Backup Documents 08/27/2024 Item #16C 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING ACIPENED
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T9m 2 8 2024
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarde th t,
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received i 14�
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP C
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routin!lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management -be V2.470-
2. County Attorney's Office County Attorney Office 9>3A
lt
4. BCC Office Board of County
Commissioners gh,/„.6/1j ifsfr (
4. Minutes and Records Clerk of Court's Office
C)04- Ct
5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Vanessa Diaz/Procurement Contact Information 239-252-8947
Contact/Department
Agenda Date Item was August 27, 2024 Agenda Item Number 16.C.9.
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A 24-032-NS Evoqua Water
number if document is Evoqua Water Technologies LLC
to be recorded Technologies LLC
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be VD
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-throughs and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the VD
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney's Office at the time the item is input into SIRE.
Some documents are time-sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on August 27,2024 and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County I 1 an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the 60 l`v an option for
Chairman's signature. this line.
16C 9
GENERAL SERVICE AGREEMENT
(NON-SOLICITATION)
# 24-032-NS
for
Odor Control Products and Services
THIS AGREEMENT, made and entered into on this 2�1 day of AUTA.1- 20 24 , by
and between Evoqua Water Technologies LLC
authorized to do business in the State of Florida, whose business address is
210 Sixth Avenue, Suite 3300, Pittsburgh, PA 15222 (the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a five ( 5 ) year period,
commencing ; or I■I on October 1, 2024 and
terminating on five ( 5 ) 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
( ) additional
the end of the Agreement term then in effect.
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
term prior to the end of
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a Purchase Order I I .
3. STATEMENT OF WORK. The Contractor shall provide services/products in accordance
with the terms and conditions of this Agreement, II, Exhibit A — Scope of Services,
attached to this Agreement AI 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/Sole Source Waiver,
IOther:
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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.
,
Act".
IN The County shall pay the Contractor for the performance of this Agreement an
estimated maximum amount of Two Million Five Hundred Dollars
($2,500,000.00 ), per County fiscal year, based on units/services furnished per
Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in
Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval
by the County's Contract Administrative Agent/Project Manager, and in compliance with
Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment
Act".
estimated maximum amount of
($ ), per County fiscal year, based on units/services furnished pursuant
a specific Request fef
Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known
4.1 Price Methodology (as selected below):
II ,
transferred from the County to the contractor; and, as a business practice there arc no
,
,
is authorized.
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10 Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the contractor's markup). This methodology is generally used in projects in
which it is not possible to accurately estimate the size of the project, or when it is expected
that the project requirements would most likely change. As a general business practice,
these contracts include back-up documentation of costs; invoices would include number
of hours worked and billing rate by position (and company (or subcontractor) timekeeping
or payroll records), material or equipment invoices, and other reimbursable
documentation for the project.
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (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 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
:
vancc in writing by the County. Tra.,el expenses shall be
reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following
Mileage Q .i4 pef mid
Breakfast
Lunch $ 00""
Dinner $40700
AiFfare
Rental car Actual rental cost limited to compact or standard size
vehicles
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Taxi or Airport Limousine Actual cost of either taxi or airport limousine
undertaken pursuant to this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531C.
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: Evoqua Water Technologies LLC
Address: 2650 Tallevast Rd
Sarasota, Florida 34243
Authorized Agent:
Attention Name & Title: Eric Hansen
Telephone: (951) 326-7415
E-Mail(s): Eric.C.Hansen@evoqua.com
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: Robert VonHolle
Division Name: Wastewater Division
Address: 3339 Tamiami Trail East
Naples, Florida 34112
Administrative Agent/PM: Frank lnzano, Manager
Telephone: (239) 252-2597
E-Mail(s): Frank.Inzano@colliercountyfl.gov
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The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
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.
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11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. ■ Business Auto Liability: Coverage shall have minimum limits of
$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. 1111 Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of$ 1 ,000,000
for each accident.
•
this insurancc. Such insurance shall have limits of not less than $ each
claim and aggregate.
&n •
: Covcragc shall
have minimum limits of$ per claim.
GG. n _ • Ceveefa o sh ll
H., ❑ _ : Coverage shall
have minimum limits of$ per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Collier
County Government shall be listed as the Certificate Holder and included as an
"Additional Insured" on the Insurance Certificate for Commercial General Liability where
required. This insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the
Contractor's policy shall be endorsed accordingly.
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Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
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 Public Utilities Wastewater 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.
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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: Contractor's Proposal, ❑■ Insurance Certificate(s), n Exhibit A Scope of
Services, ❑■ Exhibit B Fee Schedule, ❑ cubccqucnt quatea, and n Other
Exhibit/Attachment: Addendum to Collier County's PO Terms and Conditions
17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to
the terms of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee of
the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended, as well as the requirements set forth in Florida Statute, §448.095; taxation,
workers' compensation, equal employment and safety including, but not limited to, the
Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law
Chapter 119, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(&,colliercountyfl.gov
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The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
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
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within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or a Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23. I CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris,
rubbish and waste materials arising out of the Work. At the completion of the Work,
Contractor shall remove all debris, rubbish and waste materials from and about the Project
site, as well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean.
24. 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
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. n 1A/A DD A AITV
and payment by the County.
receipt of written notice from the County. Contractor shall also be responsible for and pay
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of such replacement or repair.
warranties to which the County is entitled as a matter of law.
26. ❑■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws,
ordinances, rules or regulations of any public authority having jurisdiction over the Project
requires any portion of the Work to be specifically inspected, tested or approved,
Contractor shall assume full responsibility therefore, pay all costs in connection therewith
and furnish to the County the required certificates of inspection, testing or approval. All
inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the County.
27. ❑1 PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable is responsible for any loss or damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies necessary
to replace such loss or damage shall be deducted from any amounts due to
Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
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.
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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.
fight to perform -investig as 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 the services on a timely basis, and each person
•
seven (7) days of the change.The Count
personnel.
01 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
35. • ORDER OF PRECEDENCE. In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of solicitation the Contractor's Proposal,
Page 12 of 18
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and/or the County's Board approved Executive Summary, the Contract Documents shall
take precedence.
Executive Summary, the terms of the Agr precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agree
the Agreement, the conflict shall be resolved by imposing the more strict or costly
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
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(colliercountyfl.gov) whenever an employee assigned to Collier
County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of $500 per incident.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If
there are additional fees for this process, the Contractor is responsible for all costs.
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38. 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.
(Remainder of page intentionally left blank -signature page to follow)
Page 14 of 18
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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: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of the Circuit
Court and Comptroller
4
Art
By: c n By:
(, st as to Chairman's Chri all , Chairman
Dated: "l J y signature only
(SEAL)
Contractor's Witnesses: Evoqua Water Technologies LLC
Contractor
By: cv,
rftractor's First iitness `signature q
ioh.n cI may c c vP , Assisted S(rre/ ra
*/)1,411 X, 4LiL-se),I TType/print signature and titleT
TType/print witness name
Cont ctor's Se and Witness
TType/print witness name
,•pr%v d as F rm and Legality:
glio
County Attorney
Print Name
Page 15 of 18
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16C 9
Exhibit A
Scope of Services
III following this page (pages 1 through 5 )
❑ this exhibit is not applicable
Page 16 of 18
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16C 9
EXHIBIT A
SCOPE OF SERVICES
1.Liquid Phase Odor Control Services
1.1 Equipment Scope
As part of the Odor Control Program,Evoqua shall supply all feed equipment required for the safe
application of odor control chemicals at those sites deemed necessary to achieve the previously
listed treatment objectives. Standard feed equipment offering includes:
• Chemical Storage Tank(adequately sized)
• Tank Level Monitor
• Chemical Feed/Calibration System
• Chemical Metering Pump(s)(adequately sized)
• All necessary piping/fittings to complete equipment install.
Evoqua Water Technologies retains ownership of all provided equipment. Evoqua will maintain
spare parts for the equipment for emergency replacement.
1.2 County Requirements
The County shall be responsible for providing all utility services for the odor control equipment
provided by Evoqua. This includes,but is not limited to, electrical,water and sewer services. The
County shall be responsible to make any necessary changes to the installation or control points such
as forcemain taps, wet well penetrations, concrete pads, fencing, etc. The County shall also be
responsible for site security and maintenance of fencing and obtaining right of way for delivery
truck access.
1.3 Preventative Maintenance
The Odor and Corrosion Control Program will include routine and emergency service. An Evoqua
service technician will review the Link2Site website daily for equipment operation and visit the
sites as needed to perform any required maintenance on equipment, optimize chemical dosing,
conduct compliance sampling and provide a written report monthly. On-site routine maintenance
service will include the following:
• Daily review of Link2Site Website for verification of proper equipment operation
• Check the equipment for proper operation
• Perform scheduled preventative maintenance on equipment
• Repair or replace any needed parts or equipment
• Submit a written report outlining services and observations during the routine service visit
In addition to routine service,Evoqua will respond to any emergency or odor complaint notification
received within six(6)hours of its receipt of such notification.
Page 1 of 4
Exhibit A— Scope of Services CAO
16C 9
1.4 Monitoring Services
The Control points that have a liquid sulfide goal shall be tested for compliance with the
established odor control goal criteria a minimum of one time monthly. Analytical methods shall
include the following:
Parameter Procedure
Liquid Phase Monitoring
Total Sulfide Std. Methods 4500-S2- D. Methylene Blue
Dissolved Sulfide Std. Methods 4500-S2- using pre-flocculation to remove
insoluble sulfides
pH Combination glass electrode
Temperature NIST calibrated thermometer
1.5 Liquid Phase Odor Control Pricing
Biological and chemical products are provided on a unit price basis. All product prices in this
section include delivery, application equipment, maintenance, technical evaluation
support/service, and technology licenses.
See Table I —Biological/Chemical Products on Exhibit B- Fee Schedule for pricing.
2. Vapor Phase Odor Control Products
2.1 Equipment Scope
As part of the Odor Control Program, Evoqua can supply the following Vapor Phase Odor Control
Products:
• ZABOCSOO Hybrid Biological Odor Control Units
• MIDAS® OCM Carbon Odor Control Units
• LOPRO® Chemical Scrubber Odor Control Units
• BTF Bio-trickling Odor Control Scrubbers
2.2 County Requirements
The County shall be responsible for providing all facets of of offloading, installation, site
preparation, Utilities, startup and all ongoing operation.
2.3 Vapor Phase Equipment Pricing
Should the need arise for new Vapor Phase equipment within the program, Evoqua is pleased to
offer the County the following pricing for modular odor control systems.
See Table 2—Vapor Phase Products on Exhibit B- Fee Schedule for pricing.
2.4 Odor Unit Consumables
See Table 3- Consumables, on Exhibit B- Fee Schedule for pricing.
Page 2 of 4
Exhibit A- Scope of Services ~'
16C9
2.5 Additional Services Pricing
Additional services required under this Agreement will be provided on a per hourly rate basis.
See Table 4- Service Labor Pricing on Exhibit B—Fee Schedule for pricing.
2.6 Odor Unit H2S Monitoring Equipment
Shall include odor unit hydrogen sulfide monitoring equipment. See Table 5- Order Unit
Monitoring Pricing on Exhibit B- Fee Schedule for pricing.
3.Price Modifications
3.1. Any requested adjustment shall be fully documented and submitted to the County no less than thirty
(30)days prior to the contract anniversary date.
For services,Price increases shall not exceed the 12-month Producer Price Index Commodity data for
Final demand Construction for Government,not seasonally adjusted(Series ID: WPUFD432)as
published by the U.S. Bureau of Labor Statistics.
For chemicals, Price increases shall not exceed the 12-month Producer Price Index Commodity data for
Other miscellaneous chemical product manufacturing,not seasonally adjusted(Series ID:
PCU325998325998)as published by the U.S. Bureau of Labor Statistics.
Retroactive price adjustments are not authorized. All requests must be submitted to the County
Representative or designee.Any approved cost adjustments shall become effective as of the anniversary
date or upon Procurement Director/Board approval.
• Contractor shall provide supporting documentation justifying price increases (examples:
Contractor's material agreements, distributor invoices,proof of fuel increases, etc.).
• County Representative or designee shall analyze prices to determine if increases are fair and
reasonable using the following methods: price competition(reviewing competitive bids or offers),
market prices, historical prices,or independent estimates.
• Contractor shall continue to fill all purchase orders received at the current agreement prices
during the review process.
• The Procurement Director has the authority to approve price adjustments in accordance with the
Procurement Ordinance, as amended. The bid tabulation shall be modified with the price
increases, or an amendment process as required, and uploaded into the County's Finance system.
• Price increase requests are not guaranteed. If approved,the Procurement Director or designee
will notify the Contractor in writing with the effective date of any approved price increases.
The County may, after examination,refuse to accept the adjusted costs if they are not properly
documented, considered excessive,or if decreases are deemed insufficient. In the event the County does
not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the County, a
contract termination will have to be processed.
Page 3 of 4
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Exhibit A- Scope of Services
16C 9
4. Additional Items
Additional items may be added at any time with mutual agreement by the Vendor and the County.
5. Warranty
The Vendor warrants the Work, or any components thereof, for twelve (12)months, upon County's
acceptance of start-up.
Page 4 of 4 CAO
Exhibit A- Scope of Services
16C 9
Exhibit B
Fee Schedule
❑■ following this page (pages 1 through 1 )
Li this exhibit is not applicable
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EXHIBIT B
FEE SCHEDULE
Table 1 - Biological/Chemical Products
ITEM# DESCRIPTION PRICE
1 Bioxide $3.37/gallon
2 Bioxide Plus 71 $4.57gallon
3 Bioxide AE $3.55/gallon
4 Odophos $1.76/gallon
5 Odophos Plus $2.37/gallon
6 Ferric Sulfate (9%) $2.41/gallon
7 50% Hydrogen Peroxide $0.55/Ib
8 VX-456 (Bulk Tanker) $1.62/Ib
9 VX-456 (Tote) $2.09/Ib
10 Aktivox (Full Truck) $1.24/Ib
11 Aktivox (Partial Load) $1.49/Ib
12 Perox Pus $4.15/Ib
13 Alkagen AQ $2.09/gallon
These prices do not include any applicable taxes. New products/technologies shall be offered to the County
as they become available.
Table 2-Vapor Phase Products
No. System Description Type Maximum Sale Price
Airflow
1 ZB-30 Mini Biofilter 100 cfm $90,750
2 ZB-42 Mini Biofilter 200 cfm $96,150
3 ZB-54 Mini Biofilter 350 cfm $100,600
4 ZABOCS-4000 Biofilter 400 cfm $133,650
5 ZABOCS-5000 Biofilter 600 cfm $146,050
6 ZABOCS-6000 Biofilter 900 cfm $157,800
7 ZABOCS-7000 Biofilter 1,150 cfm $173,200
8 ZABOCS-7010 Biofilter 1,650 cfm $202,100
9 ZABOCS-7012 Biofilter 2,000 cfm $222,000
10 ZABOCS-7015 Biofilter 2,500 cfm $239,200
11 ZABOCS-7018 Biofilter 3,000 cfm $258,700
12 ZABOCS-7020 Biofilter 3,300 cfm $280,000
13 ZABOCS-7025 Biofilter 4,200 cfm $310,850
14 ZABOCS-8025 Biofilter 5,000 cfm $367,600
15 RJMC-0150 Carbon 100 cfm $103,400
16 RJMC-0200 Carbon 200 cfm $106,900
17 RJMC-0250 Carbon 300 cfm $113,050
18 RJMC-0300 Carbon 420 cfm $119,400
19 RJMC-0350 Carbon 600 cfm $131,150
20 RJMC-0400 Carbon 750 cfm $141,400
21 RJMC-0450 Carbon 950 cfm $154,950
22 RJMC-0500 Carbon 1,200 cfm $167,750
Page 1 of 2 .,
r AC.
Exhibit B- Fee Schedule
1 6 C 9
Table 3—Consumables
No. Description Unit $''/Unit
1 VoCarb® P60 Supersack Lbs $3.25
2 VoCarb® P60 Bag Lbs $3.70
3 VoCarb®36C Supersack Lbs $2.25
4 VoCarb®36C Bag Lbs $2.70
5 MIDAS®C20 (coconut based) Supersack Lbs $6.75
6 MIDAS®C30 (coconut based) Supersack Lbs $7.75
7 MIDAS®OCM (coal based) Supersack Lbs $7.40
8 MIDAS®OCM (coal based) Bag Lbs $8.20
9 Biofilter Nutrient 8-2-8 (5-Drum Quantity) Gal $20.00
10 Biofilter Nutrient 8-2-8 ( 5-Gallon Minimum) Gal $30.00
11 Bioglas® Media Lbs $9.50
Pricing does not include any applicable taxes. New products/technologies shall be offered to the County
as they become available.
Table 4—Service Labor Pricing
JOB TITLE FEE RATE (per hour)
Project Engineer $175.00
Field Technician $155.00
Table 5—Odor Unit Monitoring Pricing
No. Description Unit $/Unit
1 Acrulog 0-50 ppm Logger Each $2,850
2 Acrulog 0-200 ppm Logger Each $2,850
3 Acrulog 0-1000 ppm Logger Each $2,850
4 LRSS-2 Sampling System Each $3,136
5 CEM Single Point Each $17,850
6 CEM Two Point Each $28,564
7 OEM Three Point Each $41,421
8 DiCom Perimeter Monitor Each $20,707
9 Acrulog Differential Pressure Logger Each $2,850
10 Acrulog IPX Logger Each $7,850
11 Acrulog PPB Logger Each $7,279
12 Acrulog Dilution Logger Each $8,707
13 Acrulog NH3 Logger Each $4,850
14 Acrulog Shelter Each $279
15 Calibration Gas Kit Each $564
Pricing does not include any applicable taxes. New products/technologies shall be offered to the County
as they become available.
Page 2 of 2
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Exhibit B- Fee Schedule
16C9
Other Exhibit/Attachment
Description:
Addendum to Collier County's Purchase Order Terms and Conditions
❑� following this page (pages 1 through 4 )
❑ this exhibit is not applicable
Page 18 of 18
General Service Agreement Non-Solicitation W—
[2024_ver.1]CA0
w
DocuSign Envelope ID:2EBB0893-0958-43F3-BBB5-55E3A8443962
•
ADDENDUM TO COLLIER COUNTY'S 1 6 C 9
PURCHASE ORDER TERMS AND CONDITIONS
(reviewed 08/10/23;12/18/13;05/5/10)
The terms and conditions of this Addendum are hereby incorporated into the Purchase Order ("Contract")
between Collier County, a political subdivision of the State of Florida ("County") and Evoqua Water
Technologies LLC ("Vendor"), a Foreign Limited Liability Company authorized to do business in the State of
Florida with principal address 210 Sixth Avenue, Suite 300, Pittsburgh, PA 15222, together the "Parties".
The Parties mutually agreed to the changes outlined in this Addendum and this Addendum shall apply to any
Purchase Order issued by the County to the Vendor and only while the County's standard Purchase Order Terms
and Conditions version identified above is in place. In the event of a conflict between the Contract documents
and the Addendum herein, the terms and conditions of this Addendum shall control.
The additions are shown herein by underlining; deletions are shown by strikefhreughs.
SECTION 6. Time is of the Essence: amended as follows:
Thule fer--deli very-ef--gee4s-er-performance of-services under-this Purchase Order is of the essence.
Failure of VENDOR-to--r +eet�Tivery-schedules-er-delive -within a reasenable e, as-interpreted-by
the COUNTY alerae shall-en#tle-t# ek-aIl remedies available-te-it-at-law-er in equity.
VENDOR agrees to reimburse the COUNTY fer-any-expenses-incurred in enforcing its rights. VENDOR
further-agrees that the-undiseovered-delivery-ef-nonconforming-geeds-and/er s
the-COUNTWS-right-to insist upon-further-som-pli-ance-with-all-specifications.
In the event the availability for shipment of all or any portion of the equpment is delayed for other than
excusable causes beyond the agreed upon shipment dates and such delay contributes to the delay in
the preliminary operation, then VENDOR will, as liquidated damages and not as a penalty, issue credit
to the COUNTY in the amount of one-quarter of one percent(1/4%)per week of the value of the delayed
equipment for each week of such delay beyond the date indicated aboveLprovided, however, that in no
case shall such credit exceed five percent(5%) of the value of the delayed equipment. In no event shall
the COUNTY assess liquidated damages against VENDOR for late shipment for any delays caused by
COUNTY or a third party, including but not limited to changes, which impacts the original agreed upon
shipment schedule. The above liquidated damages shall constitute the sole and exclusive remedy of
the COUNTY and maximum damages for the failure of VENDOR to meet the scheduled shipment
date(s). VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights.
VENDOR further agrees that the undiscovered delivery of nonconforming goods and/or services is not
a waiver of the COUNTY'S right to insist upon further compliance with all specifications.
SECTION 8. Warranties: amended as follows:
VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform
to the specifications, drawings, samples, or other descriptions furnished or specified by the COUNTY,
and will be of satisfactory material and quality production, free from defects and sufficient for the purpose
intended. Goods shall be delivered free from any security interest or other lien,encumbrance, or claim of
any third party. These warranties shall survive inspection, acceptance, passage of title and payment by
the COUNTY.
Subject to the following sentence,Vendor warrants to County that the (D work shall materially conform to
the description in Vendor's Documentation and shall be free from defects in material and workmanship
Page 1 of 4
Addendum to Collier County's Purchase Order Terms and Conditions CAO
Between Evoqua Water Technologies LLC and Collier County , ,
DocuSign Envelope ID:2EBB0893-0958-43F3-BBB5-55E3A8443962
16C9
and (ii)the Services shall be performed in a timely and workmanlike manner. Determination of suitability
of treated water for any use by County shall be the sole and exclusive responsibility of County. The
foregoing warranty shall not apply to any Work that is specified or otherwise demanded by County and is
not manufactured or selected by Vendor, as to which (i) Vendor hereby assigns to County, to the extent
assignable, any warranties made to Vendor and (ii) Vendor shall have no other liability to County under
warranty, tort or any other legal theory. The Vendor warrants the Work, or any components thereof,
through the earlier of 18 months from delivery of the work or 12 months from County's initial operation of
the work(the"Warranty Period"). If County gives Vendor prompt written notice of breach of this warranty
within the Warranty Period, Vendor shall, at its sole option and as County's sole and exclusive remedy,
repair or replace the subject parts, re-perform the Service or refund the purchase price. Unless otherwise
agreed to in writing by Vendor, (i) County shall be responsible for any labor required to gain access to
the Work so that Vendor can assess the available remedies and (ii) County shall be responsible for all
costs of installation of repaired or replaced Work if otherwise not covered by the warranty. If any claimed
breach is not, in fact, covered by this warranty, County shall pay Vendor its then customary charges for
any repair or replacement made by Vendor. Vendor's warranty is conditioned on County's (a) operating
and maintaining the Work in accordance with Vendor's instructions, (b not making any unauthorized
repairs or alterations, and (c) not being in default of any payment obligation to Vendor, Vendor's warranty
does not cover(i)damage caused by chemical action or abrasive material, misuse or improper installation
(unless installed by Vendor) and (ii) media goods (such as, but not limited to, resin, membranes, or
granular activated carbon media) once media goods are installed. THE WARRANTIES SET FORTH IN
THIS SECTION 8 ARE THE VENDOR'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT
TO THE LIMITATION OF LIABILITY PROVISION BELOW. VENDOR MAKES NO OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE.
SECTION 11. Indemnification: amended as follows:
To the maximum extent permitted by Florida law, the VENDOR shall defend, indemnify and hold harmless
Collier County, itsofficers 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-Agreemcnt by VENDOR- resulting from any statutory or regulatory violations that are in effect at the
time of execution of this Agreement, or from personal injury or third party property damage, in luding direct
and third-oar-l:y--clams or consequential damages, or and-economic los;, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the VENDOR or anyone employed or utilized
by the VENDOR 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. Vendor shall have the sole authority to direct the defense of and
settle any indemnified claim, subject to the County having the right to consent to the entry of a judgment
against it as part of the resolution of an indemnified claim.Vendor's indemnification is conditioned on County
(a) promptly, notifying Vendor of any claim, and (b) providing reasonable cooperation in the defense of any
claim.
This section does not pertain to any incident arising from the sole negligence of COLLIER COUNTY.
1.1 The duty to defend under this Section 11 is independent and separate from the duty to indemnify, and
the duty to defend exists regardless of any ultimate liability of the VENDOR,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 VENDOR. VENDOR'S obligation to indemnify and defend under this
Section 11 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.
Page 2 of 4 CAO
Addendum to Collier County's Purchase Order Terms and Conditions
Between Evoqua Water Technologies LLC and Collier County t,,;A
DocuSign Envelope ID:2EBB0893-0958-43F3-BBB5-55E3A8443962
6C9
SECTION 19. Termination; amended as follows:
This Purchase Order may be terminated at any time by the COUNTY for convenience, in whole or in part, upon
30 days prior written notice to the VENDOR. This PurchaseOrder may be terminated immediately by the
COUNTY for breach by VENDOR of the terms and conditions of this PurchaseOrder, provided that COUNTY
has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of
such notice. Unless directed otherwise in the notice of termination,the Vendor shall incur no further obligations
in connection with the Purchase Order upon receipt of a written notice to terminate. Upon termination for
County's convenience, the County willpay Vendor for the work performed or in process plus its actual costs
incurred up to the notice of termination.
ADD Section 20. Limitation of Liability; new section added as follows:
LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, VENDOR SHALL
NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT
DAMAGES,AND VENDOR'S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE
WORK, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ALL WARRANTY CLAIMS OR FOR ANY
BREACH OR FAILURE TO PERFORM ANY OBLIGATION UNDER THE CONTRACT, SHALL NOT EXCEED
THE PURCHASE PRICE PAID FOR THE WORK. THESE LIMITATIONS APPLY WHETHER THE LIABILITY
IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
[Signature page to follow]
Page 3 of 4 CA0
Addendum to Collier County's Purchase Order Terms and Conditions
Between Evoqua Water Technologies LLC and Collier County -' f.
DocuSign Envelope ID:2EBB0893-0958-43F3-BBB5-55E3A8443962
16C9
IN WITNESS WHEROF and as evidence of the adoption of the Addendum set forth herein, this
instrument has been executed by the duly authorized officer of each party, effective on the date last written
below.
EVOQUA WATER TECHNOLOGIES COLLIER COUNTY BOARD OF COUNTY
LLC COMMISSIONERS, FL
f--DocuSigned by: II �DocuSigned by:
SOlf (LWLCL 54.E fie 4t4
�—J ECCC82Y98554F5...
. Yre2�s�see4�o.. Signature
Signature g `tUre
Scott t_apcewi ch Sandra Herrera
Print Name Director of Procurement Services Division
vP/GM
Title Date: 11/30/2023
11/30/2023
Date: rb, 4Ygq i to form and legality:
AGDGG07943DC414..
Scott R. Teach, Deputy County Attorney
11/30/2023
/10
Page 4 of 4
Addendum to Collier County's Purchase Order Terms and Conditions ,
Between Evoqua Water Technologies LLC and Collier County