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Agenda 06/13/2023 Item #16C4 (First Amendment to Agreement #20-040 NS to continue purchasing Neptune large water meters and components)16.C.4 06/13/2023 EXECUTIVE SUMMARY Recommendation to approve a First Amendment to Agreement No. 20-040-NS with Ferguson Enterprises, LLC, d/b/a Sunstate Meter & Supply, to exercise the first one-year renewal term and revise the Exhibit B Fee Schedule to recognize the addition of Neptune MACH 10 Ultrasonic Meter replacements for obsolete meters and price increases on Neptune HP Protectus III meters. OBJECTIVE: To approve a First Amendment to Agreement No. 20-040-NS to continue purchasing Neptune large water meters and components for the County's existing water system, to ensure accuracy and reliability in the County's meter reading and utility billing system. CONSIDERATIONS: On September 22, 2020 (Agenda Item No. 16.C.3), the Board approved Agreement No. 20-040-NS for Large Meters (the "Agreement") with Sunstate Meter & Supply, Inc., as the sole distributor of Neptune large meters, components, and services necessary to maintain the County's water distribution system. On February 8, 2022 (Agenda Item No. 16.E.1), the Board approved an Assumption Agreement assigning all rights, duties and benefits, and obligations under the Agreement to Ferguson Enterprises, LLC, d/b/a Sunstate Meter & Supply ("Ferguson"). As a result of that assignment, Ferguson became the sole distributor of Neptune large meters, components, and services necessary to maintain County's existing water distribution system in place of Sunshine Meter & Supply, Inc. On April 25, 2023, in response to a Procurement Services request to renew, Ferguson responded by communicating the obsolescence of the Tru/Flo Compound meters the County currently uses and proposed an alternative meter, the MACH 10 Ultrasonic Meter, which would align with the County's current investment in Neptune large meters. In addition, due to inflation and raw material costs, the HP Protectus III meters currently used by the County will have an average price increase of 75% going forward. The new meter prices are reflected on Exhibit B-1 Fee Schedule attached to the proposed First Amendment. Ferguson has held its current price firm for the County for the last three years, and this request to amend the Fee Schedule is made in conjunction with exercising the first renewal term under the Agreement. Collier County has 622 meters 3" and larger within the Water Sewer District. The County approved and has been installing Neptune large meters in its water distribution system since 2002 to ensure accuracy and reliability in its meter reading and utility billing system. The approval of the proposed First Amendment to exercise the first renewal term is necessary to provide adequate stock and replacement of large meters. The County will pre- purchase adequate stock of Protectus III and True Flows meters to minimize budget impacts and have an adequate supply on hand for scheduled replacements. The new meters will meet current standards and capture 100% of flow maximizing revenue. Staff confirmed Ferguson's documentation of increased pricing factors and compared pricing to recently updated pricing to Lee County for the same and similar water meters. Staff found the proposed prices fair and reasonable when examining the current market. The revised pricing schedules become effective on September 21, 2023. Staff will place orders for large meters within our spend limitation prior to the implementation of the revised pricing schedule. FISCAL IMPACT: Funding is available in, and consistent with, the FY 2023 Operating Budget approved by the Board on September 19, 2022. The source of the funding is the Collier County Water -Sewer District Operating Fund (4008) and Water Capital Fund (4012). The exact fiscal impact will depend on the number of meter failures and replacements required prior to scheduled replacements; however, County staff do not anticipate exceeding the original $500,000 Board approved annual spend under Agreement 20-040-NS. If the spend is going to be exceeded, an item will be brought back to the Board for approval. LEGAL CONSIDERATION: This item is approved as to form and legality and requires majority vote for Board approval. -SRT Packet Pg. 881 16.C.4 06/13/2023 GROWTH MANAGEMENT IMPACT: There is no growth management impact with this request. RECOMMENDATION: To approve a First Amendment to Agreement No. 20-040-NS with Ferguson Enterprises, LLC, d/b/a Sunstate Meter & Supply, to exercise the first one-year renewal term and revise the Exhibit B Fee Schedule to recognize the addition of Neptune MACH 10 Ultrasonic Meter replacements for obsolete meters and price increases on Neptune HP Protectus III meters, and authorize the Chairman to sign the attached amendment. Prepared by: Jesse Komorny, Manager, Meter Operations ATTACHMENT(S) 1.20-040-NS 1st Amend FergusonEnterprises, LLC. dba SunstateMeter&Supply_VS (PDF) 2.20-040-NS Assumption_ FergusonEntLLC_Contract (PDF) 3. FY22 Waiver Request 048 - Ferguson Enterprises dba Sunstate Meter and Supply (PDF) 4. Collier Co. 2023 Neptune Price Increase Notice FAQ - PDF (PDF) 5. Lee County - Ferguson - Neptune prices as of 04-2023 (PDF) 6. Collier Co. - Price Consideration Letter 4.25.23 (PDF) Packet Pg. 882 16.C.4 06/13/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doc ID: 25569 Item Summary: Recommendation to approve a First Amendment to Agreement No. 20-040-NS with Ferguson Enterprises, LLC, d/b/a Sunstate Meter & Supply, to exercise the first one-year renewal term and revise the Exhibit B Fee Schedule to recognize the addition of Neptune MACH 10 Ultrasonic Meter replacements for obsolete meters and price increases on Neptune HP Protectus III meters. Meeting Date: 06/13/2023 Prepared by: Title: Manager Corp Compliance and Continuous Improvement — Corporate Compliance and Continuous Improvement Name: Megan Gaillard 05/17/2023 2:42 PM Submitted by: Title: Department Head - Public Utilities — Public Utilities Department Name: George Yilmaz 05/17/2023 2:42 PM Approved By: Review: Water Pamela Libby Additional Reviewer Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Public Utilities Department Andrew Youngblood Additional Reviewer Corporate Compliance and Continuous Improvement Megan Gaillard Procurement Services Sue Zimmerman Additional Reviewer Water Howard Brogdon Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department Megan Gaillard Level 2 Division Administrator Review Procurement Services Sandra Herrera Procurement Director 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 Corporate Compliance and Continuous Improvement Megan Gaillard Community & Human Services Maggie Lopez Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 05/17/2023 2:44 PM Completed 05/17/2023 3:06 PM Completed 05/17/2023 4:14 PM Additional Reviewer Completed 05/17/2023 5:17 PM Completed 05/18/2023 12:04 AM Completed 05/18/2023 1:18 PM Completed 05/18/2023 1:40 PM Skipped 05/24/2023 12:16 PM Completed 05/25/2023 5:58 PM Completed 05/26/2023 9:30 AM Completed 05/26/2023 11:03 AM Completed 05/26/2023 4:16 PM Additional Reviewer Completed 05/26/2023 4:39 PM Completed 05/31/2023 10:49 AM Completed 06/07/2023 2:13 PM 06/13/2023 9:00 AM Packet Pg. 883 16.C.4.a FIRST AMENDMENT TO AGREEMENT #20-040-NS FOR LARGE METERS THIS AMENDMENT, made and entered into on this day of 2023, by and between Ferguson Enterprises, LLC d/b/a Sunstate Meter & Supply (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner") (collectively, the "Parties"). WHEREAS, on September 22, 2020 (Agenda Item No. 16.C.3), the County entered into Agreement No. 20-040-NS for Large Meters (the "Agreement") with Sunstate Meter & Supply, Inc. to continue access to Neptune meters and components to maintain compatibility with the existing water distribution system; and WHEREAS, on February 8, 2022 (Agenda Item No. 16.E.1), the County approved an Assumption Agreement assigning all rights, duties and benefits, and obligations under the Agreement to Ferguson Enterprises, LLC d/b/a Sunstate Meter & Supply; and WHEREAS, the Parties desire to further amend the Agreement to: (1) include revised Exhibit B-1 Fee Schedule to reflect updated pricing and replacement of obsolete meters with MACH 10 Ultrasonic meters, and (2) renew the Agreement for one additional year as allowed under Section 1, Agreement Term. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. The above recitals are hereby incorporated into this First Amendment as if fully set forth herein. 2. Exhibit B Fee Schedule of the Agreement is hereby deleted in its entirety and replace with Exhibit B-1 Fee Schedule attached hereto this First Amendment, which shall become effective upon execution of this Amendment. 3. The first renewal option under the Agreement is approved for a renewal period commencing on September 22, 2023 and ending September 21, 2024. 4. All other terms and conditions of the Agreement, as previously amended, shall remain the same [Signature Page to Follow.] Page 1 of 4 First Amendment to Agreement #20-040-NS r-z Packet Pg. 884 16.C.4.a IN WITNESS WHEREOF, the Parties have executed this First Amendment on the date and year first written above by an authorized person or agent. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller Dated: (SEAL) Approved as to Form and Legality: Scott R. Teach, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RICK LOCASTRO, Chairman Page 2 of 4 First Amendment to Agreement #20-040-NS 5� a A Packet Pg. 885 Contractor's Witnesses: dvAE) first Winless � ,} 6 ®C,rCI Ada'-V TType/print witness naimeT Second Witness ag byl—lQY, TType/print witness nameT CONTRACTOR: Ferguson Enterprises, LLC d/b/a Sunstate Meter & S► uWy, Inc. By: -n 1O®' A'� , . — Signa ure me- - a SYAL SAC Type/print signature and title Date Page 3 of 4 Mist Amendment to Agreement 1120-040-NS CAO Packet Pg. 886 16.C.4.a Exhibit B-1 - Fee Schedule April 25, 2023 EP7CIRPHG21S1694 4 HPP3 SS P/C USG W/ NICOR $ 11,613.54 EP7DIRPHG21SI694 6 HPP3 SS P/C USG W/ NICOR $ 18,935.69 EP7EIRPHG21S1694 8 HPP3 SS P/C USG W/ NICOR $ 24,447.69 NEP7FIRPHG21SI694 10 HPP3 SS P/C USG W/ NICOR $ 28,374.58 NEU3A1G1S1694 3" MACH 10, 12" LENGTH USG $ 3,218.74 NEU3B1GIS1694 3" MACH 10, 17" LENGTH USG $ 3,304.35 NEU3CIG1S1694 4" MACH 10, 14" LENGTH USG $ 4,126.26 NEU3DIG1S1694 4" MACH 10, 20" LENGTH USG $ 4,237.97 NEU3EIG1S1694 6" MACH 10, 18" LENGTH USG $ 7,025.77 NEU3F1GIS1694 6" MACH 10, 24" LENGTH USG $ 7,198.63 NEU4AIG1S1694 8" MACH 10, 20" LENGTH USG $ 12,140.98 NEU461G1S1694 10" MACH 10, 26" LENGTH USG $ 15,158.45 NEU4C1G1S1694 12" MACH 10, 19.7" LENGTH USG $ 17,658.28 Page 4 of 4 First Amendment to Agreement #20-040-NS CAn Packet Pg. 887 16.C.4. b ASSUMPTION AGREEMENT (� This Assumption Agreement is made and entered into on this b of ew w( , 2022 by Ferguson Enterprises, LLC d/b/a Sunstate Meter & Supply ("Contractor") and Collier County, a political subdivision of the State of Florida (the "County"). WHEREAS, on September 22, 2020 (Agenda Item No. 16.C.3), the County entered into Agreement #20-040-NS, "Large Meters", with Sunstate Meter & Supply, Inc., (hereinafter referred to as the "Agreement" attached hereto as Exhibit "A"); and WHERAS, CONTRACTOR represents and warrants to the County that through a purchase acquisition, CONTRACTOR is now the successor in interest to the Agreement with the County (see Bill of Sale, Assignment & Assumption Agreement, attached as Exhibit "B"); and NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. CONTRACTOR accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement, as amended, including all existing and future obligations to pay and perform under the Agreement. 2. CONTRACTOR will promptly deliver to County evidence of insurance consistent with the requirements of the Agreement. 3. Notices required under the Agreement to be sent to CONTRACTOR shall be directed to: Principal Address: Local Address: 12500 Jefferson Ave. 14001 Newberry Rd Newport News, VA 23602 Newberry, FL 32669 Attention: Jay Meyers or Chris Dashiell Main Phone: (352) 359-4321 / (803) 600-1746 Email: Jay.Meyersgferguson.com / chris.dashiell a,ferg1uson.com 4. Further supplements to, or modifications of, the Agreement shall be approved in writing by both parties. 5. The County hereby consents to CONTRACTOR assumption of the Agreement in order to continue the services provided under Agreement #20-040-NS. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat CONTRACTOR as the Contractor for all purposes under the Agreement. 6. Except as provided herein, all other terms and conditions of the Agreement, as amended, remain in full force and effect. Page 1 of 4 Assumption to Agreement 420-040-NS "Large Meters" Packet Pg. 888 16.C.4.b IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written by an authorized person or agent. Contractor's Witnesses: A PALTA O'O&ZNz fitness Signature i t46CA coo Print/Type witness name Witness Signature Print/Type witness name ATTEST: Crys;al,K:.'Kinz,O Clerk of the Circuit Court anel,Comptroller By: itest,40o Chafdwlerk �..�raturo. only. as to form and legality: Print Name/Title f6�15rAt-� C"N K"V-4n Qj CONTRACTOR: Ferguson Enterprises, LLC d/b/a Sunstate Meter & Supply By: Signatu e 1,�.r r ., j ', F_ , i(" ( L-C. Print/Type Name Title BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B c• y� William L. McDaniel, Jr., Chairman Page 2 of 4 Assumption to Agreement #20-040-NS "Large Meters" CAO Packet Pg. 889 16.C.4. b EXHIBIT A To follow this page Page 3 of 4 OVO Assumption to Agreement #20-040-NS "Large Meters" Packet Pg. 890 16.C.4.b GENERAL SERVICE AGREEMENT (NON -SOLICITATION) # 2 0-040-NS for LARGE METERS THIS AGREEMENT, made and entered into on thisANAJ ija day of � p t' 2 02 0, by and between_SUNSTATE METER & SUPPLY, INC. authorized to do business in the State of Florida, whose business address is 14001 W Newberry Rd, Newberry, FL 32669 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing [W upon the date of Board approval or ❑ on and terminating on _three (_I) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a 0 Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services/products in accordance with the terms and conditions of this Agreement, ❑ Exhibit- - -Ucope af-Services, attached -to this -agreement Exhibit B - Fee Schedule, attached to this Agreement and made an integral part of this Agreement. Services/products acquired through this Agreement have been authorized through the approval of a ❑ Single-Souree -VNa+ver, ❑ Solo Source -Waiver, O Exemption from the Competitive Process, ❑ Other: Page 1 of 17 General Service Agreement Non -Solicitation k2017-004 (Vec2) Packet Pg. 891 16.C.4. b 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount, The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. ❑ The--County-shall-pay-the--Gontraetor--for-the-perfofmanGe-of-this-Agreement--an estimated -maximum -amount -of------ - --gig }; per-County--fiscakyear,-based-on-units/services-#urnished-per-Exhibit-B--Fee-Schedule, attached-,beret©-and-the-price-method ology--av--de-fined-in-Seotion-4:4- Payment -will die made-upon--receipt-of a -proper invoice-and-upon--agpr-oval-by--the-Gounty Contrast Administrative--Agent/Project-Manager; and-in-compliance--with-Ghapter-218, Fla:--Stats , otherwise-known-as-the-°L-ocal-Government Prompt -Payment -Act". 7 The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". ❑ The -County ,hall-pay--the-Contractor-for-the--performance-efAhiss-Agreement--are estimated -maximum -amount -of -- - (4— }I per--Gount- fiscal -year; based-on-units/serviees-furnished-pur-suantto-the-quoted-priced offered- by-the-Gontractor-in-response-to--a-,peci#ic- Request-for-Quotation--and-pursuantto Pr-ice-Methodology-in--Section-4-'1--Payment-will-be-made-upon-receiptof-a-proper invoice and-upon-approval-by-the-Gounty &-Gontract-Administrative-AgentfPmjeet-Manager; and in-complian ee-with-Cha pter--148-Ra-,Stats. ; -otherwise-known-as-the- ' L-oeal-Government Prompt. Payment -Act . 4.1 Price Methodology (as selected below): ❑ Lurnp-Sum-(Fixed-Price) =A-firm-fixed-total-pr-ice-offering-for-a-project the -risks -are transferred-from-the-County-to--the-contractor; and -as-a-business--practice-there-are-no hourly--or----material-invoices--presented—r-ather-,-the--contractor--must perform--to--the satisfaction-of-the-Gounty'sr--pr-ojectma nag er---before-payment for -the -fixed -price -contract is -authorized- ❑ Time and Materials:- The County--agrees-to-pay-#he-contr-actor-for-the-amount of labor time spent by-the-contractor-'s-employees--and-subcontractor':-to-perform-the-work-(-number of hours-times-hourly-rate)-and-for-materials-and-equipment-used-in-the-project--(-cost-of Page 2 of 17 tjeneral Service Agreement Non -Solicitation 42017-004 (Ver.2) Packet Pg. 892 16.C.4. b mate rials-plumsthe c-ontraator &-markup). This-methodoiogy-is-generally-used-in-projects-ire whioh�,tis-notpossibie-to-acour-atety-estimate-the ,ize-of-the-projeot;-or when -it is e-xpeoted that -the -project-requirements-would--most-iikety-ohange-As-a gener-at-business-praotiGe; these-contraotp,inslude-back up-doc mentation-ef-costs; invoices -would -include -number of-hourr,-v✓orked--and-billing--rate-by-posrition-(-and--not-company--(or suboentraetor4 timekeeping-orpayroll-reoords); materiakor-equipment-invoioes,-and-other-reimbur-sable documentotton-far-th"roject- F Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 ❑ T-ra.�.el-and-Reimbur-sable-Expenses Travel--,and-Reimbursable-�-penses must be --- appr-owed--in•-advance-in-writing-by--the-County- Travekex-penses--shall-be reimbursed-as,-per---Section-l1-L 061-Fla-Stats- Reimbursements-shall-be-at the--followina-rates= Mileage $0:44:5-- er-mile Breakfast $6.00 Lunch $1-1-00 Dinner $1-9-00 AlOare Aotual-ticket cost-limited-to-tourist-or-cocieh elass-fare Rental -oar Actual---rental-oost-limlted---to--eompaot or- standar-d-size-vehioles Lodging Actuai-costof-lodging-at ,ingle-oceupanc-y-rate with -a -ea f-no-more-than-$1-5"O-per night Parking Actual -cost -of -parking, Taxi--or--Air-ort-Limousine Actual -cost -of -either -taxi -or -airport -limousine Reimbur-s-ableAte ms-other-than travel-expenses-shah-be,limited-to-thee-following -.telephone long -distance-eharges; -fa-x_charges-photeeopying-charges-and-postage--P,eimbursable items- -will -be-paid-only-after--Contractorhas--prop✓ided-all-receipts--Contraotorshall-be responsible -for all-other-costs-and-expenses-associated-with-activities-and-selieitations undertaken-pursuant--to-this-Agreement. Page 3 of 17 General Service Agreement Non -Solicitation #2O17-004 (Vec2) 9,0 R Packet Pg. 893 16.C.4.b SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6, NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: SUNSTATE METER & SUPPLY INC. Address: 14001 W Newberry Rd Newberry, FL 32669 Authorized Agent: Keith Ellenberg, President Attention Name & Title: Karen Whittle Telephone: 800-342-3409; 352-332-7106 E-Mail(s): Keith@Sunstatemeter.com; karen@sunstatemet All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Joseph Bellone, Division Director Division Name: Public Utilities Finance Operations Address: 3299 Tamiami Trail E., Third Floor Naples, FL 34112 Administrative Agent/PM: Jesse Komorny or Donna Deeter Telephone: 239-252-2173 or 239-252-2622 E-Mail(s): Jesse.Komorny@Colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218,80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Page 4 of 17 General Service Agreement Non -Solicitation #2017-004 (Ver.2) CAO w Packet Pg. 894 Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor, 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. I I . NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. W Commercial General Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, $_2,000,000.00 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations, Independent Contractors: Products and Completed Operations and Contractual Liability, B. F1 Rushie" AuW UabMvi, average Mall have m*vnwrn limits of $ -------- in it,-,for-Bodity-4f".,-L4at)41ity--,and Page 5 of 17 Gerwr-al Servw.e Agavment Non-Solicitolmn #20 1 7-0(W (Ver 2) I Packet Pg. 895 1 Vehic4e&�,an-d-E-mp4eyee,Non-Ow,nefsWp-. C. FXI Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000.OQ for each accident D. El Professional-Lability:—Shallbe-maintai�,,,by-,the-,ContfaotovtG,,ensufe-itlegal this-49sw,anae ------ each Gla-ini-aftd-aggfegate. E. F, M M, its-ow Govefage_.sha,_have,_m_ ini, um li per corn. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, of available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, Page 6 of 17 (kneial Service. Agreenwnt Pion -Solicitation ,'42017-004 f Ver oc? I Packet Pg. 896 1 16.C.4.b property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph, This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the water Meter Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: ❑ Contactor'&--Rroposal, 0 Insurance Certiflcate(s), ❑ E-xhibit-A-Seope--ef Services, ❑O Exhibit B Fee Schedule, ❑ subyequeet—quot-ees, —and 0 Other Exhibit/Attachment: Exemption from Competitive Process 17. APPLICABILITY. Sections corresponding to any checked box (111l) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b, Prohibition by the Page 7 oi' 17 General Service Agreement Non -Solicitation #2017-004 (Ver.2) O-A() Packet Pg. 897 16.C.4.b individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFR and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Deep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, Pale 8 of 17 General Service Agreement Non -Solid cation #2017-004 (Ver.2) C'h Packet Pg. 898 16.C.4.b the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD, The County may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. ❑ OL-E-AN-UR—Contraotor-agrees-to-keep-the-Rroje0t--&ite--clean-at-all-Umes-of-debris; rubbish-and-waete-rnateria Is --a r4sing-out- of-the-WOFIF---/\t-t-he-eempletiort-8f4-he-Wo r-k, Contr-aetor-shall-Fer-nove-all-debris; rubbish -and -waste materials from-gad-about-the-Pmieet site-as-well-ae-all-tool&-appliansee; oonstruetion-equipr-nent-and-machinery-afd-surplus materials and --shah lea,ve-the-Projeot-site-olean: 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it Page 9 of 17 General Service Agreement Non -Solicitation #2017-004 (Ver.2) CIO Packet Pg. 899 16.C.4.b deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. F WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor furtherwarrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or -Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. Q TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion o€-the-Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. ❑ RROTEGTION-OE- AJQRK. A Gentraeter ,halt-€ully-proteot-the-Work-fFem-loss-or-damage-an"hatl-beaF-th"ost of any-w- c-h-less-or-damage-until 4,inal--payment-hass-been-r-tade--If--Gentfaeter-oF anyone-#or-whem-GentFaeter-4s-legally-liable-is-responsible-€or any -loss -or -damage to -the- Wvrk; or-other-woFk-or--materials-ot the--bounty-or Gounty s- ,epar-ate eentraotors; GoMr-actor-el�ialkbe-charged-with-the-same; and-any-rnoaies-neeessary to-replace-such-loss--©r-damage--,hall-be•--deduoted-€r-om._-any-a+nounts--due--tG Gontractor- B--Contractor shall -not -load -nor -permit -any -part of-any-strustufe-to-be4eaded-4n-any mannef-Ahat will-endanger-the-&tFuot-+re-nor-shall-Gontraetor-subjeet-any-par-t-of4he Work-or,.adjacent- pr-opefty-to-stresses-or-pressures-that-will.-endanger-It. G. -Contractor--shall-no#-disturb-any-benvhmaFk-establiE;hed-by--the-County-wit-h-respeot to-the-Rrojeet.---lf-Gontfaotor eor-4t"ttbeentraster-&;-agents--or-anyone fQr--whom ContraotOF--is-legally--liable-divtur-bs-the-Gounty's-benchmarks Gontr-adar-shall Page lQofl7 General Service Agreement Non -Solicitation #2017-004 (Ver.2) ({;:�(Y. `.... Packet Pg. 900 16.C.4.b immediately-notify--the-County:--The county shalt-re-establish-the-beAehmarkf-and Contractor-e>hall-be-liable-for-all-costP.Anourred-by-the-Oaunty asseGiated-therewith 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures, 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation, The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ❑ KI`Y-R-ER-SONNE-L TTire-Contr-actor's-personnel-and-management-4o-be-utilized-for this -project -shall -be -knowledgeable -ire -their -areas -of expertise---The-County-.reseFves-the righ-t-to-per-form-_investigation&-a6 - ey-be-deemed-nee,-ssar-�PAo-unsure-that competent Page 11 of 17 General Service Agreement Non -Solicitation #2017-004 (Ver.2) ii"',ti0 Packet Pg. 901 16.C.4. b persor�-will-be-utilized-in-the-perfor-mane�of the--Agreement-T-he-Contractor-shall-assign as-marry-people--as-necessary-to-complete-the--services-on-a-timely-basis and -each -pennon assigned ,,tall-be--avaiiable-for-an-amount of-time-adequate-to-meet_4he-required-serv4oe dates: T-he-Contactor-shall-not-change-Key-Personnel-unless-the-following-conditions-are met-.-.--(4)-P-roposed--replaoemento--have--substant+ally--the- Larne -or -better --qualifications and/or-experience--R)-that-the-County-is-notified-in-writing-as,-far-in�dvanGe-a-s-possible: The-Contractor-shall.-rmake-eommeroially-reasonable-efforts-to-notify- Gollier-County-within seven- (7)-days-of-the change: Th*e-County-retains-€anal-approval of proposed-r-eplaGement personnel- ❑/ AGREEMENT STAFFING, The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. 0 ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ❑ ORDER-0 F PRECED€NCI= (Grant -Funded): -In -the -event of any--coafl+Gt between -or among -the-ter-ms-of-any-of-the --Contract Documents_and/or-the-County's-Board-approved E-xecutive-Summary; the -terms -of the -Agreement shall -take-precedence-over-the-terrors-of all -other-Contract-DoGuments-except-the-ter-ms-of-any-Supplemental-Gonditions-shall-take precedence -over the-Agreemment: To-the-e-x-tent-any-conflict-in--the--terms-of the -Contract O0Gur-rents-cannotbe-resolved-by--applic-atio"f-t-he-Supplemental-Conditions; i# any; or the --Agreement; the-conflict-shall-be-resolved-by-imposing-the--mote-r,triet-or--costly obligation-u nder-the-Contr-aet-Documents-upon-the-Contr-actor-at--County's-discretion: 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs, If required, Contractor shall be responsible for the 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 Page 12 of 17 General Service Agreement Non -Solicitation #2017.004 (Ver 2) Packet Pg. 902 16.C.4.b maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business, The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. FW SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 General Service Agreement Non -Solicitation #2017-004 (Ver.2) ("to Packet Pg. 903 16.C.4.b IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal Kinzel, Clerk of Courts & Comptroller By: �. r Dated: (SEAL) ContraC Ors Wi nesses: SITIduf?u Vla'J, Contractor's First Witness Sonya Smith TType/print witness nameT ...... ................ _ Contractor's Second Witness Keith Ellenburg TType/print witness nameT App ved A For dtLallitL, —I ouQt,y Att ney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: /- BURT L. SAUNDERS Chairman SUNSTATE METER & SUPPLY, INC. Contractor By: Signature Karen E. Whittle— Vice President TType/print signature and titleT Page 14 of 17 Genelul Service Agreement Non-Solicilation #2017-004 (Ver.2) �f �`A(1 Packet Pg. 904 16.C.4. b Exhibit A Scope of Services ❑ following this page (pages through __) 0 this exhibit is not applicable Page 15 of 17 General Service Agreement Non -Solicitation 42017-004 (Vec2) Packet Pg. 905 16.C.4. b 0 following this page (pages 1 ❑ this exhibit is not applicable Exhibit B Fee Schedule through 1 ) Page 16 of 17 General Service Agreement Non -Solicitation #2017-004 (Ver.2) ClO Packet Pg. 906 August 25, 2020 Collier County Fee Schedule EC2ARPHG21S1694 2" TRU/FLO WITH T-10 $1,402.88 EC3BRPHG21S1694 3- TRU/FLO WITH T-10 $1,972.66 EC3CRPHG21S1694 4" TRU/FLO WITH T-10 $2,520.03 EC3DRPHG21S1694 6- TRU/FLO WITH T-10 $3,910.40 EP7C1RPHG21S1694 4" HPP3 SS USG PC $7,278.63 EP7D1RPHG21S1694 6" HPP3 SS USG PC $10,476.63 EP7E1RPHG21S1694 8" HPP3 SS USG PC $13,175.30 EP7F1RPHG21S1694 10"HPP3 SS USG PC $16,381.76 Packet Pg. �907 16.C.4.b Description; other ExhibiVAttachment Exemption from Competitive Process *following this page (pages ❑ this exhibit is not applicable through 3 ) Page 17 of 17 General Service Agreement Non -Solicitation k2017-004 (Vec2) Packet Pg. 908 16.C.4.b Coker county Administrative Sorvices Ueparttnent NxxqrF.. v17 t Sat rvifk4 Reis n Exemptions from the Competitive Process The following procurement categories may be eligible for exemption from the competitive process based upon the determination of the County manager or Designee that approval of such an exemption is in the best interest of the County. Purchases greater than $50,000 will require final approval by the Board of County Commissioners. Requester Name: Jesse Komorny Vendor Name: Sunstate Meter & Supply, Inc. Division: Public Utilities Fiscal Operations Item / Service: Large Meters and Components Budget Year: FY2 1per -to Exceed $500,000 FiscalYear: One time purchase: ❑ Multiple purchases: © Requested date range: 2020-2025 Is there an agreement associated with this Yes ® No (] Exemption?.._ ❑ 1. Government Agency/Non- ❑ 2. Registrationsidues/ 1713. Subscriptions/periodicals/ ❑ 4. Advertisements Profit training printed materials ❑ 5. Utility services - subject ❑ 6. Education/academic ❑ 7. Legal services E18. Purchases required by to govemment control programsNrainers, speakers rants/ ifts Q 9.Compatibility/proprietary ❑ 10. Shop estimates on ❑ 11. Personnevrecrultment ❑ 12. Works of art for public with current systems disassembled equipment services display ❑ 13. Direct purchases ❑14. Financial instruments ❑ 15. Entertainment services ❑ 16. Management studies as for Count s onsored events directed by County Manager ❑ 17, Resolution/BCC direction (Indicate resolution number and approval date): Description of Purchase: Enter a description of the item(s) items that will be purchased under this exemption. 3" and larger Neptune water meters and components. Purpose: Describe in detail, the purpose of the requested item(s). To maximize our current investment (approximately $1.3 million) in Neptune large meters and components acquired over the last six years from Sunstate Meter & Supply, Inc., and continue to have access to the products and services necessary to maintain existing warranties and to maintain compatibility with our existing water system, we request an exemption from the competitive process to accompany a new Agreement 20-041-NS to replace the existing PO Driven Agreement #15-6507 (Large Meters). See attachments for additional back-up. Requester: Jesse Komorny Signature:NspMsigned tyJe...K---y g Jesse Komornyt),,,"2QOS.07121749 -"W Date: Division Director Joseph Bellone Si nature: °b"•ry�nidbyJoiiphB"'°"' g Joseph Be lloneoy. 2= oS 07101714.04C0 Date: Procurement Strategist: Sara SChneeberger Signature: �1s4f squid Or g SchneebergerSara D ,Z'Q"` ". Z450400 Date: Procurement Director: Catherlrte BIgeIOW Or i ON.M.PMMG�w Si nature: g Cat Bigelow,, For Procurement Use Only: []onetime approval ❑ One year approval fa- Multi -Year Approval: Start 05/18/2020 End 09/30/2025 C:\o Packet Pg. 909 16.C.4.b BUSINESS CASE FOR EXEMPTION REQUEST FOR SUNSTATE METER & SUPPLY, INC. FOR LARGE METERS: Maintaining consistency with Neptune meters will maximize the County's current investment in large meters and components. This will ensure access to the products and services necessary to maintain existing warranties and compatibility with the County's existing water system. It is in the County's best interest for staff to seek an exemption from the competitive process and enter into a new Agreement with Sunstate Meter & Supply, Inc. allowing for the future purchase of the Neptune large meters and components. Staff will continue to work with the third -party vendor to evaluate the future marketplace and the County's growing needs for large meters. hl support of Staff s recommendation to approve an exemption from the competitive process: • Since 2002, the County has invested over $3.3M in Neptune large meters and components. These meters and components have an estimated remaining useful life of more than 10 years. Entering into a new Agreement with Sunstate Meter & Supply, Inc, will allow the County to maximize the current investment and remaining useful life of the product. The technology installed from the vendor, Sunstate Meter & Supply, Inc., utilizes a communications platform that is only compatible with products from the same manufacturer. While the County can purchase large meters from a different manufacturer, a contract with Sunstate Meter & Supply, Inc. will allow the County to continue to purchase and install compatible products, This will prevent the County from running multiple reading platforms in parallel that could incur increased cost for additional reading equipment, increased cost for additional software, and increased risks of missed reads or other errors. • Staff is already trained and familiar with the Neptune meter products. Any change in the manufacture will require County staff to be trained on the testing, repair and maintenance of an additional manufacturer. Staff would have to be competent in both the current installed system as well as any new systern. By maintaining the current system, the County avoids potential errors associated with running multiple platforms. Reduced lead times associated with local material availability. Sunstate Meter & Supply, Inc. is a qualified local vendor within the County and maintains on -hand inventory for the current manufacturer. Maintaining an Agreement with Sunstate Meter & Supply, Inc. will allow the County to benefit from reduced lead times and faster responses for new developments and service requests as well as reducing the amount of capital the County must invest for inventory. • Staying with the current manufacturer will eliminate the need for additional inventory required to maintain sufficient stock for repairs. The Water Metering Section's proposed plan to continue utilizing Neptune large meters over the next 5-10 years based on the current life of meters in the system, together with anticipated new connections and replacements, based off future anticipated development, includes: 2020 2021 — 2022 2023 luz� 3o 30 25 _ 25 20 OCNO Packet Pg. 910 16.C.4. b As set forth in Section 8, Subsection 9 of the County Procurement Ordinance, the continued acquisition of the Neptune large meters through Sunstate Meter K Supply, Inc. will provide both products and services necessary to maintain existing warranties and licenses as well as to maintain compatibility with the existing Water distribution system. Staff recommends that one -hundred eighty (180) days prior to the expiration of the five-year agreement term, the County perform a market analysis to determine current pricing available at that time for large meters to determine whether to exercise the proposed agreement's 180-day extension period and re -solicit for new large meters compared to the cost-effectiveness and continuity of requesting another exemption from the competitive process and recommending a further five-year renewal of the attached agreement with Sunstate Meter &c Supply, Inc. �"'kO D Packet Pg. 911 16.C.4.b SUNSMET-01 'AICtJlt'C� I E(MMI �.... CERTIFICATE OF LIABILITY INSURANCE DD/YYYY) DATE 020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. -- ____-_....�. ---- ..._. IMPORTANT: If the certlftcate holder Is an ADDITIONAL INSURED, the pollcy(les) must ha_ve AD_DITIONAL INSURED provisions or__.b__e en_dorsa_ed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such ondorsementss) PRODUCER ..._ CONTACT Hub International Florida PHONE 2811 NW 41st Street Iacqq, NLLe, Ext): (352) 377.2002 FAX. Ne);(352) 376-8393 Gainesville, FL 32606 AEM DDRESa; INSURER(SJ AFFORDING COVERAGE,,. NAIC M INSURER A: United Fire At Indemnity Company 19496 INSURED INSURER a: Transportation Insurance Company 20494 Sunstate Meter ii, Supply Co, Inc, INSURER C; 14001 W Newberry Rd Newberry, FL 32669 INSURER D; INSURER E : INSURPR F ; COVERAGE$ _ _ CERTIFICATE NUM.RER _. _ REVl6j-QN N1JM>5ER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE. FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 4$R Y N OLI AOOLBURR POLICY OFF POLICY EXP TYPE OF INSURANCE PCUMBER(MhtrO.D;IYYYi_.dLSh'DDtYYY.Yl..:.. LIMITS _ INaO SYYQ._.__ ._._. ... A X COMMERCIAL GENERAL LIABILITY LI oRR�NGt F 1,000,000 CL WSWAot X Gcc lR X 60511489 111(2020 11112021 100,000 a„ a 5,000 f'fNsc)N)1LAAOVINAORY 4 1,000,000 F Nl Ac,r;Nr�;:•trr_IIMITA�11:e PER: 2,000,000 GENERAL AG6RE SATE 8 X PRttOlx;rB • C©L RIt+� Arfc; g 2,000,000 H-N _-...-..._._..__...._...._..__��.. ... tE l.MdtT.._. 4_., ......._._...... T r AUTOMOBILE LIABILITY AN";" ' N"r,r I BODILY INJURY (Pei parson) S OWNED SCHEOULED AUTO"a OFA) AUTOS BODILY INJUpRY (Per accioenl) S HiF(1= ft I�o�nPaEi,iMnLj AMAGE $ r.09Gr+.Y AULtr.,l�FaY A X UMaRELLALIAO X Occun - PACIIOrcURRE-NCE 2,000,0011 EXCESS LIAO CL A'WS-MADE 60511489 1(112020 1/112021 AGGREGArE $ 2,000,000 DEO Fx,A:TPi=^1TIOMS 8 WORKERS COMPENSATION X PEH Wil � AND EMPLOYERS' LIABILITY YIN 5TAIWE FH m ANS t$Rt l tzlETOR7PARTNEQiLXECU)IL,E WC679369320 9/2112020 9/21/2021 C L FA H .�� 1 N.. 500,000 (9artc1� t� 1� EXMAJOEnv NIA 500,000 H faa dd$444 under C.L. 018EASE - EA Errrmawr" 3 fc,cR+rTl�Napt�nfr+a;r+r»ri qtn.. 500,000 .. _. _ _..,... __..__ ........................ _ ,,,_ EL 1]7SE+lLite Pr,i.t%v LI6Ai'L °,L_........... ... —... _......... DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLEa (ACORD tat, Add(llonal Ramrks achadule, may ba allached It mom apace Is requlrod) 31d N 20.041-NS ,olliar County Board of County Commsslonars, OR, Board of County Commissioners In Collier County, OR, Collier County Government, OR, Collier County ncluded as an additional Insured under the captioned Commercial General Liability and Automobile Liability Policies on a )rimary and non-contributory basis If and to the extent required by written contract, .... ........ GERT�FiCATF H0LOER __. _... _CANCELiMATION _.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y y 3295 Tamfami Trail E, ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112_... AUTHORIZED REPRESENTATIVE ACORD 25 (2015103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CAC) Packet Pg. 912 16.C.4. b EXHIBIT B To follow this page Page 4 of 4 Assumption to Agreement 420-040-NS "Large Meters" Packet Pg. 913 FERGUSON ENTERPRISES, LLC SECRETARIAL CERTIFICATE The undersigned Assistant Secretary of Ferguson Enterprises, LLC, a 'Virginia limited liability company (the "Company") with its principal place of business in Newport News, Virginia, hereby certifies that: I. Pursuant to the terms of that certain Asset Purchase Agreement, dated as of October 25, 2021, by and among the Company, Sunstate Meter & Supply, Inc., a Florida corporation (the "Seller"), and certain other parties thereto, the Company purchased substantially all of the assets of the Seller effective as of October 25, 2021 (see attached Bill of Sale, Assignment & Assumption Agreement); 2. The Company will transact business ftorn the Seller's former location in Florida under the assumed business name "Sunstate Meter & Supply"; and 3. The Company's Federal Employer Identification Number is 54-1211771. Dated: October 25, 2021 FERGUSON ENTERP.RISES, LLC By:_... -allo, Assistant Secretary ....... ... Eri . COMMONWEALTH OF VIRGINIA CITY OF NEWPORT Nl.',,WS Sworn to and subscribed before me, the undersigned Notary Public, this 25111 day of October, 2021. ...... . ... . . .... . ..... ..... Casey MA�off,*N, Public My commission expires: July 31, 2022 Va. Notary ID: 7510825 F y My t 0 Pk4j&,310N 1: Nijkl1jr, Packet Pg. 9�14 16.C.4. b BILL OF SALE, ASSIGNMENT & ASSUMPTION AGREEMENT THIS BILL OF SALE, ASSIGNMENT & ASSUMPTION AGREEMENT is dated as of October 25, 2021 (this "Agreement") and entered into by and between Sunstate Meter & Supply, Inc., a Florida corporation (the "Seller"), and Ferguson Enterprises, LLC, a Virginia limited liability company (the "Purchaser"). Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Asset Purchase Agreement (as defined hereafter). Recitals WHEREAS, pursuant to the terms of that certain Asset Purchase Agreement, dated as of the date hereof (the "Asset Purchase Agreement"), by and among the Seller, the Purchaser, Keith Ellenburg, Sonya Ellenburg Smith, and Karen Ellenburg Whittle, the Seller is selling, assigning, transferring, conveying and delivering to the Purchaser, and the Purchaser is acquiring and accepting from the Seller, all of the right, title and interest of the Seller in, to and under the Purchased Assets upon the terms and subject to the conditions of the Asset Purchase Agreement (the "Transfer"); WHEREAS, the Purchased Assets conveyed to the Purchaser include, without limitation, the following: (i) all inventory; (ii) all Accounts Receivable, together with the Seller's interest in all collateral and security agreements, if any, securing such Accounts Receivable and all guarantees, credit applications and indemnities, if any, associated with such Accounts Receivable; (iii) all Fixed Assets, excluding real property and computer equipment (except to the extent necessary to maintain and/or access computer files and electronic data that are Purchased Assets); (iv) all Assigned Contracts; (v) all prepaid items and security deposits; (vi) all Licenses used in or related to the Business; (vii) all Intellectual Property Rights; (viii) all office and warehouse supplies, displays, catalogs, packaging materials, customer lists, supplier lists, vendor files, personnel records, telephone numbers, facsimile numbers, cell phone numbers, credit files, forms, trade names (including the name "Sunstate Meter & Supply"), computer files and electronic data, electronic library, and proprietary information used in or related to the Business; (ix) all records relating to the Purchased Assets and the Business, including the Seller's records relating to purchases and sales of inventory, goods and services, customers and vendors, and all records relating to Liabilities assumed by the Purchaser, if any, pursuant to the Asset Purchase Agreement; (x) all vehicles and rolling stock identified on Exhibit A attached hereto; and (xi) all other intangible rights and properties related to or used in connection with the Business, including goodwill of the Business as a going concern; WHEREAS, in connection with the Transfer, the Seller is assigning to Purchaser all rights and entitlements of the Seller pursuant to the Assigned Contracts, and Purchaser is assuming the Seller's Liabilities under the Assigned Contracts that are required to be performed on or after the Closing Date and are incurred in the ordinary course of business (other than Liabilities that relate to or arise from any failure to perform, improper performance, warranty or other breach, default or violation by Seller) (together with the Assigned Contracts, the "Assigned Rights and Liabilities"); WHEREAS, the Seller desires to deliver to the Purchaser such instruments of sale, assignment, transfer, conveyance and delivery as are required to vest in the Purchaser all of the Seller's right, title and interest in, to and under the Purchased Assets; and 60466172;3 Packet Pg. 915 16.C.4. b WHEREAS, with respect to the Assigned Contracts, each of the parties hereto desires to consummate the assignment and assumption of the Assigned Rights and Liabilities, in each case, to the extent contemplated in the Asset Purchase Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and pursuant to the Asset Purchase Agreement, the parties hereto hereby agree as follows: Agreement 1. The Seller hereby sells, assigns, transfers, conveys and delivers to the Purchaser, free and clear of all Liens, all of the right, title and interest of the Seller in, to and under all of the Purchased Assets, including, without limitation, the Assigned Rights and Liabilities. 2. The Purchaser hereby assumes and agrees to discharge and pay when due in accordance with their terms the Assigned Rights and Liabilities. 3. Nothing in this Agreement shall be deemed to supersede, enlarge or modify any of the provisions of the Asset Purchase Agreement, all of which survive the execution and delivery of this Agreement as provided, and subject to the limitations set forth, in the Asset Purchase Agreement. If any conflict exists between the terms of this Agreement and the terms of the Asset Purchase Agreement, the terms of the Asset Purchase Agreement shall govern and control. 4. This Agreement shall be effective as of the Closing. 5. Nothing expressed or implied herein shall be construed to give any other Person any legal or equitable rights hereunder. 6. This Agreement may not be assigned by any party hereto without the prior written consent of the other parties; provided that, without such consent, the Purchaser may transfer or assign this Agreement, in whole or in part or from time to time, to one or more of its Affiliates, but no such transfer or assignment will relieve the Purchaser of its obligations hereunder. Subject to the foregoing, all of the terms and provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective executors, heirs, personal representatives, successors and assigns. 7. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to the choice of law principles of any jurisdiction. 8. This Agreement may be executed in multiple original, facsimile or electronic counterparts (including via PDF), each of which will be deemed an original, but all of which when taken together shall constitute one and the same agreement. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 60466172;3 Packet Pg. 916 DocuSign Envelope ID: EEEA8941-379D-4881-8523-86DB82906ACD 16.C.4. b IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed as of the date first written above. PURCHASER: FERGUSON ENTERPRISES, LLC Docu8lpned by; By: Name: Eric A. Gallo Title: Authorized Signatory SELLER: SUNSTATE METER & SUPPLY, INC. By: Name: Keith Ellenburg Title: President [Signature Page to Bill of Sale, Assignment and Assumption Agreement] CA r' Packet Pg. 917 16.C.4. b IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed as of the date first written above. PURCHASER: FERGUSON ENTERPRISES, LLC By:_ Name: Title: Eric A. Gallo Authorized Signatory SELLER: SUNSTATE METER & SUPPLY, INC. By: Name: Keith Ellenburg Title: President fSignature Page to Bill of'Sale, Assignment and Assumption Agreenientf op, Packet Pg. 918 16.C.4. b I-W.:i11111IV, Vehicles and Rolling Stock Year Make Model VIN/S/N 2007 Yale NR040DANS24TE091 A295NO2570E Yale GLP050VXEVSE086 13875611812E c 0 a� L LL N Z 0 0 0 N On w LO LO N N Z 0 0 0 N a+ C d E L u R a+ a+ Q C 6046617213 Packet Pg. 919 16.C.4. b Page 1 of 2 � CERTIFICATE OF LIABILITY INSURANCE '4�!�� DATE(MM/ 021 04/30/2021Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 CONTACT Willis Towers Watson Certificate Center NAME: PHONE 1-877-945-7378 FAX 1-888-467-2378 A/C No): E-MAIL ADDRESS: certificates@willis.com INSURERS AFFORDING COVERAGE NAIC # Nashville, TN 372305191 USA INSURER A: ACE American Insurance Company 22667 INSURED Ferguson Enterprises, LLC and Subsidiaries (See Attached Named Insured Schedule) INSURER B: Indemnity Insurance Company of North Ameri 43575 INSURER C: ACE Fire Underwriters Insurance Company 20702 INSURER D: 12500 Jefferson Avenue Newport News, VA 23602 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: W20815061 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS x COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE � OCCUR DAMAGES RENTED PREMISES Ea occurrence $ 5,000,000 MED EXP (Any one person) $ 5,000 A Y HDO G72497466 05/01/2021 05/01/2022 PERSONAL & ADV INJURY $ 5,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 GEN'L POLICY � E LOC PRODUCTS - COMP/OP AGG $ 10 , 000 , 000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 5,000,000 BODILY INJURY (Per person) $ ANY AUTO AOWNED JX SCHEDULED AUTOS ONLY AUTOS Y ISA H25550018 05/01/2021 05/01/2022 BODILY INJURY (Per accident) $ NON -OWNED 6Pe1£Oln�ured&UTOS ONLY H`IRITEDGIx Da aae PROPERTYDAMAGE$ Perccdentsica $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? No (Mandatory In NH) N/A WLR C67806943 05/01/2021 05/01/2022 x PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 2,000,000 $ A Workers' Compensation & WLR C67806980 05/01/2021 05/01/2022 E.L. Each Accident $2,000,000 Employers Liability - AZ/CA/MA E.L. Disease -Pol Lm $2,000,000 Per Statute E.L. Disease -Each E $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Workers Compensation Policy WLR C67806943 provides coverage for AK, AL, AR, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MI, MN, MO, MS, MT, NC, NE, NH, NJ, NM, NV, NY, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WV. SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners AUTHORIZED REPRESENTATIVE 3295 Tamiami Trail E� Naples, FL 34112 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 21028556 BATCH: 2077735 Packet Pg. 920 16.C.4. b AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towers Watson Northeast, Inc. Ferguson Enterprises, LLC and Subsidiaries (See Attached Named Insured Schedule) 12500 Jefferson Avenue POLICY NUMBER See Page 1 Newport News, VA 23602 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Re: For any and all work performed on behalf of Collier County, Collier County Board of County Commissioners, OR Board of County Commissioners in Collier County, OR Collier County Government are included as Additional Insureds under General Liability, as required by written contract but only with respect to liability arising out of Named Insured's operations. Collier County Board of County Commissioners, OR Board of County Commissioners in Collier County, OR Collier County Government are included as Additional Insureds as respects to Auto Liability. INSURER AFFORDING COVERAGE: ACE Fire Underwriters Insurance Company NAIC#: 20702 POLICY NUMBER: RWC C67807029 EFF DATE: 05/01/2021 EXP DATE: 05/01/2022 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Workers' Compensation & E.L. Each Accident $2,000,000 Employers Liability - WI E.L. Disease -Pol Lmt $2,000,000 Per Statute E.L. Disease -Each Emp $2,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 21028556 BATCH: 2077735 CERT: W20815061 Packet Pg. 921 As of 1/29/2021 16.C.4. b FERGUSON ENTERPRISES, LLC ACTIVE DBA SUBSIDIARY LIST Entity Name Entity Name AC Wholesalers Ferguson HVAC — EastWest Air ACF Environmental (effective 11/16/2020) Ferguson HVAC—Lyon Conklin Action Automation, a Wolseley Industrial Group company (eff 8/20/2018) Ferguson Integrated Services Action Plumbing Supply (effective 7/ 15/2019) Ferguson International ADL (effective 7/16/2018) Ferguson Panama, S.A. Alaska Pipe & Supply Ferguson Parts & Packaging Amerock, LLC (effective 1/1 1/2021) Ferguson Valve & Automation Amerock Holdings, Inc. (effective 1/11/2021) Ferguson Waterworks Andrews Lighting & Hardware Gallery Ferguson Waterworks - Municipal Pipe The Ar-Jay Center Ferguson Waterworks - Red Hed Atlantic American Fire Equipment Company Ferguson Waterworks EPPCO Avallon Global Ferguson Waterworks International BAC Appliance Center Galleria Bath & Kitchen Showplace Bath + Beyond Grand Junction Pipe (effective 9/24/2018) Bayport Partners, LLC HM Wallace, Inc. Blackman Plumbing Supply, LLC (effective 12/11/2018) 11. P. Products Corporation Brock -McVey (effective 7/30/2018) HP Logistic, Inc. Bruce -Rogers Company Improvement Brands Holdings, Inc. Build.com, Inc. (flea Improvement Direct, Inc.) Industrial Hub ofthe Carolinas Cal -Steam Innovative Soil Solutions LLC (effective 7/29/2019) Capital Distributing (effective 10/29/2018) James Martin Signature Vanities, LLC (effective 1/28/2019) City Lights Design Showroom J&G Products CFP Jones Stephens Corp. (effective 8/13/2018) Clawfoot Supply, LLC .Tones Stephens Global Sourcing (Wuxi) Ltd. (effective 8/13/2018) Cline Contract Sales J.D. Daddario Company Columbia Pipe & Supply LLC (eff3/13/2020) Joseph G. Pollard Co. Custom Lighting & Hardware JWIT Hydrotherapy Bath Solutions (effective 3/16/2020) Davies Water Karl's Appliances DBS Holdings, Inc. Kitchen Art (effective 2/4/2019) Dealernet Lakeland Plumbing Supply, LLC Duhig Stainless (effective 3/12/2018) Lighting Design Center Energy & Process Corporation Lighting Unlimited Equarius Waterworks, Meter & Automation Group Lincoln Products Factory Direct Appliance Linwood Pipe and Supply Ferguson Bath & Kitchen Gallery Living Direct, Inc. Ferguson Bath, Kitchen & Lighting Gallery Louisiana Utilities Supply Company Ferguson.com LUSCO Ferguson CESCO, Inc. Mahwah Realty, LLC Ferguson Direct Maskir Properties Inc. Ferguson CeSCO, Inc. Matera Paper Company, Inc. Ferguson Enterprises, Inc. Max Industries, Ltd. (effective 1/28/2019) Ferguson Enterprises, LLC McFarland Supply Ferguson Enterprises of Virginia, LLC MFP Design (effective 3/25/2020) Ferguson Facilities Supply (FEI) Michigan Meter Ferguson Facilities Supply (for Matera Paper -TX only) Millennium Lighting, Inc. (effective 8/27/2018) Ferguson Facilities Supply, Dogwood Building Supply Division (eff 10/22/18) Mission Valley Pipe (effective 6/3/2019) Ferguson Fire & Fabrication, Inc. Mississippi Utility Supply Co. (MUSCO) Ferguson Fire & Fabrication International Myers HVAC Supply Ferguson Heating & Cooling National Fire Products Ferguson Hospitality Sales New Jersey Plumbing Group, LLC Ferguson HVAC — Air Cold New York Plumbing Designs, LLC C O to 7 O L d LL In L N d O 0 L M J co Z O O C N O O Ln Ln N 7V a Packet Pg. 922 As of 1/29/2021 16.C.4. b FERGUSON ENTERPRISES, LLC ACTIVE DBA SUBSIDIARY LIST PAGE 2 - DBA & SUBSIDIARY LIST Entity Name Entitv Name Wolseley de Puerto Rico, Inc. North Point Plumbing Supply, LLC Wolseley Financial Services Orange County Plumbing Group, LLC Wolseley Industrial Group Palm Designs LLC Wolseley Integrated de Mexico S.A. de C.V. PCS Industries Wolseley Investments North America, Inc. PL Sourcing Wolseley Investments, Inc. Plumb Source Wolseley NA Construction Services, LLC Plumbing Decor Wolseley NA Finance, Inc. Plumbing Holdings Corp. Wolseley Staffing de Mexico S.A. de C.V. Pollardwater WPCC Forwarding Powell Pipe & Supply Co. Wright Plumbing Supply Power Equipment Direct Inc. Process Instruments & Controls, LLC (effective 9/9/2019) Professional's Bath Source PV Sullivan Supply Ramapo Wholesalers RB Huntington Realty, LLC Rencor Controls (effective 3/16/2020 Robertson Supply (effective 11/19/2018) Rocky Hollow Realty, LLC Renwes Sales Redlon & Johnson Reese Kitchen, Bath & Lighting Gallery S.W. Anderson Sales Corporation (effective 11/11/2019) Safe Step Walk in Tub, LLC (effective 7/31/2018) SG Supply Co. Ship-Pac Signature Hardware SimplyPlumbing, LLC SOS Sales Southhampton Realty Corp. Stock Loan Services, LLC Supply.com Tarpon Wholesale Supplies The Davidson Group The Plumbing Source The Stock Market Tinkar Realtv, LLC TotalFab, LLC TPW Kitchen & Bath Wallwork (effective 12/10/2018) Wanlyn Realty Corp. Waterworks Industries Webb Distributors Western Air Supply Westfield Lighting Wholesale Group Wholesale Group Operations, Inc. Wolseley (Barbados) Ltd C O to 7 O L d LL to L N d O 1M L M J C0 Z 0 O O N O to Ln Ln N 7V a Packet Pg. 923 16.C.4. b 12/9/21, 1:40 PM Detail by Entity Name DIVISION OF CORPORATIONS Department of State / Division of Corporations / Search Records / Search by Entity Name / https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder Packet Pg. 924 12/9/21. 1:40 PM Detail by Entity Name 16.C.4. b MURPHY, KEVIN M 12500 JEFFERSON AVE. NEWPORT NEWS, VA 23602 Title MGR Graham, Ian T 12500 JEFFERSON AVE. NEWPORT NEWS, VA 23602 Title Treasurer Crowder, Brenda L. 12500 JEFFERSON AVE. NEWPORT NEWS, VA 23602 Title Assistant Secretary Cooper, James L. 12500 JEFFERSON AVE. NEWPORT NEWS, VA 23602 Title Assistant Secretary Gallo, Eric A. 12500 JEFFERSON AVE. NEWPORT NEWS, VA 23602 Title Assistant Secretary Rice, Wesley E. 12500 JEFFERSON AVE. NEWPORT NEWS, VA 23602 Title Assistant Secretary Yutesler, Julie A. 12500 JEFFERSON AVE. NEWPORT NEWS, VA 23602 Annual Reports Report Year Filed Date 2020 02/22/2020 2021 03/29/2021 Document Images 03/29/2021 --ANNUAL REPORT View image in PDF format 02/22/2020 — ANNUAL REPORT View image in PDF format 04/09/2019 — Foreign Limited View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaii?inquirytype=EntityName&directionType=Initial&searchNameOrder- packet Pg. 925 12/9/21, 1:40 PM Detail by Entity Name 16.C.4. b c O rn 7 Cl L LL N Z 0 0 0 N M LD LO LO N N Z 0 0 0 N a+ C d E L U R a+ a+ Q https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaii?inquirytype=EntityName&directionType=Initial&searchNameOrder= Packet Pg. 926 12/9/21. 1:38 PM sunbiz.org - Florida Department of State 16.C.4. b DIVISION OF CORPORATIONS 1 If 41 Previous on List Next on List Return to List Fictitious Name Search No Filing History Submit Fictitious Name Detail Fictitious Name SUNSTATE METER & SUPPLY Filing Information Registration Number G21000143609 Status ACTIVE Filed Date 10/26/2021 Expiration Date 12/31/2026 Current Owners 1 County MULTIPLE Total Pages 1 Events Filed NONE FEI/EIN Number 54-1211771 Mailing Address 12500 JEFFERSON AVENUE NEWPORT NEWS, VA 23602 Owner Information FERGUSON ENTERPRISES, LLC 12500 JEFFERSON AVENUE NEWPORT NEWS, VA 23602 FEI/EIN Number: 54-1211771 Document Number: M19000003601 Document Images 10/26/2021 -- REGISTRATION I View image in PDF format Previous on List Next on List Return to List No Filing History Fictitious Name Search Submit dos.s u nbiz.org/scripts/ficid et.exe?action=D ETR EG&d ocn u m=G 21000143609&rdocn u m=G21000143609 Packet Pg. 927 16.C.4.c Co�r County Waiver Request Form Instructions Completed waiver requests accompanied by any associated backup documentation (sole source letter, business case, etc.) must b� submitted to the division's Procurement Strategist for any procurement, without competition, in excess of $3,000. Waiver request. greater than $50,000 will require approval by the Board of County Commissioners. Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be based on havin( only one supplier in the marketplace, proprietary technology, copyright, patent, or a supplier's unique capability. Single source refers to a procurement directed to one source because of standardization, warranty, geographic territory, or other factors even though other competitive sources may be available. Requester Name: Jesse Komorny Division: Financial Operations Item/Service: Purchase Neptune meter 3/4" to 2" and repair parts Vendor Name: Ferguson Enterprises, LLC d/b/a Sunstate Meter & Supply Historical Not to Exceed Is there an agreement associated with this Countywide 40 00000 Requested 02/25/2022 - 09/30/2025 Amount per $50,000.00 waiver to be reviewed by Contracts? Spend: . date range: Fiscal Year: ❑ Yes ❑✓ No ❑ Sole Source ❑✓ Single Source ❑ One Time Purchase ❑✓ Multiple Purchases Description of Purchase: Enter a description of the item(s) that will be purchased under this waiver. With the acquisition on the Golden Gate Service Area on March 1 st, 2018 it will be required to purchase 3/4", 1", 1 1/2" and 2" Neptune T-10 Gallon AMI Meters, IProCoder with Itron connectors to work in conjunction with the Itron AMI meter reading system. Purpose: Describe in detail, the public purpose of the requested item(s) and why it is essential to County operations. 100% of the residential meters installed within the Golden Gate Service Area are Neptune AMI brands. Neptune meters with Itron Erts are the only brand that can be used to operate with the current system. No other brand can be used for compatibility reasons with existing ITRON Collectors and repeaters within the Golden Gate Service Area. Information Technology: Select Yes if the products/services are related to Information Technology. If yes, please provide the Purchasinc Compliance Code (PCC) number or email approval documentation. ElYes ❑ No If yes, provide the PCC number: Revised 06/17/2021 Packet Pg. 928 16.C.4.c Co�r County Waiver Request Form Justification: Identify the criteria that qualifies this purchase as a sole or single source. Select from the list below. Check all that apply (if box is checked, please make sure to provide an explanation below): ❑ Sole Source ❑ Only Authorized Vendor or Distributor: Is this vendor the only vendor authorized to sell this product/service? If yes, explain below and provide documentation from the manufacturer confirming claims made by the distributors. ❑ No Comparable Product or Service: Is there another vendor who can provide a similar producf/service, regardless of cost, convenience, timeliness, etc.? ❑ Product Compatibility: Does this product/service provide compatibility with existing equipment that prohibits switching to another comparable brand/vendor? If yes, provide the detailed explanation below, including what would occur if the other brand/vendor were used. ❑ Proprietary: Is this product/service proprietary? If yes, provide a detailed explanation below on how its use is restricted by patent, copyright or other applicable laws and provide documentation validating that claim. ❑✓ Single Source ❑ Standardization: Is this product/service part of a purchase that the County has already standardized on? If yes, please provide the detailed information below. Date of BCC Standardization: BCC Agenda Item number: ❑ warranty: Is this the only vendor able to complete factory -authorized warranty services on County owned equipment? If yes, provide the documentation verifying the warranty. ❑✓ Geographic Territory: Is this vendor the only vendor authorized to sell this product/service in our region? If yes, provide documentation from the manufacturer confirming those claims. ❑ Other Factors: Any other reason not listed above, explain below. Explain: How does this purchase meet the identified sole or single source criteria listed above? Ferguson Enterprises, LLC d/b/a Sunstate Meter & Supply is the sole authorized Neptune Distributor with a resell supply agreement in the State of Florida. Please see attached letter. Revised 06/17/2021 Packet Pg. 929 16.C.4.c Co�r County Waiver Request Form How was the decision made to use this vendor? Describe in detail if a formal standardization process was performed via Z c Procurement or if there is a historical precedence established for the use of the product, please explain purchase, and use history and the c current level of County investment in the product. c N This was a complete system purchase under the FGUA/Collier County agreement in March 2018. To replace the existing meters and associated equipment would cost millions of dollars. This is a system we acquired in a purchase from FGUA. The County currently has millions of dollars invested in over 3,800 Existing meter connections within this service area. a L O U rn Explain why it is in the County's best interest to use this product/service rather than issuing a competitive solicitation: What are LO the benefits from the continued use? Are there costs that would be incurred if a different vendor/product were used? What would occur if LO N another brand/vendor were used? To replace the existing meters and associated equipment would cost millions of dollars. This is a a system we acquired in a purchase from FGUA. To replace existing Meters and associated equipment 3,800 customers consisting of residential, multi -family and commercial accounts would cost an estimated 2 million dollars. Explain how this pricing compares to other vendors/products and is it considered to be fair and reasonable: Provide information on historical use and whether pricing has increased/decreased. If sole source and no other product is available, provide the cost for addressing the needs via an alternate approach. As a system that was Purchased by the BCC, we have no other operating AMI system. Prices continue to increase across the board for all products within the Meter and Utility fields. We have budgeted Funds for our 2023 Budget to write a new RFP for small meters. Anticipating the selection in FY2024, once a new system has been selected per purchasing policies we will be replacing the Golden Gate Service area as part of the project. This would be the last area completed under the proposed replacement project as it was just installed prior to Collier County taking ownership. Will this purchase obligate us to future ancillary products or services? Either in terms of maintenance or standardization. ❑ Yes ❑✓ No If yes, explain what types: Revised 06/17/2021 Packet Pg. 930 16.C.4.c Co�r County Waiver Request Form Market research and market alternatives: When was the last time a market evaluation was performed to determine if either the technology or vendor offerings have changed? Based on the life expectancy of the product, when do you anticipate evaluating the market again? Please attach a detailed market evaluation report should the complexity, duration, and dollar amount of the purchase be a high risl to the County. Funds are being appropriated for 2023 Budget to write a new RFP for small meters. Anticipating the selection in FY2024. Purchasing will be aware of the process as they will be heavily involved in the contract review and acceptance. It is a felony to knowingly circumvent a competitive process for commodities or services by fraudulently specifying sole source. Florida Statute 838.22(2). Requested by: Jesse Komorny Digitally signed by Jesse Signature:Jesse KOmOrrl Komorny Y Date: 2022.02.2509:26:14 Date: -05'00' Division Director: JOSeph BeIIOne Digitally signed by BelloneJoseph Signature:BelloneJOseph Date: 2022.03.0209:53:08 05'00' Date: Department Head: Required if over $50,000 Signature: Date: Procurement Strategist: g Sara S ch n e e b e rg e r Schneeber erSa Digitallysigned by ergerSara Signature: g Date:2hnee22.03.250 g Date: 2022.03.25 09 47 10 Date: ra -04'00' Procurement Director: Catherine Bigelow BI elowCatheri Digitally signed by Signature: g BigelowCatherine Date: 2022.03.2810:05:14 Date: Or designee ne -oa'oo' For Procurement Use Only: 0 Approved ❑ Requesting Additional Information ❑ Requires RFI/Intent to Sole Source ❑ Rejected Procurement Comments: Replacing FY20 Waiver Request 024 - Sunstate Meter and Supply ❑ Current FY _ Approval 0 Multi -Year Approval Start Date: 03/25/2022 End Date: 09/30/2024 Revised 06/17/2021 Packet Pg. 931 I NePTUNe TECHNOLOGY GROUP March 23, 2022 COLLIER COUNTY PUBLIC UTILITIES 3339 TAMIAMI TRAIL E. NAPLES, FL 34112 USA Dear Mr. Jesse Komorny: Please note that Ferguson Enterprises, LLC d/b/a/ Sunstate Meter & Supply is the sole authorized Neptune Distributor with a resell supply agreement in the State of Florida. The geographical area of responsibility assigned to them includes all Counties within the State of Florida. Types: Classes of customers exclusively assigned are: Municipalities, private water companies, contractors, and plumbers. Hence, our Distributor(s) are required to maintain a sufficient inventory of Neptune Water Metering Products, including parts, to provide customer field servicing. Thank you in advance for your cooperation. Sincerely, Terry D. Gullett Terry D. Gullett Senior Territory Manager Neptune Technology Group, Inc. 16.C.4.c -4 1600 Alabama 800-633-8754 Highway 229 neptunetg.com Tallassee, AL 36078 Packet Pg. 932 �,!V NePTUNe % TECHNOLOGY GROUP April 25, 2023 To Whom It May Concern, Thank you for your continued trust and faith in Neptune solutions. As always, we are committed to providing you with the best products and solutions in the water industry. Since mid-2020 Neptune, like all businesses, has seen ever increasing costs for the key materials and inputs required to manufacture best in class water solutions. These increases have affected the costs of providing services to our customers. As such, this is a notice that there will be an overall average increase of 75% for our Protectus III Stainless Steel Fire Service Meter product line effective September 23rd, 2023. As with past increase notices, we are including with this letter an updated Frequently Asked Questions (FAQs) document that will explain how our business has been affected by inflationary pressures. If you have any questions not addressed in the FAQs, please feel free to contact your Neptune sales representative. LL c This was a difficult, but necessary decision to make; and we understand how it impacts our a customers. Therefore, we would like to express our appreciation for your ongoing support, and we a are confident these changes will help us to continue providing you with the quality products and U- services that help you, our valued customers, #WinYourDay. 0) Regards, Terry D. Gullett Senior Territory Manager Neptune Technology Group, Inc. 1600 Alabama 800-633-8754 Highway 229 neptunetg.com Tallassee, AL 36078 Packet Pg. 933 �,!V NePTUNe % TECHNOLOGY GROUP Neptune Price Increase Frequently Asked Questions (FAQs) Your price increase letter references "rising costs in raw materials, shipping, and operating costs" can you explain to what extent you are affected? As reported by the Bureau of Labor Statistics, the average annual inflation rate for the United States has risen to 8.3%. This number is an aggregate of all economic activity in the United States. [Note: inflation has risen 3.8% since our last price increase notification in October of 2021.] In Neptune's sector, we are primarily driven by the following economic areas: raw materials, wages, and freight. Let's drill down into examples from each of these areas (as found at US Bureau of Labor Statistics and Cass Information Systems): • Raw materials - PPI Index for Metal Products Copper Base Castings - USBLS o O Inflation April 2020 -April 2022 is 71.6% O Copper inflation since our last price increase communication (October 2021 - March o 2022) is 8% N • Raw materials - PPI for Electronic Component Manufacturing - USBLS U. O Inflation April 2020 -April 2022 is 11.8% a o New data reference - not in last price communication. C1 • Wages - Employment Cost Index - Wages and salaries for private industry workers in all < industries and occupations - USBLS W O Inflation March 2022 versus March 2020 was 8% c O Wage inflation since our last price increase communication (October 2021 - March a) 2022) was 1.4% • Freight - Cass Freight Index - Cass Information Systems o Inflation April 2020 -April 2022 is 49.3% a, o Freight inflation since our last price increase communication (October 2021 - March a 2022) was 11% As you can see, our business environment has been significantly affected by inflationary pressure. The aggregate increase in the example areas we have provided above is 32.2% since our last increase communication. This pressure is much higher than the 8.3% reported as the aggregate inflation rate. 1600 Alabama 800-633-8754 Highway 229 neptunetg.com Tallassee, AL 36078 Packet Pg. 934 �,!V NePTUNe % TECHNOLOGY GROUP Why is this price increase happening now? In the time since our last price increase Neptune has absorbed the further pricing pressure that we documented above. We absorbed that pricing pressure so we would not impact your vital business. However, we have reached a point where we are required to raise pricing so that we can maintain the same levels of quality and service that you, as our valued partner, appreciate. Should I expect further price increases from Neptune? Economists generally agree that we will continue to see higher than average inflationary pressure throughout 2022 and into 2023. Our current price increase anticipates short-term inflationary pressure, and we will re-evaluate pricing levels as it becomes necessary. 1600 Alabama 800-633-8754 Highway 229 neptunetg.com Tallassee, AL 36078 Packet Pg. 935 16.C.4.e Re: Lee County - Neptune prices as of 04/26/2023 0 KomornyJesse To O Deeterponna Hello- same type of meters and prices are comparable. Thanks, Jesse Sent from myiPhone On May 4, 2023, at 12:00 PM, Deeterponna <Donna. Deeter@toll iercountyfl.gov> wrote: FW: Lee County - Neptune prices as of 04/26/2023 0 Deeterponna Tc KomornyJesse Cc O Deeterponna DLee County - Ferguson - Neptune prices as of 04-2023.pdf v oa 4 KB Action Items Hi Jesse, Here is a snippet of the Lee County items that I think are the same as us? Can ycu please confirm? The first list of items are not exactly the same, the Lee part numbers end in 51573, ours end in 51694. Pricing is similar. https://wyAy.leegoy.com/procurement/aviarded-annual<OntraCts/downloads?fid=5761&fn=ProieCt2O22-01-31TI3 18 25.xm1 Reply CEO Reply All —4 Forward 1 U Thu 5/4/2023 12:28 PM NEPTUNE E C3DRPHG21S1573 6' TF USG PC )000( Net S 5,535.71 NEPTUNE : C3ERPHG21S3573 8'(6X8) TF USG PC XXXX RF Net 5 9,428.5x NEPTUNE EP7C1RHG2S3573 4X1 HPP3 USG EC XXXX Net S 10.114.2,1 NEPTUNE EP7D1RHG2S1573 6X1 112 HPP3 USG EC )OD0( Net s 16,5285% NEPTUNE E P7E I RHG2S 1573 8X2 HPP3 USG EC XXXX Net 5 21,383.51 NEPTUNE EP7F1RHG2SIS7;. 10X2HPP3 USG EC)XXX Net 5 24,797.1•t NEPTUNE EU3A1G3 3' M30 USG SA)000(OF MACH 10 GALLON FLGED METER 12' LL Net Net $ 2,961.54 NEPTUNE EU3A2G1 3' M10 USG R91 XXXX MACH 10 R9000 GAL ULTRASONIC METER, 12' LL Net Net $ 3.007.69 NEPTUNE EU381G1 3' Ml0 USG SA X)00( OF MACH 10 GALLON FLGED METER 1T LL Net Net S 2,938.46 NEPTUNE EU382G1 3' M10 USG R91 0= MACH 10 R9001 GAL ULTRASONIC METER, 17' LL Net het $ 3,094.62 NEPTUNE EU3CIG1 4' M10 USG SA X)00(OF MACH 10 GALLON FLGED METER 14' LL Net Not $ 3.67692 NEPTUNE EU3C2G1 4' M10 USG R91)000( MACH 10 R9001 GAL ULTRASONIC METER, 14' LL Net Net $ 3,82308 NEPTUNE EU3DIG1 4' M10 USG SA)O=OF MACH 10 GALLON FLGED METER 20' LL Net Net $ 3,776.92 NEPTUNE EU302G1 4' M10 USG R91 XXXX MACH 10 R9001 GAL ULTRASONIC METER, 20' LL Net Net $ 3.923.08 NEPTUNE EU3E1G1 6' M10 USG SA XXXX OF MACH 10 GALLON FUSED METER 18' LL Net Net $ 6,22308 NEPTUNE EU3E2G1 6' M10 USG R91)0= MACH 10 R90Q GAL ULTRASONIC METER, 18' U. Net Net $ 6,369.23 NEPTUNE EU3F1G1 6' M10 USG SA)O=OF MACH 10 GALLON FLGED METER WILL Net Net $ 6,376.92 NEPTUNE EU3F2G1 6' M10 USG R91 0 XX MACH 10 R900 GAL ULTRASONIC METER, 24' LL Net Net S 6,523.08 NEPTUNE EU4A1G1 8' M10 USG SA XXXX OF MACH 10 GALLON FLGED METER 20' LL Net Net $ 9,943.85 NEPTUNE EU4A2G3 8' M10 USG R91)000( MACH 10 R900 GAL ULTRASONIC METER, 20' LL Net Net $ 10,089.23 NEPTUNE EU4B1G1 10' M10 USG SA XXXXOF MACH 10 GALLON FLGED METER 26' LL Net Net $ 12,42309 NEPTUNE EU482GI 10' M10 USG R91 XXXX MACH 10 R90p GAL UlTRA50NIC METER, 26' LL Net Net $ 12,569.23 NEPTUNE EU4CIG1 12' M10 USG SA)D=OF MACH 10 GALLON FLGED METER 19.7' LL Net Net $ 14,476.92 NEPTUNE EU4C2G1 12' M10 USG R91)000( MACH 10 R9001 GAL ULTRASONIC METER, 19.T LL Net Net $ 14,623.08 IWIP111NF 1 %An4 1 -AVW-Inv R F( I AIMF I) tIr — I No• I No! I % I(Y)I Packet Pg. 936 Mete/ & Aldwnatimi Grvtry 16.C.4.e April 25, 2023 Collier County Fee Schedule EP7CIRPHG21SI694 4 HPP3 SS P/C USG W/ NICOR $ 11,613.54 EP7DIRPHG21SI694 6 HPP3 SS P/C USG W/ NICOR $ 18,935.69 EP7EIRPHG2151694 8 HPP3 SS P/C USG W/ NICOR $ 24,447.69 NEP7FIRPHG21S1694 10 HPP3 SS P/C USG W/ NICOR 528,374.58 NEU3AIG1S1694 3- MACH 10, 12" LENGTH USG $ 3,218.74 NEU3B1G1S1694 3- MACH 10, 17- LENGTH USG $ 3,304.35 NEU3C1G1SI694 4" MACH 10, 14" LENGTH USG $ 4,126.26 NEU3DIG1S1694 4- MACH 10, 20- LENGTH USG $ 4,237.97 NEU3E1G1S1694 6" MACH 10, 18- LENGTH USG $ 7,025.77 NEU3F1G1S1694 6" MACH 10, 24" LENGTH USG $ 7,198.63 NEU4AIG1S1694 8" MACH 10, 20" LENGTH USG $ 12,140.98 NEU4BIG1S1694 10" MACH 10, 26" LENGTH USG $ 15,158.45 NEU4C1G1S1694 12- MACH 10, 19.7" LENGTH USG $ 17,658.28 Donna Deeter, CSCP, CPCM Contract Adminiztrctgn Speciofst Packet Pg. 937 16.C.4.f FERGUSON Waterworks Meter & Automation Group April 25, 2023 To Whom It May Concern, This letter is regarding contract 20-040-NS "Large Meters" between Ferguson Waterworks and Collier County and is intended to serve two purposes: 1.) To communicate the obsolescence of Tru/Flo Compound meters and propose an alternative that aligns with your investment in Neptune large meters over the years, and 2.) To request a price consideration for increase on the HP Protectus III Stainless Steel Fire Service Meter product line. Neptune has confirmed the end of sale for Tru/Flo Compound Meter assemblies to be December 31St 2023. The Tru/Flo Compound meter has long been a proven asset for Collier County as a revenue generator on commercial metering applications. However, measurement technology for wide flow ranges has been improved upon, and Neptune is now offering the MACH 10 Ultrasonic Meter in lieu of the Tru/Flo. The MACH 10 utilizes ultrasonic technology to measure flow and will measure at 100% accuracy for the life of the meter. This will enhance revenue capture for the County on a consistent basis. This offering will also maintain compatibility with your existing reading system just as the Tru/Flo Compound had before. In the nearly 3 years since the inception of this contract, inflationary pressures and raw material cost increases have driven the cost of the HP Protectus III up dramatically. Neptune and Ferguson have made a committed effort over the life of the contract to absorb increases as valued partners to the County. However, to continue offering this product line, as well as the quality and service that you have come to expect, we are respectfully requesting a price consideration on the HP Protectus III product line outlined in the Fee Schedule provided to the County. We appreciate the past business we have received from Collier County and look forward to meeting your metering needs in the future. If you have any questions or if I can be of any further assistance, please do not hesitate to contact me. Respectfully submitted, Tyler Stargel AMR/AMI Specialist Ferguson Waterworks, Inc. Meter & Automation Group Packet Pg. 938