Agenda 04/22/2025 Item #16C 74/22/2025
Item # 16.C.7
ID# 2025-1011
Executive Summary
Recommendation that the Board of County Commissioners, as ex-officio the Governing Board of the Collier County
Water-Sewer District, authorize an increase in expenditures for the single source purchase of mixers, pumps and related
equipment, products, and services," with Xylem Water Solutions USA, Inc., in an amount not-to-exceed $2,360,000 per
Fiscal Year (increasing the expenditure by up to $860,000 per Fiscal Year), and approve the attached Second
Amendment to Agreement No. 24-029-NS
OBJECTIVE: To ensure consistency of fiscal resources with reliable products, equipment, and services that are
standardized and utilized at the critical infrastructure, water plants, wastewater plants, and wastewater collection system
for staff to provide continuous operations and maintenance of those critical facilities.
CONSIDERATIONS: On August 13, 2024 (Agenda Item 16.C.9) the Board approved Agreement No. 24-029-NS with
Xylem Water Solutions USA, Inc., and authorized expenditures under a single source waiver in an estimated amount of
$1,500,000 per Fiscal Year. In retrospect, the annual spend amount established in the contract is not sufficient for
system maintenance and replacement needs. The issue is the setpoint was based on a five-year lookback that does not
provide sufficient purchasing capacity to account for system growth, current pricing, increased age of assets and
unanticipated increased use of the contract by other Divisions.
Due to the growth of the County and increased need for maintenance and repairs on aging equipment, Staff recommends
that the Board approve the attached Second Amendment to Agreement No. 24-029-NS, providing for a not-to-exceed
amount of $2,360,000 per Fiscal Year under board approved single source waiver, 25-023 WV, which increases the
existing Board-approved Fiscal Year expenditures by $860,000.
The Xylem brand pumps used throughout the County utility system received Board approved Standardization in 2018.
To maintain warranty and proper functioning of the units, Xylem mixers are used. Uninterrupted pumping capability is
required to remain in regulatory and operational compliance with Florida Administrative Code (FAC) chapter 62-600
(Domestic Wastewater Facilities), Chapter 62-610 (Reuse of Reclaimed Water and Land Application), and Chapter 62-
555 (Permitting, Construction, Operation, and Maintenance of Public Water Systems), as well as other local, State, and
federal rules and regulations. Additionally, Xylem's Flygt brand is included in the County Approved Products List
(Appendix F) in the Board Approved Collier County Water-Sewer District Utility Standards Manual under Ordinance
No. 2018-36, as amended (see Agenda Items 17.D and 17.E, July 10, 2018). It would cost the County millions of dollars
today to replace the equipment in design changes, installation, training, and possible failure of a different brand,
threatening public safety. The performance and reliability of this equipment has been at or above industry standards.
This item is consistent with the Collier County strategic plan objective to plan and build public infrastructure and
facilities to effectively, efficiently, and sustainably meet the needs of our community. It is further in support of the
Infrastructure and Asset Management Strategic Focus Area’s objectives to optimize the useful life of all public
infrastructure resources through proper planning and preventative maintenance.
FISCAL IMPACT: Funds are available in the Collier County Water-Sewer District Operating Fund (4008), the Water
Capital Project Fund (4012), and the Wastewater Capital Project Fund (4014). As the utility system ages, the quantity of
materials purchased will vary depending on the actual repair/replacement needs.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the
adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. —SRT
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4/22/2025
Item # 16.C.7
ID# 2025-1011
RECOMMENDATIONS: Recommendation that the Board of County Commissioners, as ex-officio the Governing
Board of the Collier County Water-Sewer District, authorize an increase in expenditures for the single source purchase
of mixers, pumps and related equipment, products, and services," with Xylem Water Solutions USA, Inc., in an amount
not-to-exceed $2,360,000 per Fiscal Year (increasing the expenditure by up to $860,000 per Fiscal Year), and approve
the attached Second Amendment to Agreement No. 24-029-NS
PREPARED BY: Robert VonHolle, Director, Wastewater Division
ATTACHMENTS:
1. 24-029-NS Affidavit_SecondAmend_Xylem
2. 24-029-NS VS_SecondAmend_Xylem
3. 24-029-NS FirstAmendFE_Xylem
4. 24-029-NS ContractFE_Xylem
5. 25-023-WV_Xylem
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Docusign Envelope ID: CA2ABCEA-E8B0-4F02-9824-A554B8156988
12/20/2024
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Docusign Envelope ID: CA2ABCEA-E8B0-4F02-9824-A554B8156988
Richard Pangrazzi Sr. Director of Sales, EWDS, Xylem Inc.
12/20/2024
12/20/2024
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GENERAL SERVICE AGREEMENT
NON-SOLICITATION)
24-029-NS
for
Xylem Mixers, Pumps and Related Equipment, Products, and Services
THIS AGREEMENT, made and entered into on this i? day of \uguc}r 20 24 , by
and between Xylem Water Solutions U.S.A., Inc.
authorized to do business in the State of Florida, whose business address is
4828 Parkway Plaza Blvd, Charlotte, NC 28217 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 DUI 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.
additional
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 [I Purchase Order
3. STATEMENT OF WORK. The Contractor shall provide services/products in accordance
with the terms and conditions of this Agreement, '1 Exhibit A — Scope of Services,
attached to this Agreement I, 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,
1 Other:
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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.
Li
Ate-
The County shall pay the Contractor for the performance of this Agreement an
estimated maximum amount of One Million Five Hundred Thousand Dollars
1,500,000.00 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".
n
estimated maximum amount of
per County fiscal year, based on units/services furnished pursuant
to the quoted priced offered by the Contractor in response to a specific Request fof
4.1 Price Methodology (as selected below):
I 1 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks arc
satisfaction of the County's project manager
is authorized.
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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.
4-5 n
must be approved in advance in writing by the County. Travel expenses shall bo
reimbursed as per Scot-ion 11-2.061 Im .
rates:
Mileage
Breakfast 6700
Lunch 1-1.00
Ginner 40 Q
Airfare
Rental car Actual rental cost limited to compact or standard size
vehicles
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items will be paid only after Contractor has provided all receipts. Contractor shall be
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: Xylem Water Solutions U.S.A., Inc.
Address: 5771 Country Lakes Dr.
Ft. Myers, Florida
Authorized Agent: Matthew Fisher, Treasurer
Attention Name & Title: Chris Stewart
Telephone: 239) 693-5228
E-Mail(s): Chris.Stewart@xylem.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 Divison
Address: 3339 Tamiami Trail E
Naples, Florida 34112
Administrative Agent/PM: Donna Deeter
Telephone: 239) 252-2622
E-Mail(s): Donna.Deeter@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. IN 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
500,000 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. I.I 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 $500,00
for each accident.
D. I I
this insurance. Such insurance shall have limits of not loss than $each
claim and aggregate.
E. I-1
F. Coverage shall
have minimum limits of$ per claim.
G. Gev t aged ail
H. 1 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 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:Insurance Certificate(s), Ill Exhibit A Scope of
Services, Exhibit B Fee Schedule, • subsequent quotes, and Gth-ef
Exhibit/Attachment
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: PublicRecordRe uest( colliercountvfl.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.
rubbish and waste materials arising out of the Work. At the completion of the Work,
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. 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 further warrants 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
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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. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws,
requires any portion of the Work to be specifically inspected, tested or approved,
acceptable to the County.
27. I I
of any such loss or damage until final payment has been made. If Contractor or
contractors, Contractor shall be charged with the same, and any monies ncccs..,ary
to replace such lose or damage shall be deducted from any amounts due to
Ge tractor.
Work or adjacent property to stresses or pressures that will endanger it.
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall rc establish the benchmarks and
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. I 1
persons will be utilized in the performance of the Agreement. The Contractor shall assign
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. 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
General Service Agreement Non-Solicitation
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Page 3462 of 6355
and/or the County's Board approved Executive Summary, the Contract Documents shall
take precedence.
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(acolliercountyfl.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.
Page 13 of 18
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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)
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Docusign Envelope ID:9333033F-C84F-4759-AEC3-B03F9DBA4C51
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
G; By. ib'p. By:
tes Chris all Chairman
Ls gnature only
Da ted: i l`'(SEAL)
Contractor's Witnesses: Xylem Water Solutions U.S.A., Inc.
Contractor
DocuSigned by:
DocuSigned by:
i / t PAry-
7„o,y oot o
y DA5772D083SO4CC...
Contractor's First Witness Iq nature
Richar `Pangrazzi Sr. Director of Sales, EWDS,
Christopher Stewart TType/print signature and titleT
TType/print witness nameT
DocuSigned by:
SlAsaln. bulfan,
may„s tt ton«e
Contractor's Second Witness
Susan Button
TType/print witness nameT
Ap d as to F ndv Legality:
r .. l
Q,p„,.9' Co my Attorney
Su sic'IL e L-,
Print Name
Page 15 of 18
General Service Agreement Non-Solicitation
2024 ver.1]
GAO
Page 3465 of 6355
Exhibit A
Scope of Services
1following this page (pages
1
through
1 )
this exhibit is not applicable
Page 16 of 18
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Page 3466 of 6355
EXHIBIT A
SCOPE OF SERVICES
Contractor agrees to provide process mixers, submersible pumps, grit and internal recycling dry
pit submersible sumps, repair and replacement parts, and services for uninterrupted pumping
capability throughout the utility system at the established rates and fees outlined in Exhibit B Fee
Schedule of this Agreement.
Shipping charges shall be paid at cost with documentation provided with invoice.
Page 1 of 1
Exhibit A—Scope of Services
GAO
Page 3467 of 6355
Exhibit B
Fee Schedule
W following this page (pages
1
through
1 )
this exhibit is not applicable
Page 17 of 18
General Service Agreement Non-Solicitation
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tcpO
Page 3468 of 6355
EXHIBIT B — FEE SCHEDULE
Item Description Percent Mark-Down
from MSRP
1 Flygt Pumps 10%
2 Flygt Parts 10%
Item Services UOM
3 Labor Rate for Repairs 126.00/hourly
4 Environmental Fee 1 to 10 Hp 49.50/each
5 Environmental Fee 11 to 50 Hp 81.00/each
6 Environmental Fee Greater than 106.00/each
51 Hp
Item Services Percent Mark-Down
from MSRP
7 Flange Drilling Services 10%
GAO
Page 3469 of 6355
Other Exhibit/Attachment
Description:
Addendum #1 to Collier County Purchase Order Terms and Conditions
n following this page (pages through
this exhibit is not applicable
Page 18 of 18
General Service Agreement Non-Solicitation
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Page 3470 of 6355
Docusign Envelope ID:9333033F-C84F-4759-AEC3-B03F9DBA4C51
AGREEMENT 24-029-NS
ADDENDUM # 1 TO COLLIER COUNTY'S PURCHASE ORDER TERMS AND
CONDITIONS
The following changes to the above referenced Collier County Purchase Order Terms and Conditions have been
mutually agreed to by Xylem Water Solutions U.S.A.,Inc., 14125 South Bridge Circle,Charlotte,NC 28273 and
the Collier County Board of County Commissioners. This addendum shall only be effective as to the
County's standard Purchase Order Terms and Conditions Reviewed 08/10/23.
The additions are shown herein by underlining; deletions are shown by strikcthr h .
ADD:
SECTION 20.
COUNTY and VENDOR waive against each other,and against the other's officers,directors,members,partners,
and employees any and all claims for or entitlement to special, incidental, indirect, punitive, or consequential
damages, loss of use, loss of profits and revenue,and loss of reputation arising out of,resulting from, or related to
the Contract. Further, with the exception of VENDOR'S indemnity obligations under Article 10, the parties
agree that the total liability of each party to the other for claims, costs, losses, and damages arising from this
Contract shall be limited to the amount established in the Agreement as the Contract Price. The foregoing cap
on liability does not apply to or limit any claim by either party against the other based on the following:(a)costs,
losses, or damages asserted by third parties for destruction of tangible property, bodily injury, sickness, disease,
or death or(b) gross negligence or willful misconduct.
Collier County's liability is subject to the limits of Section 768.28, Fla. Stat.
ATTEES,T:, BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Crystal K.,Kinztj, Clerk of the Circuit
Court and Comptroller
By: RA,P--
ky signature only Chris 1, Chairman
Dated: b
SEAL)
Contractor's Witnesses: Xylem Water Solutions U.S.A., Inc.
DocuSigned by: Docu5igoed by:
ClaiSfOrLr Sfuvav{- By f dtr4 PawrAni
Contractor's First Witness
Ri chaignaor tgrazzi
Christopher Stewart
TType/print signature and titleT
TType/print witness nameT
noocuSIgned by:
SUStUA, 154toln,
Cosan Bntractou r'son
Second Witness
u
TType/print witness nameT
roved a o a L ality:
A)
Scott R.Teach, Deputy County Attorney
Page 3471 of 6355
WAIVER REQUEST FORM
Revised 10/01/2024
Page 1 of 4
Instructions: The Procurement Ordinance, 17-DVDPHQGHG6HFWLRQ(OHYHQ3URFXUHPHQW0HWKRGVGH¿QHVVLQJOHDQGVROH
source. Complete this form for purchases greater than $3,000 and provide the supporting documentation to the Procurement Services
Division. Waiver requests greater than $50,000 will require approval by the Board of County Commissioners. Complete all sections of
this form prior to submitting it to Procurement.
Definitions:
x Single source refers to a procurement directed to one source because of standardization, warranty, or other factors, even
though other competitive sources may be available.
x Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be
based on lack of competition, proprietary technology, copyright, warranty, or a supplier’s unique capability.
Disclaimer: Waivers are not active until the Procurement Director approves the request or the requested start date, whichever is
later. Waivers that require review by the Board of County Commissioners are not valid until Board approval is received. No purchase
order requests will be processed until formal approval has been received.
Submit Waiver requests to Procurement Services via the Jira Ticketing System.
SECTION ONE
Division: Requested Not-to-Exceed Expenditure Per FY:
Vendor Corporate Name: Summary of Item(s)/Service(s):
SECTION TWO
Sole Source Single Source One-Time Purchase Multiple Purchases
SECTION THREE
Detailed Description of Purchase. Enter a description of the item(s) that will be purchased under this waiver.
Detailed Public Purpose. Include why this purchase is essential to County operations.
SECTION FOUR
Information Technology. Select Yes if the products/services are related to Information Technology. If yes, provide the
Purchasing Compliance Code (PCC) number or email approval from IT.
Yes No
If yes, provide the PCC number:
PUD - Wastewater $2,360,000.00
Xylem Water Solutions U.S.A., Inc.
Xylem mixers, pumps and related equipment, products, and services
✔
Process Mixers, Submersible Pumps, Grit and Internal Recycling Dry Pit Submersible Pumps,
Repair/Replacement Parts, and services for uninterrupted pumping capability throughout the utility
system.
The Xylem brand pumps used throughout the County utility system received Board approved
Standardization in 2018. To maintain warranty and proper functioning of the units, Xylem mixers are
used. Uninterrupted pumping capability is required to remain in regulatory and operational compliance
with Florida Administrative Code (FAC) chapter 62-600 (Domestic Wastewater Facilities), chapter 62-610
(Reuse of Reclaimed Water and Land Application), and 62-555 (Permitting, Construction, Operation, and
Maintenance of Public Water Systems), as well as other local, State, and federal rules and regulations.
Additionally, Xylem's Flygt brand is included in the County Approved Products List (Appendix F) in the
Board Approved Collier County Water-Sewer District Utility Standards Manual under Ordinance 2018-36
(BCC meeting July 10, 2018, items 17.D and 17.E).
✔
✔
Page 3472 of 6355
WAIVER REQUEST FORM Revised 10/01/2024
Page 2 of 4
SECTION FIVE
Justification. Identify the criteria that qualifies this purchase as a sole or single source. Check all that apply (if a box is
checked, make sure to provide an explanation below):
x Sole Source
o Only Authorized Vendor of 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.
o No Comparable Product or Service. Is there another vendor who can provide a similar product/service,
regardless of cost, convenience, timeliness, etc.?
o 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.
o 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.
x Single Source
o Standardization. Is this product/service part of a purchase that the County has already standardized on?
If yes, please provide detailed information below.
Date of BCC Standardization: BCC Agenda Item #:
o 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.
o 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.
o Other Factors. Any other reason not listed above. Explain below.
Explain. How does this purchase meet the identified sole or single source criteria checked above?
How was the decision made to use this vendor? Describe in detail if a formal standardization process was performed
via Procurement or if there is a historical precedence established for the use of the product, please explain purchase, and
use history and the current level of County investment in the product.
7/10/2018 17D
7/10/2018 Board Approved Standardization, Agenda 17D
Xylem Water Solutions U.S.A, Inc. is the only authorized vendor Xylem brand equipment and
authorized service repair and warranty organization in the State of Florida. Xylem staff are properly
trained to provide original equipment spare parts and repair & warranty services.
Additionally, Xylem's Flygt brand is included in the County Approved Products List (Appendix F) in
the Board Approved Collier County Water-Sewer District Utility Standards Manual under Ordinance
2018-36 (BCC meeting July 10, 2018, items 17.D and 17.E).
In 2018 the Board approved standardizing the Xylem pumps. The County has spent approximately
one million dollars annually in the Xylem products since 2019. Xylem does not authorize any other
dealers.
Additionally, Xylem's Flygt brand is included in the County Approved Products List (Appendix F) in
the Board Approved Collier County Water-Sewer District Utility Standards Manual under Ordinance
2018-36 (BCC meeting July 10, 2018, items 17.D and 17.E).
✔
✔
✔
Page 3473 of 6355
WAIVER REQUEST FORM Revised 10/01/2024
Page 3 of 4
Explain why it is in the County’s best interest to use this product/service rather than issuing a competitive
solicitation. :KDW DUH WKH EHQH¿WV IURP WKH FRQWLQXHG XVH" $UH WKHUH FRVWV WKDW ZRXOG EH LQFXUUHG LI D GL௺HUHQW
vendor/product was used? What would occur if another brand/vendor was used?
Explain how the pricing compares to other vendors/products and is it considered to be fair and reasonable.
Provide information of 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.
Will this purchase obligate the County to future ancillary products or services, either in terms of maintenance or
standardization?
Yes No If yes, explain what types.
Does this purchase require the County to accept terms and conditions, including those contained in hyperlinks?
Yes No If yes, attach documentation.
Market research and market alternatives. When was the last time a market evaluation was performed to determine if
HLWKHUWKHWHFKQRORJ\RUYHQGRUR௺HULQJVKDYHFKDQJHG"%DVHGRQWKHOLIHH[SHFWDQF\RIWKHSURGXFWZKHQGR\RX
anticipate evaluating the market again? $WWDFKDGHWDLOHGPDUNHWHYDOXDWLRQUHSRUWLIWKHFRPSOH[LW\GXUDWLRQDQGGROODU
amount of the purchase will be a high risk to the County.
The Xylem products have been proven and standardized. It would cost the County millions of dollars
today to replace the equipment in design changes, installation, training and possible failure of a
different brand, threatening public safety. The performance and reliability of this equipment has been
at or above industry standards.
The County has spent over $8 million dollars in Xylem products. It would cost the County millions of
dollars today to replace the equipment in design changes, installation, training and possible failure of
a different brand, threatening public safety. The performance and reliability of this equipment has
been at or above industry standards. Additionally, Xylem's Flygt brand is included in the County
Approved Products List (Appendix F) in the Board Approved Collier County Water-Sewer District
Utility Standards Manual under Ordinance 2018-36 (BCC meeting July 10, 2018, items 17.D and
17.E).
Replacement parts, equipment, maintenance items and services.
✔
This is a standard equipment/supply that was approved by the CCWSD and responsive to the
growth and R&R based on leading indicators (not lagging) and switching vendors within short time
frame is not prudent and the potential risk of health and safety if an unproven product would fail.
Page 3474 of 6355
WAIVER REQUEST FORM Revised 10/01/2024
Page 4 of 4
SECTION SIX
It is a felony to knowingly circumvent a competitive process for commodities or services by fraudulently
specifying sole source. Florida Statute 838.22(2).
Requester: Signature:
Division Director: Signature:
Department Head (Required if over $50,000): Signature:
Procurement Director or Designee: Signature:
PROCUREMENT USE ONLY
Estimated Expenditure Per FY:
Additional Commentary:
P-Card PO
Attachments:
Sole/Single Source Letter
Designation
Approved Date Range
Start Date:
End Date:
Contract #:
Contract Not Applicable
Waiver #:
Contingent Upon Board Approval:
Yes No
Agenda #:
Approval Date:
Donna Deeter
Robert Von Holle
George Yilmaz
Sandra Srnka
$2,360,000
✔
Originally approved 8/13/2024 item 16.C.9 for a NTE
expenditure of $1.5M per FY.
This request is to increase the NTE expenditure to
$2,360,000 per FY.
✔
✔
24-029-NS
9/30/2029 25-023-WV
✔
DeeterDonna
Digitally signed by
DeeterDonna
Date: 2025.02.06 13:28:44
-05'00'
VonHolleRobe
rt
Digitally signed by
VonHolleRobert
Date: 2025.02.12 09:28:50
-05'00'
YilmazGeorg
e
Digitally signed by
YilmazGeorge
Date: 2025.02.12
12:18:48 -05'00'Sandra
Srnka
Digitally signed by Sandra
Srnka
Date: 2025.02.14
15:40:52 -05'00'
Page 3475 of 6355