical support, and parts for County building automation systems. The Collier County vertical construction standard specifies the following control systems: Computrols, Delta, and Reliable; with Computrols as the front end. BACKGROUND Collier County operates approximately 805 structures throughout the county. Of the 805 structures, 43 have a building automation system (BAS) controlling the HVAC parameters i.e. temperature, humidity, equipment status, sequence of operations. These systems also control the lighting schedules and security/access systems. The BAS systems are primarily Computrols, with various Delta and Reliable ancillary components. This system controls approximately 19 chillers, 250 air handling units, 800 VAV systems and monitors over 650,000 points county-wide. The County also has some buildings with controls by Metasys and Automated Logic, that are in process of being phased out. The Collier County building automation infrastructure consists of fifty-nine (59) Computrol LX controllers serving various buildings equipped with legacy system level controllers utilizing proprietary communication protocols. The LXs are tied into a Computrols Server via the county local area network (LAN). Also tied into the county LAN is are buildings with Automated Logic controls and Metasys controls. TERM OF CONTRACT The contract term, if awards are made, is intended to be for five (5) years with two (2) two (2) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Any single job over $200,000 will require Board Approval. 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 16.C.9.h Packet Pg. 1880 Attachment: 19-7592 Solicitation (12128 : Recommendation to award Agreement for RFP 19-7592, “Building Automation Energy Management 3 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 Vendors shall have experience with building automation and energy management system, including repairs, maintenance, training, technical support, and parts with multiple building facilities and various types of county or municipality facilities such as corrections, administration, maintenance, recreational and educational facilities. Vendors shall have local sales and service representatives who shall be able to respond and be on site to a call within two hours and should be available remotely when specifically requested by the County. The County is seeking more than one vendor to provide controls work for the county facilities. The selected vendor will be one of several that will have the capability to provide controls and interface with the building automation server. Collier County preferred control systems are Computrols, Delta, and Reliable; any other system considered to be equivalent MUST be approved by the Facilities Management Division. The legacy system is Johnson Controls Metasys. Building Automation System Standards Implementation of the new user interface will be achieved via the installation of a server-based software package carrying an active BACnet Testing Laboratories (BTL) BACnet Advanced Operator Workstation (B-AWS) listing. The software may reside on a local server furnished and installed by the selected BAS vendor, a virtual server created within the Collier County IT infrastructure, or in a cloud server application, including but not limited to any type of energy management /building automation technology solutions. Maintenance and Repair of Building Automation and Control Systems Vendor must be able to install, maintain, repair and supply all components related to County building automation and control systems, including but not limited to Computrols, Delta, Reliable, Legacy Systems (Metasys) and future approved open source building automation systems. The vendor will allow County staff to purchase parts and materials for Building Automation and Control Systems for in house staff to perform minor work. Training Extent of Training: The selected vendors shall be available to provide annual training at the request and schedule of the County. The vendor(s) shall have an established training programs for systems operations and maintenance and repair. The training will be defined and referenced by previous customers. The training program shall engage a factory-authorized service representative with complete knowledge of the control system with project-specific examples and experience. The training program shall be an ongoing program to include the latest technologies and updates with access to video playback of content specific training guides. This will allow new and current maintenance personnel to revisit specific content at any time. Minimum Training Requirements: • Base extent of training on scope and complexity of the system • Provide no less than five days of on-site training total. • Stagger training over multiple training classes to accommodate County's requirements. All training shall occur before the end of the warranty period. • Total days of training shall be broken into not more than 20 separate training classes. • The vendor(s) shall video each training session including training aids with sound. The County shall be provided with three sets of each training session including handouts on CD or DVD for use with future training sessions. The County shall not be restricted from duplicating the training material including the handout material and/or the video material for future training purposes. The duplicate training material shall be delivered to the County within 10 business days of the training session. • Vendor shall include a help line assistance to the County within the warranty period, and beyond. Work Assignments The County is interested in working with vendors who are responsive to their requests for quotes and complete work in a timely manner. Product Certificates: Data Communications Protocol Certificates: Certifying that each proposed DDC system component complies with ASHRAE 135. 16.C.9.h Packet Pg. 1881 Attachment: 19-7592 Solicitation (12128 : Recommendation to award Agreement for RFP 19-7592, “Building Automation Energy Management 4 Warranty Vendor shall provide a warranty for all materials and workmanship for a minimum of one year from the date of substantial completion and acceptance of the work by Collier County. During the warranty period, the vendor shall upgrade the software at no extra charge to Collier County each time as needed. The Vendor is requested to propose options of various Manufacturer warranties to the County for consideration. 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. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 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 shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. RESPONSE FORMAT AND EVALUATION CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.7 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY’S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 2. Certified Minority Business Enterprise 5 Points 3. Business Plan 15 Points 4. Cost of Services to the County 25 Points 5. Experience and Capacity of the Firm 25 Points 6. Specialized Expertise of Team Members 20 Points 7. Local Vendor Preference 10 Points TOTAL POSSIBLE POINTS 100 Points 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*** 16.C.9.h Packet Pg. 1882 Attachment: 19-7592 Solicitation (12128 : Recommendation to award Agreement for RFP 19-7592, “Building Automation Energy Management 5 EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFQ. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. EVALUATION CRITERIA NO. 3: BUSINESS PLAN (15 Total Points Available) In this tab, including but not limited to: • Detailed plan of approach (including major tasks and sub-tasks). • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. • Include a sample training platform. • Proposed approach to controls maintenance and repairs. • Vendor is to state Manufacturer’s software and hardware Warranties • Vendor is to provide Extended Warranty Standards. • Describe how you will provide the training required to satisfy the scope of work. EVALUATION CRITERIA NO. 4: COST OF SERVICES TO THE COUNTY (25 Total Points Available) In this tab, include but not limited to:  Provide a proposed fee schedule of principals and staff (including sub-vendors). Fee Schedule Position Title Hourly Rate Project Manager Lead System Specialist System Architect/Network Engineer System Technician Service/Controls Technician Total: Markup on Materials shall be strictly 10%. Markup on subcontractors shall be strictly 15%, backup documentation must be included with invoice. The Cost of Services will be scored using the following methodology: • The greatest number of points allowed in this criterion will be awarded to the vendor who has the lowest total hourly rate combined. • The lowest cost will be divided by the next lowest cost which will then be multiplied by criteria points to determine the vendor’s points awarded. • Each subsequent vendor’s point score will be calculated in the same manner. For illustrative purposes only: Vendor Name Project Cost Points Awarded Vendor ABC $100,000.00 25 Vendor DEF $110,000.00 24 Vendor GHI $135,000.00 21 Initial pricing is for grading purposes and are subject to change during negotiations with the selected vendor. EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM (25 Total Points Available) 16.C.9.h Packet Pg. 1883 Attachment: 19-7592 Solicitation (12128 : Recommendation to award Agreement for RFP 19-7592, “Building Automation Energy Management 6 In this tab, including but not limited to: Brief description of five past projects including physical address, building's primary function, number of buildings, floor area, building system cooling and heating capacity, and description of the DDC system. It is preferable the example projects include some of the following systems/sequences; chiller/boiler plants, smoke-control, district-cooling systems, constant and variable volume airside systems, variable primary and primary/secondary/tertiary hydronic systems, humidification/dehumidification systems, dedicated outside air systems, variable-refrigerant systems and computer room air-conditioners, chillers with ice storage systems. Names of staff assigned to past projects that will also be assigned to execute the work of this Project. Include owner, mechanical contractor and architect/engineer reference contact information for past project including name, phone number, and e-mail address for each. The System Provider team shall include, on staff or as a subcontractor / consultant, professionals who possess Florida State Contractor Licenses in Mechanical and/or Electrical Contracting. The County requires that the vendor submit three (3) 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 provided in Attachment B – Form 8. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 5: SPECIALIZED EXPERTISE OF TEAM MEMBERS (20 Total Points Available) In this tab, including but not limited to: • Resumes of the project manager assigned to the County, the application engineering staff assigned to the Project, and the installation and programming technicians assigned to the Project. • Resumes of any sub-vendors to include letters of intent from stated sub-vendors. A letter of intent must be included with proposal submission. EVALUATION CRITERIA NO. 6: 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 ***Vendor should check off each of the following items as the necessary action is completed (please see, Form 2: Vendor Check List): The Solicitation Submittal has been signed. The Solicitation Pricing Document (Bid Schedule/Quote Schedule/Proposal Pricing/etc.) has been completed and attached. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. Affidavit for Claiming Status as a Local Business, if applicable. Division of Corporations - Florida Department of State – http://dos.myflorida.com/sunbiz/ (If work performed in the State). E-Verify/Immigration Affidavit (Memorandum of Understanding). 16.C.9.h Packet Pg. 1884 Attachment: 19-7592 Solicitation (12128 : Recommendation to award Agreement for RFP 19-7592, “Building Automation Energy Management Addendum 1 Date: October 22, 2019 From: Viviana Giarimoustas, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation #19-7592 Building Automation & Energy Management Services The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. The pre-proposal meeting has been moved from Friday, October 25, 2019 to Tuesday, October 29, 2019 at 9:30 AM. 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. (Signature) Date (Name of Firm) Email: Viviana.Giarimoustas@colliercountyfl.gov Telephone: (239) 252-8375 16.C.9.i Packet Pg. 1885 Attachment: 19-7592 Addendum 1 (12128 : Recommendation to award Agreement for RFP 19-7592, “Building Automation Energy Management Addendum 2 Date: November 1, 2019 From: Viviana Giarimoustas, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 Solicitation #19-7592 Building Automation & Energy Management Services The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Audio attached from pre-proposal meeting. 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. (Signature) Date (Name of Firm) Email: Viviana.Giarimoustas@colliercountyfl.gov Telephone: (239) 252-8375 16.C.9.j Packet Pg. 1886 Attachment: 19-7592 Addendum 2 (12128 : Recommendation to award Agreement for RFP 19-7592, “Building Automation Energy Management Addendum 3 Date: November 12, 2019 From: Viviana Giarimoustas, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 Solicitation #19-7592 Building Automation & Energy Management Services The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: This solicitation is being extended to Monday, November 25, 2019. 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. (Signature) Date (Name of Firm) Email: Viviana.Giarimoustas@colliercountyfl.gov Telephone: (239) 252-8375 16.C.9.k Packet Pg. 1887 Attachment: 19-7592 Addendum 3 (12128 : Recommendation to award Agreement for RFP 19-7592, “Building Automation Energy Management Page | 0 Building Automation Energy Management Services Proposal Solicitation No: 19-7592 November 12, 2019 Contents 1. Cover Letter / Management Summary .......................................... 2 2. Certified Minority Business Enterprise .......................................... 3 3. Business Plan .................................................................................. 4 4. Cost of Services ............................................................................. 19 5. Experience and Capacity of Plug Smart ....................................... 21 6. Specialized Expertise of Team Members ..................................... 35 7. Local Vendor Preference .............................................................. 50 Appendix: Required Forms and Documents .................................... 54 BAEMS Proposal Solicitation No: 19-7592 Page | 1 Table of Contents 1. Cover Letter / Management Summary ................................................................................................................. 2 2. Certified Minority Business Enterprise ................................................................................................................. 3 3. Business Plan ......................................................................................................................................................... 4 Detailed Plan of Approach .................................................................................................................................... 7 BACnet Listing ..................................................................................................................................................... 10 Warranties .......................................................................................................................................................... 16 Training Platforms .............................................................................................................................................. 17 4. Cost of Services ................................................................................................................................................... 19 5. Experience and Capacity of Plug Smart .............................................................................................................. 21 Year Company Founded ..................................................................................................................................... 23 2018 Company Revenue ..................................................................................................................................... 23 Team Biographical Info ....................................................................................................................................... 23 a. Experience, Education and Certifications ............................................................................................ 24 Examples of 5 Previous Projects ......................................................................................................................... 27 Client References ................................................................................................................................................ 32 6. Specialized Expertise of Team Members ............................................................................................................ 35 b. Key Senior Program Personnel Resumes ............................................................................................. 36 7. Local Vendor Preference .................................................................................................................................... 50 Appendix: Required Forms and Documents .......................................................................................................... 54 Professional and Educational Affiliations ........................................................................................................... 55 BAEMS Proposal Solicitation No: 19-7592 Page | 2 1. Cover Letter / Management Summary Plug Smart is pleased to present a Building Automation Energy Management Services proposal for the Collier County Government. Our team’s philosophy, experience and approach will uniquely qualify us to help ensure these services get done on time, under budget, and exceed your expectations. A brief summary of these qualifications include: • Our Philosophy: Plug Smart is not looking to implement a single project at Collier County, but rather we are looking to build a long-term partnership with you. To accomplish this objective our philosophy is simple: (i) outwork the competition; (ii) deliver high-quality projects; (iii) treat the County honestly and fairly; (iv) provide superior financial value; and (v) keep our commitments – both large and small. • Plug Smart Experience: Plug Smart has a proven track record of delivering project large and small. Our teams have successfully implemented over $250M worth of design-build projects as well. Over this timeframe, Plug Smart has never defaulted on a contractual guarantee, litigated a contract, or had a performance/payment bond revoked. • Fair Pricing: Plug Smart believes that honesty is the key to building trust and long-term partnerships. As such, upon notice of award, Plug Smart will execute the attached contract which will require us to provide the County with a full accounting of all project costs for each leg of the project. This will require us will to disclose certain project fees, and will help give taxpayers peace of mind knowing how their money is being spent. • Competitive Bidding: Plug Smart will run a competitive bid process on the County’s behalf for all major component purchases and labor subcontracts. In our program, we will create a competitive marketplace where vendors and subs are competing to earn the County’s business. Unlike our competition, we will not “sole source” or “hand” this work to an in-house mechanical contracting group as needed. This approach will give the County more choice, reduce project risk, and ultimately provide you with the best possible value. In closing, thank you once again for allowing Plug Smart to propose on this very important project. We appreciate the opportunity to work with you, and we look forward to helping make this an overwhelming success. 2019-11-08 __________________________________ ___________________________ Company CEO - Rich Housh Date Contact Info: Darrick Hatch (239) 272-8625 darrick.hatch@plugsmart.com Axel Korn (239) 877-2515 axel.korn@plugsmart.com Rich Housh (937) 403-1789 rich.housh@plugsmart.com BAEMS Proposal Solicitation No: 19-7592 Page | 3 2. Certified Minority Business Enterprise Plug Smart is not a minority owned business. BAEMS Proposal Solicitation No: 19-7592 Page | 4 3. Business Plan BAEMS Proposal Solicitation No: 19-7592 Page | 5 Business Plan Plug Smart’s team of service technicians (CBU/FBU) in Florida consists of 18+ dedicated team members. These team members are located near all major cities including Naples, Tampa, Orlando and Bonita Springs and Punta Gorda, equipped to assist the mechanical contractors in most parts of the state. These employees are cross- trained on multiple platforms and capable of troubleshooting warranty issues as needed. They are also provided with company tools, equipment, attic stock, and inventory that would they need to service the client on-site. We are able to respond to and be onsite to a call within the 2 hours and have already been authorized for remote access as needed by the county. During a recent project, a problem arose unrelated to the work that Plug Smart was executing, and subsequently caused a building’s air conditioning to shut down over a weekend when occupants were at work. After phone calls placed to the General Contractor and Mechanical Contractor yielded no response, a member from the Plug Smart team drove round-trip down to the site and was able to bring the system back online and reset the system, restoring the much-needed AC on a hot summer weekend. Plug Smart’s commitment to the customer and willingness to go above and beyond uniquely qualifies us for the task at hand. Additionally, our team members are provided smart phones and tablets that allow them to use enterprise-wide software packages like Zoho and Computerease. This gives us the ability to provide customized portals, social media plug-ins, email/telephony tracking, live chat room, help desk, FAQ/knowledge base, and auto-notification functionality to our clients. Behind the scenes our service teams can use these software tools to manage work flow, open/closed service tickets, CRM integration, warranty claims, warranty expiration, ticket assignments, ticket status updates, and service level metrics. For emergency calls, clients will get a service technician call back within 1 hour and onsite support within 2 hours if required. For non-emergency calls, clients will get a call back within 2 hour and onsite support within 1 business day. Additionally, the County will have the option to purchase a service contract that can help with other preventative maintenance and service-related tasks if needed. Examples of these types of services include: • Emergency replacement units • Unlimited telephone support • Unlimited email support • Unlimited training support • Energy consumption consultation • Pre-planned preventative maintenance visits including: o Check history of system since last maintenance visit. o Visually inspect all major components for signs of deterioration or damage and rectify as necessary (include cabling & connections where accessible). o Check all control equipment (e.g. actuators, sensors, other devices on units) for correct operational and programming (include time/date settings) o Clean control equipment as necessary o Check actuators movement and adjust as necessary. o Check sensor’s accuracy and adjust as necessary. o Check controller’s energy / memory usage. o Inspect brackets, housings & associated fittings for corrosion or damage. o Ensure clamping bolts/brackets are tightened correctly. o Physically check the network wiring system to make sure it is fully operational and report any defects or damage. Repair any minor faults. BAEMS Proposal Solicitation No: 19-7592 Page | 6 At Plug Smart, quality management is defined as the process for ensuring that all project activities necessary to design, plan and implement a project are effective and efficient with respect to the purpose of the objective and its performance. Quality management is not an event - it is a process; a consistently high-quality product or service cannot be produced by a defective process. Quality management is a repetitive cycle of measuring quality, updating processes, measuring, updating processes until the desired quality is achieved. Additionally, on our projects, quality does not mean purchasing the most expensive material or services available on the market. Quality and grade are not the same. A product may be of good quality (no defects) and be of low grade (few or no extra features). With this in mind, our procurement teams are careful when procuring material and equipment as part of this video surveillance installations. During the procurement stage, equipment/material providers are required to submit cut sheets, catalogs, references, financial, insurance, warranty, bonding (if required) and other information during the selection process. This information is collected, analyzed, compared, scored, and in most cases, shared with the client if they have an interest to be involved in the selection process. The scorecards that we use for the selections involve critical items such as past performance, financial viability, warranty/service, references, company history, risk management and other criteria depending on the project. This is the process that we use to ensure that all equipment/material would conform to quality-based project specifications, and provide the client with the best possible value. Examples of quality-based scoring criteria from past scorecards are provided below: • Functionality – Can this equipment/material perform its intended function on the project and behave as expected. • Performance – Can this equipment/material meet or exceed all the performance specifications as defined by project requirements. • Reliability – Does this equipment/material have the ability to perform as intended under normal conditions without unacceptable failures. • Relevance – Is this equipment/material pertinent, applicable, and appropriate based on its intended use or application in the project. • Timeliness – Can this equipment/material be delivered in time to meet project schedules and timelines. • Completeness - Is this equipment/material a complete solution and can it address the entire scope of services in its entirety. • Warranty/Service - Does this equipment/material come with a warranty/service packages consistent with best practices in the industry. BAEMS Proposal Solicitation No: 19-7592 Page | 7 Detailed Plan of Approach (Including major tasks and sub-tasks). In our project methodology, a typical turnkey project involves six steps. These process steps include Assessment, Design & Engineering, Material Procurement, Project Management & Implementation, System Commissioning, and Project Close-Out & Warranty. The objectives of each of these process steps in addition to their associated key activities are described in the graph below. Project-At-A-Glance: High-Level Project Steps Plug Smart follows a very detailed and proven approach to effective project evaluation and execution, as follows: 1. Assessment a. What is being requested or what needs to be accomplished? i. Issue logged in software – items are created, tracked and carefully managed, see Figure 1 below BAEMS Proposal Solicitation No: 19-7592 Page | 8 Figure 1 - Screenshot of Plug Smart Issue Tracking Software b. Evaluate the project – Additional information to take into account: i. Who are the customers? ii. What are the schedules? iii. What criteria do we need to consider before even stepping onsite? c. Who is being affected? d. What items or systems are being affected? e. How critical and at what priority should it be set at? f. Document pre-existing conditions i. Pictures taken of existing items, see Figure 2. ii. Ensure correct problem diagnosis iii. Before and after performance data iv. Sets benchmark for comparison Figure 2 - Example Report of Existing Conditions / Problem BAEMS Proposal Solicitation No: 19-7592 Page | 9 2. Design & Engineering a. Gather remaining necessary information b. Plan scope of work c. Verify scope of work with owner d. Create a tasks list specifically tailored to the job, see Figure 3 below Figure 3 - Example Task List / Schedule for Each Project Planned in Advance The Plug Smart process has an intense focus on controls. We have a tremendously deep bench of controls expertise that allows us to access and manipulate a tremendous diversity and age of control and mechanical systems. Our first action is to see if trending data is available or can be setup. If this is the case, we gather all available data and setup specific trends. Any additional information needed is gathered and used in the design of the final solution. e. Prepare Proposal or Estimate i. Include existing conditions, recommended approach to solve issue ii. For simple projects, basic estimates can be used. For more complicated or complex projects, sometimes a technical proposal is needed, see Figure 4 below. BAEMS Proposal Solicitation No: 19-7592 Page | 10 Figure 4 - Technical Proposal Figure 5 - Simple Estimate 3. Material Procurement a. Competitive subcontracts solicited as needed i. Minimum of 3 quotes for services to ensure correct pricing b. Project material is sourced from the most cost effective and trusted distributor or source c. Plug Smart sources products that are BACnet Listed (ASHRAE 135) – see below. d. Plug Smart also allows the county to purchase material direct for self-performing items as the county requires. BACnet Listing Page 1 of 2 BACnet is a registered trademark of ASHRAE. ASHRAE does not endorse, approve or test products for compliance with ASHRAE standards. Compliance of listed products to the requirements of ASHRAE Standard 135 is the responsibility of BACnet International (BI). BTL is a registered trademark of BI. BACnet Testing Laboratories Product Listing This product has been tested at a qualified BACnet Testing Laboratory and found to comply with all the necessary interoperability requirements in place on the published test date. This listing represents the tested capability of the Listed Product. For information on additional functionality that was not covered in Whe WeVW SURceVV, UefeU WR Whe MaQXfacWXUeU¶V PICS VWaWePeQW RQ Whe BI ZebViWe. Listing Information (BTL-24377) Vendor Listing Status Computrols, Inc. 2520 Belle Chasse Highway Gretna, Louisiana 70053 USA Listed Product Test Requirements BACnet Protocol Revision Date Tested Requirements as of November 2014 Revision 14 March 2016 Product Name Model Numbers Software Version VAVB-BACnet VAVB-BACnet 1 Device Profiles Profile Model Numbers BACnet Application Specific Controller (B-ASC) All models BIBBs Supported Data Sharing ReadProperty-B DS-RP-B WriteProperty-B DS-WP-B Device and Network Management Dynamic Device Binding-B DM-DDB-B Dynamic Object Binding-B DM-DOB-B DeviceCommunicationControl-B DM-DCC-B ReinitializeDevice-B DM-RD-B Backup and Restore-B DM-BR-B Object Type Support Analog Value Binary Value Device File Multi-State Value BAEMS Proposal Solicitation No: 19-7592 Page | 11 4. Project Management & Execution a. Coordinate schedules i. Request access to areas needed 1. Engage County following all contact procedures and county standards ii. Inform / coordinate with tenants / customers of scheduled work b. Assign key personnel to project based on needs and talent c. Order materials d. Site preparation e. Execute work i. Prepare reports for clients see attached report and Figure 6 below f. Cleanup worksite Project Schedule The Plug Smart Team will create a Project Control Group, overseen by the Program Manager, which will manage planning, scheduling, estimating, cost control, document control, project accounting and reporting. The Project Control Group will monitor the Schedule and Cost Baseline to ensure compliance with the overall Project objectives and will conduct forecasting, trending, change control and mitigation planning to ensure that ongoing activities comply with the Schedule and Cost Baseline. The Project Control Group will use Gantt Chart software to prepare the project schedule using the Critical Path Method (CPM), with resource and cost loading on all schedule levels. The Project Control Group will develop, monitor and update the integrated CPM Project schedules for engineering, procurement and construction. It will also monitor project progress, recommend any corrective action if required, compile all information into a Monthly Progress Report and facilitate preparation of quarterly payment requests. Below is a more detailed list of services that the Project Control Group will perform: • Project Baseline Schedule • 30-60-day look-ahead schedules • Detailed CPM coordination schedules for design, procurement, permitting, submittals, utility adjustments and construction • Weekly and monthly progress reports • Schedule requirements for bid packages • Evaluation and monitoring of Subcontractors’ schedules Plug Smart firmly believes that a detailed plan of all scheduled activities is the key to guaranteeing expedited delivery and a safe construction environment while ensuring high-quality design and construction. A well- planned job will allow the Program Manager to secure resources at the proper time and in the proper location. The management team will work to minimize adverse variances to schedule and cost baselines and implement corrective measures to correct any undesirable deviations. Schedule of Values The Schedule of Values is incorporated into the preliminary Project Baseline Schedule. The Schedule of Values will consist of a list of all Payment Activities organized in a similar manner as the schedule itself, in that the schedule will organize and group Payment Activities based on the approved Work Breakdown Structure (WBS), BAEMS Proposal Solicitation No: 19-7592 Page | 12 and will include subtotals for each WBS item at each WBS level. Users can filter the schedule to show Payment Activities along with activity identification numbers, activity descriptions, quantities, applicable units, unit prices and total values to review scheduled activities for updates and changes. Plug Smart incorporates the Schedule of Values and Payment Activities into the Project Baseline Schedule as a matter of practice, consistent with the CDA requirement to cost-load the schedule. This facilitates single-entry tracking of construction activities that are also Payment Activities, enabling revisions to the Schedule of Values allowing ensure project performance. Integration of Subcontract Activities All Subcontractors will be required to prepare detailed CPM schedules in Microsoft Project demonstrating how they plan to execute the work to meet the dates as specified in their contracts. All scheduling will clearly define all interface dates from others. Subcontractors will be required to provide monthly updates to the schedules. The Project Controls Manager and staff will integrate each Subcontractor’s schedule into the Project Baseline Schedule and advise the Program Manager of any discrepancies with the overall work plan. The Project Controls Manager will monitor Subcontractors’ schedules monthly, or more frequently if deemed necessary by the Construction Manager. The Project Controls Manager will assess each contract payment request for either percentage completed or quantities installed. All reporting of the status of the Project will include applicable schedule data reports from subcontractors. Management of Resources and Activities Plug Smart understands that even with the best plan, there will always be situations in which the Program Manager will need to adjust its resource allocation to adapt to unforeseen requirements while maintaining the current schedule progression. The Plug Smart Team will maintain production flexibility through both subcontracting and self-performing various portions of the work. Through experience developed on similar design-build contracts, Plug Smart’s approach will be to divide work for certain critical activities between more than one sub-contractor, or partially self-perform those activities. Having resources at both the Plug Smart level and the local subcontractor level increases the Developer’s flexibility and reduces the risk of delays. Although it is a complicated task, the Plug Smart Team is confident in its ability to coordinate multiple subcontractors effectively on the project through proven approaches effectively used on other equally complex projects around the world. The Project Controls Manager will constantly monitor Plug Smart Team and Subcontractor progress, with status measured against established schedule and cost baselines on a monthly basis. The group will capture commitments to-date and incurred costs with which to forecast and predict project completion. The Developer will undertake corrective actions for adverse schedule and cost variations, with the focus on quickly resolving significant deviations. If an activity starts to fall behind, the Project Control Group will carry out an analysis to understand the potential impact to the schedule. Upon identification of the cause of the potential delay, the Project Control Group will implement a set of corrective actions to achieve schedule recovery. These actions might include increasing the available workforce, working during the weekends, working overtime, reallocating crews from less critical activities to more critical ones, increasing supply, stockpiling materials and double- handling to avoid interruption of supply and negotiating incentives with subcontractors for timely completion. BAEMS Proposal Solicitation No: 19-7592 Page | 13 Schedules & Reports a) Project Master Schedule The Plug Smart Team will prepare the initial Project Master Schedule during the early phase of the Project, upon establishment of the major Project milestones, formulation of the preliminary scope and preparation of a preliminary estimate of major quantities. b) Detailed Project Schedule Plug Smart will prepare a detailed CPM schedule showing the breakdown of engineering, environmental, procurement and construction activities, coded by commitment package. c) Construction Schedule Report This report will list all planned contracts and purchase requisitions and will detail the activities and interfaces with others. The Project Control Group will update and issue a complete report weekly for actual and forecast dates. d) Subcontractors Schedule and Progress Reporting All subcontractors will be required to prepare detailed CPM schedules demonstrating how they plan to execute the work to meet the delivery dates specified in their contracts. These schedules will clearly define all interface dates with others. The Project Control Group will monitor subcontractor schedules weekly and subcontractors will update their schedules as required. Additionally, the Plug Smart team will monitor subcontractor progress monthly and more frequently if deemed necessary by the Project Manager, assessing each contract pay item for either percentage of completion or quantities installed. The Plug Smart Team will use reports such as cost reports, labor distribution reports, forecasting reports and daily cost reports to manage and control the internal means of cost control. Such reports indicate the project budgets and productions needed to achieve them, which in turn will facilitate the project schedule. The Project Control Group will submit reports to upper level management on a daily, weekly and monthly basis. Managers will communicate project budget goals throughout the organization, even to personnel at the lowest levels of responsibility. Figure 6 - Example Reports BAEMS Proposal Solicitation No: 19-7592 Page | 14 Significant Risk Categories, Probability and Consequences The process starts with a collaborative analysis of project risks. The risks may relate to technical or project management issues or some combination thereof. Next, the probability of each risk occurring is estimated along with the potential impact to the project if it does occur. This “Risk Mapping” identifies not only the likelihood of risk, but also the impact of risk on the Project. The figure below depicts a typical Risk Map. This categorization system is a common risk management device. It allows prioritization of risk into four categories: • Low Significance / Impact, Low Likelihood: Risks in this category are neither likely to occur nor to have a significant impact. They require minimal monitoring and control; unless later risk assessments show changed circumstances justify placing the risk in a different quadrant. • High Significance / Impact, Low Likelihood: Risks in this category may have significant impact, but with a low likelihood. These risks will be monitored to ensure that they do not occur or increase in likelihood. These risks are secondary priorities. • High Likelihood, Low Significance / Impact: These risks are low in potential impact, but have a high likelihood of occurring. These risks are manageable, but will be monitored to avoid unrecognized change in significance. • High Likelihood, High Significance / Impact: These are primary risks. They are both likely and high- impact. They are therefore critical to project success. The Plug Smart Team will reduce the likelihood and severity of these risks using preventative controls, with the objective of eliminating them. Initial mitigation and avoidance plans are documented for each risk. When a risk is considered highly likely or of severe impact, alternatives are defined giving more than one possible mitigation strategy. Managing risk then becomes a routine part of project work with particular attention focused on risks considered highly likely and of significant impact. Risk is regularly reviewed during progress briefings and adjustments made to the issues and mitigation strategies as needed. When a risk occurs, mitigation plans must be initiated and tracked to completion. The quality control management team will be heavily involved with the routine review of all items in this quadrant on a routine basis. The greatest risk to the success of the project will come from categories that exhibit the highest probability of occurring. These will be monitored more closely through internal audits or checks of each activity. Reports will be prepared on a weekly, monthly and quarterly basis to identify and track problem areas. For each problem area, a specific remediation plan will be prepared. This plan will then be monitored to ensure that the problem is corrected in a timely and cost-effective manner. The level of effort to mitigate a risk will be commensurate with the level of impact (cost) multiplied by the probability of occurrence. BAEMS Proposal Solicitation No: 19-7592 Page | 15 5. System Commissioning a. Project commissioning sheets generated, filed, and sent to client as required i. See example in Figure 7 Figure 7- Example AHU Commissioning Sheet 6. Closeout & Warranty a. Document installation i. Close out sheets ii. Commissioning docs iii. As-built drawings updated iv. Graphics and Sequence of Operations updates BAEMS Proposal Solicitation No: 19-7592 Page | 16 Warranties Upon final completion of project with proper closeout, the warranty period is set and the following parameters apply: Reliable Controls hardware product warranty is 5 years. Computrols hardware product warranty is for the life of the system. Both companies have a one year software warranty. See Figure 8. During the warranty period, Plug Smart will oversee the claims process until final resolution. We will not outsource this to a third-party or subcontractor. We will do this in a timely fashion and try to minimize the time and effort required by the client to assist in this process. The claims process will also cover any issues the client is experiencing with system hardware, software, networking, or other components. Additionally, Plug Smart will transfer all manufacturer’s warranties to the client during the project close-out process and honor all duration, terms and conditions as specified in these documents. Figure 8 - Example Product Warranties BAEMS Proposal Solicitation No: 19-7592 Page | 17 Training Platforms Plug Smart Training Plug Smart will provide the county annual training and specifically, a minimum of 5 days of onsite training for the products installed. Training classes will be scheduled according to the County’s requirements and around the County’s schedule, as specified in the solicitation requirements. Plug Smart will also make available video of training for subsequent reference and viewing at a later date. Any help assistance can be obtained by contacting the local Plug Smart representative or by the hotline at (800) 518-5576. Additionally, Plug Smart is concurrently holding scheduled weekly training on the Computrols system through the end of the year. Training - Computrols In addition to the initial product training as a customer, Computrols also offers frequent training courses at its global headquarters located just outside of New Orleans, LA or upon request and arrangement at the distributor’s location. Courses are taught by Computrols’ senior engineers and tech support personnel with a focus on the implementation and maintenance of Computrols building automation hardware and software. Figure 9 - Example Computrols 3-Day Training Agenda Participants are given hands-on training experience manipulating CBAS and even wiring up various types of controllers. Each training is completed over a three-day period in seven to eight-hour sessions. At the end of the course, attendees are given a tour of Computrols’ manufacturing facility (if onsite) and have the opportunity to meet the team behind the products. BAEMS Proposal Solicitation No: 19-7592 Page | 18 Computrols building automation training ranges from the most basic understanding of how to navigate the system to in-depth integration and installation guidance. No matter the level of experience, Computrols and Plug Smart have the right training course for you. Training - Reliable Controls® Reliable Controls® is committed to having the most satisfied customers in the industry, including dealers that install Reliable products and end-users that operate Reliable systems. In both cases, training and documentation are key components of achieving our goal. Reliable Controls offers extensive certification programs for our Dealers and for Operators of MACH Systems. The certification programs consist of graduated levels of online e- learning courses, short videos, and classroom courses. The main purpose of the training program is to help building operators learn how to get more value from their Reliable Controls MACH-System™ installations. Increasing an operator’s technical knowledge will help them to increase occupant comfort, save energy, and reduce maintenance costs in buildings under their control. The Operator Certification program consists of three components: an enrollment component, an online component, which includes multiple levels of short online videos capped off by an advanced classroom course component. To complete online levels one through four, students simply view a series of videos, then complete a short online exam. After completing each level, students can print out a certificate to confirm their achievement. Level five is achieved by attending the Advanced Operator Training classroom course. Figure 10 - Reliable Example Online Training Video The Reliable Controls Web Based Training (WBT) channel is a convenient distance-education curriculum that delivers short, modular, self-paced courses, 24 hours a day, 7 days a week. The first module, RC101 - An Introduction to Reliable Controls, and is available to everyone. This module is a great introduction to Reliable Controls ™. The learning interface provides seamless learning through a series of interactive slides. The interface also contains a help file, a keyword search engine, and a print function to obtain hard copies of slides for reference at a later time. Additional modules are currently available by contacting Reliable Controls®. BAEMS Proposal Solicitation No: 19-7592 Page | 19 4. Cost of Services BAEMS Proposal Solicitation No: 19-7592 Page | 20 4. Cost of Services The proposed fee schedule of principals and staff (including sub-vendors) is as follows: Fee Schedule Hourly Rate Position Title Project Manager $ 140 Lead System Specialist $ 125 System Architect / Network Engineer $ 135 System Technician $ 85 Service / Controls Technician $ 115 Total: $ 600 Markup on Materials will be strictly 10%. Markup on subcontractors shall be strictly 15%, with backup documentation provided as indicated in solicitation. BAEMS Proposal Solicitation No: 19-7592 Page | 21 5. Experience and Capacity of Plug Smart BAEMS Proposal Solicitation No: 19-7592 Page | 22 5. Experience and Capacity of Plug Smart Plug Smart’s office is located in Collier County, Florida and is within 15 miles from Collier County’s main campus, ensuring efficient mobilization as we are completing work county-wide. From North Naples to Marco Island, from Chokoloskee to Immokalee, you will have our team close by in case assistance is needed. Plug Smart was founded in 2008 by industry veteran and Collier County resident Rich Housh and is a building automation and controls services and solutions provider. We help clients analyze, design, develop, and implement design-build projects that utilize the latest and most efficient technologies, often paying for themselves through the utility, operations, and maintenance savings they create. Plug Smart has 80 full and part- time employees and is a registered S Corp. Key market segments include (i) Government (County, Federal, State, and City/Municipalities), (ii) K-12 School Districts (iii) Higher Education; (iv) Hospitals; and (v) Large Commercial/Industrial. Since 2008, Plug Smart has worked with hundreds of clients, acquiring over 500 signed contracts: over half of which were from clients operating in the public sector. Prior to founding Plug Smart, Mr. Housh was the founder and CEO of Control Solutions headquartered in Lebanon, Ohio. Over a 25-year period, Mr. Housh grew this business to 500 employees, 17 offices and implemented more than $250 million of energy projects on five continents. In 2002, Housh sold the company to TAC/Schneider Electric, an $18B French company, for $75M. Plug Smart operates as the most refined iteration of Mr. Housh’s vision. A partial list of Plug Smart's services, building automation, security and access, energy engineering, project development, consulting, and project management services include: • Controls engineering services including designing, implementing, commissioning and retro- commissioning security and access controls (SAC), remote monitoring, DDC maintenance, and smart building systems. • Building systems consulting services including energy audits and assessments, owner’s representative services, measurement and verification, green energy and energy efficiency training, and energy engineering design services. • Design-build project development and implementation including security and access controls, lighting systems, HVAC systems, roofing, windows, information technology, food services, control systems, motors, drives, precision clean rooms, compressed air systems, demand limiting, asphalt rehabilitation, masonry and concrete repair, flooring, electrical service and performance contracting services. • Facility and energy master planning services designed to document and quantify long-view infrastructure roadmaps. • On-site generation services including project development services, cogeneration, CHP, solar, power purchase agreements, feasibility studies, financial modeling, generation site planning and logistics, third party financing. . BAEMS Proposal Solicitation No: 19-7592 Page | 23 Year Company Founded 2008 2018 Company Revenue $23,725,000 Team Biographical Info Program Organization Chart BAEMS Proposal Solicitation No: 19-7592 Page | 24 a. Experience, Education and Certifications Key Senior Program Personnel – Experience, Education, Certifications Name Title/Role Experience (years) Education and Training Program Management Richard Housh CEO 40 BS Education, Miami University HVAC Tech, University of Cincinnati Certified Energy Manager Dave Zehala President 30 BS Electrical Engineering, Ohio State MBA, University of Texas at Austin Certified Energy Manager Bob Holstein COO – FBU 35 Darrick Hatch VP Business Dev. 15 BS, Mechanical Engineering, U. of Hawaii MBA, Chaminade University Lucas Dixon Field Ops Manager 10 BA Political Science, Ohio State Certified Energy Manager Engineering and Design Dan Papay, PE Engineering Lead 28 BS Mech Engineering, Virginia Tech MS Mech Engineering, Wright State MBA, Wright State Licensed Professional Engineer (PE) LEED AP Mark Miller Systems Lead 25 AAS, Columbus State 20+ Industry-related Factory Certifications Steve Boyce Systems Manager 32 BS Elec Engineering, Franklin Univ. Certified Energy Manager Business Energy Professional Matt McMillen Sr Systems Engineer 28 U.S. Navy Nuclear Power School Certified Energy Manager Sam Miller Sr Systems Specialist 25 AAS, Columbus State 20+ Industry-related Factory Certifications Support Tom Martin Program Controller 27 BS Architectural Eng., Penn State Certified Energy Manager Mazen Moghannam Development Manager 20 BS Management, Chico State Andy Deems Development Manager 28 5+ Industry-related Factory Certifications Jimmy Furr Account Manager 19 BS Business Administration, Franklin Colleen Lorms Project Admin 20 Licensed Notary BAEMS Proposal Solicitation No: 19-7592 Page | 25 Name Title/Role Experience (years) Education and Training Installation and Service Axel Korn Installation Lead 27 C7 Low Voltage Contractor Certified Specialty Electrical Contractor John Blake PM Lead 12 Florida Licensed Low-Voltage Contractor 2-year Industrial Electronics Certificate Mike Albright Service Lead 30 BS Mathematics, Miami University Certified Energy Manager Business Energy Professional Certified Demand Side Manager Cody Callanan Controls Project Mgr. 20 Reliable Controls Certified Dealer A+/Net+ Certification Plug Smart is a strategically assembled group of industry professionals. Our team members hold and maintain the most advanced certifications in the building automation and security / access control industry, strengthened by our decades of experience. As a function of our internal training and certification plan, we have developed strong working relationships with various manufacturers to ensure our expertise and equipment knowledge is up-to-date. When relevant, we leverage our strong manufacturer and vendor network to brainstorm and solve client issues. Plug Smart maintains necessary licensure with pertinent suppliers to provide the option of additional phone support, remote login, and onsite visit to the Client. Brief descriptions of the certifications that the team members hold are provided below: Microsoft Certified Systems Engineer (MCSE), demonstrates the necessary abilities to move companies to the cloud, increase user productivity and flexibility, reduce overall data loss, and improve the data security. Steps to achieve the MCSE designation include (i) earning a Microsoft Certified Solutions Associate (MCSA) certification; (ii) passing one of the handful of 70-3XX exams (specific exam varies depending on area of focus), (iii) earn MCSE Productivity Certification; and (iv) completing all necessary continued education. The MCSE certification does not expire and can be used to satisfy one of the requirements to become a Microsoft 365 Certified Enterprise Administrator Expert. Professional Engineers (PE), licensed by the State government when they have met the legal requirements sufficient to be permitted to practice engineering. Licensure is a way to protect public health, safety, and welfare. Engineers who have earned the PE designation have at the least a Bachelor’s Degree in Engineering, they have passed both the Fundamentals of Engineering and Principles of Practice examinations given by the National Council of Examiners for Engineers and Surveyors and have four years of practical experience in the engineering field. Certified Energy Managers (CEM), professionals who have distinguished themselves as leaders in the field of energy efficiency. These individuals have demonstrated high levels of experience, competence, and proficiency in the field of energy management. The CEM designation is recognized as the standard for qualifying energy professionals by the US Department of Energy (DOE), the Office of Federal Energy Management Programs (FEMP), the US Agency for International Development, numerous state energy offices and private corporations. BAEMS Proposal Solicitation No: 19-7592 Page | 26 Certified Measurement & Verification Professionals (CMVP), the most qualified professionals in this growing area of the energy industry, and raising the overall professional standards within the measurement and verification field. The International Performance Measurement & Verification Protocol (IPMVP), first established by the U.S. D.O.E., has become the internationally recognized protocol for performance measurement and verification (M&V). The IPMVP guidelines, built with the help of organizations from 16 countries and hundreds of individual experts from 25 nations, provides a consistent, reliable approach to M&V around the world. Leadership in Energy & Environmental Design Accredited Professionals (LEED AP), leaders in the field and active participants in the green building movement. With jobs specifying the need for green building expertise, a LEED credential shows a clear commitment to professional growth, while underscoring value to LEED project teams and sustainability-focused organizations. Certified Sustainable Development Professionals (CSDP), individuals who have demonstrated high levels of experience, competence, proficiency, and ethical fitness in the sustainable development and environmental practices. The CSDP is a professional with expertise in Developing & Implementing Sustainability Programs, Environmental Issues, Alternative Energy & Carbon Reduction, Sustainable Policy Programs, Energy Efficiency Technologies in Sustainable Buildings, Impact of Sustainable Development Policies, Renewable Energy, Sustainable Transportation, Water Conservation and Financial Assessments. AEE's Certified Business Energy Professionals (BEP), business/marketing and energy professionals who have demonstrated a high level of competence and ethical fitness for business/marketing and energy management related disciplines, as well as laws governing and affecting energy professionals. BAEMS Proposal Solicitation No: 19-7592 Page | 27 Below are listed 5 past projects that Plug Smart has completed to illustrate the experience and capacity of our company. Examples of 5 Previous Projects Project Profile 1 NAPLES COMMUNITY HOSPITAL Contact Information Buildings Floor Area (ft2) Lee Wehr, Director of Engineering – (239) 624-2853 6 865,000 Pre-Project Conditions The premier primary health care provider in Naples and Collier County. 715 beds in two large hospitals. CEP (Central Energy Plant) in both hospital campuses. 3,000 Ton capacity at downtown campus and 2,200 Ton capacity at north campus. Five disparate BAS / DDC systems downtown, and three disparate DDC systems at north. Addressed numerous end of life mechanical systems at three major facilities due to age and lack of maintenance. Very high operational costs compared to peer group in terms of energy and maintenance costs, energy utilization index (EUI. EMS / BAS was antiquated, cumbersome to use, and non-compliant with NCH IT security requirements. Proprietary protocols, obsolete and unsupported hardware and software, and lack of modern EMS / BAS capabilities. Downtown Hospital North Naples Hospital SCOPE DESCRIPTION: Solution § LII ASHRAE audit of entire facility Team Plug Smart was hired by NCH to perform a detailed IGEA (investment grade energy audit) in order to assess all primary facilities, analyze annual utility expense, ID and quantify all mechanical and electrical assets, including conditional analysis, risk of catastrophic failure, determine non-code compliant system risk, as well as to develop a full and comprehensive EMP (Energy Master Plan) for the Administration and Board of Directors for NCH. The EMP has been prioritized and is being implemented by Team Plug Smart for the past three years and will continue to be implemented over the next 7 years. In full cooperation and partnership with NCH Facilities, Finance, and Administrative policies and procedures. Plug Smart developed a sustainable Energy Master Plan where the reductions in energy and maintenance costs paid for the upgrades over several years. Collectively, these upgrades will reduce NCH's electric bills by 47% and gas bills by 52% while also addressing end of life capital projects. § Systems analysis on all EMS / BAS hardware / software. § Entire facility utility consumption benchmarking and analysis § Upgrade all operating rooms to meet current AHCA codes and standards at both campuses § Upgrade outdoor and non- patient care lighting to LED BAEMS Proposal Solicitation No: 19-7592 Page | 28 Project Profile 2 GROWTH MANAGEMENT DIVISION Contact Information Buildings Floor Area (ft2) Jamie French, Deputy Department Head - (239) 252-5717 1 20K+ Pre-Project Conditions The Growth Management Division property underwent a substantial HVAC and roofing renovation. Due to the upgraded equipment on the chilled water side, interior conditions on the annex side of the building began to deteriorate as new, colder and more efficient equipment began to over-cool the areas. Existing legacy controls were antiquated and inadequately functioning to regulate the temperature for building occupants. Growth Management Division SCOPE DESCRIPTION: Solution § Alleviate cold calls Team Plug Smart was hired to alleviate the problem and to implement measures to fix existing non-functional controls. After a careful and documented evaluation, Plug Smart found the existing legacy controls to be non-functioning, and rapidly replaced the temperature controls boards and relays as needed to provide comfortable spaces for the building’s occupants. Additionally, the new controls came with displays and the ability for the occupants to adjust their own temperatures (within a dead-band) to their preferred setpoint, further raising occupant satisfaction. § Evaluate existing controls § Replace non-functional / operational devices § Perform work after- hours General Contractor of Record: DEC Contracting, (239) 332-4322 BAEMS Proposal Solicitation No: 19-7592 Page | 29 Project Profile 3 VA (CLEVELAND) MEDICAL CENTER Contact Information Buildings Floor Area (ft2) Steven Barlow, VAMC Energy Engineer – (216) 791-2300 5 ~3,000,000 Pre-Project Conditions The Louis Stokes VA Medical Center is a federal VA hospital in Cleveland, Ohio. The chilled water plant included four (4) 1,600 ton Trane chillers and various smaller process and definite purpose chilled water systems. The heating plant included four (4) boilers and associated boilerhouse equipment. The DDC system includes a variety of systems on separate networks including Trane, Andover, Allen Bradley, Schnieder, Alerton, and several other lesser systems scattered throughout the facility. Partial Existing Andover System Partial Square D Metering System SBS Home Page SCOPE DESCRIPTION: Solution § ASHRAE audit of entire facility to develop E/SMP Used E/SMP including facility benchmarking to identify exhaustive list of available ECMs. Implemented portion featured consolidation and integration of more than ten disparate controls systems while maintaining data continuity to properly operate the facility. Plug Smart coordinated this effort with the site staff from the Boiler, Chiller, HVAC, Electrical, and Energy Engineering departments. The client specified system, included a Tridium front-end for implementing the GUI, trending, alarming and reporting. Flowmeters were specified for system water flow measurement. All communications protocols were standardized, and BACnet was chosen for its positive industry reputation, its superlative support, and its robust testing methodology for manufacturer compliance. Since completion of this project, the VA is moving towards BACnet as its standard protocol at the controller level. § Systems analysis on all EMS / BAS hardware / software. § Entire facility utility consumption benchmarking and analysis § Consolidated DDC System § Energy Dashboard § 3rd Party Analytics § Variable Frequency Drives § Full Server and Workstation Overhaul § Ultrasonic Flow Meters Technical Highlights § Integrated seven (7) protocols § Integrated 16 manufacturers § Connectivity without interrupting normal system operation. § Exhaust Fan Airflow Measurement BAEMS Proposal Solicitation No: 19-7592 Page | 30 Project Profile 4 OHIO NORTHERN UNIVERSITY Contact Information Buildings Floor Area (ft2) Marc Staley, Director of Facilities – (419) 772-2462 30 1,700,000 Pre-Project Conditions Ohio Northern is a private, Methodist –affiliated University in Ada, Ohio that was ranked #2 by U.S. News & World Report for Regional Universities (Midwest) in 2008, 2009, 2010, and 2013. In fall 2014, ONU hired Plug Smart to develop a Campus-wide Energy Master Plan (EMP) in a effort to support the University’s sustainability goals. The objective of this study was threefold: (i) benchmark the energy performance of campus facilities against a higher education peer group; (ii) conduct an energy audit identifying the worst performing energy systems on campus; and (iii) provide project development and implementation planning support services. The audit covered 30 academic and residential buildings totaling 1.7M square feet. Outside of a centralized Hot- Water/Chilled-Water plant that serves the Science, Engineering, Pharmacy, Library and Chapel, each building has its own heating and cooling system. Most of the major HVAC equipment is controlled by a legacy buidling automation system that is past is useful life, obsolete and no longer supported by the manufacturer. Dicke Hall Central Campus SCOPE DESCRIPTION: Solution § Internal/External Benchmarking Deliverable The Benchmarking analysis determined that ONU’s energy consumption was 8-10% higher than its peer group. Plug Smart also found that geothermal buildings were underperforming when compared to PTAC counterparts. The benchmarking analysis suggested that ONU could reduce its energy costs by 20% by addressing inefficient building systems, deferred maintenance and aging infrastructure that is near of past its end of life. The energy audit identified utility, operations and maintenance savings in the areas of lighting retrofits, HVAC upgrades, building automation and temperature control, high efficiency motors, fuel switching and other project areas. The audit identified $7.4M worth of energy projects, $419k worth of utility incentives, $589k worth of annual utility savings, and $312k worth of annual operations and maintenance savings. The simple payback for the proposed projects was 7.8 years. § LII ASHRAE Audit of Campus Building § Prioritization of Top 10 Worst Performers § Energy Master Plan with Financials for all identified Measures § Project Implementation Planning & Prioritization § Pace Technical & Financial Analysis Technical Highlights § Energy Master Plan addressed end of life equipment while shaving electric spend by 21% and gas spend by 23%. BAEMS Proposal Solicitation No: 19-7592 Page | 31 Project Profile 5 UNIVERSITY OF TOLEDO Contact Information Buildings Floor Area (ft2) Chuck Lehnert, VP Facilities – (419) 520-1447 93 4,700,000 Pre-Project Conditions Among other projects, Plug Smart worked with the University to install the largest solar installation on a state college in the Midwest utilizing thin film solar PV technology that was pioneered at the University. Plug Smart also worked with the University to install electric vehicle charging stations at several key places across the campus. Plug Smart was then retained to perform an ASHRAE level 3, investment grade energy audit of the entire university (3 campuses). 1.2 MW Solar Installation Wolf Hall AUDIT DESCRIPTION: Solution § ASHRAE LIII audit at all three campuses The ASHRAE Level III audit created the technical analysis for the creation of the University of Toledo's energy master plan. With this plan, the university administration could then prioritize capital expenditure to projects with the best return on investment. Subsequent to the completion of this plan, Plug Smart completed energy savings projects at Wolf Hall and the University of Toledo Medical Center. The projects focused on installing new direct digital controls systems that both improved facility operation and saved energy. To this day, the energy master plan Plug Smart developed is used to guide the universities investment in their facilities. Most recently, Plug Smart personnel were able to help UT cancel their existing service contracts and consolidate their controls systems to 1 non- proprietary building management solution which has become an ongoing initiative. The most recent controls upgrade cost $275K and had a 6-month payback. § Identified $20M in ECMs § Total annual savings of $3.5M § 5.8-year Simple Payback § Energy Master Plan with Financials for all identified Measures BAEMS Proposal Solicitation No: 19-7592 Page | 32 Client References Reference Questionnaire Solicitation: BAEMS Proposal Solicitation No: 19-7592 Reference Questionnaire for: Plug Smart (Name of Company Requesting Reference Information) Axel Korn (Name of Individuals Requesting Reference Information) Name: LeeWehr (Evaluator completing reference questionnaire) Company: CH Healthcare SystemsN (Evaluator’s Company completing reference) Email: lee.wehr@nchmd.org FAX: Telephone: 239-624-2853 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: NCH AHU replacement project___________________________ Completion Date: ___9/2017__________________________ Project Budget: $1,100,000__________________________ Project Number of Days: _____90__________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 9 2 Ability to maintain project schedule (complete on-time or early). 9 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 9 5 Professionalism and ability to manage personnel. 9 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 9 7 Ability to verbally communicate and document information clearly and succinctly. 9 8 Abiltity to manage risks and unexpected project circumstances. 9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 9 10 Overall comfort level with hiring the company in the future (customer satisfaction). 9 TOTAL SCORE OF ALL ITEMS 90 BAEMS Proposal Solicitation No: 19-7592 Page | 33 Reference Questionnaire Solicitation: BAEMS Proposal Solicitation No: 19-7592 Reference Questionnaire for: Plugsmart (Name of Company Requesting Reference Information) Darrick Hatch (Name of Individuals Requesting Reference Information) Name: Sam Moreland (Evaluator completing reference questionnaire) Company: United Mechanical, Inc. (Evaluator’s Company completing reference) Email: smoreland@umihvac.com FAX: 239.939.4225 Telephone: 239.939.4502 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: Behavioral Health Unit & Oncology Completion Date: 04/06/2017 Project Budget: $105,000.00 Project Number of Days: 5 Months Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 BAEMS Proposal Solicitation No: 19-7592 Page | 34 Reference Questionnaire Solicitation: BAEMS Proposal Solicitation No: 19-7592 Reference Questionnaire for: Juice Technologies Inc., dba Plug Smart (Name of Company Requesting Reference Information) Mark Kopera (Name of Individuals Requesting Reference Information) Name:Chuck Lehnert (Evaluator completing reference questionnaire) Company:University of Toledo (Evaluator’s Company completing reference) Email: charles.lehnert@me.com FAX: n/a Telephone: 419-262-9540 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: _Energy master planning, 1.1MW solar facility and 150kW wind turbine generator Completion Date: January 2014 Project Budget: $5.6M_________________________ Project Number of Days: 270____________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 BAEMS Proposal Solicitation No: 19-7592 Page | 35 6. Specialized Expertise of Team Members BAEMS Proposal Solicitation No: 19-7592 Page | 36 6. Specialized Expertise of Team Members b. Key Senior Program Personnel Resumes Dave Zehala President Mr. Zehala is Plug Smart’s President and brings more than 30 years of general management, consulting, engineering, operations, and business development experience to this role. Most recently, Mr. Zehala managed a business portfolio of early stage startup companies that provided business consulting services for entrepreneurs and business professionals. Prior to 2004, Mr. Zehala served as Vice President of Sales and Marketing for Allegro Development, an energy management and technology company that helps corporations manage the production, purchase, transport, sale and consumption of natural gas, electric power, crude oil, natural gas liquids, refined products, and coal. In this role, Mr. Zehala was responsible for leading the company’s worldwide sales and marketing efforts including new business development, customer relationship management, marketing communication, and business alliances. Prior to 1999, Mr. Zehala served as a Manager with the Deloitte & Touche Consulting Group, one of the nation’s leading consulting firms for business strategy, operations, technology and process improvement. In this role, Mr. Zehala was responsible for helping electric utility companies and other clients implement mission-critical software applications allowing them to increase their operational efficiencies, improve their relationships with customers, and leverage information across the client’s supply chain. Prior to 1996, Mr. Zehala served as a Director of Strategic Accounts, for Schlumberger Technologies, a leading manufacturer of automatic test equipment (ATE) for the global semiconductor industry specializing in analog, digital, memory, mixed-signal and wireless semiconductor devices. In this role, Mr. Zehala was responsible for leading the worldwide sales and marketing efforts associated with Schlumberger’s most strategic accounts. A partial list of clients includes The Ohio State University, University of Cincinnati, University of Toledo, General Electric, Nationwide Realty, North Olmsted City Schools, City of Toledo, North Canton Local Schools, Marlington Schools, London City Schools, Washington Local Schools, Archbold Schools, Mr. Zehala’s expertise includes lighting systems/controls, building automation systems, geothermal systems, air/water cooled heat pumps, cogeneration systems, boiler systems, chilled water systems, energy auditing, security and access control, energy policy, tax projects, project financing, renewable energy, air quality and ventilation, heat recovery concepts, and commissioning. Mr. Zehala is a Certified Energy Manager and earned a Bachelor of Science Degree in Electrical Engineering from The Ohio State University, and a Master’s degree in Business Administration from the University of Texas at Austin. Bachelor of Science, Electrical Engineering Ohio State University Master of Business Administration University of Texas at Austin Certified Energy Manager Association of Energy Engineers 30 Years’ Experience BAEMS Proposal Solicitation No: 19-7592 Page | 37 Richard Housh QA/QC Manager Mr. Housh is Plug Smart’s Chairman of the Board, CEO and co-founder. Mr. Housh has successfully started, managed and sold numerous businesses over the past 35 years. These businesses were engaged in energy services, environmental management, security software, and monitoring and control technology and services. In developing these enterprises, Mr. Housh utilized a potent combination of entrepreneurship, traditional management discipline and high impact national alliances and sales programs to achieve extraordinary results. In 2001, Mr. Housh sold Control Solutions, a company he founded and grew into a national $75 million in revenues business, to TAC/Schneider Electric, an $18 billion French company. Prior to selling Control Solutions to TAC/Schneider, in 1998 Mr. Housh sold fifty percent of the same business to DQE, Inc., an NYSE-listed energy utility. Between 1998 and 2001, Mr. Housh led, through the vehicle of Control Solutions, important elements of DQE’s national expansion in energy management and services. In 2001, Mr. Housh and his management team repurchased the fifty percent interest owned by DQE, thereafter further expanding and strengthening the business, culminating in the sale of Control Solutions to TAC/Schneider in 2001. A partial list of clients includes Collier County Government, Naples Community Hospital, The Ohio State University, University of Cincinnati, University of Toledo, General Electric, Fifth-Third Bank, Stow-Munroe Falls City Schools, Nationwide Realty, Highland Local Schools, North Olmsted City Schools, City of Toledo, Cincinnati Public Schools, Columbus Zoo, Crown Battery, and University Hospital, PNC headquarters in Columbus and Akron Ohio. Mr. Housh’s facilities services expertise includes, but is not limited to security and access control, life safety, fire systems, lighting systems/controls, building automation systems, geothermal systems, air/water cooled heat pumps, cogeneration systems, boiler systems, chilled water systems, energy auditing, energy policy, tax projects, project financing, renewable energy, air quality and ventilation, heat recovery concepts, and retro-commissioning. Mr. Housh is a Certified Energy Manager and serves on numerous business and non-profit boards, including the Conservancy of Southwest Florida, the Southwest Florida Land Preservation Trust and the Rails to Trails Conservancy. After attending the United States Naval Academy, Mr. Housh completed his B.S. in Education from the Miami University in Oxford, OH. Bachelor of Science, Education Miami University HVAC Technology University of Cincinnati Certified Energy Manager Association of Energy Engineers 40 Years’ Experience BAEMS Proposal Solicitation No: 19-7592 Page | 38 Darrick Hatch VP Business Development Darrick Hatch, Vice President of Business Development for Plug Smart is a seasoned sales executive with a mechanical engineering degree from the University of Hawaii and an MBA from Chaminade University of Honolulu. He has held senior and area sales positions at Siemens Industry Inc, Mitsubishi Electric, and Johnson Controls where he focused on energy efficiency and automation for large clients in the healthcare, higher education, and commercial vertical markets. Darrick recently served as a member of the Sustainability Board for the City of Boca Raton, FL and speaks fluent Portuguese. A partial list of previous clients includes University of Hawaii, Kaiser Permanente, Baptist Health South Florida, Memorial Health System, HCA Healthcare, and Collier County Government. Prior to 2005, Mr. Hatch was the President and CEO of Sight & Sound Media Systems / Hawaii Home Theater where he designed and developed high-end A/V systems including: Security, Audio, Video, Surveillance Cameras, Surround Sound, Displays, Music Systems, Networking, Integration, and Control of all the mentioned systems. (Lighting Control, HVAC, Shades, Energy Mgt, ). Bachelor of Science, Mechanical Engineering University of Hawaii MBA, Chaminade University, Honolulu 15 Years’ Experience BAEMS Proposal Solicitation No: 19-7592 Page | 39 Bob Holstein Operations Manager Mr. Holstein is an experienced mechanical systems specialist and has a strong focus on building automation and energy conservation. Prior to his role at Plug Smart, Mr. Holstein was an Area Service Manager of Controls for Limbach Inc. in Columbus, Ohio. In this role, he worked closely with internal resources and customers to maintain quality of solutions and effective service. He also hired, trained, and managed field resources to deliver the company’s services and solutions. As this was a leadership role, he monitored product quality and communicated necessary improvements to the entire Controls Department, set and administered department budgets for expenditures, materials and labor, and developed written plans and proposals as the customer’s primary point of contact. Prior to this role at Limbach, Mr. Holstein held several roles as an individual contributor to Limbach including Senior Controls Technician, Project Manager, and Controls Technician. 30 Years’ Experience BAEMS Proposal Solicitation No: 19-7592 Page | 40 Scott Brennan Chief Operating Officer - CBU Mr. Brennan is a seasoned executive leader with over 20 years’ experience in the building technologies industry. Mr. Brennan has developed and supported proven energy and automation programs across multiple vertical markets. His focus on strategic process development, continuous improvement, and operational efficiency has assisted companies deliver quality services and solutions. Before coming to Plug Smart, Mr. Brennan served as the Vice President of Operations Evolve Controls, LLC, a hospitality guest room control company. Mr. Brennan was responsible for developing the service business line, operations/field management, and QA/QC for project implementation. Mr. Brennan provided executive oversite for strategic planning, the product development team, and external partner teams. Prior to Evolve Controls, Mr. Brennan held numerous roles during his 15- year tenure with the Siemens Building Technologies division of Siemens Industry. These roles include sales, engineering, and service/installation for K12, University, Healthcare, Pharma, Government markets. He developed $3m+ in service and energy project work for his market segments along with managing established service obligations. Mr. Brennan had achieved multiple achievement recognitions for customer excellence and sales growth while being with Siemens. Mr. Brennan served in the United States Navy as a Sea Bee “UT”, working with plumbing, heating, steam, compressed air, fuel storage, and distribution systems. Mr. Brennan has completed coursework in business administration and CCNA/CCNP certifications at Syracuse University and University of Maryland. Project Management Professional Certified 20 Years’ Experience BAEMS Proposal Solicitation No: 19-7592 Page | 41 Lucas Dixon Field Operations Manager Mr. Dixon is an expert in energy efficiency and facility improvement project development and project management. Mr. Dixon has developed and completed projects across the Midwest and Southern United States. He has experience in HVAC systems, building automation systems, lighting systems, renewable generation systems, combined heat and power systems, and rebates/grant administration. Mr. Dixon currently spends half of his time coordinating Plug Smart’s engineering team and the other half working with customers to solve important facility problems. Mr. Dixon has helped grow Plug Smart from an early-stage, pre-revenue company to over $25 million in annual sales. Plug Smart has been recognized by INC 500 as one of the fastest growing privately held companies for three consecutive years. Columbus’ Fast 50 recognized Plug Smart as the 3rd fastest growing company in 2014. While a student at The Ohio State University, Mr. Dixon co-founded and was a student leader of the Ohio State University Solar Decathlon Team. The team of students designed and built a solar-powered home for the Department of Energy Sponsored Solar Decathlon Competition. Mr. Dixon was additionally honored as one of two selected speakers to open the event. Mr. Dixon’s speech followed Secretary of Energy Stephen Chu’s remarks. Mr. Dixon is a Certified Energy Manager (CEM) and is a Building Performance Institute (BPI) certified energy auditor. Mr. Dixon holds his B.A. in Political Science from The Ohio State University. Bachelor of Arts, Political Science Ohio State University Certified Energy Manager Association of Energy Engineers Certified Energy Auditor Buildings Performance Institute 10 Years’ Experience BAEMS Proposal Solicitation No: 19-7592 Page | 42 Dan Papay, PE Engineering Lead Mr. Papay is a Professional Engineer with BSME, MSME, MBA (finance concentration) and over 28 years of solid, wide-ranging experience in design engineering, construction, contract negotiation and administration, facilities, financial, and personnel management. He has strong project management skills plus a proven ability to take projects from conception to completion on time and within budget. Before working at Plug Smart, Mr. Papay was the Associate Vice President for Facilities Management and Services at Wright State University. His responsibilities in that role included overseeing four functional areas including 18,000 students, totaling over 3 million square feet. Additionally, he oversaw the departments of Planning & Architecture, Engineering & Construction, the Physical Plant, Environmental Health and Safety, and approximately 180 employees. Also, in that role, Mr. Papay maintained a six-year capital plan with projects in the various stages of planning, design, and construction typically totaling $50 - $100 million and had an annual Maintenance budget of over $15M. Notable projects he completed in that role included the new construction of a $37M Neuroscience Lab, new construction of $17M Classroom building and $25M Energy Performance Contract. Prior to his roles at Wright State University, Mr. Papay also worked in the private sector as a mechanical design engineer from 1990 to 1995 at Mussett, Nicholas Associates, Engineers and Architects and H.A. Williams in Indianapolis and Columbus respectively. In this role, he served large private and public sector clients including United Airlines, Indianapolis Public Schools and Indianapolis Newspapers Inc., with projects ranging in worth from $1 million to $50 million. Mr. Papay’s professional affiliations include American Society of Mechanical Engineers (over 25-year member), registered Professional Engineer (Ohio and Indiana), and LEED Accredited Professional since 2004. Bachelor of Science, Mechanical Engineering Virginia Tech Master of Science, Mechanical Engineering Wright State University Master of Business Administration, Wright State University Professional Engineer Ohio, Florida, Indiana and Michigan Associated Professional (LEED AP) U.S. Green Building Council’s Leadership in Energy and Environmental Design 28 Years’ Experience BAEMS Proposal Solicitation No: 19-7592 Page | 43 Tom Martin Program Controller Mr. Martin is Plug Smart’s Chief Financial Officer. Mr. Martin has been part of the commercial design and construction industry for over 27 years, specializing in HVAC and Plumbing systems design, installation and service- related businesses. Mr. Martin’s experience includes directly and personally managing over $100-million of design/build, design/assist, plan & spec, and performance contracting type projects. From 2010 to 2012, Mr. Martin served as a Certified Facilitator for Verus Global, a Denver-based globally recognized leadership development and acceleration firm, serving numerous Fortune-500 client-partners in North America and Europe who specialize in the consumer product manufacturing and oil support industries. His role included interfacing deeply with senior leadership and executive teams, and facilitating foundational and custom leadership processes that build and develop team alignment, communication, engagement, ownership, and the building, teamwork, and trust. From 1999 to 2009, Mr. Martin served as Senior Executive Operations Leader, Board of Director and Managing Partner/Shareholder of TP Mechanical (a mid-west based, full-service Mechanical Contractor). In these roles, Mr. Martin was responsible senior and executive level operations management, developing and implementing business strategy and growth initiatives, senior and executive level operations management, project and design management, estimating, budgeting, project scoping, proposal writing, procurement, contract administration, project risk evaluation, training and culture-building initiatives, and developing and launching an employee career development process. Mr. Martin’s energy services expertise includes HVAC, lighting systems/controls, building automation systems, geothermal systems, air/water cooled heat pumps, cogeneration systems, boiler systems, chilled water systems, energy auditing, energy policy, project financing, renewable energy, air quality and ventilation, heat recovery concepts, and retro- commissioning. Mr. Martin is a Certified Energy Manager and holds a Bachelor of Architectural Engineering from Penn State University (Construction Management emphasis), is a 9-year Apprenticeship Instructor for HVAC Systems Design and Commissioning. He is also an Associated Builders & Contractors instructor of Project Management and Estimating, and a long- time member of AHSRAE (American Society of Heating, Refrigeration, and Air Conditioning Engineers, Inc.). Bachelor of Science, Architectural Engineering Penn State Certified Energy Manager Association of Energy Engineers 27 Years’ Experience BAEMS Proposal Solicitation No: 19-7592 Page | 44 Mr. Axel Korn Florida Business Unit Leader Degree in Computer Science & CIS Experience: 28 years Mr. Korn is Plug Smart’s Senior Project Manager and the Plug Smart Florida Business Unit leader. He has founded, owned and operated Technology Infrastructure businesses in California & Florida for 26 years with extensive hands on experience in operations, project management incl. business development, budgeting, estimating & marketing. Mr. Korn was responsible for the overall leadership, growth and direction of the businesses in their fields. Amongst many industry certifications, Mr. Korn is Florida State Licensed Certified Specialty Electrical Contractor and also holds a C7 Low Voltage Contractors License in California. On the technical side, Mr. Korn has extensive hands on experience in designing & implementing IT Infrastructure (Hardware & Software) & Technology Solutions for commercial organizations. Solutions include comprehensive Data Center design & construction, Structured Cabling for Copper & Fiber, Integrated Automated & Control Solutions that include Security, Access Control, Lighting, Audio / Video, CCTV, etc. A partial list of clients includes the following; Quantum Design, Inc., Rockwell Intl’, Jet Propulsion Labs, Control Data Corp., Sierra Wireless, Caterpillar, Rady’s Children Hospital, San Diego Union Tribune, DR Systems, Edwards Airforce Base, Miramar NAS, Naval Amphibious Base, Coronado, Marine Corp Camp Pendleton, University of California San Diego, Salk Institute, Science Application Intl’ Corp., Cubic Corp., General Atomics, Invitrogen, Qualigen, Akamai, La Jolla Pharmaceuticals, Molecular Bio Systems, Century 21st Oncology, Naples Community Hospital. BAEMS Proposal Solicitation No: 19-7592 Page | 45 Mr. Mazen Moghannam Development Manager BS; Hospitality/Hotel Management Minor; Recreation Administration & Tourism Experience: 19 years Mr. Moghannam brings more than 19 years of Security business development and project management experience to this role. Prior to his career with Plug Smart, Mr. Moghannam served in several Account Management/Sales roles servicing North America and overseas markets based out of Columbus, OH. Mr. Moghannam was responsible for several large Enterprise and Global accounts assisting with all their Physical Security needs such as Access Control, Video Surveillance, Intrusion and many other technologies to protect businesses their employees and assets. Efforts include Software Selling, Consultative Selling, Problem Solving, Business Growth, Business Development, Multi-Channel Distribution, Contract Negotiation, Relationship Building, Demand Creation Selling, Needs Analysis, System Design, Solution Selling, Physical Security Design, New Product Launches, National Key Account Management, Project Management Prior to Mr. Moghannam’s Security experience, he served in many positions in the Hotel Industry servicing customers from all over the world. Mr. Moghannam worked his way through the Hyatt Management Program where he was responsible for many departments such as Sales & Marketing, Front Desk, Catering and Food & Beverage departments. Mr. Moghannam’s roles took him to work at multiple 5-star hotel resorts in locations such Lakes Tahoe and Palm Springs A partial list of security project clients includes The Ohio State University, Nationwide Insurance, Nationwide Realty, L Brands, Honda, City of Columbus, Franklin County, Miller-Coors, Tyson Foods, Toyota, Cardinal Health, Springfield Medical, Discover Card, Whirlpool, Georgia Pacific, Eaton and many more. BAEMS Proposal Solicitation No: 19-7592 Page | 46 Mr. Cody Callanan Florida Business Unit Controls Manager Multiple Industry Certifications Experience: 9 years Mr. Callanan is the Controls Manager of Plug Smart’s Florida Business Unit. He has over 9 years’ experience in the building automation, systems integration and marketing/business development. Mr. Callanan has been involved in every step of building technology infrastructure and building automation. He is experienced in design and implementation of IT infrastructure and technology solutions for commercial environments. IT Infrastructure includes data center construction, structured cabling (copper and fiber), and building automation (Security, Access Control, Lighting, HVAC, CCTV Video, and Digital Signage) A partial list of clients includes the following; Quantum Design, Sierra Wireless, Historic Kinsella Library, Naples Church of Christ Century 21st Oncology, Naples Community Library, Nanpor Security Academy, Shoot Straight un Range, and Oklahoma Christian University BAEMS Proposal Solicitation No: 19-7592 Page | 47 Mr. John Blake Project Manager Multiple Industry Certifications Experience: 12 Years Mr. Blake is one of Plug Smart’s Project Manager for the Plug Smart Florida Business Unit. He has over 11 years of experience in Security and Access Control, building automation, systems integration and marketing/business development. Mr. Blake has been involved in every step of building technology infrastructure and building automation. He is experienced in design and implementation of IT infrastructure and Security solutions for commercial environments. IT Infrastructure includes structured cabling (copper and fiber), and building automation (Security, Access Control, Lighting, HVAC, and CCTV Video) A partial list of clients includes the following; U.S. Fish & Wildlife, U.S. Army Corps of Engineers, Collier County Government, Collier County Public Schools, Collier County Sheriff’s Office, Lee County Justice Center, Leesar Healthcare Supply, Seacrest Country Day School and FDOT. BAEMS Proposal Solicitation No: 19-7592 Page | 48 Mr. Mark Miller Systems Lead Columbus State Community College Experience: 25 Years Mr. Miller has experience managing business unit and can vary based on the job from design and engineering, to sales support, to implementation, software upgrades, technical support, service support, IT support and full- service contract management. Mr. Miller’s project experience includes several projects in excess of $1,000,000 major automobile manufacturers including Honda of America, international airports, large manufacturers, and international corporations, and federal government facilities. Certifications: Konica Minolta Mobotix Platform Factory Certification, Intro to Cisco Router Configuration, Project Management for the IT Professional, Advanced Project Management for the IT Professional, Lenel Systems International Reseller Authorized Training Master Certification, Novel Certified Network Administrator, ONSSI Certified, ACTi Certified, AMAG Global Certified, React (Emergency Notification) Certified, Sky Point Gold Certified, Kantech Certified, Exacq Vision Certified, Salient Certified, Casi Rusco Access Control Gold Level Certification, Northern Access Control Master Certification, DMP Certified, Radionics Certified, DSC Certified, Verint Certified, The Working Series (six different working enhancement series), Managing Multiple Priorities Under Pressure, Technical Writing Certification Industry Associations: SDM, Government Video, System Contractor News, Lenel Users Group, PIMBOK, PSA Technical Committee Member 3 years running BAEMS Proposal Solicitation No: 19-7592 Page | 49 Mr. Steve Boyce Systems Manager BS Electronic Engineering, Franklin University Certified Energy Manager & Auditor Certified Sustainable Development Professional Business Energy Professional Experience: 30 years Mr. Boyce has 30 years of experience in energy conservation and building automation. In 2014, Mr. Boyce joined the Plug Smart team as a Senior Electrical Engineer and is utilized as the primary resource for developing solutions involving electrical and controls upgrades. Prior to joining Plug Smart, Mr. Boyce was the founder and chief operator of iFACTS. He founded iFACTS to focus on providing customers with product independent control solutions. Mr. Boyce provided automation consulting and integration services to many large industrial and institutional customers such as General Motors, General Electric, Veterans Administration, Chrysler Corporation, Marriott International, CDC/NIOSH, Sherwin-Williams Company, The University of Toledo, Hiram College, Lucent Technologies, Owens Corning, and many others. Prior to founding iFACTS, Mr. Boyce was the managing technical partner and vice president of Control Solutions, a $75 million (revenue) independent building automation company where he worked for 18 years, ultimately selling the Control Solutions company to TAC/Schneider Electric, an $18 billion French company, Mr. Boyce has a BSEE (Electronic Engineering) from Franklin University, Columbus OH, and has been awarded certifications as Certified Energy Manager (CEM), Certified Energy Auditor (CEA), Business Energy Professional (BEP), and Certified Sustainable Development Professional (CSDP). Mr. Boyce is a lifetime member of the Association of Energy Engineers (AEE). BAEMS Proposal Solicitation No: 19-7592 Page | 50 7. Local Vendor Preference BAEMS Proposal Solicitation No: 19-7592 Page | 51 7. Local Vendor Preference Please see the attached Form 7 in the Appendix Section, in addition to the information below. Plug Smart is not only incorporated in Florida, our Florida Business Unit is based within the Naples City limits. The distance from the Collier County Facilities Office is around 13 miles… less than half the distance of the next qualified controls contracting firm. Local company, local talent. Plug Smart employs people as close as possible to the locations for which we support, allowing for rapid response times and onsite problem solving within the two hour timeframe on a regular basis Plug Smart Florida Office is located in Naples and is less than 13 miles from the Collier County Government Center. Form 7: Vendor Submittal – Local Vendor Preference Affidavit (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) Collier County Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XV of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or 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 County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in Collier County or Lee County: 09/18/2018 by business tax receipt attached Number of Employees (Including Owner(s) or Corporate Officers): 42 full time, 6 part time Number of Employees Living in Collier County or Lee (Including Owner(s) or Corporate Officers): 5 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor’s submission being deemed not applicable. Vendor Name: Juice Technologies, Inc. dba Plug Smart Date: 11/9/2019 Address in Collier or Lee County: 1040 Collier Center Way, #12, Naples FL 34110 Signature: __Rich Housh __________________________________________ Title: Chief Executive Officer ________________________ 1.0 LOCAL VENDOR PREFERENCE (LVP) BAEMS Proposal Solicitation No: 19-7592 Page | 54 Appendix: Required Forms and Documents BAEMS Proposal Solicitation No: 19-7592 Page | 55 Appendix: Required Forms and Documents Professional and Educational Affiliations Plug Smart has been awarded two contracts with META Solutions purchasing consortium to provide pre-negotiated services for members across Ohio. This required a multistage review process in which META reviewed every aspect of Plug Smart’s business and past performance. Plug Smart has delivered over $10M in the last 18 months through five (5) competitively granted, nationwide consortium purchasing agreements (Energy Savings Performance Contracting, LED Lighting, HVAC (JOC), Comprehensive HVAC Solutions, and Comprehensive HVAC Solutions (JOC)) through the Texas Interlocal Purchasing System (TIPS). This award involved a rigorous review of past performance, price competitiveness, and company health. Honored and selected on the Inc. 500 fastest-growing company list comprised of businesses that have demonstrated innovation and growth across the entrepreneurial landscape of the United States. Plug Smart was most recently #339 on the US list and #7 in Ohio and the only energy company represented for the third consecutive year. United States Department of Energy Certified Energy Services Company (ESCO) with successful energy projects completed or underway at Dayton VAMC (LED Lighting), Cleveland VAMC (Smart Building System) and Chillicothe VAMC (Controls Integration). Plug Smart has been honored to be awarded a highly competitive GSA Contract. As part of this process, Plug Smart had to gain approval through the Federal Open Rating system. Plug Smart passed this review process after intensive interviews of past customer by federal representatives. Recognized by American Electric Power as its Top Solution provider from a pool of 214 engineering firms, architects, suppliers, distributors and other ESCO's trained on AEP Ohio's energy efficiency programs for business customers. Honored and selected as a semi-finalist in the Green Category for the TechColumbus Innovation Awards for continued excellence in the design and implementation of green technology and services. Recognized by Columbus Ohio Mayor in annual City Address for Plug Smart's contributions in the green energy field and for job creation in the New Economy Addendum 1 Date: October 22, 2019 From: Viviana Giarimoustas, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation #19-7592 Building Automation & Energy Management Services The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. The pre-proposal meeting has been moved from Friday, October 25, 2019 to Tuesday, October 29, 2019 at 9:30 AM. 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. (Signature) Date (Name of Firm) Email: Viviana.Giarimoustas@colliercountyfl.gov Telephone: (239) 252-8375 Juice Technologies LLC dba Plug Smart 2019-11-08 Bid #19-7592 - Building Automation Energy Management Services Addendum 2 Date: November 1, 2019 From: Viviana Giarimoustas, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 Solicitation #19-7592 Building Automation & Energy Management Services The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Audio attached from pre-proposal meeting. 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. (Signature) Date (Name of Firm) Email: Viviana.Giarimoustas@colliercountyfl.gov Telephone: (239) 252-8375 Juice Technologies LLC dba Plug Smart 2019-11-08 Bid #19-7592 - Building Automation Energy Management Services Insurance/ Bond Type 1.[8::1 Worker's Compensation 2.[8::1 Employer's Liability 3.[8::1 Commercial General Liability (Occurrence Form) patterned after the currentrso form 4.[8::1 Indemnification 5.[8::1 Automobile Liability 6.[8::1 Other insurance as noted: 7.0 Bid bond INSURANCE AND BONDING REOUJREMENTS Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online.at ht1 ps: app s.ftdfs.com bocexempt $_1,000,000_ single limit per occurrence Bodily Injury and Property Damage $_1,000,000 ___ single limit 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. To the maximum extent permitted by Florida law, the Contractor/Vendor 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned/Hired; Automobile Included D Watercraft $ Per Occurrence ----- D United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ _____ Per Occurrence D Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ _____ Per Occurrence D Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. D Pollution [8::1 Professional Liability $ _____ Per Occurrence $ Per Occurrence ----- $ _l,000,000_ Per claim & in the aggregate D Project Professional Liability $ Per Occurrence D Valuable Papers Jnsurance $ Per Occurrence [8::1 Cyber Liability $1,000,000 Per Occurrence D Technology Errors & Omissions $ Per Occurrence Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. Bid #19-7592 - Building Automation Energy Management Services 8.D Perfom1ance and Payment Bonds For projects in excess of$200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for I 00% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of75 Fulton Street, New York, New York 10038. 9.C8J Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10.[83 Collier County must be named as "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 Vendor's policy shall be endorsed accordingly. 11.[83 The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12.C8J On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13.[83 Thirty (30) Days Cancellation Notice required. 14.Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Duilder's Risk Insurance will be addressed by the Collier County Risk Management Division. 5/3/19 -cc Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name Daniel Papay rNSocial Risk Advisors Lynne Moore Date 11/08/ 19 Telephone Number 614-942-1226 Bid #19-7592 - Building Automation Energy Management Services Bid #19-7592 - Building Automation Energy Management Services Bid #19-7592 - Building Automation Energy Management Services Bid #19-7592 - Building Automation Energy Management Services Form 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Solicitation Submittal has been signed. The Solicitation Pricing Document (Bid Schedule/Quote Schedule/etc.) has been completed and attached. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. Affidavit for Claiming Status as a Local Business, if applicable. Division of Corporations - Florida Department of State – http://dos.myflorida.com/sunbiz/ (If work performed in the State). E-Verify/Immigration Affidavit (Memorandum of Understanding). ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: Juice Technologies LLC, DBA Plug Smart Address: 1040 Collier Center Way, Suite 12 City, State, Zip: Naples, FL 34110 Telephone: 800-518-5576 Email: FBUSupport@plugsmart.com Representative Signature: ________________________________________________________ Representative Name: Darrick Hatch Date: 2019-11-08 x x x x x x x Bid #19-7592 - Building Automation Energy Management Services Form 3: Conflict of Interest 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. Firm: __Juice Technologies Inc., DBA Plug Smart________________________________________ Signature and Date: 11/08/19 Print Name: Rich Housh Title of Signatory: Chief Executive Officer Bid #19-7592 - Building Automation Energy Management Services Form 4: 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 agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. 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 with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this __11th___ day of _____Nov_, 2019__ in the County of Collier in the State of Florida. Firm’s Legal Name: Juice Technologies, Inc. dba Plug Smart Address: 1040 Collier Center Way #12 City, State, Zip Code: Naples, FL 34110 Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded _26-23682777____________________________________________________________________ Telephone: 800-518-5576 Signature by: (Typed and written) Title: Rich Housh, Chief Executive Officer Solicitation Collier County Metasys NAE Replacement - 19-7620 Submitted by: Juice Technologies Inc. dba Plug SmartBid #19-7592 - Building Automation Energy Management Services Bid #19-7592 - Building Automation Energy Management Services Solicitation Collier County Metasys NAE Replacement - 19-7620 Submitted by: Juice Technologies Inc. dba Plug Smart Additional Contact Information Send payments to: (required if different from above) Juice Technologies, Inc. dba Plug Smart Company name used as payee Contact name: Ms. Colleen Lorms Title: Office Manager Address: 350 East 1st Avenue #210 City, State, ZIP Columbus, Ohio 43201 Telephone: 800-518-5576 Email: Colleen.lorms@plugsmart.com Office servicing Collier County to place orders (required if different from above) Contact name: Mr. Axel Korn Title: Senior Project Manager Address: 1040 Collier Center Way, Suite #13 City, State, ZIP Naples, FL 34110 Telephone: 239-877-2515 Email: Axel.korn@plugsmart.com Solicitation 19-7592 Building Automation Energy Management Services Submitted by: Juice Technologies Inc. dba Plug Smart Bid #19-7592 - Building Automation Energy Management Services Form 5: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor’s proposal. Acceptable evidence 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. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Vendor’s proposal as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) 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. Company Name Print Name Signature ____Juice Technologies Inc., DBA Plug Smart___________________________________ Rich Housh Title ___Chief Executive Officer Date ___11/08/19_____________ State of __Florida___________ County of ____Collier_______ The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Bid #19-7592 - Building Automation Energy Management Services Solicitation 19-7592 Building Automation Energy Management Services Submitted by: Juice Technologies Inc. dba Plug Smart Form 6: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name _Juice Technologies, Inc. dba Plug Smart____________________________________________ (as shown on income tax return) Business Name (if different from taxpayer name) Address _350 E. 1st Avenue____________________ City __Columbus____________________________________ State Ohio__________________________________ Zip___43201__________________________________________ Telephone (800) 518-5576___ Email: axel.korn@plugsmart.com Order Information (Must be filled out) Address _1040 Collier Center Way Suite 112_____ Remit / Payment Information (Must be filled out) Address _350 E. 1st Avenue, Suite 210____________ City Naples___ State ___Fl___ Zip __34110____ City: Columbus, Ohio Zip :43201 Email _____axel.korn.plugsmart.com___________ Email _colleen.lorms@plugsmart.com____________ 2. Company Status (check only one) Individual / Sole Proprietor X __Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company C Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) __26-2368277_______________________________________________ (Vendors who do not have a TIN, will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature _______________________________________Rich Housh____ Date __11/08/19_________ Title__ Chief Executive Officer______________________________ Phone Number __800-518-5576 Form 7: Vendor Submittal – Local Vendor Preference Affidavit (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) Collier County Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XV of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or 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 County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in Collier County or Lee County: 11/08/2019 by business tax receipt attached Number of Employees (Including Owner(s) or Corporate Officers): 42 full time, 6 part time Number of Employees Living in Collier County or Lee (Including Owner(s) or Corporate Officers): 5 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor’s submission being deemed not applicable. Vendor Name: Juice Technologies, Inc. dba Plug Smart Date: 11/8/2019 Address in Collier or Lee County: 1040 Collier Center Way, #12, Naples FL 34110 Signature: __Rich Housh __________________________________________ Title: Chief Executive Officer ________________________ 1.0 LOCAL VENDOR PREFERENCE (LVP) Solicitation 19-7592 Building Automation Energy Management Services Submitted by: Juice Technologies Inc. dba Plug Smart 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 Juice Technologies, Inc (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 I-9, Employment Eligibility Verification (Form I-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 OF THE EMPLOYER 1. For purposes of this MOU, references to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 2. 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. 3. 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: A. Notice of E-Verify Participation B. Notice of Right to Work 4. 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. 5. The Employer agrees to become familiar with and comply with the most recent version of theE-Verify User Manual. The Employer will obtain the E-Verify User Manual from the Web ServicesE-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. 6. The Employer agrees to comply with current Form I-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 Company ID Number:72760 Client Company ID Number:1141164 Page 1 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services 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 I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-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 I-9. 7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-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 I-9 procedures. A. The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly 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 I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-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 I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E- Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify (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 II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's Company ID Number:72760 Client Company ID Number:1141164 Page 2 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services 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 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). 14. 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). 15. 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. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA through its Web ServicesE-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. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify, which includes permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms I-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. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E- Verify on its website, in advertising materials, or other media. The Employer shall not describe its services 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. 20. 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. 21. The Employer agrees that E-Verify trademarks and logos may be 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. Company ID Number:72760 Client Company ID Number:1141164 Page 3 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in 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. 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 theE-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 Employer from 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 rules and procedures. The Web Services E-Verify Employer Agent will createE-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 Company ID Number:72760 Client Company ID Number:1141164 Page 4 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services Web 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 toE-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at . 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 I-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 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 may be used only Company ID Number:72760 Client Company ID Number:1141164 Page 5 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services under license by DHS/USCIS (see ) 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 with all E-Verify policies and procedures. 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 existing employees within 180 days after the election. E. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6, Company ID Number:72760 Client Company ID Number:1141164 Page 6 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services ii. The employee’s work authorization has not expired, and iii. The Employer has reviewed the information reflected in the Form I-9 either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). F. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i. The Employer cannot determine that Form I-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 I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form I- 551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E- Verify User Manual. G. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. 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). 3. SSA agrees to provide case results from its database within three Federal Government work days 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: A. 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. Company ID Number:72760 Client Company ID Number:1141164 Page 7 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services 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. 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 SSA AND 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 work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must Company ID Number:72760 Client Company ID Number:1141164 Page 8 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services 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 I-551, Form I-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. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 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: 2. Public Law 107-347, “E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA),” December 2002. 3. 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. 4. National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). 5. International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology — Security Techniques — Code of Practice for Information Security Management. 6. 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. 7. 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. Company ID Number:72760 Client Company ID Number:1141164 Page 9 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. If the Web Services E-Verify Employer Agent includes an electronic Form I-9 as part of its interface, then it must comply with the standards for electronic retention of Form I-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 ServicesE-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; 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 Company ID Number:72760 Client Company ID Number:1141164 Page 10 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services 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: A. Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256-bit encryption that has been validated under FIPS 140-2. B. 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 I-9 from 2/2/2009 or 8/7/2009 should also use the E-Verify browser until the system upgrade is completed. 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. Company ID Number:72760 Client Company ID Number:1141164 Page 11 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services 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. 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 1. 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 any time 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. 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 or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services E-Verify Employer Agent, its agents, officers, or employees. Company ID Number:72760 Client Company ID Number:1141164 Page 12 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services 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 Employer Agent, 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. G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-Verify Employer Agent. Juice Technologies, Inc (Employer) hereby designates and appoints Ramulu Janne (E- Verify Employer Agent), including its officers and employees, as the 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. Company ID Number:72760 Client Company ID Number:1141164 Page 13 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services If you have any questions, contact E-Verify at 1-888-464-4218. Approved by: Employer Name (Please Type or Print)Title Signature Date E-Verify Employer Agent ADP TotalSource, Inc. (GA) Name (Please Type or Print) Ramulu Janne Title Signature Electronically Signed Date September 28, 2018 Department of Homeland Security – Verification Division Name Title Signature Date Company ID Number:72760 Client Company ID Number:1141164 Page 14 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services Information Required for the E-Verify Program Information relating to your Company: Company Name Juice Technologies, Inc Company Facility Address 350E. 1st Avenue Suite 210 Columbus, OH 43201 Company Alternate Address 350E. 1st Avenue Suite 210 Columbus, OH 43201 County or Parish Franklin Employer Identification Number 26-2368277 North American Industry Classification Systems Code Professional, Scientific, And Technical Services (541) Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 Company ID Number:72760 Client Company ID Number:1141164 Page 15 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: Ohio 1 Company ID Number:72760 Client Company ID Number:1141164 Page 16 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Tom Martin Phone Number (614) 507-3816 Fax Number Email Address tom.martin@plugsmart.com Company ID Number:72760 Client Company ID Number:1141164 Page 17 of 17 | E-Verify MOU for Employers Using a Web Services Employer Agent | Revision Date 06/01/13 Bid #19-7592 - Building Automation Energy Management Services Reliable Controls Corporation proudly offers an industry-recognized, 5-Year Warranty on all the hardware products it manufactures. Please find the hardware product statement below. Reliable Controls® Hardware Product Warranty Hardware Product Warranty Reliable Controls warrants its Category A and AV hardware products which it manufactures to be free of defects in material and workmanship for a period of five (5) years from the date of shipment. This product warranty shall apply only after Reliable Controls has conducted an evaluation of the malfunctioning product or part. If a product or part under this warranty is malfunctioning, it must be returned to Reliable Controls using the Reliable Controls Return Materials Authorization (RMA) form. The defective part should be shipped freight pre-paid to Reliable Controls. Upon examination by Reliable Controls, if the product or part is found to be defective following an evaluation by Reliable Controls, it will be repaired or replaced as a component at no charge. However, this product warranty is void if the product or part shows evidence of being tampered with, damaged during installation, misapplied, misused or used in any other operating condition outside of the unit’s published specification. Reliable Controls specifically disclaims any other warranties or representations of any kind whatsoever, expressed or implied, except that of title. All implied warranties including any warranty of merchantability and fitness for a particular purpose are hereby disclaimed. The user is responsible to determine suitability for intended use. Bid #19-7592 - Building Automation Energy Management Services Bid #19-7592 - Building Automation Energy Management Services Juice Technologies, Inc. dba Plug Smart 350 East First Avenue, Columbus, OH 43201 Telephone: (800) 518-5576 · Fax: (800) 518-5576 10/9/2019 Dan Shelatz AMSCO AC 4311 W Ida St Tampa FL 33614 RE: Job 1123C ➔ CCG – Jail Controls Naples, Florida SUBJECT: Project Warranty Dear Client: Team Plug Smart warrants all furnished materials and workmanship for the project referenced above for a period of one year from the date placed in service or the date of final completion, whichever is shorter, as indicated in Section III and based upon the criteria listed below. I.WARRANTY TERMS (a)PLUG SMART warrants to the CLIENT that materials and equipment furnished under this Agreement are free from defects and workmanship. In the event of a failure, the CLIENT shall notify PLUG SMART by sending a support request to fbusupport@plugsmart.com or calling 1-800-518-5576. PLUG SMART shall respond within 48 hours to get the problem resolved. PLUG SMART shall promptly repair or replace the defective Work. If the defective Work is reasonably considered by the CLIENT to be an emergency, the CLIENT may request PLUG SMART to respond to the Project Site within 24 hours of the warranty notification. (b)Team Plug Smart shall only warrant items deemed to be defective upon careful inspection and analysis. Certain equipment and materials are subject to the terms and conditions of the manufacturer’s warranty policies. (c)If Plug Smart is notified and responds to a warranty item that is deemed to NOT BE COVERED UNDER THIS WARRANTY, time spent for travel, diagnostic services and all other related costs shall be billed to the client at the current Plug Smart hourly rates in effect at that time. II.EXCLUSIONS The following items are not covered under this limited warranty:Example Warranty LetterBid #19-7592 - Building Automation Energy Management Services Juice Technologies, Inc. dba Plug Smart 350 East First Avenue, Columbus, OH 43201 Telephone: (800) 518-5576 · Fax: (800) 518-5576 •Damages that are the result of neglect, misuse, tampering or accidental damage. •Damages caused as a result of power surges, lightning, fire, vandalism, weather, flood, water damage or Acts of God. •Failed components due to the lack of routine, proper, preventive and required maintenance. •Damaged components or associated work relating to pre-existing conditions. •Incidental or consequential damages due to equipment or material failures. •This Warranty is voided if work is performed by others while still under warranty by Plug Smart. III.WARRANTY START & END DATES Note to Plug Smart PMs: Some project line items may have different start/end dates . There may also be extended warranty components. In the example below, chillers and boilers were installed at different times but both prior to overall project completion, and there is a 5 yr extended warranty on the chiller compressors. We want the warranty to start as soon as possible for any major components. •New HVAC Controls 09/01/19 to 09/01/20 IV.CONTACT LIST OWNER REPRESENTATIVE PRIMARY OWNER CONTACT: Name: John McCormick Cell phone: 239-315-1152 Office phone: 239-252-8274 Email address: John.McCormick@colliercountyfl.gov PLUG SMART PROJECT REPRESENTATIVE: Cody Callanan Cell phone: 239-302-8581 Email address: cody.callanan@plugsmart.com HOME OFFICE REPRESENTATIVE: Darrick Hatch Cell phone: 239-272-8625 Email address: darrick.hatch@plugsmart.com Regards, Plug Smart Cody Callanan Example Warranty LetterBid #19-7592 - Building Automation Energy Management Services EXAMPLE OF WORK SUB MISSION Bid #19-7592 - Building Automation Energy Management Services HEAPY / PLUGSMART TEAM Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services LUCAS COUNTY FACILITY CONDITION ASSESSMENT AND RETRO -COMMISSIONING Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services LUCAS COUNTY Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services NAPLES COMMUNITY HOSPITAL q Regional ratings provide visibility into potential energy cost reduction §Above 80%: Bill reduction >40% §60-80%:Bill reduction 35% §40-60%: Bill reduction 30% §Below 40%: Bill reduction <25% q Bill analysis suggests NCH can achieve utility bill reduction of >40% Dept of Energy –South Atlantic Region *Source: EUI data from VISN 8 VA Hospitals. ENERGY CONSUMPTION COMPARISON Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services NAPLES COMMUNITY HOSPITAL Natural Gas Use per Sq. Ft. Electricity Spend Breakout Natural Gas Spend Breakout Total Spend: $1.6M Total Spend: $770k ENERGY COSTS Supply Observations Assuming Downtown and North were previously on GSLD-2 rate code: Recent switch to CILC-1 is saving hospital $275-$300k/yr Downtown and $30-35k /yr at North locations Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services ENERGY MASTER PLAN PROJECTS CHALLENGE •Rising energy costs, deferred maintenance, and end of life equipment left the Hospital needing a roadmap for prioritizing projects and ensuring environmental sustainability. SOLUTION •Audited nearly 1M SF to develop an EMP to address these issues and act as a roadmap going forward. •Worked with the staff to prioritize the ECMs based on “ticking time bombs”, rebates/ grants, and/or ROI. •Developed a multi-year, phased implementation plan that was self-funding through the energy and operations & maintenance savings. •Oversaw the implementation of the EMP to ensure NCH realizes the savings. Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services BUILDING RETROFIT KETTERING TOWER Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services BUILDING RETROFIT CHALLENGE •Owner had a gross lease, leading to high operational costs per square foot for energy consumption •Controls systems had reached end of life •Lighting fixtures were primarily comprised of dim, inefficient T8 and T12 linear fluorescents SOLUTION •Replaced all existing lighting with new LED fixtures •Building automation system was replaced with new, DDC controls •Air handler motors and drives were upgraded to allow more efficient airflow •State of the art drives and motors were added on building water pumping systems to cut costs on sewer bills KETTERING TOWER Dayton, Ohio Location $1,938,722 Approved Financing $404,502 Annual Savings 10 years PACE Term Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services ENERGY MASTER PLAN SINCLAIR COMMUNITY COLLEGE Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services •20 Buildings –1.7 Million SF •Campus-wide Assessment •Measure Cost: $3.6M •Annual Savings: $1.07M •Simple Payback: 3.36 Years •Comprehensive and Prioritized Approach for: •Equipment Upgrades •Maintenance •Controls •Alternative Energy Sources •Operational Changes SINCLAIR COMMUNITY COLLEGE ENERGY MASTER PLAN Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services ENERGY ANALYTICS SOFTWARE We have experience with several energy analytics packages, but prefer for the Client to have input into which best suits their needs •CopperTree/BuildPulse •Accenture •SkySpark •Schneider Electric •BuildingLogix •Plug Smart Advantage Example of Work Submission #19-7592 - Building Automation Energy Management Services WHY HEAPY /PLUGSMART TEAM? •40 Year Working relationship between Heapy & Plug Smart •Not just Energy Auditors, we Implement projects •Relationships with Collier County Staff •Work History with Collier County: •Low Voltage Contract •HVAC Equipment Replacement Contract •Controls Assessment for the Primary Government Complex (sub to Stantec) •Retro-Commissioning (RCx) on the Courthouse Annex •Retro-Commissioning (RCx) on the Property Appraiser’s Office Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services Over a 20 year period, this Client would pay an extra $3.7M to their utilities (+$1.5M for O&M) if no action is taken on these projects. Annual COI: $353K Monthly COI: $29K Daily COI: $966 $14,629,674 $10,902,175 $5,287,706 $1,560,208 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 Pre Project Post Project 20 Year Utility and O&M Spend O&M Spend Savings Utility Spend COST OF INACTION THE UTILITIES WIN Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services WHAT DO YOU THINK? Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services Example of Work Submission Bid #19-7592 - Building Automation Energy Management Services Addendum 3 Date: November 12, 2019 From: Viviana Giarimoustas, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 Solicitation #19-7592 Building Automation & Energy Management Services The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: This solicitation is being extended to Monday, November 25, 2019. 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. (Signature) Date (Name of Firm) Email: Viviana.Giarimoustas@colliercountyfl.gov Telephone: (239) 252-8375 Juice Technologies, Inc. dba Plug Smart 2019-11-20 Vendor Checklist Cover Letter Statement 2-Certified Minority Certified Minority Statement 3-Business Plan Business Plan Statement 1 Tridium Niagara 4 architecture Niagara_Supervisor_DataSheet JACE8000_Data_Sheet JACE 8000 IO data sheet Niagara Edge 10 data sheet Tridium Niagara 4 drivers Third party drivers Tridium OEMs and Distributors North America 2 Alerton Alerton Architecture ALER-8000 Data Sheet VIP-363 Data Sheet Microset 4 Data Sheet 3 Siemens TALON Overview TNM_8000 QMX7 TC_Modular ADXR2.M 4 Lynxspring Lynxspring_Architecture Lynxspring-JENEsys-PC8000-Datasheet JENEsys-PC8000-IO-R-Datasheet JENEsys_Edge_534_Niagara4_Data_Sheet JENEsys Edge 514_Niagara4_Data_Sheet 4 Cost of Services Cost of Services Statement 5 Experience and Capacity Experience and Capacity Statement Project_01_Summary Project_02_Summary Project_03_Summary Project_04_Summary Project_05_Summary Reference_Questionnaire_MarriottMarcoIsland Reference_Questionnaire_CollierCountySchools Reference_Questionnaire_CityofNaples Reference_Questionnaire_ShellPoint Electrical License thru 08.31.2020 Mechanical License thru 08.31.2020 6 Specialize Expertise of Team Members Specialize Expertise of Team Members Statement Employee List Company Resume Summary 7 Local Vendor Preference Local Vendor Preference Statement Form 7 Local Vendor Preference 8 Conflict of Interest Affidavit Form 3 Conflict of Interest Affidavit 9 Vendor Declaration Statement Form 4 Vendor Declaration Statement 10 Immigration Affidavit Certification Form 5 Immigration Affidavit Certification E_Verify Memoradum of Understanding 11 Vendor Substitute W9 Form 6 Vendor Substitute W9 12 Division of Corporation ESSI Division of Corporation Statement 13 Business License ESSI Business License 14 Insurance and Bonding Requirements Insurance and Bonding Requirements Statement ESSI CERTIFICATE OF LIABILITY INSURANCE END ESSI N/A Building Automation Energy Management Services Date: December 2, 2011 Announcing: Advanced Notice of Product Discontinuation of N2 and Select LONWORKS® Field Controllers. Notice Of Plans For Long Term Support Of N2 Devices From:Metasys® System Product Management Office Released To: Johnson Controls® Branches - North America Johnson Controls Branches - Europe Johnson Controls Headquarters - Asia Johnson Controls Headquarters - Middle East Johnson Controls Headquarters - Latin America North American Authorized Building Controls Specialists (ABCS) Discontinuation of N2 and Select LONWORKS Field Controllers and Associated Products. Notice of Plans for Long-Term Support of N2 Devices. Field Controllers using the N2 protocol have been a mainstay of the Metasys® product line since their introduction in 1990. Now, a combination of marketplace and technical forces are causing us to discontinue the manufacture and sale of these legacy products, beginning in 2012 and continuing into late 2013. Most N2 field controllers were developed in the 1990s, using available technology. Many of the electronic components used in these products are now, or soon will be discontinued by their manufacturers. We have made last-time-buys of many of these components. For example, the AP-VMA14xx product family will be out of components in 2012. The vendor discontinued the microprocessor used in this product due to damage to the manufacturing plant in Japan, after the March 2011 earthquake. Refer to: Shortage of Variable Air Volume Modular Assembly (VMA) 1400 Series Controllers Expected in September 2011 (LIT-2011F7)for more information. Additionally, the programming and commissioning tools used to support these products were initially developed around the software and computer technologies available in the 1990s. Supporting these programs on today’s PC platforms is a growing challenge. Variations of the FEC-series field controllers are being developed to allow them to be added to an existing N2 field trunk. These will be marketed and priced as service products to replace defective N2 products, or provide small expansions to existing installations. In addition, they will have the ability to be converted via software download to be reused as “standard” BACnet® MS/TP devices, providing a potential cost-effective migration path to existing customers. There are no plans to discontinue the support of N2 devices for the NAE and NCE. These products will continue to have the ability to communicate with all supported N2 devices as a master on the N2 bus. Effective Dates Our strategy is to continue to manufacture N2 products as long as components are available. As we are notified by component suppliers of discontinuations, we will continue to make last- time-buys of these components that allow us to continue to manufacture the products until 12/31/2013 at the latest, assuming demand continues at current rates. We will continuously monitor product demand and component availability, and update the expected availability of the products shown in Table 1 on a periodic basis. Code No. LIT-1200524 1 2 Ongoing Support Discontinuing the sale of these products as new devices does not mean that Johnson Controls no longer supports them. The following programs are in place to help the thousands of existing customers who have an installed base of millions of N2 products. The Field Support Center and other global technical support organizations will continue to provide technical support for the maintenance and repair of the N2 products and their supporting software tools as long as market demand warrants. The Louisville Repair Center is expanding their repair-and-return program and refurbished parts program to include lower value devices that have historically been considered “disposable”. This will be the first source of products needed to maintain an existing customer’s need to replace a failed device, or provide very small expansions to existing installations. The following N2 product software tools have been tested to operate with the Microsoft® operating systems indicated. We will provide “virtual thin-app” images of the main tools, allowing them to operate on newer computers using VMWare® or similar virtual software. Table 1: Software Tools and Latest Supported Microsoft Operating System Software Tool Latest OS Supported HVAC PRO Microsoft Windows 7® (32 bit) and Windows XP® GX9100 Microsoft Windows 7 (32 bit) and Windows XP XTM Configurator Microsoft Windows 7 (32 bit) and Windows XP N2 Device Loader Microsoft Windows 7 (32 bit) and Windows XP DX Commissioning Microsoft Windows 7 (32 bit) and Windows XP Modem Pro No longer covered in Metasys System Extended Architecture Testing LCP Graphic Config. Tool No longer covered in Metasys System Extended Architecture Gen 3 Testing LCP Setup No longer covered in Metasys System Extended Architecture Gen 3 Testing NDM Config No longer covered in Metasys System Extended Architecture Gen 3 Testing ZT Pro No longer covered in Metasys System Extended Architecture Gen 3 Testing What Should You Do? Immediately stop specifying and selling the products shown in Table 2 as part of any new project!! Supplying soon-to-be discontinued products on a new project does a serious disservice to your customer. Discuss options with existing customers that have a large base of N2 products that continue to expand. A migration plan to the newer Metasys architecture should be developed that discourages the expansion of products identified in Table 2. A migration playbook is being developed that will help identify options, costs, and advantages of migrating from older Metasys products to the current generation. 3 An incentive program to upgrade PMI software and NCMs to ADS/ADX servers and NAEs has been announced. Refer to the Network Control Module (NCM) and Legacy JCI Workstation Trade-In Program document for more information. Table 2: N2 Products and Expected Discontinuation Dates Code Number Description Expected Discontinuation Date AP-VMA14xx N2 VAV Modular Assembly Controllers - all models Q1 2012 AS-AHU1xx AHU controllers - all models termination and logic boards Q4 2013 AS-CBL100-0 AHU/FMK/RLY cable kits Q4 2013 AS-CBLxx Cable assembly kits of 10 Q4 2013 AS-CBLCON-0 Cable interface for use with Zone Terminal Q4 2013 AS-COM11xx N2 communication cards for UNT controllers - all models Q4 2013 AS-COM12xx LON communication cards - all models Q4 2013 AS-DPTKIT-1 Static pressure sensor enclosure Q4 2013 AS-EXP100-0 Expansion module assembly Q4 2013 AS-FHI100-0 Fume Hood interface Q4 2013 AS-FMK102-xx Function Module Kit - all models Q4 2013 AS-LENKIT-L UNT with accessory harness Q4 2013 AS-PHXxxx Phoenix Fume Hood controllers - all models Q4 2013 AS-RLYxxx Relay kits - all models Q4 2013 AS-TBKIT-0 Terminal connector kit for N2 power Q4 2013 AS-UNTxxxx UNT controllers - all models Q4 2013 AS-VAVxxx VAV controllers - all models Q4 2013 AS-VAVDPTx Differential pressure transducer for AS-VAV all models Q4 2013 AS-ZTUxxx Zone Terminal for N2 controllers - all models and accessories Q4 2013 CBL-2000-x Wiring harness for AS-VAV Q4 2013 CC-UNT1126-x OEM controller for Carrier Q4 2013 DT-9100 DX LCD display Q4 2013 DX-9100-xxxx N2 DX controllers - all models and accessories Q4 2013 DX-9121-xxxx LON/N2 DX controllers - all models and accessories Q4 2013 DX-9200-xxxx LON/FTT DX controllers - all models and accessories Q4 2013 EN-BSFxxx Base Frames - all models Q4 2013 EN-EWC100-0 Base Frame enclosure Q4 2013 Continued on next page… 4 Code Number (Cont.) Description Expected Discontinuation Date FA-AHUxxx AHU controllers - all models termination and logic boards Q4 2013 FA-LENKIT-L UNT with accessory harness Q4 2013 FA-TC9102-xxxx Terminal controllers - all models Q4 2013 FA-UNTxxxx UNT controllers - all models Q4 2013 FA-VAVxxx VAV controllers - all models Q4 2013 FA-VAVDPTx Differential pressure transducer for AS-VAV all models Q4 2013 FA-ZTUxxx Zone Terminal for N2 controllers - all models and accessories Q4 2013 FM-IAN101 Analog Input Function Module - all models Q4 2013 FM-IBF101-0 Frequency Input Function Module Q4 2013 FM-IBN101 Binary Input Function Module - all models Q4 2013 FM-IUN102 Universal Input Function Module - all models Q4 2013 FM-KIT127-0 Function Module Blankoffs Q4 2013 FM-OAE101 Analog Output Function Module - all models Q4 2013 FM-OAN10x Analog Output Function Module - all models Q4 2013 FM-OAP1xx Pressure Output Function Module - all models Q4 2013 FM-OBE101-0 Binary Electric Output Function Module Q4 2013 FM-ORE101 Binary Relay Output Function Module - all models Q4 2013 FM-ORL101 Binary Relay Latched Output Function Module - all models Q4 2013 FM-ORM101 Binary Relay Momentary Output Function Module - all models Q4 2013 FM-OSV101 Binary Solenoid Valve Output Function Module - all models Q4 2013 FM-OTE101 Binary Triac Output Function Module - all models Q4 2013 FM-PCM101 Pneumatic connectors for FMs - all models Q4 2013 MQ-COM120x OEM version of AS-COM120x Q4 2013 NU-BATxxx Replacement batteries for NCMs - all models Q4 2013 NU-DCM140 Digital Control Module - all models Q4 2013 NU-NDM10x N2 Dialer Module - all models Q4 2013 NU-XBN101 Binary Input Point Multiplex Module - all models Q4 2013 NU-XRE101 Relay Output Point Multiplex Module - all models Q4 2013 NU-XRL101 Latching Relay Output Point Multiplex Module - all models Q4 2013 Continued on next page… 5 Code Number (Cont.) Description Expected Discontinuation Date PAAA000xxxC0 AHU Standard Panel - all models Q4 2013 PADAxxxxxxxx DX Standard Panel - all models Q4 2013 PAUx000x1xx0 UNT Standard Panel - all models Q4 2013 PAXA00001FH0 XT/XP Standard Panel Q4 2013 SAAA000xxx00 AHU Standard Subpanel - all models Q4 2013 SADAxxxxxxxx DX Standard Subpanel - all models Q4 2013 SAUx000x1x00 UNT Standard Subpanel - all models Q4 2013 SAXA00001F00 XT/XP Standard Subpanel Q4 2013 XP-910x-xxxx Expansion Modules - all models and accessories Q4 2013 XT-9100-xxxx Extension Module - all models Q4 2013 YK-UNTxxxx UNT controllers - all models Q4 2013 YK-ZCUxxxx OEM Zone Control Unit Q4 2013 For additional information, please contact: Pat Harder Product Manager - Metasys Field Controllers (414) 524-5145 Pat.Harder@jci.com Steve Gallo Product Manager - Metasys Field Controllers (414) 524-7461 Steven.A.Gallo@jci.com Technical Specification Sheet Document No. A6V11420332 April 19, 2018 Siemens Industry, Inc.Page 1 of 5 TNM® 834 Controller Description The Siemens TNM® 834 is a compact, embedded IoT (Internet of Things) controller bundled from a special licensed TNM-8000 and an IO-R-34 remote 34 IO module for smaller applications and plant control. Based on the TNM-8000 it includes Internet connectivity and W eb serving capability providing integrated control, supervision, data logging, alarming, scheduling and network management. It streams data and rich graphical displays to a standard Web browser via an Ethernet or wireless LAN, or remotely over the Internet. Features The licensing model for the TNM 834 controller is simplified and features standard drivers. Special licensing allows 0 to 5 device licenses and increments of 1 device. Bundle includes one TNM-834 (TNM-8000 with special license) and one IO-R-34 module. Operates with Niagara 4, the latest version of the Niagara Framework®, for optimum performance in larger facilities. Licensed for small systems and plant control. Niagara 4 Supervisors can be used with TNM 834 controllers to aggregate information, including real-time data, history and alarms, to create a single and unified application. Specifications TNM-834 Page 2 of 5 Siemens Industry, Inc. Expansion and I/O Module Combinations Maximum Combinations Communication Modules Siemens Industry, Inc.Page 3 of 5 Remote IO modules Included with the TNM-834 is licensing for an 16 IO device count. -1 IO-R-16 = device count 1 -1 IO-R-34 = device count 2 (one module included) Therefore, the maximum Expansion is -7 IO-R-34 ((7+1) * device count 2) or -14 IO-R-16 ((14+2)* device count 1) or a combination -E.g. 4 IO-R-34 and 8 IO-R-16 (4* device count 2 + 8* device count 1 = device count 16) Specifications IO-R-34 Mounting and Dimensions TNM-834 Page 4 of 5 Siemens Industry, Inc. IO-R-34 TNM-8000 Accessory Kit NPB-8000-KIT TNM-8000 Expansion Module Kit NPB-8000-OPT-KIT Technical Specification Sheet Document No. 149-152 May 27, 2016 Siemens Industry, Inc.Page 1 of 2 QMX7.E38 Color Touchscreen Room Operator for Siemens Total Room Automation Description The QMX7.E38 is a full-color touchscreen device that provides local room operation for lighting, blinds, scenes, and HVAC applications. It is used together with BACnet/IP DXR2.E controllers for Siemens Total Room Automation (TRA) applications. The QMX7.E38 Room Operator is suited for offices, meeting or conference rooms, hotel reception areas, care facilities, and hospitals. The QMX7.E38 includes Green Leaf functionality that actively engages occupants in maximizing building efficiency. The full-color display automatically adjusts to room lighting level and includes audible feedback to enhance the user experience. The compact design is low-profile and can be mounted directly on a × box in either a portrait or landscape orientation. Features Premium room operator touch unit for integrated room solutions with a modern and sleek design. Touch operation for all functions of Siemens TRA, including HVAC, lighting, shading and scenes. Replaces all switches and operating units in a room1). Flexibly adaptable to specific customer requirements2). 24 Vac or Power over Ethernet (PoE)power supply. Easy-to-install and includes theft protection. Set-up Wizard provides a guide through first-time commissioning. 1)The QMX7.E38 does not contain temperature, humidity, or CO2 sensors. Use appropriate QMX3 room sensors for complete HVAC monitoring and control as needed. 2)Siemens ABT Pro configuration software tool is required for set-up and commissioning of the QMX7.E38. Information in this document is based on specifications believed correct at the time of publication. The right is reserved to make changes as design improvements are introduced. Other product or company names mentioned herein may be the trademarks of their respective owners.© 2016 Siemens Industry, Inc. Siemens Industry, Inc. Building Technologies Division 1000 Deerfield Parkway Buffalo Grove, IL 60089-4513 USA +1-847-215-1000 Your feedback is important to us. If you have comments about this document, please send them to SBT_technical.editor.us.sbt@siemens.com Document No. 149-152 Printed in the USA Page 2 of 2 Figure 1. Desigo®DXR and TRA with QMX7 as Part of the APOGEE Automation System. NOTE: Each QMX7 Room Operator can interface with only one DXR2.E. Up to four QMX7 Room Operators can interface with a single DXR2.E. Technical Specifications Power Supply Operating voltage (SELV/PELV)24 Vac (+20%/20%), 50/60 Hz or PoE Power consumption 24 Vac PoE Maximum 4.2 VA Class 1 as per standard IEEE 802.3 at-2009 Standards Compliance, approvals, certification UL Certified cUL, CSA Certified FCC UL 916 CSA C22.2 No. 205 47 CFR Part 15 Class B Ambient Conditions Temperature Operation Transport Storage Humidity 32°F to 122°F (0°C to 50°C) -13°F to 158°F (-25°C to 70°C) -13°F to 149°F (-25°C to 65°C) < 95% rh (non-condensing) Elevation above sea level Max. 9,800 ft. (3,000 m) above sea level Additional Information Orderable Part Number QMX7.E38 Product Dimensions 3-× 5-× (88 mm x 132 mm × 15 mm) Shipping Dimensions × × (118 mm × 159 mm × 51 mm) Shipping Weight 14 oz (397 g) Technical Specification Sheet Document No. 588-783 Rev. 1, July 31, 2008 Siemens Building Technologies, Inc. Page 1 of 10 TC Modular Series Figure 1. TC Modular. Description The TC Modular is an integral part of the TALON® Automation System. It is a high performance, modular Direct Digital Control (DDC) supervisory field panel. The field panel operates stand-alone or networked to perform complex control, monitoring, and energy management functions without relying on a higher level processor. Up to 1000 TC Modular field panels communicate on a peer-to-peer BACnet/IP network. With the addition of an Expansion Module, the TC Modular also provides central monitoring and control for distributed Field Level Network (FLN) devices on BACnet MS/TP. Features Classified as BACnet Building Controllers (B-BC) using the BACnet/IP protocol and BACnet MS/TP. Modular hardware components match initial control requirements while providing for future expansion. DIN rail mounting and removable terminal blocks simplify installation and servicing. Proven program sequences to match equipment control applications. Built-in energy management applications and DDC programs for complete facility management. Comprehensive alarm management, historical data trend collection, operator control, and monitoring functions. HMI RS-232 and USB ports provide connectivity to a laptop computer for local operation and engineering. Support for peer-to-peer BACnet/IP communications over industry-standard 10Base-T/100Base-TX Ethernet networks. Persistent database back-up and restore within controller. Back-up battery protection eliminating the need for time-consuming program and database re-entry in the event of an extended power failure. The TC Modular illuminates a “battery low” status LED and can send an alarm message to selected printers or terminals. Optional wireless FLN support. Page 2 of 10 Siemens Building Technologies, Inc. Hardware The TC Modular is a microprocessor-based multi-tasking platform for program execution and communication with other field panels. It scans field data, optimizes control parameters, and manages operator requests for data in seconds. The program and database information stored in the TC Modular memory is protected with a battery backup. This eliminates the need for time-consuming program and database re- entry in the event of an extended power failure. When battery replacement is necessary, the TC Modular illuminates a “battery low status LED and can send an alarm message to selected printers or terminals. The TC Modular firmware, including the operating system, is stored in non-volatile flash memory. HMI RS-232 and USB ports provide connectivity to a laptop computer for local operation and engineering. LEDs provide instant visual indication of overall operation, network communication, and low battery warning. A self-forming bus to the left of the TC Modular supports hardware connection to subsystems through Expansion Modules. Global Information Access An RS-232 operator terminal port provides a quick- connect phone jack (RJ-45) to support operator devices, such as a local user interface or simple CRT terminal, and a phone modem for TALON dial-in service capability. Devices connected to the operator terminal port gain global information access Multiple Operator Access Multiple operators can access the network simultaneously. Multiple operator access ensures that alarms are reported to an alarm printer while an operator accesses information from a local terminal. TC Modular Expansion Module The TC Modular Expansion Module (see Figure 2) provides the hardware connection for Field Level Network (FLN) devices. Using the Expansion Module, the TC Modular supports one BACnet MS/TP network of up to 96 BACnet MS/TP FLN devices. Figure 2. RS-485 Expansion Module. Figure 3. RS-485 Expansion Module and TC Modular. Modular Control Panels with Custom Application Flexibility The TC Modular is a high performance controller with extensive flexibility. The control program for each TC Modular is customized to exactly match the application. Proven Powers Process Control Language (PPCL), a text- based programming structure like BASIC, provides direct digital control and energy management sequences to precisely control equipment and optimize energy usage. Siemens Building Technologies, Inc. Page 3 of 10 Menu Prompted, English Language Operator Interface The TC Modular field panel includes a simple yet powerful menu-driven English Language Operator Interface that provides, among other things: Point monitoring and display Point commanding Historical trend collection and display for multiple points Event scheduling Program editing and modification via Powers Process Control Language (PPCL) Alarm reporting and acknowledgment Continual display of dynamic information Built-in Direct Digital Control Routines The TC Modular provides stand-alone Direct Digital Control (DDC) to deliver precise HVAC control and comprehensive information about system operation. The controller receives information from sensors in the building, processes the information, and directly controls the equipment. The following functions are available in the TC Modular: Closed Loop Proportional, Integral and Derivative (PID) control Logical sequencing Alarm detection and reporting Reset schedules Built-in Energy Management Applications The following applications are programmed in the TC Modular and require simple parameter input for implementation: Automatic Daylight Saving Time switchover Calendar-based scheduling Economizer control Equipment scheduling, optimization and sequencing Event scheduling Holiday scheduling Night setback control Peak Demand Limiting (PDL) Start-Stop Time Optimization (SSTO) Temperature-compensated duty cycling Temporary schedule override Page 4 of 10 Siemens Building Technologies, Inc. TC Modular Series Specifications Dimensions (L × W × D) TC Modular Series 7.56" × 3.54" × 2.76" (192 mm × 90 mm × 70 mm) Expansion Module with one MS/TP FLN connection 1.26" × 3.54" × 2.76" (32 mm × 90 mm × 70 mm) Processor, Battery, and Memory Processor MPC885 (PowerPC®) Processor Clock Speed 133 MHz Memory 72 MB (64 MB SDRAM, 8 MB Flash ROM) Secure Digital Input/Output (SDIO) card (for future use) Expandable or removable non-volatile memory Battery backup of SDRAM 30 days (accumulated), AA (LR6) 1.5 Volt Alkaline (non-rechargeable) Battery backup of Real Time Clock 12 months (accumulated) Cell coin 3 Volt lithium Communication BACnet/IP Automation Level Network (ALN) 10Base-T or 100Base-TX compliant BACnet MS/TP Automation Level Network (ALN) 9600 bps to 115.2 Kbps BACnet MS/TP Field Level Network (FLN) on the Expansion Module 9600 bps to 76.8 Kbps Human-Machine Interface (HMI) RS-232 compliant, 1200 bps to 115.2 Kbps USB Device port Standard 1.1 and 2.0 USB device port, full speed 12 Mbps, low speed 1.5 Mbps, Type B female connector. USB Host port Standard 1.1 and 2.0 USB host port, full speed 12 Mbps, low speed 1.5 Mbps, Type A female connector. Electrical Rating Power Requirements 24 Vac +/-20% input @ 50 or 60 Hz Power Consumption 24 VA @ 24 Vac AC Power NEC Class 2 Communication NEC Class 2 Siemens Building Technologies, Inc. Page 5 of 10 Operating Environment Ambient operating temperature 32°F to 122°F (0°C to 50°C) Ambient operating environment Operate in a dry location, which is protected from exposure to salt spray or other corrosive elements. Exposure to flammable or explosive vapors must be prevented. Shipping and storage environment -13°F to 158°F (-25°C to 70°C) 5% to 95% rh, non-condensing Mounting Surface Building wall or structural member Agency Listings UL UL 864 UUKL Smoke Control Equipment UL 864 UUKL7 Smoke Control Equipment CAN/ULC-S527-M8 UL 916 PAZX UL 916 PAZX7 Agency Compliance FCC Compliance Australian EMC Framework European EMC Directive (CE) - with enclosure Ordering Information TC Modular Series Product Number Description TC1000-E96.T TC Modular Series, BACnet/IP ALN, TALON Firmware PXX-485.3 Expansion Module with one BACnet MS/TP FLN connection Documentation Document Number Description 588-781 TC Modular Series Owner’s Manual 588-583 Powers Process Control Language (PPCL) User’s Manual Page 6 of 10 Siemens Building Technologies, Inc. BACnet Protocol Implementation Conformance Statement Products Product Model Number Protocol Revision Software Version Firmware Version BACnet TC Modular Series TC1000-E96.T PXX-485.3 135-2004 N/A 3.1 Vendor Information Siemens Building Technologies 1000 Deerfield Parkway Buffalo Grove, IL 60089 www.sbt.siemens.com Product Description An integral member of the TALON product family, the TC Modular for BACnet Networks is a high performance, modular Direct Digital Control (DDC) supervisory equipment and primary building controller. The TC Modular operates stand-alone or networked to perform complex control, monitoring and energy management functions without relying on a higher-level processor. The TC Modular communicates on a 10/100 MB Ethernet BACnet/IP or BACnet MS/TP network and optionally supervises BACnet MS/TP devices. BACnet Standardized Device Profile (Annex L) Supported Device Profile BACnet Operator Workstation (B-OWS) BACnet Building Controller (B-BC) BACnet Advanced Application Controller (B-AAC) BACnet Application Specific Controller (B-ASC) BACnet Smart Actuator (B-SA) BACnet Smart Sensor (B-SS) Siemens Building Technologies, Inc. Page 7 of 10 Supported BACnet Interoperability Building Blocks (BIBBs) BIBB Name Initiate Execute Data Sharing DS-RP-A Data Sharing-ReadProperty-A DS-RP-B Data Sharing-ReadProperty-B DS-RPM-A Data Sharing-ReadPropertyMultiple-A DS-RPM-B Data Sharing-ReadPropertyMultiple-B DS-WP-A Data Sharing-WriteProperty-A DS-WP-B Data Sharing-WriteProperty-B DS-WPM-B Data Sharing-WritePropertyMultiple-B DS-COV-A Data Sharing-COV-A DS-COV-B Data Sharing-COV-B DS-COVU-A Data Sharing-COV-Unsolicited-A DS-COVU-B Data Sharing-COV-Unsolicited-B Scheduling SCHED-I-B Scheduling-Internal-B SCHED-E-B Scheduling-External-B Alarm and Event Management AE-N-A Alarm and Event-Notification-A AE-N-I-B Alarm and Event-Notification Internal-B AE-ACK-A Alarm and Event-ACK-A AE-ACK-B Alarm and Event-ACK-B AE-ASUM-B Alarm and Event-Alarm Summary-B AE-ESUM-A Alarm and Event-Enrollment Summary-A AE-ESUM-B Alarm and Event-Enrollment Summary-B AE-INFO-A Alarm and Event-Information-A AE-INFO-B Alarm and Event-Information-B Trending T-VMT-A Trending-Viewing and Modifying Trends-A T-VMT-I-B Trending-Viewing and Modifying Trends-Internal-B T-VMT-E-B Trending-Viewing and Modifying Trends-External-B T-ATR-B Trending-Automated Trend Retrieval-B Page 8 of 10 Siemens Building Technologies, Inc. Network Management NM-CE-A Network Management-Connection Establishment-A Device Management DM-DDB-A Device Management-Dynamic Device Binding-A DM-DDB-B Device Management-Dynamic Device Binding-B DM-DOB-A Device Management-Dynamic Object Binding-A DM-DOB-B Device Management-Dynamic Object Binding-B DM-DCC-B Device Management-DeviceCommunicationControl-B DM-PT-A Device Management-Private Transfer-A DM-PT-B Device Management-Private Transfer-B DM-TM-A Device Management-Text Message-A DM-TM-B Device Management-Text Message-B DM-TS-B Device Management-TimeSynchronization-B DM-RD-B Device Management-ReinitializeDevice-B DM-BR-B Device Management-Backup and Restore-B DM-LM-B Device Management-List Manipulation-B DM-OCD-B Device Management-Object Creation and Deletion-B Standard Object Types Supported Name Creatable Deletable Analog Input Analog Output Analog Value Binary Input Binary Output Binary Value Calendar Command Device File Multi-state Output Multi-state Value Notification Class Schedule Trend Log Siemens Building Technologies, Inc. Page 9 of 10 Data Link Layer Options BACnet IP, (Annex J) BACnet IP, (Annex J), Foreign Device ISO 8802-3, Ethernet (Clause 7) ANSI/ATA 878.1, 2.5 Mb. ARCNET (Clause 8) ANSI/ATA 878.1, RS-485 ARCNET (Clause 8), baud rate(s) ____________ MS/TP master (Clause 9), baud rate(s):9600 bps, 19200 bps, 38400 bps, 76800 bps MS/TP slave (Clause 9), baud rate(s): ____________ Point-To-Point, EIA 232 (Clause 10), baud rate(s): _________________ Point-To-Point, modem, (Clause 10), baud rate(s): _________________ LonTalk, (Clause 11), medium: _________________________________ Other: _____________________________________________________ Segmentation Capability Able to transmit segmented messages Yes Window Size: 32 Able to receive segmented messages Yes Window Size: 32 Device Address Binding Is Static Device Binding supported? Yes Information in this document is based on specifications believed correct at the time of publication. The right is reserved to make changes as design improvements are introduced. TALON and TALON® View are registered trademarks of Siemens Building Technologies, Inc. Other product or company names mentioned herein may be the trademarks of their respective owners. © 2008 Siemens Building Technologies, Inc. Siemens Building Technologies, Inc. 1000 Deerfield Parkway Buffalo Grove, IL 60089-4513 U.S.A Your feedback is important to us. If you have comments about this document, please send them to sbt_technical.editor.us.sbt@siemens.com. Document No. 588-783 Country of Origin: US Page 10 of 10 Networking Options Router, Clause 6 BACnet/IP (Annex J) to BACnet MS/TP Annex H.3, BACnet Tunneling Router over UDP/IP BACnet/IP Broadcast Management Device (BBMD) Yes Does the BBMD support registrations by Foreign Devices? Character Sets ANSI X3.4 ISO 10646 (UCS-2) IBM™/Microsoft™ DBCS ISO 10646 (ICS-4) ISO 8859-1 JIS C 6226 RTU-1 AND RTU-2 SEQUENCE OF OPERATION Reference Questionnaire Solicitation: 19-7592 Reference Questionnaire for: Electronic System Services, Inc. (Name of Company Requesting Reference Information) Charles McLewin (Operations Manager) Cell: 239-229-5840 (Name of Individuals Requesting Reference Information) Name:Will Sneed (Evaluator completing reference questionnaire) Company: Email:wsneed@jhgi.com FAX: 239-389-9675 Telephone: 404-808-0795 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has l isted you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the it em or Project Description: Energy Management Systems Completion Date:Under Contract since 2008 Project Budget:$10,000,000 Project Number of Days:Currently still under Contract Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope).10 2 Ability to maintain project schedule (complete on-time or early).10 3 Quality of work.10 4 Quality of consultative advice provided on the project.10 5 Professionalism and ability to manage personnel.10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly.10 8 Abiltity to manage risks and unexpected project circumstances.10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.10 10 Overall comfort level with hiring the company in the future (customer satisfaction).10 TOTAL SCORE OF ALL ITEMS 100 Reference Questionnaire Solicitation: 19-7592 Reference Questionnaire for: Electronic System Services, Inc. (Name of Company Requesting Reference Information) Charles McLewin (Operations Manager) Cell: 239-229-5840 (Name of Individuals Requesting Reference Information) Name:Carlos Perez (Evaluator completing reference questionnaire) Company:Collier County Public Schools Email: perezc@collierschools.com FAX: (239)-377-0656 Telephone: (239) 377-0630 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the it em or Project Description: Pelican Marsh ES HVAC and BAS Upgrade Completion Date:10/30/2019 Project Budget: $568,000_____________________________ Project Number of Days:140 Days Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope).10 2 Ability to maintain project schedule (complete on-time or early).10 3 Quality of work.10 4 Quality of consultative advice provided on the project.10 5 Professionalism and ability to manage personnel.10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 8 7 Ability to verbally communicate and document information clearly and succinctly.10 8 Abiltity to manage risks and unexpected project circumstances.10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.9 10 Overall comfort level with hiring the company in the future (customer satisfaction).10 TOTAL SCORE OF ALL ITEMS Reference Questionnaire Solicitation: 19-7592 Reference Questionnaire for: Electronic System Services, Inc. (Name of Company Requesting Reference Information) Charles McLewin (Operations Manager) Cell: 239-229-5840 (Name of Individuals Requesting Reference Information) Name:Travis Delashmet (Evaluator completing reference questionnaire) Company: Email: tdelashmet@naplesgov.com FAX: NA Telephone: 239-213-7114 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the it em or Project Description: HVAC Controls maintenance and repairs Completion Date:On Going-Currently Have a PO for this FY. Project Budget:Approx-$50,000 Project Number of Days:On Going Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope).10 2 Ability to maintain project schedule (complete on-time or early).10 3 Quality of work.10 4 Quality of consultative advice provided on the project.10 5 Professionalism and ability to manage personnel.10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly.10 8 Abiltity to manage risks and unexpected project circumstances.10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.10 10 Overall comfort level with hiring the company in the future (customer satisfaction).10 TOTAL SCORE OF ALL ITEMS 100 Reference Questionnaire Solicitation: 19-7592 Reference Questionnaire for: Electronic System Services, Inc. (Name of Company Requesting Reference Information) Charles McLewin (Operations Manager) Cell: 239-229-5840 (Name of Individuals Requesting Reference Information) Name:Paul Bretones (Evaluator completing reference questionnaire) Company: Email: PaulBretones@shellpoint.org FAX:Telephone: 239-633-1496 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the it em or Project Description: Conversion to Tridium Niagara N4 for the Campus Completion Date:July 2019 Project Budget:$120,000.00 Project Number of Days:240 Days Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope).10 2 Ability to maintain project schedule (complete on-time or early).9 3 Quality of work.10 4 Quality of consultative advice provided on the project.10 5 Professionalism and ability to manage personnel.10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly.10 8 Abiltity to manage risks and unexpected project circumstances.9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.10 10 Overall comfort level with hiring the company in the future (customer satisfaction).10 TOTAL SCORE OF ALL ITEMS 98 EmployeeDOHJobTitleTimeinIndustryEducationSpecialSkills/NotesTraining&ProductCertificationsWattstopperLightControlTrainingActuationandValueTrainingAerialWorkPlatformOperatorAlertonAscentFundamentalsAlertonNetworkingFundamentalsAlertonCertifiedEngineer-BACtalkSystemsAmericanDynamicsAdvancedIntegratorforVictorVMSAPOGEESystemsIntegratorAPOGEELegacySystemsAdministratorAEHRAEMemberBT-e100v2.5:BACtalkBasicsBT-e200BT-e230BT-e400:BACtalkSystemProgrammingBT-e500:BACnetSystemNetworkingBT-e864:BACtalkSmokeControlDGLuxCertificationEEOProgramCertifiedEPAUniversalCertificationHoneybeeITCertification:Install&ConfigureNetworksHVACFundamentalsInfectionControlRiskAssessmentTrainingforHealthcareSettingsJ2FinCertificationNiagraFrameworkCertificationNiagra4CertificationNT-e100:NetworkingFundamentalsOSHACertfication(10HourConstruction)OSHACertification(30HourConstruction)PoweredIndustrialTruckOperatorPythonCertificationRobertshawDMSBasicandAdvacnedCertificationSkyFoundryCertificationSchneiderElectric:DrivesStartupCourseSchneiderElectric:HVACCourse#2722SiemensDCC100:IntroductiontoDesigoCCSiemensDemandFlowIntegratorSiemensDesigoCCIntegratorSiemensLMS103:ESOnlineSiemensP2SiemensSVP100:ValueAddedPartnerOpsCertificationSoftwareHouseAdvancedIntegratorSoftwareHouseEnterpriseLevelAdvancedIntegratorBarroso, David09/17/18Warehouse Assistant5 YearHigh SchoolWorks to manage warehouse and delivers to team memebers at job site.Brice, James07/30/09Engineer14 YearsHigh School/VocationalOne of the lead Application Engineers. Skilled on many brands or control systems. Has a strong graphics background.XXBrody, W. Steven05/01/80CEO45 YearsCeo and founder of ESSI. Has worn many hats as he has built the company up over the years.XXXXBrueckheimer, Craig07/15/19Service Tech7 YearsHigh School/VocationalVery top notch installer. Strong in networks, conduit, and wiring.XXDeveney, Jeffrey01/28/19Commissioning Tech25 YearsHigh School/VocationalVery strong HVAC background and knowledge of controls. Great at troubleshooting problems.XXXXXEdwards, Timothy03/10/08Electrician Installer11 YearsHigh School/VocationalVery top notch installer. Strong in networks, conduit, and wiring.XXXXGardner, Cyrus01/02/19Service Manager9 YearsHigh School/Vocational/NavyVery strong HVAC background and knowledge of controls. Great at troubleshooting problems.XXXXXXXGarcet, Leonardo05/09/11Electrician Installer23 YearsBachelors in Electrical EngineeringVery top notch installer. Strong in networks, conduit, and wiring.XXHernandez, Serafin05/19/11Electrician Installer18 YearsHigh School/VocationalVery top notch installer. Strong in networks, conduit, and wiring.XXXHowery, Rodney01/19/01Account Manager/Programmer/Engineer24 YearsHigh School/VocationalVery Skilled Engineer, Programmer, and TroubleshooterXXXXXXXXKelly, Eric09/04/07Service Tech18 YearsElectrical Engineering Vocational DegreeVery strong HVAC background and knowledge of controls. Great at troubleshooting problems.XXKyle, Gregory01/28/08Purchasing Manager12 YearsHigh SchoolHead of our purchasing department. Has great working knowledge of our devices and systems. Works with many employees on a daily basis.XXLoo Mejias, Wilder08/21/19Installer2 YearsBachelors in General Science MechanicalVery top notch installer. Strong in networks, conduit, and wiring.Ludwig, John03/01/10President34 YearsSome College/Trade LicensesVery strong HVAC background and knowledge of controls. Great at troubleshooting problems.XXXXXXXXXXXXXXXMcLewin, Charles07/09/18Operations Manager35 YearsElectrical and Electronics Engeering AAS/HVAC VocationalVery strong HVAC background and knowledge of controls. Great at troubleshooting problems.XXXXXXXXXXXXXXXXXXXMcRae, Thomas04/13/09Commissioning Tech10 YearsHigh School/VocationalVery strong HVAC background and knowledge of controls. Great at troubleshooting problems.XXXXXXXXMonteiro, Michael07/05/16Project Estimator23 YearsBachelors in Industrial TechnologiesVery strong HVAC background and knowledge of controls. Works with Customers and does Most construction Estimating.XXXXXXXMuzzey, David01/08/18Engineer3 YearsAssociates in Compter Aided DesignOne of the lead Application Engineers. Skilled on many brands or control systems. Does most of our AS Builts and project documentation.Negron, Aaron09/03/19Commissioning Tech3 YearsHigh School/HVAC Vocational DegreeGetting strong on HVAC and understanding of controls. XXXNilsen, Anton04/30/18Commissioning Tech3 YearsBachelors in General ScienceVery strong HVAC background and knowledge of controls. Great at troubleshooting problems.XXXXXPatterson, Damon09/03/19Service Coordinator2 MonthsHigh School/NavyLearning this industry and adapting to our service department.Potpolak, John11/11/02Account Manager/Programmer/Engineer20 YearsHigh School/VocationalVery Skilled Engineer, Programmer, and TroubleshooterXXXXXXXXXXXReyes, Gerardo01/12/04Electrician Installer24 YearsElectrical Engineering Vocational DegreeVery top notch installer. Strong in networks, conduit, and wiring.XXXRiddle, Michael05/06/19Project Manager21 YearsMasters in Professional Science/NavyLong time Project Manager in Low Voltage and IT world. Very knowledgable in those systems and manging crews.Rodriguez, Julio04/29/19Installer12 YearsBachelors in General ScienceVery top notch installer. Strong in networks, conduit, and wiring.XSides, Wylie07/15/19Installer1 YearHVAC Vocational DegreeVery top notch installer. Strong in networks, conduit, and wiring.Smith, Heather10/14/19HR Administrator12 MonthsBachelors in Business AdministrationVery good HR person and vast knowledge of laws and rules for the State of FL. Does great job with employees.Spangaro, Arnoldo01/29/18Project Manager5 YearsAssociates in Drafting & Design/ArmyNew BAS Project Manager in Low Voltage and BAS. Lot of experience in managing projects and crews.XXSummers, Stacey02/04/19Controller30 YearsAssociates in Business AdministrationThe Controller for the company and oversees everything accounting.Swenson, Matthew05/28/19Engineer5 MonthsMasters in Mechanical EngineeringOne of the new Application Engineers. Getting skilled on many brands of control systems. Showing great promise to becoming a very successful developer.XXXXXXTota, Louis03/05/18IT Manager36 MonthsBachelors of Science in Software DevelopmentThe IT manager for the company. Very skilled at troubleshooting computers and network equipment.XSee those items marked by "X" for each employee Form 7: Vendor Submittal Local Vendor Preference Affidavit (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) Collier County Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XV of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non - permanent structure shall not be used for the purpose of establish ing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose t he privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in Collier County or Lee County: 30 years Plus Number of Employees (Including Owner(s) or Corporate Officers):33 Employees Number of Employees Living in Collier County (4)and Lee (29)(Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in Vendor Name: Electronic System Services, Inc.Date: 11/11/2019 Address in Collier or Lee County: 12298 Matterhorn Road, Fort Myers, FL 33913 Signature: Title: Operations Manager 1.0 LOCAL VENDOR PREFERENCE (LVP) 1.1 The County is using the Competitive Sealed Bid methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08 establishing and adopting the Collier County Procurement Ordinance. 1.2 Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Colli er County from A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference st atus of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 1.3 Under this solicitation,bidders desiring to receive local preference will be invited and required to affirmativel y state and provide documentation as set forth in the solicitation in support of their status as a local business.An y bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the purposes of that specific contract award.Except where federal or state law,or any other funding source,mandates to the contrar y,Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. 1.4 Competitive bid (local price match option). Each formal com petitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive,non-local business submits the lowest price bid,and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the app arent lowest bid offer (i.e.,the lowest local bidder)shall have the opportunity to submit an offer to match the price(s), less one (1) dollar,offered by the overall lowest,qualified and responsive bidder.In such instances,staff shall first verify if the lowest non-local bidder and the lowest local bidder are in f act qualified and responsive bidders.Next,the Procurement Services Division shall determ ine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug-free workplace programs).If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087,the Procurement Services Division shall invite the lowest local bidder to submit a matching offer, less one (1) dollar,within five (5)business days thereafter.If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar,from the lowest non-local bid der tendered previously,then award shall be made to the local bidder.If the lowest local bidder declines or is unable to match the lowest non-local bid price(s),then award will be made to the lowest overall qualified and responsive bidder.If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087 ,and the lowest non-local bidder does,award will be made to the b idder that meets the requirements of the reference state law. 1.5 Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. 1.6 A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. 1.7 The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS AR TICLE I PURPOSE AND AUTHORITY E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States af ter completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer,the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. §1324a note). The Federal Acquisition Regulation (FAR)Subpart 22.18, “Employment Eligibility Verification”and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. AR TICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1.The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a.Notice of E-Verify Participation b.Notice of Right to Work 2.The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. 1466765 The parties to this agreement are the Department of Homeland Security (DHS) and the Electronic System Services Inc (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 4.The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5.The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a.The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify.Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6.The Employer agrees to comply with current Form I-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 I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-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 I-9. 7.The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 8.The Employer agrees that, although it participates in E-Verify,the Employer has a responsibility to complete, retain, and make available for inspection Forms I-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 I-9 procedures. a.The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly 1466765 Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9.The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-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 I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10.The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11.The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12.The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding,and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13.The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. §274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status 1466765 Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14.The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 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). 15.The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU,except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16.The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 17.The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18.The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS,SSA, their contractors and other agents, upon 1466765 Page 5 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: reasonable notice,to review Forms I-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. 19.The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services 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. 20.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. 21.The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (W eb)) 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. 22.The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1.If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2.In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a.An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. 1466765 Page 6 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 af ter November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. d.Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e.The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i.That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii.The employee’s work authorization has not expired, and iii.The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f.The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i.The Employer cannot determine that Form I-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 I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with 1466765 Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g.The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3.The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1.SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2.SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3.SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4.SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1.DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a.Automated verification checks on alien employees by electronic means, and 1466765 Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: b.Photo verification checks (when available) on employees. 2.DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3.DHS agrees to provide to the Employer 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 Employers 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 employers to take mandatory refresher tutorials. 5.DHS agrees to provide to the Employer 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 Employer’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, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8.DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees'employment eligibility within three Federal Government work days of the initial inquiry. 9.DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. AR TICLE III REFERRAL OF INDIVIDUALS TO SSA AND 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 1466765 Page 9 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 work days.SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5.While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6.The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1.If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and 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 1466765 Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 I-551, Form I-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. AR TICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1.SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. AR TICLE V 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. 1466765 Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: B. TERMINATION 1.The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2.Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business. 3.An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4.The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. AR TICLE VI PARTIES A.Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B.Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C.The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D.Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E.The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, 1466765 Page 12 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G.The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. 1466765 Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Ap proved by: Employer Name (Please Type or Print)Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print)Title Signature Date 1466765 Electronic System Services Inc Stacey Summers Electronically Signed 11/05/2019 USCIS Verification Division Electronically Signed 11/05/2019 Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for 1466765 Electronic System Services Inc 12298 Matterhorn Road Fort Myers, FL 33913 LEE 651105485 236 20 to 99 1 1466765 FLORIDA 1 site(s) 1466765 Name Charles McLewin Phone Number (239) 229 - 5840 Fax Number Email Address cmclewin@essicontrols.com Name Heather Smith Phone Number (239) 561 - 3774 ext. 100 Fax Number Email Address hsmith@essicontrols.com Name John Ludwig Phone Number (239) 229 - 1581 Fax Number Email Address jludwig@essicontrols.com Name Stacey Summers Phone Number (239) 561 - 3774 ext. 105 Fax Number Email Address ssummers@essicontrols.com 1466765 Page intentionally left blank 12298 MATTERHORN RD FORT MYERS,FL 33913 Current Principal Place of Business: Current Mailing Address: 12298 MATTERHORN RD FT MYERS,FL 33193 Entity Name:ELECTRONIC SYSTEM SERVICES, INC. DOCUMENT#P01000051385 FEI Number: 65-1105485 Certificate of Status Desired: Name and Address of Current Registered Agent: W. STEVEN BRODY 12298 MATTERHORN RD FORT MYERS,FL 33913 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Officer/Director Detail Date FILED Jun 13,2019 Secretary of State 2060129085CC STACEY D. SUMMERS CONTROLLER 06/13/2019 2019 FLORIDA PROFIT CORPORATION ANNUAL REPORT No Title CEO Name W. STEVEN BRODY Address 12298 MATTERHORN RD City-State-Zip:FORT MYERS FL 33913 Title P Name LUDWIG, JOHN W Address 12298 MATTERHORN RD City-State-Zip:FORT MYERS FL 33913 Title ST Name SUMMERS, STACEY D Address 12298 MATTERHORN RD City-State-Zip:FORT MYERS FL 33913 Title TR Name MONTEIRO, MICHAEL Address 12298 MATTERHORN RD City-State-Zip:FORT MYERS FL 33913 Electronic Systems Services Inc. 11/14/2019 Electronic Systems Services Inc. 11/14/2019 Electronic Systems Services Inc. 11/14/2019