#20-040-NS (Ferguson Enterprises, LLC) SECOND AMENDMENT TO AGREEMENT#20-040-NS
FOR METERS
THIS AMENDMENT, made and entered into on this I Q day of Aogvsi•
2025, by and between Ferguson Enterprises, LLC d/b/a Sunstate Meter & Supply, Inc. (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or
"Owner") (collectively, the"Parties"):
{
WHEREAS, on September 22, 2020 (Agenda Item No. 16.C.3), the County entered into
Agreement No. 20-040-NS "Large Meters" (the "Agreement") with Sunstate Meter & Supply, Inc. to
continue access to Neptune meters and components to maintain compatibility with the existing water
distribution system; and
WHEREAS, on February 8, 2022 (Agenda Item No. 16.E.1), the County approved an
Assumption Agreement assigning all rights,duties and benefits,and obligations under the Agreement to
Ferguson Enterprises,LLC d/b/a Sunstate Meter& Supply;and
WHEREAS, on June 13, 2023 (Agenda Item No. 16.C.4.) the County approved a First
Amendment to the Agreement to revise the Exhibit B Fee Schedule to reflect updated pricing, replace
obsolete meters with MACH 10 Ultrasonic meters, and renew the agreement for one additional year as
allowed under Section 1. Agreement Term; and
WHEREAS, the Parties desire to further amend the Agreement to: (1) revise the contract's
title to"Meters"instead of"Large Meters,"(2)incorporate additional items to the current Exhibit B.Fee
Schedule, and (3)extend the Agreement for an additional five years as a sole source vendor.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
1. The above recitals are hereby incorporated into this Second Amendment as if fully set forth
herein.
2. The title of the Agreement is revised to read"Meters"instead of"Large Meters.
3. The attached list of additional items shall be included as part of the existing Exhibit B 1 Fee
Schedule and shall become effective upon execution of this Second Amendment.
4. The term of the Agreement as amended herein shall be effective as of September 22, 2025, and
is extended continuing for five years through and including September 21, 2030.
5. All other terms and conditions of the Agreement, as previously amended, shall remain the same.
Page 1 of 3
Second Amendment to Agreement#20-040-NS
IN WITNESS WHEREOF,the Parties have executed this Second Amendment on the date and year
first written above by an authorized person or agent.
ATTEST:
Ciystal K. Kinzel, Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS
Court and Comptroller COLLIER COUNTY, FLORIDA
By: By: . �/�"
urt L. Saunders, Chairman
Dated:
(SEAL) 4s..taCjt a
d.V .sfg,na#ure oily
rov d as to For n Legality:
4ft, L
R. Tea h, Deputy County Attorney
Page 2 of 3
Second Amendment to Agreement#20-040-NS
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CONTRACTOR:
Ferguson Enterprises, LLC
d/b/a Sunstate Meter& Supply, Inc.
By: •,' ",1".
Signature
Mikes ActAc,..S GT24rg _i1,104-NA
tType/print signature and titlefi
,5 t- 201 202-6—
Date
Page 3 of 3
Second Amendment to Agreement#20-040-NS
PS
Waterworks
Meter &Automation Group
20-040-NS - Fee Schedule - 2025
Part Number Description 2025 Price
EP7C1RPHG21S1694 4 HPP3 SS P/C USG W/ NICOR $ 12,194.22
EP7D1RPHG21S1694 6 HPP3 SS P/C USG W/ NICOR $ 19,882.47
EP7E1RPHG21S1694 8 HPP3 SS P/C USG W/NICOR $ 25,670.07
NEP7F1RPHG21S1694 10 HPP3 SS P/C USG WI NICOR $ 29,793.31
NEU3A1G1S1694 3" MACH 10, 12" LENGTH USG $ 3,379.68
NEU3B1G1S1694 3" MACH 10, 17" LENGTH USG $ 3,469.57
NEU3C1G1S1694 4" MACH 10, 14" LENGTH USG $ 4,332.57
NEU3D1G1S1694 4" MACH 10, 20" LENGTH USG $ 4,449.87
NEU3E1G1S1694 6" MACH 10, 18" LENGTH USG $ 7,377.06
NEU3F1G1S1694 6" MACH 10, 24" LENGTH USG $ 7,558.56
NEU4A1G1S1694 8" MACH 10, 20" LENGTH USG $ 12,748.03
NEU4B1G1S1694 10" MACH 10, 26" LENGTH USG $ 15,916.37
NEU4C1G1S1694 12" MACH 10, 19.7" LENGTH USG $ 18,541.19
ED2C21RPHG21SG61 3/4 T10 P/C USG W/ ITRON CON $ 253.89
ED2F21RPHG21SG61 1 T10 P/C USG WI ITRON CON $ 357.00
ED2H11RPHG21SG61 1 1/2 T10 P/C USG WI ITRON CON $ 711.87
ED2J11RPHG21SG61 2 T10 P/C USG W/ITRON CON $ 917.18
Price Increase:
The County shall be given thirty(30)day notice,in writing,of price increases with justification,such as supplier notifications of price
increase or Market increases based on the Consumer Price Index for all Urban Consumers(CPI-U)as published by the U.S.Bureau of
Labor Statistics.Price increase shall not exceed the 12-month CPI-Li. Price increase requests are not guaranteed.and requests review may
take over sixty(60)days to complete.The Contractor shall continue to fill all purchase orders received at the current agreement prices
during the review process.
The County reserves the right to accept or reject the request for a price increase.Any approved price increases shall become effective as of
the anniversary date or upon Procurement Director:Board approval and execution of an amendment to Exhibit B--- Fee Schedule.
Retroactive price adjustments are not authorized.
The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance,as amended.
Price decreases shall also be passed on to the County's Contract Representative and do not require verification. Decreases become effectiv
upon execution of an amendment.
Tariff Reimbursement:
The County will only reimburse the Contractor for tariffs directly applicable to the goods or materials provided when such costs are
unavoidable.No mark-up is allowed on tariffs.To be eligible for reimbursement,the Contractor shall provide:
•Identify a not-to-exceed amount on the quote identifying the specific goods or materials subject to the tariff
•Copies of official tariff-notifications or announcements issued by the relevant government authorities serving as verification that new tariffs
have been implemented and are affecting costs, including commercial invoice,bill of lading/shipping document,other equivalent
customs documentation.
•If applicable. the Contractor must submit written documentation from suppliers indicating the new prices and explicitly stating that the
increase/decrease is due to tariffs.Acceptable forms of documentation include letters,emails,or formal notices from suppliers.
•The Contractor is required to submit recent invoices and receipts that clearly show the increased/decreased costs. The dates and amounts
on these documents must reflect the impact of the tariff-related price increases/decreases.
EXHIBIT
61
AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a
nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an
affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the
nongovernmental entity does not use coercion for labor or services.
Effective January 1,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of per jury attesting that the entity does not meet
any of the following criteria: (a)the entity is owned by the government of a foreign.country of concern; (b)the government of a
foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal
place of business in a foreign country of concern.
Effective July 1,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access
to an individual's personal identifying information, the entity must provide the governmental entity with an affidavit signed by an
officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs
(2)(a)-(c),§287.138,Florida Statutes.
Nongovernmental Entity's Name: Ferguson Enterprises, LLC
Address: 3801 Prospect Ave, Naples, FL 34104
Phone Number: 239-643-4970
Authorized Representative's Name: Mark McFalls
Authorized Representative's Title: General Manager
Email Address: mark.mcfalls@ferguson.com
I, Mark McFalls (Name of Authorized Representative), as authorized representative attest under
penalty of perjury that Ferguson Enterprises, LLC (Name of Nongovernmental Entity) does not: (1) use
coercion for labor or services as defined in§787.06,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by
a government of a foreign country of concern,(b)that a foreign country of concern does not have a controlling interest in the
entity,and(c) that the entity is not organized under the laws of or has its principal place of business in a foreign country of
concern,all as prohibited under§287.138,Florida Statutes.
Under penalty of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
July 31st,2025
(Signature of authorized representative) Date
STATE OF Florida
COUNTY OF Lee
•
Sworn to(or affirmed)and subscribed before me,by means of II physical presence or❑online notarization this
31 day of July ,2026 ,by Mark McFalls (Name of Affiant),who produced his Florida Driver's License as
iden3ficatior
("Lvf
Notary Public • LEE A.POWELL
Notary Public
I'_ 2-f �t ,-,� f ;�t,�a�� State of Florida
YVL- Y . Commit HH343489
Commission Expires •10. Expires 12/21/2026
Personally Known R Produced Identification❑
Type of Identification Produced: NIA
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