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Agenda 10/27/2020 Item #16C 2 (ITB #20-7745)16.C.2 10/27/2020 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") # 20-7745, "HVAC Supplies and Customized Parts," to JSFM, Inc., d/b/a Johnstone Supply. OBJECTIVE: To competitively secure a responsible vendor to provide HVAC equipment, supplies, material, and the ability to provide customized parts for County specific repair needs related to the county -wide HVAC systems. CONSIDERATIONS: Collier County Facilities Management is responsible for maintaining the HVAC Systems in the County's various owned and leased buildings. To maintain the integrity and air- conditioned environment of those facilities, the company selected will provide HVAC Supplies and Customized Parts at a discounted rate to the County, as needed. On April 9, 2020, the Procurement Services Division released ITB # 20-7745 to eight thousand seven hundred thirty-seven (8,737) vendors for the "HVAC Supplies and Customized Parts" project. Sixty-two (62) interested vendors viewed bid packages, and the County received four (4) bids by the May 21, 2020 deadline. Staff concluded that two bidders were non -responsive, United Refrigeration, Inc. and Noland Company d/b/a Winsupply Port St. Lucie, FL Co., due to not meeting the ITB's requirements. Staff found the remaining two bidders, responsive and responsible: (1) Johnson Controls, Inc., and (2) JSFM, Inc., d/b/a Johnstone Supply ("JSFM"). Staff contacted both responsive and responsible bidders to clarify documents submitted and deemed those matters a minor irregularity. Respondents: Company Name City County State Discount Responsiv e/Responsi ble JSFM, Inc. d/b/a Johnstone Supply Naples Collier FL 50% Yes/Yes Johnson Controls, Inc. Tampa Hillsborou FL 50% Yes/Yes gh United Refrigeration, Inc. Naples Collier FL 51% No/Yes Noland Company d/b/a Winsupply Port St. St. Lucie FL 0% No/Yes Port St. Lucie, FL Co. Lucie As noted in the above table, both responsive bidders listed a 50% discount. Per Procurement Ordinance No. 2013-69, as amended, the final selection was determined by a random selection (a coin toss). JSFM prevailed as the winning bidder based on the random selection process. Therefore, staff recommends that the Board award ITB # 20-7745 to JSFM, Inc., d/b/a Johnstone Supply. A Purchase Order, with the County's standards terms and conditions, will be issued for this award. The award is for a three (3) years with two (2) one (1) year renewal options and prices shall remain firm for the initial term of the award. FISCAL IMPACT: The base annual amount of the contract is estimated to be $380,000.00 plus any additional and unanticipated services. Budget for this contract is provided in the General Fund Facilities Management Cost Center (001-122240). Packet Pg. 961 16.C.2 10/27/2020 GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve the award of Invitation to Bid # 20-7745, "HVAC Supplies and Customized Parts," to JSFM, Inc., d/b/a Johnstone Supply, and authorize staff to issue a standard County Purchase Order for the procurement as set forth above. Prepared by: Juan Delgado, Operations Analyst, Facilities Management Division ATTACHMENT(S) 1.20-7745 Solicitation (PDF) 2.20-7745 Bid Tabulation (PDF) 3. [Linked} 20-7745 Johnstone Proposal (PDF) 4.20-7745 JSFM_Insurance (PDF) 5.20-7745 JSFM_InsuranceWC (PDF) 6.20-7745 Notice of Recommended Award-9-1-20(PDF) Packet Pg. 962 16.C.2 10/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doe ID: 13503 Item Summary: Recommendation to award Invitation to Bid ("ITB") # 20-7745, "HVAC Supplies and Customized Parts," to JSFM, Inc., d/b/a Johnstone Supply. Meeting Date: 10/27/2020 Prepared by: Title: — Facilities Management Name: Kathleen Sibert 09/24/2020 8:56 AM Submitted by: Title: Director - Facilities Management — Facilities Management Name: Damon Grant 09/24/2020 8:56 AM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Procurement Services Barbara Lance Additional Reviewer Public Utilities Operations Support Joseph Bellone Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Public Utilities Department Dan Rodriguez Additional Reviewer Facilities Management Damon Grant Director - Facilities Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Budget and Management Office Ed Finn Additional Reviewer County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 09/24/2020 9:08 AM Completed 09/24/2020 11:42 AM Completed 10/01/2020 8:24 AM Completed 10/02/2020 1:54 PM Completed 10/05/2020 11:10 AM Completed 10/05/2020 4:16 PM Completed 10/06/2020 10:28 AM Completed 10/09/2020 1:28 PM Completed 10/13/2020 9:53 AM Completed 10/13/2020 10:13 AM Completed 10/14/2020 3:08 PM Completed 10/15/2020 3:33 PM Completed 10/19/2020 3:31 PM 10/27/2020 9:00 AM Packet Pg. 963 16.C.2.a Collier CoHnty Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR HVAC SUPPLIES AND CUSTOMIZED PARTS SOLICITATION NO.: 20-7745 BARBARA LANCE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8998 Barbara.Lance@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. r- 0 0 LO 1- ti ti 0 N C W E 0 0 a Packet Pg. 964 16.C.2.a SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 20-7745 PROJECT TITLE: HVAC Parts Supplies and Customized Parts DUE DATE: DATE & TIME PLACE OF BID 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 Collier County Public Utilities Facilities Management Division (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent on average $380,000 annually; however, this may not be indicative of future buying patterns. BACKGROUND Collier County Facilities Management Division has determined the need for a responsible contractor(s) to provide HVAC equipment, supplies, material and the ability to provide customized parts for County specific repair needs related to the County -wide HVAC systems. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows: ➢ The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. ➢ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below: • Highest Discount m N E 0 V c 0 m Q a V Q x c 0 M .2 0 co LO ti ti 0 N C m E t M .r Q C Packet Pg. 965 16.C.2.a ➢ Collier County reserves the right to select one, or more than one supplier, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • Award to a Primary, and Secondary vendor m ➢ The County reserves the right to issue a formal contract, standard County Purchase Order, or utilize the County Purchasing .N Card for the award of this solicitation. E 0 ➢ Primary vendor shall respond either via phone or e-mail within 24 hours of requested service or the County will move on to M Secondary vendor. V 13 c 0 DETAILED SCOPE OF WORK Q a Collier County Public Utilities Facilities Management Division is seeking proposals for list price discounts for HVAC Parts Supplies in and Customized Parts. "List price" is defined as manufacturer suggested retail price (MSRP), published catalog and/or internet pricing. Q Proposers are requested to provide a fixed percentage discount from current list prices in order to produce the lowest net cost for the > County. Vendors must be properly licensed to operate and sell requested materials within Lee & Collier County, Florida. Vendor shall = provide a list of all brands provided. L County employees purchasing items shall provide the vendor with a numbered and signed purchase order or a Collier County Purchasing Card. No sale shall be transacted without a purchase order number or Collier County Purchasing Card being provided to the vendor. If time is unreasonable for project at hand, the County reserves the right to order from the secondary vendor(s) on contract. A. References/Qualifications: 1. The Bidder must present a minimum of three (3) references for which they have provided similar, large quantity orders for HVAC equipment, supplies, material and customized parts within the last year. 2. Awarded Bidder(s) will be determined by previous experience and satisfactory performance of at least three (3) contracts or orders for similar materials and quantities within the last year, demonstrated by their references. 3. All three (3) references must include the name of the organization, a contact name, contact title, contact number, address, brief description of materials provided with quantities and date(s) of delivery (mm/yy to mm/yy). 4. A Bidder's previous experience with the County will be considered when evaluating the responses, however, Collier County (which includes all Departments and Divisions) may only be listed as one (1) reference. 5. Failure to submit references may result in deeming the bid non -responsive. B. Inspection of Organization: 1. The County reserves the right before recommendation of an award to inspect the facilities and organization; or to take M any other action necessary to determine the legitimacy of the bidder's submittal and their ability to supply the County as necessary under this ITB at or above a satisfactory level. o 2. The County further reserves the right to reject bids where investigation and evaluation or other evidence submitted, :R indicates an inability of the Bidder to meet all requirements or to supply the County under this ITB. Determining the ability or inability to meet all requirements and service to the County under this ITB will be at the discretion of the io County. LO ti ~ C. Licenses: 0 N 1. The Bidder shall provide a copy of current and previous year's licenses (2 total) to operate and sell requested materials c within Collier County, Florida. m E 0 .r Q Packet Pg. 966 16.C.2.a 2. All licenses must have a minimum classification of: "hardware material supplier" or similar category. Either a State or County occupational license will be acceptable. 3. All licenses shall have current name and address of the Bidder. If Bidder has moved since the issuance of the license, it must document as such with a written explanation and submit it with the bid. N E 0 4. Licenses shall be valid/current at the time of the bid opening and will be maintained throughout the duration of ) the contract and submitted to the County as necessary. 5. The selected vendor(s) shall comply with all Federal, State and Local rules, regulations and licensing M requirements for the duration of the contract. m Q 6. The Bidder may submit any other State Licenses, certificates or other licensure, which will further demonstrate 3 their capabilities. co V Q 7. All above mentioned documents shall be submitted with the bid. Failure to submit proper license(s) may be cause, to = deem the bid non -responsive. D. Location: 1. The Bidder shall have a commercial office / branch or warehouse facility, with adequate inventory, located and based within Lee or Collier County, Florida. 2. The Bidder shall provide the physical address of their commercial office / branch or warehouse facility and show proof Bidder has been in operation for a minimum of the last two (2) years . 3. Delivery Location: a. Facilities Management Division, Building W, 3335 Tamiami Trail E., Naples, FL 33412 E. Service Representative: 1. The Bidder shall provide contact information for the appropriate representative(s) to be contacted for order placement and coordination of service for regular workhours and after-hours. 2. The Bidder shall provide in the bid response, clarification for their regular workhours and for their after-hours. Bidder's holidays must be also identified. F. Urgent / After-hours: 1. In the event of a County deemed an urgent need for parts or service occurring during after-hours, the vendor will obtain an appropriate County Representative signature and date and time on the pack list. The pack list will have notation of "AFTER HOUR URGENCY". G. Delivery Requirements: 1. Bid prices shall be all inclusive of all costs including shipping/handling and delivery. Delivery will be made, upon receipt c 0 of purchase order from Collier County personnel, between the hours of 8:00 AM and 5:00 PM, Monday through Friday. :0 Shipments shall be F.O.B. destination and received between the hours of 8:00 AM and 5:00 PM, Monday through Friday. .2 The Vendor(s) will have one (1) business day to deliver supplies after receipt of the purchase order. If for reasons beyond 0 co the control of the company, delivery cannot be made by the specified date, it is the company's responsibility to indicate un the reason for the delay and the expected delivery date to the Project Manager. ti ti 2. Manufacturers list price is to be attached to all invoice(s) upon submittal. N c m E t c� .r Q Packet Pg. 967 16.C.2.a H. Invoicing Vendor invoices must reference: • Purchase Order Number • Part number • Quantity • County Employee that made the order • List Price • Percentage Discount I. Guarantee/Warranty: 1. All bidders must state guarantee/warranty policy on items purchased under this contract. Although specific requirements are not made a part of these specifications, evaluation and award of this bid will consider price in addition to guarantee/warranty policy. 2. Products that are deemed inferior, of poor quality, or unacceptable by representatives of the County shall be returned at no cost to the County and must be replaced within 24 hours from time of notice of unacceptability with an acceptable product. 3. Consistent shipment of unacceptable product may result in immediate termination of this contract. Bidders shall submit their guarantee/warranty policy with their bid. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)**** m N E w U) V c ea U) Qm a V Q c 0 0 co LO r- ti ti 0 N C 0 E t V r+ Q n5 Packet Pg. 968 Project Manager: Juan Delgado Procurement Strategist: Barbara Lance Notices Sen 16.C.2.b Bid Pkgs Viewed: Submittals: 4 Bid Tabulation 20-7745 HVAC Supplies and Customized Parts *Please provide a separate list of all brands provided. **Bidder must have a commercial office/branch or warehouse facility, with adequate inventory, located and based within Lee & Collier County, Florida. Non -Responsive Non -Responsive Noland Company dba Winsupply JSFM, Inc. dba Johnson Controls, United Port St. Loci Co Johnstone Supply Inc Refrigeration FL Item HVAC Supplies & Customized Parts Percentage Percentage Percentage Percentage Discount Discount Discount Discount 1 Discount Percentage off MSRP for all HVAC Supplies and Customized Parts **50 % 50 % 51 % Note on Addendum I Due to a tie, selection was determined by a random selection (coin toss). ** JSFM, Inc. dba Johnstone Supply won tie -breaker. JSFM, Inc. dba Johnstone Supply Johnson Controls, Inc United Refrigeration Noland Company dba Winsupply Port St. Loci Co FL Please complete & include all applicable documents. Yes/No Yes/No Yes/No Yes/No Bid Schedule Yes Yes No Yes Form 1: Vendor Declaration Statement Yes Yes Yes Yes Form 2: Conflict of Interest Certification Affidavit Yes Yes Yes Yes Form 3: Immigration Affidavit Certification Yes Yes Yes Yes Form 4: Vendor Submittal - Local Vendor Preference Affidavit Yes Yes Yes Yes Form 5: Reference Questionnaire (3) Yes Yes Yes Yes Form 6: Grant Forms (if applicable) * Yes * Yes * Yes No Insurance and Bonding Requirements Yes Yes Yes Yes E-Verify Yes * Yes * Yes No Sunbiz Page Yes Yes * Yes Yes Vendor W-9 Yes Yes * Yes Yes Addenda (4) *Yes Yes *Yes Yes Licenses (State or County Occupational license) Yes Yes *Yes No Location within Lee/Collier County Yes Yes Yes No Business open for 2 years Yes Yes Yes Yes Non -Responsive Non -Responsive Deemed Minor Ineguarity. Document(s) received. Procurement Strategist: _Barbara Lance Witness: _Viviana Giarmoustas Bid Open Date: _May 21, 2020 Packet Pg. 969 Client#: 577024 16.C.2.d JOHNS115 ACORDT., CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DOIYYYY) 9/11 /202( I rfls cEKTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THE 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 endors If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement o this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER US[ Insurance Services NW CL 601 Union Street, Suite 1000 Seattle, WA 98101 INSURED JSFM, Inc. dba Johnstone Supply 3484 Domestic Avenue Naples, FL 34104-3624 PHc, 206 441-6300 A^,�. 610-362-8: INSURERS) AFFORDING COVERAGE INSURER A: Hartford UrlderWriters Insurance Co INSURERS: Hartford Casualty Insurance COmpany COVERAGES CERTIFICATE NUMBER: ncvlclnnl �n tnnoco. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE' FOR THE POLICY PER INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH T CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER INSR WVD I POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A XI COMMERCIAL GENERAL LIABILITY CLAIMS -MADE C' OCCUR I I52UUNUS9637 I 8/01/2020 08/01/2021 EACH OCCURRENCE S1,000,00( DAMAGE TO RENTED PREMISES Ea occurrence s300,000 MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY S 1,000,00( AGGREGATE LIMIT APPLIES PER: - � LOC POLICY _ JECPROT GENERAL AGGREGATE S2,000,00( GEN'L PRODUCTS -COMP/OPAGG $2,000,00( OTHER: I $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY I I � 52UENHY8413 8/01/2020 08/01/20211 COMBINED ISINGLE LIMIT $1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident $ -- I $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE I EACH OCCURRENCE $ AGGREGATE $ DED i RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE� OFFICER/MEMBER EXCLUDED? Mandatory i If yes, describee under d DESCRIPTION OF OPERATIONS below I PER OTE TH- S N I A I E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County Board of County Commissioners is included as Additional Insured for any and all work performed in Collier County, under the captioned Commercial General Liability and Auto Liability policies on a primary and non-contributory basis if and to the extent required by written contract. CERTIFICATE HOLDER Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, FL 34112 ACORD 25 (2016/03) 1 Of 1 #S29826552/M29466023 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE '.e�'- © 1988-2015 ACORD CORPORATION. All rights rese The ACORD name and logo are registered marks of ACORD LYRJU CL CL z to U Q 2 L0 ti n O N m m o� C O M > I C --1 Packet Pg. 970 16.C.2.e WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY FORM 09-5 (Ed. 10-19) INFORMATION PAGE ASCENDANT COMMERCIAL INSURANCE, INC. A Stock Insurance Company NCCI Code #: 10233 PO BOX 141368 Coral Gables, FL 33114 1. The Insured: JSFM, INC - DBA JOHNSTONE SUPPLY OF NAPLES Mailing Address: 3484 DOMESTIC AVE NAPLES, FL 34104 Other workplaces not shown above: (See WC 99 06 06) PQ CY No, WC-75435-0 [XI New Business [ I A Renewal of: F E I N: 65-0007668 Risk ID: [ ] Individual [ ] Partnership [X] Corporation [ ] Other 2. The policy period is from April 1, 2020 12:01 AM to April 1, 2021 12:01 AM at the insured's mailing address. 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: FL B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $500,000 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: D. This policy includes these endorsements and schedules: (See WC 99 06 03) 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. Code Premium Basis Total Estimated Rate Per $100 of Estimated Classifications No. Annual Remuneration Remuneration Annual Premium (See WC 99 06 04) Experience Rating Modification Factor: 1.26 (See WC 09 04 02 A) Total Estimated Annual Premium: $11,544.00 FL Workers Comp. Insurance Guaranty Assoc. Surcharge: $115.44 Total Amount Due: $11,659.44 Date Issued: 03/11/2020 Countersigned by " — k � © Copyright 2019 National Council on Compensation Insurance, Inc. All Rights Reserved. Q Packet Pg. 971 16.C.2.e ASCENDANT COMMERCIAL INSURANCE, INC. L WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY a N Additional Workplaces Information Page Item 1. 0 Policy # WC-75435-0 Insured: U Effective Date: c 0 NCCI Carrier Code: 10233 Schedule .Q JSFM, Inc 6400 Metro Plantation Road FORT MYERS, FL 33966 FEIN: 65-0007668 Q- JSFM, Inc 1406 SE 10th Street CAPE CORAL, FL 33990 FEIN: 65-0007668 cn U Q 2 d v c N C LL U) n Ln ti ti O N C E WC 99 06 06 (09-09) Page 1 of 1 0 Q Packet Pg. 972 16.C.2.f DocuSign Envelope ID: 89FBE997-A034-4A3B-BF97-A927BECA8846 Co Ter County Administrative Services Department Procurement Services Division U Q Notice of Recommended Award = L 1* Solicitation: 20-7745 Title: HVAC Supplies and Customized Parts ti Due Date and Time: May 21, 2020 @ 3:00 PM Respondents: Company Name City County State Discount Responsive/Responsible JSFM, Inc. dba Johnstone Supply Naples Collier FL 50% Yes/Yes Johnson Controls, Inc. Tampa Hillsborough FL 50% Yes/Yes United Refrigeration, Inc. Naples Collier FL 51% No/Yes Noland Company dba Winsupply Port St. Luci FL Co. Port St. Lucie St. Lucie FL 0% No/Yes Utilized Local Vendor Preference: Yes 0 No M Recommended Vendor(s) For Award: On April 9, 2020, the Procurement Services Division released Invitation to Bid 20-7745 to eight thousand seven hundred thirty-seven (8,737) vendors for the "HVAC Supplies and Customized Parts" project. Sixty-two (62) bid packages were viewed, and the County received four (4) bids by the May 21, 2020 deadline. Staff found two (2) respondents responsive and responsible, (Johnson Controls, Inc and JSFM, Inc. dba Johnstone Supply). Two respondents were non -responsive (United Refrigeration, Inc and Noland Company dba Winsupply Port St. Lucie FL Co) due to not meeting requirements of the solicitation. The responsive and responsible respondents were contacted to clarify documents submitted and deemed a minor irregularity. As referenced in the above table, both respondents listed a 50% discount. Per the Procurement Ordinance, selection was determined by a random selection (coin toss). The winning respondent was JSFM, Inc. dba Johnstone Supply. Staff recommends this ITB be awarded to JSFM, Inc. dba Johnstone Supply the responsive/responsible respondent with the highest discount. Contract Driven Purchase Order Driven Required Signatures DocuSlpned by: Project Manager: Juan Delgad 6/24/2020 3981SC6AADB 48p... DocuSlpned by: Procurement Strategist: Barbara Land 6/24/2020 14490C1pA3D448F... Procurement Services Director: DocuSlpned by: Ht"t" 6/24/2020 Sa 99W> 'F5 Date Packet Pg. 973 Collier County Solicitation 20-7745 Solicitation 20-7745 HVAC Parts Services and Customized Parts Solicitation Designation: Public Collier County 5113/2020 8:51 AM P. 1 Collier County Solicitation 20-7745 Solicitation 20-7745 HVAC Parts Services and Customized Parts Solicitation Number 20-7745 Solicitation Title HVAC Parts Services and Customized Parts Expected Expenditure $380,000.00 (This price is expected - not guaranteed) Solicitation Start Date Apr 9, 202O 1O:S3:46 AM EDT Solicitation End Date May21, 20203:00:00 PM EDT Question &Answer End Date May 5, 2020 5:00:00 PM EDT Solicitation Contact Barbara Lance Procurement Strategist Contract Duration 3 years Contract Renewal 2 annual renewals Prices Good for 180 days Solicitation Comments Collier County Facilities Management Division has determined the need for a responsible contractor(s) to provide HVAC equipment, supplies, material and the ability to provide customized parts for County specific repair needs related to the County -wide HVAC systems. Added on Apr 14, 2020: MWOMOERM ADDITION: The below question was raised in BicISync: Question 1: 1 don't see a list of items you would like a bid on. Are you going to give us a list to bid on? Answer: Brand Names listed on attachment: 20-7745 Addendum 1. Added on Apr 16, 2020: CHANGE 1: Please see below changes to 20-7745 Solicitation (Section D. Location) D. Location: The Bidder shall show proof they have been in operation for a minimum of the last two (2) years. CHANGE 2: Grants_FEMA Pkg has been uploaded and MUST be completedlincluded in your Bid. 20-7745 Grants_FEMA Pkg Added on May 13, 2020: 5/13/2020 8:51 AM p. 2 Collier County Solicitation 20-7745 Addendum # 2 Addendum # 3 .. ..... Item Response Form Item 20-7745-01-01 - HVAC Parts Supplies and Customized Parts Quantity 1 each Unit Price $1 Delivery Location CO DU. No Location Specified Qty I Expected Expenditure $1.00 Description Provide fixed Percent discount on Bid Schedule. 50% discount to apply from published list price. 51 1312020 8:51 AM p. 3 Collier County Solicitation 20-7745 co 1e7' C0141 lty Adminstative 5ervirs5 Department Procurement Services r):"Isro t COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR HVAC SUPPLIES AND CUSTOMIZED PARTS SOLICITATION NO.: 20-7745 BARBARA LANCE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8998 Barbara.Lance@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 5/13/2020 8:51 AM p, 4 Collier County SOLICITATION PUBLIC NOTICE Solicitation 20-7745 "' ' - - —K 1"1'4 1 " DI V V I ts) A IJ Ivl13E R: 1 20-7745 t'HVjEiul, TITLE: HVAC Parts Supplies and Customized Parts DUE DATE: i DATE & TIME PLACE OF BID 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: htrlts`y--��w.17 d5y_nc cone l)idsvnc-casi As requested by the Collier County Public Utilities Facilities Management Division (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter. "ITB") with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance, Historically, County departments have spent on average S380,000 annually; however, this may not be patterns. indicative of future baying Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all the terms and conditions contained in this Agreement for up to one hundred eighty ( 180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All zoods are FOB destination and must be suitably packed and re ared to secure the lowest transportation rates and to comply with all carrier re ulations. 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 bV the COUNTY nonetheless remain with VENDOR. AM a ITB award criteria are as follows: The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below: • Highest Discount III 5/13/2020 8:51 AM P. 5 Collier County Solicitation 20-7745 Collier County reserves the right to select one, or more than one supplier, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • Award to a Primary, and Secondary vendor y The County reserves the right to issue a formal contract, standard County Purchase Order, or utilize the County Purchasing Card for the award of this solicitation. Primary vendor shall respond either via phone or e-mail within 24 hours of requested service or the County will move on to Secondary vendor. Collier County Public Utilities Facilities Management Division is seeking proposals for list price discounts for HVAC Parts Supplies and Customized Parts. "List price" is defined as manufacturer suggested retail price (MSRP), published catalog and?or internet pricing. Proposers are requested to provide a fixed percentage discount from current list prices in order to produce the lowest net cost for the County. Vendors must be properly licensed to operate and sell requested materials within Lee & Collier County, Florida. Vendor shall provide a list of all brands provided. County employees purchasing items shall provide the vendor with a numbered and signed purchase order or a Collier County Purchasing Card. No sale shall be transacted without a purchase order number or Collier County Purchasing Card being provided to the vendor. If time is unreasonable for project at hand, the County reserves the right to order from the secondary vendor(s) on contract. A. References/Qualifications: 1. The Bidder must present a minimum of three (3) references for which they have provided similar, large quantity orders for HVAC equipment, supplies, material and customized parts within the last year. 2. Awarded Bidder's) will be determined by previous experience and satisfactory performance of at least three (3) contracts or orders for similar materials and quantities within the last year, demonstrated by their references. 3. All three (3) references must include the name of the organization, a contact name, contact title, contact number, address, brief description of materials provided with quantities and date(s) of delivery (mm/yy to mmiyy). 4. A Bidder's previous experience with the County will be considered when evaluating the responses. however, Collier County (which includes all Departments and Divisions) may only be listed as one ( l) reference. 5. Failure to submit references may result in deeming the bid non -responsive. B, Inspection of Organization: I. The County reserves the right before recommendation of an award to inspect the facilities and organization; or to take any other action necessary to determine the legitimacy of the bidder's submittal and their ability to supply the County as necessary under this ITB at or above a satisfactory level. 2. The County further reserves the right to reject bids where investigation and evaluation or other evidence submitted, indicates an inability of the Bidder to meet all requirements or to supply the County under this 1TB_ Determining the ability or inability to meet all requirements and service to the County under this ITB will be at the discretion of the County. C. Licenses: I. The Bidder shall provide a copy of current and previous year's licenses (2 total) to operate and sell requested materials within Collier County, Florida. L'J 5/13/2020 8:51 AM p. 6 Collier County Solicitation 20-7745 2. All licenses must have a minimum classification of: "hardware material supplier" or similar category. Either a State or County occupational license will be acceptable. 3. Ali licenses shall have current name and address of the Bidder. If Bidder has moved since the issuance of the license, it must document as such with a written explanation and submit it with the bid. 4. Licenses shall be valid/current at the time of the bid opening and will be maintained throughout the duration of the contract and submitted to the County as necessary. 5. The selected vendors) shall comply with all Federal, State and Local rules, regulations and licensing requirements for the duration of the contract. 6. The Bidder stay submit any other State Licenses, certificates or other licensure, which will further demonstrate their capabilities. 7. All above mentioned documents shall be submitted with the bid. Failure to submit proper license(s) may be cause, to deem the bid non -responsive. D. Location: L The Bidder shall have a commercial office / branch or warehouse facility, with adequate inventory, located and based within Lee or Collier County, Florida. 2. The Bidder shall provide the physical address of their commercial office/branch or warehouse facility and show proof Bidder has been in operation for a minimum of the last two (2) years . 3. Delivery Location: a. Facilities Management Division, Building W, 3335 Tamiami Trail E., Naples, FL 33412 E. Service Representative: 1. The Bidder shall provide contact information for the appropriate representatives) to be contacted for order placement and coordination of service for regular workhours and after-hours. 2. The Bidder shall provide in the bid response, clarification for their regular workhours and for their after-hours. Bidder's holidays must be also identified. F. Urgent / After-hours: 1. In the event of County deemed an urgent need for parts or service occurring during after-hours, the vendor will obtain an appropriate County Representative signature and date and time on the pack list. The pack list will have notation of "AFTER HOUR URGENCY G. Delivery Requirements: 1 . Bid prices shall be all inclusive of all costs including shipping/handling and delivery. Delivery will be made, upon receipt of purchase order from Collier County personnel, between the hours of 8:00 AM and 5:00 PM, Monday through Friday_ Shipments shall be F.D.B. destination and received between the hours of 8:00 AM and 5:00 PM, Monday through Friday. The Vendor(s) will have one (1) business day to deliver supplies after receipt of the purchase order. If for reasons beyond the control of the company, delivery cannot be made by the specified date, it is the company's responsibility to indicate the reason for the delay and the expected delivery date to the Project Manager_ 2. Manufacturers list price is to be attached to all invoice(s) upon submittal. u 5/1312020 8:51 AM p. 7 Collier County H. Invoicing Solicitation 20-7745 Vendor invoices must reference: • Purchase Order Number • Part number • Quantity • County Employee that made the order • List Price • Percentage Discount I. Guarantee/Warranty- 1. All bidders must state guarantee/warranty policy on items purchased under this contract. Although specific requirements are not made a part of these specifications, evaluation and award of this bid will consider price in addition to guarantee/Warranty policy. 2. Products that are deemed inferior, of poor quality, or unacceptable by representatives of the County shall be returned at no cost to the County and must be replaced within'24 hours from time of notice of unacceptability with an acceptable product. 3. Consistent shipment of unacceptable product may result in immediate termination of this contract. Bidders shall submit their guarantee/warranty policy with their bid. e.. 7777777777777 v ........... ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)**** 5113/2020 8:51 AM P. 8 Project Manager: Juan Delgado Collier County Procurement Strategist: Barbara Lance Sid Schedule 20-7745 HVAC Supplies and Customized Parts *Please provide a separate list of all brands provided. **Bidder must have a commercial office/branch or warehouse facility, with adequate inventory, located and based within Lee & Collier County, Florida. Solicitation 20-7745 Notices Sent: Bid Pkgs Viewed: Submittals: '�or Decict tn, of IgrationG'S or Submittal -Local Vendor Preference AffidavitFor 5: Reference Questionnaire Form b: Grant Forms (if applicable) �:J Insurance and Bonding Requirements E-Verify Sunbiz Page Vendor W-9 Licenses (State or County Occupational license) e Location within Lee/Collier County Service Representative Business open for 2 years Procurement Strategist: Witness: Bid Open Date: 5113f2020 6:51 AM p. 9 Collier County Solicitation 20-7745 031-06-38 031-25-22 031-25-41 031-25- 45 031-25-49 031-53-20 031-67-00 031-76-00 220-14-00 910-17-00 967-02-00 981-00-00 992-47-00 5113l2020 8:51 AM P. 10 Collier County Solicitation 20-7745 MOTORS, HVAC FAN, ELECTRIC CONTROLS AND PARTS,:BARBER DOLMAN HVAC,(RARBER'COL MAN OR EQUAL.) CONTROLS AND PARTS, HONEYWELL HVAC (HONEYWELL OR EQUAL) CONTROLS AND PARTS, jOHNSON HVAC (JOHNSONOR EQUAL) CONTROLS AND PARTS, LANDIS AND GYR POWERS HVAC (LANDIS AND GYR POWERS OR EQUAL) DIFFUSERS AND PARTS, HVAC , HVAC Equipment, Accessories and Supplies (Not Otherwise Classified) Recycled HVAC Products, Accessories, and "tippfies Energy Computerized Control Systems for HVAC, Lighting, Utilities, etc. Combination Energy. Computerized Contfo1 Sy$tern {HVAC, Lighting, Utilities, etc) Inst wior�.,' Maintenance and Repair Services Air Conditioning, Heating, and Ventilating Equipment (HVAC) Manufacturing Services RENTAL OR LEASE OF GENERAL "EQUIPMENT! (WAG ATHLETIC, FIRR AP1D POLICE PROTECTION, ETC.) HVAC System Testing, Balancing and/or Troubleshooting Services 5/1312020 8:51 AM P. 11 Collier County Solicitation 20-7745 Cvffier County Administrative Sere ms Department Procurement Sera,ces [7',3is�n Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. Vendor should checkoff each of the following items: General Bid Instructions has been acknowledged and accepted. Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. VLDY orm 1: Vendor Declaration Statement L`J� Form 2: Conflict of In terest Certification Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - 1 tt %dos.my llorida convsunbiU should be attached with our submittal. Vendor MUST be enrolled in the E-Verify -hops:;: www.e-verily.govl at the time of submission of the proposal/bid. Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE �/-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Form 4: Certification for ClaimingStatus as a Local Business if , _applicable, has been executed and returned. Collier or I ee County Business Tax Receipt should be attached with your submittal to be considered. /Form 5: Reference Questionnaires form MUST be utilized for each required reference and included with your submittal, or you MAY be DEEMED NON -RESPONSIVE. Form b: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. L l Vendor W-9 Form. Vendor acknowledges Insurance Requirements and is prepared to produce therequired insurance certificate(s) within five 5) days of the County's issuance of a Notice of Recommend Award_ N/,4 he Bid Schedule has been completed and attached with your submittal, applicable to bids. Copies of all requested licenses and/or certifications to complete the requirements of the project. All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. V County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. Any and all supplemental requirements and terms has been acknowled ed and accepted, g p d, if applicable. 5113/2020 8:51 AM p. 12 " t;lPibA'' 0k,JANEJARY 28; 2020", Collier County Solicitation 20-7745 coer County Adininrstrative Services Departirrent Pmcuremert Services Drosiai Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods andlor services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. N WITNESS WHEREOF, i WE hav ereunto % su scribed our names on thiZ day of 2g,241 the County of in the State of kyo -, �- Firm's Legal Name: JSFM, Inc. DBA Johnstone Supply Address: 3484 Domestic Ave CiT, State, Zip Code: Naples, FL 34102 Florida Certificate of J91713 Authority Document Number Federal Tax 65-0007668 Identification Number *CCR 4 or CAGE Code *Only if Grant Funded Telephone: 239-643-3446 Email: store115@johnstonesupply.com Signature by: (Typed and written) Title: �Otiy PU p� KRISTINE ANN MAR NELLI Notary Public -State of Florida Commission # GG 286602 My Commission Expires "' December 25, 2022 5/1312020 8:51 AM p. 13 a"a Ul'DATEB JA_N VARY 28, 202o'-- Collier County Solicitation 20-7745 Additional Contact Information Send payments to: Johnstone Supply (required if different from Company name used as payee above) Contact name: Carol Resch Title: Office Manager Address: 3484 Domestic Ave City, State. ZIP Naples, FL 34102 Telephone: 239-643-3446 Email: carol.resch@johnstonesupply.com Office servicing Collier County to place orders (required if different from above) Contact name: David Resch or Sergio Ruiz Title: Manager Address: 3484 Domestic Ave City, state, ZIP Naples, FL 34102 Telephone: 239-643-3446 Email: store118@johnstonesupply.com 5/13/2020 8:51 AM p. 14 ED':1.4NUARY 28, 2020**' Collier County Solicitation 20-7745 COLL71137 COU11ty Administrative Services Depa&neni Precwemant Sen, res Dvis=on Form 2: Conflict of interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced preject(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. JSFM, Inc. DBA Johnstone Supply ompany Name Signature C),4 5t Print Name and Title State of Florida County of Collier The o e omg instrurn t was acknowledged before me by e phys' ] presenc or ❑ online notarization, this7 y of (month),= 1 (year), by (name of person acknowledging). (Signature oYNotary Publik 7-State ANN MARTINELLI (Print, tt+iYrtrro��g� tart' Public) Personally Known OR Produced IdentificationCommission —� ---�V. ire s I,a; My Commission Expires r.P.t' ' December 2'5 2022 Type of Identification Produced 5/13/2020 8:51 AM p. 15 "."'"t PD'IT UJA1Vt ARY'28,2024**" Collier County Solicitation 20-7745 co ,ter c01414ty Adminislrative Services Department Pracuremen; Serry cCes D visbn Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify prograrn httpsaiwww.e verify, *cam �;`} at the time of the submission of the Vendor's proposal./bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which )'011 be produced at the time of the submission of the Vendor's proposol/bid or within five (S) day of the Counly'.s Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (ANA"), Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (c) 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/bid. JSFM, Inc. DEIA Johnstone Supply Zmpany Name Signature 0,4 -1? o I cs �4 -17�� (— Print Name and Title State of Florida County of Collier The ore-o�mg instrume t was acknowledged before me by ans of phy al presence or ❑ online notarization, this! r flay of (month}, (year), by �� ( me ofperson acknowledging). C Signature of Notary Publi -State of Florida} RIS N MARTINELLI (Print, Typ 9s oCommission B b y Public) Personally Known OR Produced Identification =_ Corn My Commission Expires December 25, 2022 Type of Identification Produced 5(1312020 8:51 AM p. 16 *'"UPPAUP :lAtVl7ARY Z8,:20241* Collier County Solicitation 20-7745 5/13/2020 &51 AM p. 17 a;c.,lJPIthTED.tA1+fUARV 28,21f20— Collier County Solicitation 20-7745 Ca ier County Admirzs - +,re Services Departrnent b ra oemeNz, sev,ces D vision Form a: Vendor Submittal — Local Vendor Preference Certification (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 Fifteen 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: 1990 Number of Employees (Including Owner(s) or Corporate Officers). 17 dumber of Employees Living in ® Collier County or ® Lee (Including Owner(s) or Corporate Officers): 17 If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sian and Date Certification: Under enalties o efLu I certi , that the in ormation shown on this form is correct to rnv knowled e. Company Name: JSFM, Inc. DBA Johnstone Supply Address in Collie r Lee C /" Signature: �.t Date: 5/20/2020 Domestic Ave Naples, FL 34102 Title: 5/13/2020 8:51 AM P. 18 }*t7PB�TED'Ayi?ARY 28, Z026*:• Colder County 5dicrtation 20-7745 County ArltProwafM3era nE Form 5 Reference Questionnaire ffiZ ONE FORM FOR EACH R .OU= REFERENCE,! tation; Reference Questionnaire for: Jbhnsfone Supply (Name of Company Requesting Reference Information: David Resch (Name of individuals Requesting Reference Information) Name: Shirley Vick Company: School District bf Lee County (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: ShirleyWV@keschbbls.net FAX:239-479-4261 Telephone: 23 9-479-42 86 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project, The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey, Please rate each criteria to the best of your knowledge on a scale Of I to 10, with 10 representing that you were very satisifed (and would hire the firrrAndividual again) and I representing: that you were very unsatisfied (and would never hire the firnVindivdival 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 " V' Project Description: { 'L 15� Completion Date: _ ! U _ 1.4 Project Budget J } Project Number of Days: !y1 Item Criteria Score must be completed) 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; 10 invoices; manuals or going forward documentation, etc,) ] 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. 1 0 10 Overall comfort level with hiring the company in the Enure (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 U J E'. l�l !- C.��Q �' L`�I`� 1 C� - `L4yy� '��1 �' a.ri�< 4 l �c:Gt S Lei'► \ k 'i !V 5F1412020 12:08 PM,�j',-� 1&fvr , J- ,� ee d p. 20 �Y —UPDATED JANUARY 28, 2020"• Collier County Solicitation 20-7745 Coffler C-MVILty Administrative Services Department Procuremenl Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERE4CE) Solicitation: QQ 7745 Reference Questionnaire for: Johnstone Supply (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: SG 0-f4 Gr,; neS Company: /`T�P / z6I`dIr �/�►i V P�`f'r`r-j` (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email; p •f. rf"I ,S Ve, FAX: juf-mo^/S2 9 Telephone: 2f�-201-0l y'9' �I`: •. ,C6 v Collier Countv has imnlem enrerl a nrnevcc thnt rnllPrtc r F wF ,,,, .,.,,,,, ZRV uicu ncy priwuner ro De used in me 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 l to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: /AD�a NP �r Completion Date: Project Budget: as ?)P/, 3 f/ Project Number of Days: p Item Criteria Score must be completed) l Ability to manage the project costs (minimize change orders to scope). /U 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. U /v 4 Quality of consultative advice provided on the project. /10 5 Professionalism and ability to manage personnel. /0 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) ` U 7 Ability to verbally communicate and document information clearly and succinctly. d 8 Abiltity to manage risks and unexpected project circumstances. J 9 Ability to follow contract documents, policies, procedures, rules, regulations ,etc. / V 10 Overall comfort level with hiring the company in the future (customer satisfaction). rJ TOTAL SCORE OF ALL ITEMS /00 6/13/2020 8:51 AM p 19 —UPDATED JANUARY 28, 2020""* Collier County Solicitation 20-7745 C01 e-r co,. VJ y Administrative Servioes Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 20-7745 Reference Questionnaire for: (Name of Company RegAsting Reference Information) (Name of Individuals kequesting Reference Information) A p ] Name: JU � p Company: I�Y��;S (Evaluator completing refer ce questionnaire) (Evaluator's CApany completing reference) 6' L-f Email: FAX: "' _ Tele hone: Collier Count as im- lem�ett a fir- 6 rn Y p process t at collects reference infnrmat;nn nn frn,c �.,,� +t,o;. 4a,, .. ..,.� ... �_ _ •_vJ i.v..a vaa,i.a — W .— III LIIG selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: %6 Project Budget: Project Number of Days: item 1 Criteria Ability to manage the project costs (minimize change orders to scope). Score must be completed) 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. O 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. 8 Abiltity to manage risks and unexpected project circumstances. D J O 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction), TOTAL SCORE OF ALL ITEMS 511312020 8:51 AM P. 19 —UPDATED JANUARY 18, 2020— Collier County Solicitation 20-7745 FORM 6 IF APPLICABLE GRANT PROVISIONS AND ASSURANCES FORMS ARE PROVIDED IN SEPARATE PACKAGE AND MUST BE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. 5/13/2020 8:51 AM p 20 *"U OATEDJANuARV28,2R2D*** Collier County Solicitation 20-7745 CONFIRM ALL RE UIRED LICENSES AND FORMS ARE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. 5M 312020 8:51 AM p 21 AVOTATEDJAINUA V.28, 2020"** Collier County Solicitation 20-7745 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. c 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 C. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 2887 as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Changes: See Purchase Order/Contract Terms and Conditions DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 {Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. EXHIBIT I - 1 5/1 W2020 8:51 AM p 22 Collier County Solicitation 20-7745 EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination, See Purchase Order/ Contract Terms and Conditions Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA, EXHIBIT I - 2 5/13/2020 8:51 AM p 23 Collier County Solicitation 20-7745 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R, pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." Procurement of Recovered Materials (§200.322) (Materials Over $10,000): i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired: 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 The County is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service -disabled veteran business enterprises. All contracting and subcontracting opportunities afforded by this solicitation/contract are strongly encouraged when possible. Contractors may seek opportunities with minority businesses, women's business enterprises, and labor surplus area firms using the Dynamic Small Business Search tool: http kldsbs sba.qnr.dsi;s!soarch,?dsp_-dsbs.cfm. EXHIBIT I - 3 5/1312020 &51 AM p 24 Collier County Solicitation 20-7745 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R, Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- II A. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965. and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretaryof Labor, or as otherwise provided by law- (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules EXHIBIT I - 4 5/1312020 8:51 AM p. 25 Collier County Solicitation 20-7745 EXHIBIT I FEDERAL_ CONTRACT PROVISIONS AND ASSURANCES regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the Interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT 1 - 5 5113/2020 8:51 AM p. 26 Collier County Solicitation 20-7745 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document- Vendor/Contractor Name JSFM, Inc. DBA Johnstone Supply Date 5/20/2020 Authorized Signature EXHIBIT I - 6 5/13/2020 8:51 AM p 27 Collier County Solicitation 20-7745 EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIF1CA71f N RE RDING :DEBARMENT"'SUSPENSIONINELfGtBtLITY Vinci i:0�UNTARY EXCLUSJON; Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR JSFM, Inc. DBA Johnstone SunDly By: ` J �iJ iL Signature -i20 Name and Title 3484 Domestic Ave Street Address Naples, FL 34102 City, State, Zip DUNS Number 5/20/2020 Date Sub -Recipient Name: DEM Contract Number: FEMA Project Number: Collier County Board of County Commissioners TBD D R4486 EXHIBIT I - 7 5/13/2020 8:51 AM P 28 Collier County Solicitation 20-7745 EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT 15THEPRIMEA FLORIDA-CERTIFIED DISADVANTAGED, V=RAN V fS THE ACTIVITI( Of THIS CONTRACT., - BUSINESS CONCERN OR SERUICE DISABLED VETERAN, PRINJE 15 TO COMPLETE THIS NEXT SECTION f. SECTION TO BE COMPLETED BY PRIME VENIDOR/CONTRA(TOR C,q'rv) po5c'A 5,4�V.2 0 5(nx r y EMAIL ADDRESS OF PRIME ISUBMITTER) TELEPH(ME NUMBER r-AX-WdMBER NOTE: Tho Information is wed to track arA report wtbdparted OBE of MOE participation in fedvailly-funded contracn- The anticipated om or solicitiitionIf and �, F,--n auarded a Countv mntract, the prime viijif be asked to update the information for the grant canipliame f6es. APA 11 D. SECTI ON TO BE COMPLETED BY COLLIER COUNTY EXHIBIT |'u Collier County Solicitation 20-7745 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES To be s u bmitted vri t h e cfn bid t- a ---__ t . excee iihilAtI.:QU�1 The undersigned [Contractor] certifies, to the best of his or her knowledge, that. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C, § 3801 et seq., apply to this certification and disclosure, if any. JSFM, Inc. DBA Johnstone Supply Contract r (Firm Name) Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official 5/20/2020 Date EXHIBIT I - 9 5/13/2020 8:51 AM p. 30 Collier County Solicitation 20-7745 ittsurnnceRequttred ?L1it%ts 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence'of Workers' Compensation coverage or a Ceffiiicate of -Exemption issued by the State ofFlorida is required, Entities thttt are farmed a .Sole Proprietorships shall natic rquiird to praid a- pro�rf of exemption. Ari application for exemption can be obtalhed onlineat:tiit sf% ' s ildfs t/iio xem tl 2. ® Employer's Liability S_500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000 single limit per occurrence, $2.000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification 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_ 5. ® Automobile Liability S_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. S Per Occurrence ❑ 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. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability S Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7, ❑ Bid bond 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. 5113/202D 8:51 AM p 31 Collier County Solicitation 20.7745 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed Bonds contract by Proposers receiving award, and written for 100% 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 5010 of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by AM, Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® 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. ® 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. ® 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. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier Co(inty shall procure and,maintain utlders Risk Iri0rance tin all ponsfiructroh.projects where'.it is deemed';necessary 5taclt cPVerage ha[I be errdo17$ d to cpvets H114terosts of Collier Ctaudtyr s ri 11 aa; Con6actor. Premiums';shall be:billed to tJxe:prpjeut and tot contractor shall"not tncliade 13tteld rs Rtsk prenuui 8 a Its proyect proposal r,project bitlirtgs.. All questions re.garlrtg" uildRemill b,aess�3y"tte Coliero ty. . . anertt" 7ivtswn,: 3!3 1 20 - 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 JSF"nC4 . b8A Johnstone Supply pate 5/20/2020 Vendor Signature Print Name Insurance Agency Agent Name (I A-kc I •i) r. Sc. q Hartford Group & Ascendant (workers comp) Patty Wedge -Ludwig Telephone Number 239-823-4382 611312020 8:51 AM p 32 Collier County Solicitation 20-7745 1. PURPOSE/OBJECTIVE As requested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or "Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified Firms/Vendors/Contractors in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful Vendor will hereinafter be referred to as the "Vendor". All bids must be submitted on the Bid forms furnished by the County noted in Attachments of this ITB. Bidder may be deemed non -responsive if the Bid forms are not properly executed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non -responsive. 2. QUESTIONS 2.1 Direct questions related to this Bid to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsyne-cas/. 2.2 Bidders must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 3. COMPLIANCE WITH THE BID Bidders must be in strict compliance with this ITB. Failure to comply with all provisions of the ITB may result in disqualification. 4. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFP It is the sole responsibility of the vendor if they discover any ambiguity, conflict, discrepancy, omission or other error in the ITB, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the bid. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this ITB from the Procurement Services Division. 5. PRICING Vendors must provide prices using the unit of measure specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined. 6. ALTERNATE BID PRICING In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed may be considered technically non -responsive. 7. EQUAL PRODUCT Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or 6/13/2020 8:51 AM p. 33 Collier County Solicitation 20-7745 similar material. An equal or similar product may be bid, provided that the product is found by the County to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, the Vendor must contact the Procurement Services Division for instructions on submittal. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. S. DISCOUNT Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 9. ADDENDA The County reserves the right to formally amend and/or clarify the solicitation where it deems necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all Vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those Vendors who downloaded the ITB document. All addendums are posted on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. Before submitting a bid response, please make sure that you have read all documents provided, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in deeming your submittal non -responsive. 10. BID SUBMISSION All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.comjbidsyne-cas/ 11_ QUESTIONS If the Vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date, Direct questions related to this ITB only to the Collier County Procurement Services Division Internet website: httpsa/www.bidsync.com/bidsync-cas/. Questions will not be answered after the date and time noted. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 12. PROTESTS PROCEDURES 111 Any Vendor who alleges to be aggrieved in connection with the solicitation or award of a contract, may protest to the Procurement Services Director, who shall serve as the sole receipt of the any and all notices of intent to protest and all formal protests. 12.2 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) 5/13/2020 8:51 AM p. 34 Collier County Solicitation 20-7745 days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 12.3 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 124 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 12.5 Complete instructions for formal protest are set forth in Section 23 of Collier County Procurement Ordinance 2017-08, as amended. The protesting party must have standing as defined by established Florida case law to maintain a protest. 13. IMMIGRATION AFFIDAVIT CERTIFICATION 13.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (ITB) including professional services and construction services. (1) Exceptions to the program: (a) Commodity based procurement where no services are provided. (b) Where the requirement for the affidavit is waived by the Board of County Commissioners. 13.2 Vendors are required to be enrolled in the E-Verify program at the time of submission of the bid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. 13.3 Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. 13.4 For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: httpa/www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 511312020 &51 AM p. 35 Collier County Solicitation 20-7745 13.5 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1985 as located at 8 U,S.C. 1324, et seq_ and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. LOBBYING After the issuance of any solicitation, no current or prospective Vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective Vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (11) will be subject to Suspension and Debarment outlined in section Twenty -Eight of Procurement Ordinance 2017-08, as amended. 15. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA .(FL STATUTE 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document should be submitted with the solicitation response and the document number should be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. LOCAL VENDOR PREFERENCE (LVP) Any Vendor claiming local vendor preference must complete the required form and submit a Collier or Lee Business Tax receipt with their submission. 17. GENERAL INFORMATION When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall conduct a random selection (coin toss) by the Procurement Services Director before at least three witnesses. 18. BID AWARD PROCESS Award shall be made in a manner consistent with the County's Procurement Ordinance. Award recommendations will be posted on the Collier County Procurement Services Online Bidding system Online Bidding system website: https://www.bidsync.com/bidsync-cas/. 19. RESERVED RIGHTS Collier County reserves its right in. any solicitation to accept or reject any or all bids, proposals or o1'fLrs, to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves. the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requircnnents of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers, to award to one or more vendors, to award 5113/2020 8:51 AM p. 36 Collier County Solicitation 20-7745 all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the Countv. Collier County reserves its right to reject any sole response. 20. INSURANCE AND BONDING REQUIREMENTS 20.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall be required to provide the Certificate of Insurance(s) with the limits set forth in the solicitation within five (5) days upon notification of selection for award. If the Vendor cannot provide the document within the referenced timeframe, the County reserves the right to award to another Vendor. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 20.2 The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 20.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 20.4 Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." 20.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 20.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. 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. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 20.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. 20.9 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 20.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage 5/13/2020 8:51 AM p. 37 Collier County Solicitation 20-7745 or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 20.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under the Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 20.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 21. ADDITIONAL ITEMS AND/OR SERVICES Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 22. VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of S25,000. The County reserves the right to take into consideration a Vendor's past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. 23. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 23.1 The selected Vendor may be required to sign a standard Collier County contract or accept the County's Purchase Order terms and conditions to serve as a formal contact. 23.2 The resultant contract(s) may include purchase or work orders issued by the County's Project Manager (a/1c/a Contract Administrative Agent). 23.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements other documents or agree to any exceptions to the County's terms and conditions provided by the Vendor. 23A The County's Project Manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 24. PUBLIC RECORDS COMPLIANCE 5113/2020 8:51 AM P 38 Collier County Solicitation 20-7745 24.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 24.2 The Contractor must specifically comply with the Florida Public Records Law to: 24.2.1 Keep and maintain public records required by the public agency to perform the service 24.2.2 Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 24.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 24.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. if the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 25. PAYMENT METHOD Payments are made in accordance with the Local. Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: Purchase Order Number and description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: becapclerk@collierclerk.com 25.1 Payments will be made for articles and"or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline 5/13/2020 8:51 AM p. 39 Collier County Solicitation 20-7745 period is subject to non-payment under the legal doctrine of "]aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under the agreement. 25,2 In instances where the successful Vendor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 25.3 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 26. ENVIRONMENTAL HEALTH AND SAFETY 26.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 26.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. 26.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 26.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 27. LICENSES 27.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to DEEM VENDOR NON -RESPONSIVE. A Vendor, with an office within Collier County is also required to have an occupational license. 27.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. 27.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252- 5/1 W2020 8,51 AM p. 40 Collier County Solicitation 20-7745 2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 28. SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 29. RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 30. TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 31. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on ]eases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 32. SECURITY AND BACKGROUND CHECKS 32.1 The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records, Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 32.2 All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. 5I13.!2020 8:51 AM p 41 Collier County Solicitation 20-7745 32.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPSCcolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 32.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. if there are additional fees for this process, the vendor is responsible for all costs. 33. CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this ITB document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a Vendor from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 34. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, ITB, and, 'or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 35. DEDUCTION FOR NON-PERFORMANCE The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 36. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 37. FLORIDA WOOD PRODUCTS The Vendor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 38. STANDARDS OF CONDUCT The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 39. PROTECTION OF PROPERTY The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the 5/1312020 8151 AM p 42 Collier County Solicitation 20-7745 performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager shall coordinate with the Vendor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 40. COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document, 41. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, 45807, incorporated herein by reference. Copies are available through the Risk Management and/or Procurement Services Division and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. Alt costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 42. DEBRIS Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 43. DIRECT MATERIAL PURCHASE 43.1 The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation_ Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: 43.1. l Required quantities of material 5113/2020 8:51 AM p. 43 Collier County Solicitation 20-7745 43.1.2 Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable 43.1.3 Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 44. GRANT COMPLIANCE The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. The Vendor agrees include with the bid submission all the completed and fully executed Grant documents provided as an attachment to the solicitation, or you may BE DEEMED NON -RESPONSIVE. 45. EQUIPMENT Vendor shall have available and in good working condition, the necessary equipment to perform the required service_ If required by the County, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and obtain documentation of the Vendor's cost for time and material projects, and to withhold payments until documentation is provided, All County -purchased equipment must be new and of current manufacture in production at the time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. 46. STORAGE TANK INSTALLATION AND CLOSURE REQUIREMENTS (43-46 where applicable). The contractor shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDEP chapter 62 regulations: specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STi, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. The contractor shall notify the Solid& Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 47. 62-761.300 APPLICABILITY 47.1 General Requirements: 5/13/2020 &51 AM p 44 Collier County Solicitation 20-7745 47. l .1 Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of UST systems with individual storage tank capacities greater than 110 gallons that contain or contained: (1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 (2) Pollutants or hazardous substances after December 10, 1990; or (3) Regulated substances in unmaintained storage tank systems. 47.1.2 This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100 gallons containing motor fuels are subject to Federal UST rules (advisory information only -not required by this Chapter). 48. 62-762.301, F.A.C. APPLICABILITY 48.1 General Requirements: 48.1.1 Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of aboveground stationary storage tank systems with individual storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 (1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984; (2) Pollutants after March 12, 1991; or (3) Pollutants in unmaintained storage tank systems. 48.1.2 Aboveground compression vessels and hazardous substance storage tank systems: Owners and operators of compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing hazardous substances are only required to comply with subsections 62-762.401(1)-(2), F.A.C. 48.1.3 Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of aboveground mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral acids are only required to comply with Rule 62-762.891, F.A.C. 49. POLLUTION PREVENTION The Vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 50. DEFINITIONS 62-761.200(I1) and 62-762.201(16), F.A.C.: "County" means a locally administered program under contract with the Department to perform compliance verification activities at facilities with storage tank systems. 62-761.200(48) and 62-762.20](62), F.A.C.: "Pollutants" includes any "product" as defined in Section 377.19(11), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas. 62-761.200(51) and 62-762.201(65), F.A.C.: "Product" as defined in Section 377.19(11), F.S., means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed 5113/2020 8:51 AM p 45 Collier County Solicitation 20-7745 crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. 62-761(73) and 62-762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fuel motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails. Certification: The Vendor hereby agrees to comply with the instructions above, by submission of a bid/Proposal, 5/13/2020 8:51 AM p. 46 Collier County Solicitation 20-7745 1. PURCHASE ORDER TERMS AND CONDITIONS 1.1 Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 12 Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 1.3 Inspection 1.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. 1.3.2 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods andor services provided early in the term of the Purchase Order are non conforming or otherwise rejected by the COUNTY. 1.4 Shipping and Invoices 1.4.1 a) 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. 1.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 1.4. i c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. lAA d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 1.5 Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted 5/1312020 &51 AM p. 47 Collier County Solicitation 20-7745 by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 1.6 Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 1.7 Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 1.8 Statutory Conformity 1.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 1.9 Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 1.10 Indemnification VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 1.1 1 Warranty of Non Infringement 1.1 1.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret: and c) do not constitute unfair competition. 1.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' tees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 1 t (a). l .11.3 If any claim which arises from VENDOR'S breach of section 1 I (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that thev become non infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 51131202o 8:51 AM P 48 Collier County Solicitation 20-7745 I.12 Insurance Requirements The VENDOR. at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. L13 Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non -exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order, 1.14 Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 1.15 Assignment I.16 Taxes VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. L 17 Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 1.18 Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 1.19 General I.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida 1,19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. 5/13/2020 8:51 AM p A9 Collier County Solicitation 20-7745 1.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. I.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 1.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 5/13/2020 8:51 AM P. 50 Collier County Solicitation 20J745 Ct7 lher C014-111ty Administrative Services [ sloe P.,ccurerren: Services Date: April 14, 2020 Email: Barbara. Lance vcoIIiercountyfl.gov Telephone: 239.252.8998 ADDENDUM # 1 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 1—20-7745 HVAC Parts Supplies & Customized Parts This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: ADDITION: The below question was raised in BidSync: Question 1 I don't see a list of items you would like a bid on. Are you going to give us a list to bid on? Answer: Please see Brand list below (3 pages). 1 3M 21 Bock 41 Danfoss 2 3M Purification Inc 22 Bosch 42 DeWalt 3 5-2-1 Compressor Saver 23 Bradford White 43 Diversitech 4 Airtemp 24 Bray Actuators -Series 70 44 Dodge 5 Alco 25 Bristol 45 Dupont 6 American Standard 26 Broan-Nutone 46 DuraVent 7 AO Smith 27 Browning 47 Duro Dyne 8 Appion 28 Buderus 48 Dutro 9 Aprilaire 29 Bussman 49 Dwyer Instruments 10 Aqua Guard 30 C&D Valve Co 50 Eaton 11 Arkema 31 Century Motors 51 ECR 12 Arlington 32 Cleveland Controls 52 Embraco 13 Armaflex 33 Climate Masters 53 Emerson 14 Armstrong Pumps 34 Comfort Star 54 Emerson Flow Controls 15 Aut mation Components 35 Comfort -Aire 55 Fantech 16 Baldor-Reliance 36 CopeIand 56 Fasco 17 BAPI Products ZPS 37 Cozy 57 Fieldpiece 18 Barber -Colman 38 CPS 58 FLIR 19 Belimo Actuators 39 Cutler -Hammer 59 Flotec 20 Bell & Gossett 40 Daikin 60 Fluke 5/13!2020 8.51 AM P. 51 Collier County Solicitation 20-7745 61 Forane 98 1 Lennox International 135 Sanuvox 62 Franklin Electric 99 Lenox 136 Schneider Electric 63 Friedrich 100 Little Giant 137 Setra Products - 231 Series & M230 Series 64 FrigiKing 101 Mainstream Engineering 138 Shurtape 65 Fujitsu 102 Malco 139 Siemens •. 66 Functional Devices 103 Marathon Motors 140 Source 1 67 Furnas 104 MARS 141 Sporlan b8 Gates Corp05 p Martin Sprockets & Gears 142 Streamlight 69 GE Lighting 106 Maytag 143 Supco 70 GE Motors 107 McQuay 144 TAC 71 GearWrench 108 Milwaukee 145 TACO 72 General Tools 109 Mueller Industries 146 Tappan 73 Genteq 110 Nashua 147 TB Woods 74 GeoComfort 111 Nordyne-Partners Choice 148 Tecumseh 75 Goodman 112 Nu-Calgon 149 Testo 76 Goodway 113 Owens Corning 150 Thomas & Betts 77 Grundfos 114 Packard 151 TurboTorch 78 Hardcast 115 PACO 152 UEI 79 Harris Products Group 116 Panasonic 153 Uniweld 80 Hart & Cooley 117 Paragon 154 US Motors 81 Hartell 118 Parker 155 Viega 82 1 Heil 119 Permatex 156 Virginia KMP 83 Honeywell 120 Posi Lock 157 Watts 84 Ice-O-Matic 121 Quietflex 158 WEG Electric Corp. 85 iCM 122 Qwik Products 159 White -Rodgers 86 ICOR International 123 Ranco 160 Xylem (ITT McDonnell & Miller) Flow Switches 87 IFM Efector 124 Raychem 161 xylem (ITT McDonnell & Miller) Transformers 88 Ingersoll Rand 125 Rectorseal 162 Yellow Jacket 89 Intermatic/Grasslin 126 Revolv 163 Zebra Instruments 90 Invensys 127 Reznor 91 ITW Buildex 128 RIB 92 JB 129 Ridgid 93 Johnson Controls 130 Rinnai 94 Klein Tools 131 Ritchie 95 KMC 132 Robertshaw 96 Koyo (JTEKT Corp} 133 Robinair 97 Lau 134 Rust-Oleum 5I13l2020 8.51 AM p 52 Collier County Solicitation 20-7745 If you require additional information please post a question on our Bid Sync (,www.bidsvnc.com) bidding platform under the solicitation for this project. 3 50312020 8:51 AM p. 53 Collier County Solicitation 20-7745 Adrr histaat,oe ices ili rsion P€ccurerne.: Se vie Date: April lb, 2020 Email: Barbara. Lance�;colIiercountytl.gov Telephone: 2 3 9.2 5 2.8998 ADDENDUM # 2 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 —20-7745 HVAC Parts Supplies & Customized Parts This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: CHANGE 1: Please see below changes to 20-7745 Solicitation (Section D. Location) D. Location: C. =#};t, h'-�.�<tue-:;1*stlk-i�arE. �t_€aas€at�i�reia;�if�L.-';3€ejste4rtst�.-<k�tc�Ea�iti;e Ite�lit'.r--�,r3i€-�1zt}saga€c-tr�tua€ttHy.., ttsidteti as;il-1 per{. ti-i lair-t-,N<._t r {.;,,�;Iir€ C cs €tit 1:=1>iJa: t#3id h l d pnx-a=4"idlit-ft ri-ie a-€ti+e IA:d €mot! t24 --eitr� The Bidder shall show proof they have been in operation fora minimum of the last two (2) years. CHANGE 2: Grants_FEMA Pkg has been uploaded and MUST be completed/included in your Bid. 20-7745 Grants_FEMA Pkg If you require additional information please post a question on our Bid Sync (www,bidsync-com) bidding platform under the solicitation for this project. (Name of Firm) 1 511312020 8:51 AM p. 54 Collier County Solicitation 20-7745 Are r �y Email: Barbara.LanceCcoiliercountyfl.gov Admhistrativ e Services Civisbr) Telephone: 239.252.8998 Promer tnl services ADDENDUM # 3 Date: May 13, 2020 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum 4 3 — 20-7745 HVAC Parts Supplies & Customized Parts This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: CHANGE 1: The "Bid Open" date has been extended from: to: May 21, 2020 @ 3:00 pm. If you require additional information please post a question on our Bid Sync (�4��_w.bidsr-nc _coat) bidding platform under the solicitation for this project. Please sign below and return.3 c referenced station (Name ofFir>) i 5/1312020 8:51 AM P. 55 O) ier County Email: Barbara.Lance@colliercountyfl.gov Administrabue Services Division Telephone: 239.252.8998 Proa trement :Services ADDENDUM # 4 Date: May 14, 2020 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 4 — 20-7745 HVAC Parts Supplies & Customized Parts This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: CHANGE 1: The "Bid Opening" scheduled for May 21, 2020 @ 3:00 pm will no longer be held via P-lione `—enfef.ynee Bridge and will be "in person" at the below location: Procurement Services Division Conference Room A 3295 Tamiami Trail East, Bldg. C-2 Naples, FL 34112 Per the CDC Guidelines: • Social Distancing guidelines shall be applicable — persons 6 feet apart • Everyone shall wear a cloth face cover/mask If you require additional information please post a question on our Bid Sync (www.bidsync.coin) 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) (Name of Finn) c�vAo Date Collier County Solicitation 20-7745 Question and Answers for Solicitation #20-7745 - HVAC Parts Services and Customized Parts Question 1 I don't see a list of items you would like a bid on Are you going to give us a list to bid on ? (Submitted: Apr 10, 202012:17:16 PM EDT) Answer Please see Addendum 1. (Answered: Apr 14, 202D4:2i:57 PM EDT) Question 2 Please clarify the intent of commodity codes sheet (second second tab of the bid schedule) is pricing requested for this as well or is itjust for announcements? (Submitted: Apr 21..2045:52:57 PM EDT) Answer Commodity codes are standard classification codes for products and services used to deta i! where money is.. spent within a company. Using these codes tells Procurement Ser\6ces what kinds ofiterns are purchased most, so we can build better contracts They were listed to identify the companies that would bid on our solicitation. (Answered: Apr 22, 20208t17:51 AM EDT) Question Deadline: May 5, 2020 5.00:00 PM EDT 5/13/2020 8:51 AM P. 56 5f2012020 Detail by Entity Name DMSION OF CORPDRATIows e �j D&tpartrnerl of Stit I Division of Oo pprations I Search Records 1 Search y-gotity Name Detail by Entity Name Florida Profit Corporation JSFM, INC. Eii a'ng Information Document Number J91713 FEI/EIN Number 65-0007668 Date Filed 09/08/1987 Effective Date 09/03/1987 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/31/2012 Event Effective Date NONE Prir gigal Address 3484 DOMESTIC AVE NAPLES, FL 34104 Changed: 10/1412009 Mailing Address 3484 DOMESTIC AVE NAPLES, FL 34104 Changed: 10/1412009 Rg9igued gent Name & Address RESCH , DAVID A 3484 DOMESTIC AVE NAPLES, FL 34104 Name Changed: 06/11/2013 Address Changed: 03/0412019 Officer/DirectoE Detail Name & Address Title CD RESCH, DAVID A. 3484 DOMESTIC AVE. search. sun biz.org/Inquiry/Corporation Search/Search ResultDetaiPinquirytype=EntityName&directionType=initial&searchNameOrder=JSFM J917131&.,. 1/3 5/2012020 NAPLES, FL 34104 Title STD RESCH, CAROL L. 3484 DOMESTIC AVE. NAPLES, FL 34104 Title PD STEPHEN L. KING 3484 DOMESTIC AVE NAPLES, FL 34104 Title V RESCH, DAVID L 3484 DOMESTIC AVE NAPLES, FL 34104 AnnualBporta Report Year Filed Date 2018 03/26/2018 2019 03/04/2019 2020 01/21/2020 Document Imaggg 01121f2020 -- ANNUAL REPORT View image in PDF format 03/0412019 --ANNUAL REPORT View image in PDF format 03/2612018 - ANNUAL REPORT View image in PDF format 01it0/2017-ANNUA1- RE PORT View image in PDF format 03104/2016 - ANNUAL REPORT View image in PDF format 02/19/2015 -- ANNUAL REPORT View image in PDF format 01/2412014 --ANNUAL, REPORT View image in PDF formal 06l1112013 -- ANNUAL REPORT View image in PDF format _._ ........... IMIL2012 -- Amendment View image in PDF format ... -. M02/2012 -- ANNUAL REPORT View image in PDF format . ......... . Qil5f2011 -- ANNUAL REPORT View image in PDF format 02/22/2010 -ANNUAL REPORT View image in PDF format 10714/2009 -- RENSTATEMENT View image in PDF format 041 71200 -- ANN L REPORT View image in PDF format W0512007 -- ANNUAL REPORT View image in PDF format _ 05 14l2 - ANNUAL REPORT View image in PDF format ._._....... __--..._.._.__-. -_-_ 211 6 - ANNUAL REPOR View image in PDF format 0312V2005 -- ANNU-AL REPORT View image in PDF format Q411212004 -- ANNUAL REPORT View image in PDF format 041l812003 -- ANN UAL REPORT View image in PDF format 0410812002 - ANNUAL REPORT View image in PDF format 03/0812 01 --ANNUAL REP RT View image in PDF format _...................... Detail by Entity Name search.sunbiz.orgtlnquirylCorporationSearchlSearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder--JSFM J917131&... 213 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY FORM 09-5 (Ed. 10-19) INFORMATION PAGE ASCENDANT COMMERCIAL INSURANCE, INC. A Stock Insurance Company NCCI Code #: 10233 PO BOX 141368 Coral Gables, FL 33114 1. The Insured: JSFM, INC - DBA JOHNSTONE SUPPLY OF NAPLES Mailing Address: 3484 DOMESTIC AVE NAPLES, FL 34104 Other workplaces not shown above: (See WC 99 06 06) POLICY NO. WC-7505-0 [XI New Business [ I A Renewal of: FEIN: 65-0007668 Risk ID: [ I Individual [ I Partnership [XI Corporation [ I Other 2, The policy period is from April 1, 2020 12:01 AM to April 1, 2021 12:01 AM at the insured's mailing address. 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: FL B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of our liability under Fart Two are: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $500,000 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: D. This policy includes these endorsements and schedules: (See WC 99 06 03) 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. F—tlassifications Code Premium Basis Total Estimated Rate Per $100 of Estimated No. Annual Remuneration Remuneration Annual Premium (See WC 99 06 04) Experience Rating Modification Factor: 1.26 (See WC 09 04 02 A) Total Estimated Annual Premium: $11,544.00 FL Workers Comp. Insurance Guaranty Assoc. Surcharge: $115.44 Total Amount Due: $11,659.44 Date Issued: 03/11/2020 Countersigned by ca&-- @ Copyright 2019 National Council on Compensation Insurance, Inc. All Rights Reserved. Fo,m W-9 Request for Taxpayer (Rev. October2alE) Identification Number and Certification Give Form to the ❑apartment di UN Treasury requester. Do not Intamal Revenue Serulee ► Go to www.i-9ov/EormW9 for instructions and the latest information. Serrd to the IRS. 1 Name (as shown on your income tax MUm). Name is required on this line; do not leave this line btant o�"i in•s naQW0 sregarded emlty name, if differafit tram above Johnstone Su mS Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes, 4 Exemptkxia (coder apply onlyto 4 o Individualisole proprietor or ❑ C Corperatlon 218 Corporation ❑ Partnership ElTrusllestate certain entities, not Individuals; see iflstructlam on 3 �� )1 C o Single -member LLC ❑ LJmitrtd liability company. Enter the tax Exempt payee code (rf any) `o classification IC-0 corporation, S=S corporatism, P=Partnership) ► Not: Chock the appropriate box in the line above for CLLC the tax classricsWn of the single -member owner. Do not check if the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is Exemption iron FATCA reporting 4 u another LLC that is not disregarded from the owner for U.S. federal tax purposes. Citherovise, a single -member LLC that code (it any) is disregarded Irom the owner should check theappropriate ' box for tle tax classlflcation of as owner. ❑ other (see instructions) ► y noPttt w ae a m, aryxav a xrtr d. w u sa 5 Address (number, street, aril apt. ar sulfa nc.} See irmtructlons. Requester's Warne and 3484 DOMESTIC AVE eddreas (optionaE) 9 City, state, and ZIP code NAPLE$ FL 34104 7 List account rumberfst here footionan _. 1 ax fryer icientltication Number IN Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregard so entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to t a TJN, later. ge Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Under penalties of perjury, I certify or number 1. 'he number shown an this form is my correct taxpayer identification number (or t am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified bythe Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a Failure to report a1 interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. t am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(a) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct CartiRcallon instructions. You must cross out item 2 above if you have been ho5fied by the IRS that you are currently subject to backup withholding because You have failed to report all interest and dividends on yourtax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured tpperty, cancellation of debt, contributions to an individual ratrrement arrangement (IRA), and generally, payments other than interest and dlAdends, you�ra Pot required to sign the ca"on, but you rust provide your correct TIN. See the instructlons for Part It_ later Sign ftn"Um of Here I U.aPerson ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future devebpments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FarmKI9. Purpose of Form An individual or entity (Form W-9 requester) wha is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may de your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EINj, to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not tmhod to, the following. • Form 1099•INT (interest earned or paid} �► oats► �U • Form 1091(dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuttion) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. N you do not return Form W-9 to the requester with 8 74N, you might be subject to backup withholding. See What is backup withholding, later_ Cat. No. 10231x Form W-8 (ACV. 10.2016) COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 120458 COLLIER COUNTY TAX COLLECTOR - U00-N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477 VISIT OUR WEBSITE AT: WWW.c6l]iertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2019 LOCATION: 3484 DOMESTIC _AVE UNIT A DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. ZONED: C-5s FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS, BUSINESS PHONE: 643 3446 EGAL FORT STATE OR COUNTY LIC#. i Corporal' n JSFM, INC. I CLASSIFICATION: WHOLESALE BUSINESS { CLASSIFICATION CODE: 04700001 'Kati OF This document is a business tax only. This is not certifcation that lic ified It does not permit the licensee to violate any existing regulatory zoning co nor does it exempt the licensee from any other taxes or permits that may be requi UNNSTONE SUPPLY SFM, INC, 484 DOMESTIC AVE UNIT A IAALES, FL 34104 -THIS TAX IS NON -REFUNDABLE - DATE 09/10/2018 AMOUNT 30.00 RECEIPT 502-19-00082365 �s COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 120458 COLLIER COUNTY TAX COLLECTOR .2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477 VISIT OUR WEBSITE AT: wwwcolliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2020 LOCATION: 3484 DOMESTIC AVE UNIT A ZONED: C-a BUSINESS PHONE: 643-3446 STATE OR COUNTY UG #: CLASSIFICATION: WHOLESALE BUSINESS CLASSIFICATION CODE: 04700001 Cam�,.. �r?�` 1GAL FORNI"� Corporal' n lox. OP Ali� This document is a business tax only. This is not certification that lic aualifieed _ I"► It does not permit the licensee to violate any existing regulatory zoning lags nor does it exempt the licensee from any other taxes or permits that may be DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. JSFM, INC. JOHNSTONE SUPPLY ViSM, INC. 84 DOMESTIC AVE UNIT A LES,FL 34104 -THIS TAX IS NON -REFUNDABLE - DATE 08/19/2019 AMOUNT 30,00 RECEIPT 502-20-00095198 Your HVACR Headquarters Full Service for Every HVACR Market residential commercial Johnstone Supply beats the competition for HVACR parts and equipment inventory availability. With over 400 leading suppliers, you'll find everything from branded ., equipment and OEM parts, to installation and maintenance supplies, and accessories. Plus, over 1 million special order parts: If we don't have it, we can get it! With Johnstone Supply, you'll spend less time on the road refrigeration facilities and more time making money! m A/C Equipment Copper Tubing Gas Valves Oil Heat Supplies Sheet Metal Commercial Cutting Tools Generators Oil Separators Sheet Metal Tools A/C Equipment d Residential Damper Motors Grilles & Registers Oil/Gas Burners Sight Glasses Accumulators Definite Purpose Hand Tools Pneumatic Controls Smoke Alarms Air Filters Motors Heat Pumps Power Tools Solenoid Valves Air Volume & Direct Coupled Heaters Actuators Pressure Controls Supplies Velocity Meters . Disconnects Heating Cable Pressure Regulators Tape Alarms Humidity Recorders Duct Board Pressure Washers Test Instruments Attic Fans/Duct Fans H dronic Controls Duct Sealant y Pumps p Thermal Imo Imagers g ° Batteries Hydronic Pumps Duct Tape PVC Pipe & Fittings Thermocouples Bearings Ductless Mini -Split IAQ Equipment Receivers Thermometers Belt Drive Motors Systems Ice Machines Recycling Equipment Thermostats Belts Ductwork & Fittings Ignitors Refrigerant Recovery Time Delays • B-Vent Electric Heat Controls Industrial Fans Refrigerants Timers Capacitors Electrical Components Insulation Refrigeration - Transformers Cast Iron Boilers Electronic Controls Ladders Commercial Tubing Tools Charging Meters Evaporative Leak Detectors Refrigeration Condensing g Units Utility Blowers y Chemicals Coolers & Supplies Line Set Covers Utility Pumps Circuit Breakers Expansion Valves Line Sets Refrigeration Controls & Components UV Lights CO Testers Fan Blades Load Calculation Refrigeration & Valve Accuators Combustion Analyzers Filters & Driers Software AC Tools Valves Commercial Make Up Air Units Fittings Refrigeration Unit Vent Pipe Ventilation Flex Duct Mali Coolers Ventilators Compressors Pipe & Fuel Oil Units Pipe Fittings Refrigeration Valves Vinyl Tubing Condensate Switches Furnaces Motor Starters Relays Wall Fans & Frames Condensers Motorized Dampers Gas Burner Roof Turbines Water Heaters Condensing Boilers Combustion Kits Motors Safety Equipment Water Valves Condensing Unit Pads Gas Ignition Systems Motors - Commercial Safety Supplies Welding & Brazing Connected Home Gas Line & Connectors Mounting Supplies Safety Valves Products Contactors Gas Pressure Multimeters Scales Whips Controls Regulators OEM Replacement Parts Security Cameras Zone Controls M JOHNtiTQNE MOSUPPLY 1 6 o Visit us at JohnstoneSupply.com Making it Easier for You to Do Business! Installing quality products means fewer call backs. That's why Johnstone Supply carries only the best in HVACR parts, supplies and equipment. We carry more than 70,000 products from over 400 nationally known manufacturers so you never have to worry about the products you use every day. When you install name brand parts from Johnstone Supply, you've got our personal guarantee of reliability, backed by the industry leaders in residential and commercial heating, air conditioning, ventilation and refrigeration. 3M A-1 Compressors AG Guard AGE Chemical Acme Miami AEGIS Aftermarket Specialties Air King Airex AirTec AKO Al Janson Allied Air Amana Amcot American Elite Molding American Water Heater Amerivent Amprobe AMT AO Smith Apco Appion Aprilaire AquaG uard Arc Suppression Arkema Armstrong Armstrong Pumps Arrow Arzel Zoning Aspen Manufacturing Aspen Refrigerants Bacharach Baltimore Parts BASO Gas Products Beckett Bell & Gossett BBVGuard Breezair Broan-Nutone Browning Buffalo C & D Valve Caletfi Camco Cam-Stat Carling Technologies Carlisle Carson Manufacturing CDI Century Motors Chromalox CLC Climax Metal Products Cliplight Coleman Comfort Select Comfort -Aire Compress Shield Congress Drives Control Products Control Techniques, Nidec Motor Corporation Convair Cooper Bussmann Cooper -Atkins Copeland Copeland Refrigeration CounterStrike Cozy CPS Crescent Daikin Danfoss Day & Night Dektite Delavan Dial Manufacturing Diversitech Dixell Dormont D u raVent Duro Dyne Dwyer Dynatemp Easyheat Eaton Eaton Wiring Devices ecobee Elco Electrical Motors & Specialties Embraco Emerson Emme Energizer ESP ESS Evcon Evergreen EM Extech EZ Trap Fantech Fasco Fast-Stat Fenwal Field Controls Fieldpiece Firomatic First Go AAF Flanders FLIR Flow Right Filter Box Fluke Forane Fresh -Aire UV Friedrich Fuj itsu G.D_ Supply Gaskets Unlimited, Llc GE Appliances GE Lighting GE Motors GearWrench General Controls General Filters General Tools GeneralAire Genetron Genteq Glasflcss Goodman Google Nest Grasslin Grundfos Hankison Hardcast Harris Hart & Cooley Hartall Heatcraft HeatLlnk Heatrim American Hoffman Honeywell Honeywell Analytics Honeywell Buildings Honeywell Generators Horton Howell Metals Hudson Hydrolevel Ice-O-Matic ICM ICOR ICP ICP Fast Parts Ideal iManifold Inficon Infrasave Intermatic Jason JB JMF Johnson Controls K.B. Electronics K-Flex Kickstart Klein Tools KMC Knipex Koch Filter Koldwave KR Products LA -CO Lau LeakSmart Lennox Lenox Little Giant Lucas-Milhaupt Lufkin Lynn Maid-O'-Mist Mainstream Engineering Malco Marathon Motor MARS Mars Air Systems Mason Industries Maxitrol Maytag McDaniel Metals McQuay Metal Fab Midwest Milwaukee Mitco Modine Molex Morrill Motors Mueller Napco Nashua National Comfort Products National Standard Parts Navien Novent NTI Boilers Nu-Calgon nVent Thermal Owens Corning Packard Panasonic Paragon Parallel Parker Hannifin Corporation Partner's Choice PECO Peerless Pentair Permatex Phoenix Polyken Posi Lock Prof IAQ PS Intermade Purolator Quietflex Quincy Ranco Rectorseal Add store information here Red Devil Reflectix Refrigeration Technologies Rescue Select Resideo (Honeywell Home) Respicaire Revcor Revolv Reznor RIB Ridgid Rinnai Robertshaw RSES Safe T Alert Safe-T-Switch Sanuvox Schaefer Brush Schneider Electric Seaimaster Sensible Products Shurtape Siemens Industry SIT Sky Electronics SLIMDUCT Smith Cooper Snappy SOG Salair Soler & Palau Sootmaster Source 1 Southwark Southwire SpacePak Spectronics SpeedClean SPIN SPIRALINK Spirotherm Sterling Streamlight Suntec Supco Superior Refrigeration Sure Start System Sensor Taco Tecumseh Teddico Temp -Cool Testo Thermal Arc Thermal Dynamics Thermo Thermo Pride Tin Knocker Titan Tiernlund Tork TPI TruAire True Food Service Equipment True Mfg. TurboTorch Tweco Twin -Flo III UEi Unique Breakers Uniweld Uponor US Motors Vaco Velocity Boiler Works Ventamatic Victor Viega Ward Watts Wayne WD-40 Webstone Weiss Weller Werner Westermeyer Westwood White -Rodgers Williams Worthington Xylem Yellow Jacket York York Parts Zebra Instruments Company ID Number: 1543138 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the JOHNSTONE SUPPLY (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DNS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (11RIRA), 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. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06101113 V r i -• .+ Company ID Number: 1543138 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8, The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date O6/01113 V rify.�.. �3..., Company ID Number: 1543138 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12, The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06YO1113 illl �f Company ID Number: 1543138 (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 OHS 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 2748 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-Verifv@dhs.cov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06101/13 eri Company ID Number: 1543138 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 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. 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. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06101/13 4'r Company ID Number: 1543138 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: That Form 1-9 is complete (including the SSN) and complies with Article II.A.6 ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06101113 -Ve r f ti Company 10 Number: 1543138 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3_ The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government 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 Page 7 of 17 E-Verify MOU for Employers I Revisions Date Q610V13 -Verif Company ID Number: 1543138 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. 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 Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1543138 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 Page 9 of 17 E-Verify MOU for Employers I Revision Date 06101M Company ID Number: 1543138 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer) 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE 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. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01113 Ven Company ID Number: 1543138 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. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS. SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. 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, Page 11 of 17 E-Verify MOLE for Employers I Revision Date 06101/13 -Veafy.-.... itll� ' Company ID Number: 1543138 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. Page 12 of 17 E-Verify MOU for Employers i Revision Dale 06101it3 verl Company ID Number: 1543138 Approved by: Employer JOHNSTONE SUPPLY Name (Please Type or Print) Title CAROL RESCH Signature Date Electronically Signed 05120/2020 Department of Homeland Security — Verification Division Name (Please Type or Print) itle USCIS Verification Division Signature Date Electronically Signed 05/20/2020 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01113 Company ID Number: 1543138 Information Required for the E-Verify Program Information relating to your Company: Company Name JOHNSTONE SUPPLY Company Facility Address 3484 DOMESTIC AVE MAPLES, EL 34104 Company Alternate Address County or Parish COLLIER Employer Identification Number 650007668 North American Industry Classification Systems Code 423 Parent Company Number of Employees 10 to 19 Number of Sites Verified for 3 Page 14 of 17 E-Verify MQU for Employers I Revision Date 06/01113 Company ID Number: 1543138 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 3 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 o! Ven Company ID Number: 1543138 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name CAROL RESCH Phone Number (239) 643 - 3446 Fax Number Email Address STORE115@JOHNSTONESUPPLY.COM Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13