The URL can be used to link to this page

Agenda 03/10/2026 Item #16C 1 (Amendment No. 1 to Agreement No. 24-059-NS with Komline-Sanderson Corporation, for Komline-Sanderson Belt Press Equipment, Parts and Services)3/10/2026 Item # 16.C.1 ID# 2026-329 Executive Summary Recommendation that the Board of County Commissioners, as the ex officio Governing Board of the Collier County Water -Sewer District, approve Amendment No. 1 to Agreement No. 24-059-NS with Komline-Sanderson Corporation, for Komline-Sanderson Belt Press Equipment, Parts and Services, and authorize the Chair to sign the attached Amendment. OBJECTIVE: The public purpose is to maintain wastewater infrastructure and effectively meet the needs of the community. This action is to approve four one-year renewal options and approve an increase to the Fee Schedule. CONSIDERATIONS: Komline is the original equipment manufacturer for the installed belt press dewatering equipment, which uses patented plow mixing technology. The County has spent over $8,000,000 in the past 20 years on Komline belt press dewatering equipment that was installed when the plants were built. The belt press equipment is used for dewatering of sludge at the NCWRF and the SCWRF. This equipment is critical to the treatment process and is required to allow for waste sludge disposal from the treatment plants and to meet FDEP permitting requirements at these facilities. On March 25, 2025 (Agenda Item 16.C.2), the Board approved Agreement No. 24-059-NS under a sole source waiver with Komline-Sanderson Corporation for one year per the vendor's request, at that time. The vendor is now willing to allow annual renewals of the Agreement. On March 25, 2025 (Agenda Item 17.G), the Board approved a Resolution amending the Collier County Utilities Standards and Procedures Ordinance and the Collier County Water -Sewer District Utilities Standards Manual, which included the updated Appendix F, Collier County Public Utilities Department, County Approved Product List All System. The proprietary Komline-Sanderson products and services are included in the updated Appendix F. This item is consistent with the Collier County strategic plan objective to maintain public infrastructure and facilities to effectively, efficiently, and sustainably meet the needs of our community. It further is 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: The source of funding is the Collier County Water -Sewer Operating Fund (4008) and Wastewater User Fee Capital Project Fund (4014). GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires a majority vote for approval. -JAK RECOMMENDATION(S): Recommendation that the Board of County Commissioners, as the ex officio Governing Board of the Collier County Water -Sewer District, approve Amendment No. 1 to Agreement No. 24-059-NS with Komline-Sanderson Corporation, for Komline-Sanderson Belt Press Equipment, Parts and Services, and authorize the Chair to sign the attached Amendment. PREPARED BY: Robert Von Holle, Director, Wastewater Division ATTACHMENTS: 24-059-NS-WV Komline-Sanderson Contract FE 24-059-NS Exhibit B - Fee Schedule 25-030-W V_Komline-Sanderson_FE 24-059-NS Komline First Amendment VS(6081629-a5df-41fl-06-81lf894029db)_2-12-26 3/10/2026 Item # 16.C.1 ID# 2026-329 16cz GENERAL SERVICE AGREEMENT (NON -SOLICITATION) # 24-059-NS for KOMLINE-SANDERSON BELT PRESS EQUIPMENT, PARTS, AND SERVICES THIS AGREEMENT, made and entered into on this �"� day of a",(A% 20A-s , by and between Komline-Sanderson Corporation, authorized to do business in the State of Florida , authorized to do business in the State of Florida, whose business address is 12 Holland Ave, Peapack, New Jersey 07977 (the "Contractor" also referred to as "Supplier") and Collier County, a political subdivision of the State of Florida, (the "County"). (Anv reference to "contractor" In this Agreement shall for the purposes of this Aoreement be interpreted as "supplier" when referring to Komline-Sanderson Corporation.) WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one ( 1 ) year period, commencing Q upon the date of Board approval; or ❑ on and terminating on one ( 1 ) 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. T-be-G un��'✓�tjy n�� y,.. -#Alfee+n-its- issre#i�r ,p s; tla--ff -s setat-iaf-t�t;�a rr a^ � !�,_ yrpearr�:j-t�h�9 """"' der -all ^'�' -Cf1G lt.-1 ITI�I -Ul'1 1'V�il'15�t1Yi'�%'{ CrVTTC-i iT"L®�Vf' r ;► ems#-tli 9I -q:m iar-� + fades all e-the-'&IR49-a,9d-e�wd t+sus-eee#eit�ed-i s�4�r��r�t,{e�s,rt�a I, Qd igy-�1 goer-k>iae� efiall-ga�� the-6f��aste,� written netiee-ef4he-Ge '' a x-tePA-their test-t"fa�-p; COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon acceptance of X Purchase Order ❑t4p>�Plreeeed by the Contractor. 3. STATEMENT OF WORK. The Contractor shall provide services/products in accordance with the terms and conditions of this Agreement, ❑■ Exhibit A - Scope of Services, attached to this Agreement 0 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 0 Single/Sole Source Waiver, ❑,�atic�otrt;e Gorl;Neti#we I�reecyss Page L of 18 General Service Agreement Non -Solicitation *Modified Section 2[2024_ver.2] C'A0 16C2 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. 4. THE AGREEMENT SUM. ❑ ;1�.+-�s�:a#��a�r-the- '� ,sta; fer-'tee-pgerxr,Wrss•.3f t!�is-Agreeeased-ors E�,�B�f*-�a-fee-Ssthe��al2; aYtaetieci-h�retc--and-the-prlee-w�aethodelsyy-ae-defih�ec-4-lr► Seet;srt-4.1 y,me-r, vAq-be-Dade ;Spam-,eeiipt-ef-a-prope-F4WGice-arp-upon,-app ! by-tbe-6o�r�t�er�ast-P,dr-r�ia istr-at�se-Avert/l�reject-Me�ge�-ar-�d-it-�,em p! iurae-�a4it,� 6�apte�-1 R�la-��#�etf,Qervi6g-kracwn-aas-t#�"l=s6al--�ev��nrr,Qrt-P-rct�pt-R��,�rn.;a# ,4s!� ❑■ The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of up to Two Hundred Thousand Dollars ($ 200,000 ), 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". 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. e Geunty shall pay the ❑-fer-fie-, er�c :his-Agre atr�t-ef ¢4, r-C�atf,�y-fusel-yQa�baesd�e-�Inite�er-vice--s-tt�^r.;�e��aet te-tie-fisted-p�aeed-sffered�,F-�as-G^ ^ Q-��x eedmlayLirt vest; tisad� apart e8iPFepeFparp,v u,l�e-Cetta#y��.��--S♦sty4istative Ag,— eje-I- iViE744"��., tRrpl;G%s€-ire it raic� , .IC��ri'c i-�5.,�44iG,�"birv, ae4ke L'L^ a;-Gavebeat-:)+empt-Rayment-Aet". 4.1 Price Methodology (as selected below): ❑ �e asap-Salt-EF+,d-wise}-A-fr fixed-tcta , ;: cap a -priest t;�eciss-iwe t�fse��y�la��,a-aaa;�aot�ar��as�t�i , a -hou; ly aims-,gce sted-rz ►ar, the-sontraotar-- .yet- efferwt-ts -tlie s��fastlsa�sf-t,��aW�tt;f'€�ra jae+�rn^��a��.,�rtt-fE f-tke-€i.:od�xs�se-oc�ttos: j&-at tseriiz d. Page 2 of 18 General Service Agreement Non -Solicitation [2024_vcr.2] €."1\0 16C2 R 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. FNI 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 Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard -size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Page 3 of 18 General Service Agreement Non -Solicitation [2024_ver.2] CAA 16C2 Parking I Actual cost of parking Taxi or Airport Limousine I Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Komline-Sanderson Address: 12 Holland Ave Peapack, New Jersey 07977 Authorized Agent: Fitsum Tesfaye Attention Name & Title: With a copy to: info@komline.com Telephone: (908) 234-1000 E-Mail(s): fatesfaye@komline.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: Matt McLean Division Name: PUD - Engineering and Project Management Address: 3299 Tamiami Trail E Naples FL 34112 Administrative Agent/PM: Wayne Karlovich Telephone: (239) 252-5372 E-Mail(s): wayne.karlovich@colliercountyfl.gov Page 4 of 18 General Service Agreement Non -Solicitation [2024_ver.2] CA.o 16CV2 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. 11 eE rtlpliene2��tt"-Se��t;st,-13 ��;Irpermits �;Aeassa�.-,� r-t��-��s�€�t-t�E�Alorlll��lrtai„e�y-tn.Q--Go r�#rast��T-I ,a-Got�tt� will-n:,t be-ol ligated-to-pay-fcr-arty-pet rnft&-obtaieed-by-&ubeentr-actors- -Payment-1.1b"a keue"L-r+nits-isaued-by- 8-Gouty-shall-be-prec-e&sed-internally-by-t"e Gee nly. All P, Fy-fef the-proseeution-of- he-Wer,-c--el3al!°i�-- ur pta;d-€s�a�;ft$a 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. 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. Page 5 of 18 General Service Agreement Non -Solicitation [2024__ver.2] CAD 16 v2 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. ❑o 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. W 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. i1❑ 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. D. ❑ adl�e i ed-t}y-tk��stsHe e„swFe its;eo tfiab:lit�t--fer-elae eAFFflanee-of pfefe i Agf eemeM-4oMwAe ies-it fi. rese��es -a Test-oeua �Iseeas-�owc this-in&umn-e=&uel:: insuf nee ;h.. l"l'rrwli E)f le-e-a t raR Q eaell eiti�N-la cad e - ❑e ge�ktal! I�a;ai►�irts 6imits a ~er-elaitn- rr ❑ - - l6evQs a{l �awir�iaae�-li�o-ts-af�- per -slam- v"_- ,i��i", WAll�ails 0 rp aim- -H.- ❑ 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. Page 6 of 18 General Service Agreement Non -Solicitation [2024_ver.2] 16C2 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 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. Page 7 of 18 General Service Agreement Non -Solicitation [2024 ver.2J CAO 16C2 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: ❑ 0 Insurance Certificate(s), 0 Exhibit A Scope of Services, W Exhibit B Fee Schedule, W subsequent quotes, and [M Other Exhibit/Attachment: Grant Provisions and Affidavit Regarding Labor and Services 17. APPLICABILITY. Sections corresponding to any checked box (0) 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 14 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: PublieRecordRequestP-colliercountyfl.gov Page 8 of 18 General Service Agreement Non -Solicitation [2024_ver.2] 1bC2 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, ewbs "efft4i dis �seredd eerie .The County+may-n��tlgy4he-whete-e+�-ae-y pa,�f-�; fal-f may withhold any payments otherwise due to Contractor under this Agreement etheF Agreement zdtras'e�, 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 Page 9 of 18 General Service Agreement Non -Solicitation *Modified Section 22 (2024_ver.2) l(,A( ) 16C2 within the Contract Time; or (f) t:n�^isfaGtc,y-;,saufitrrt"e-�QFed',-tk e Gsr,tr-asters: (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 C�:a,,:�eama�+feet-aga�st-e-,:.r§-uae-Ga�tr-aster--ttie�mssa•s;: af`any-:ige::;uuted ar-�r liq ri«att -a;y;i stiaae�f� r etar-t�-the Gse'b2r-relating-4a-or ar siag-otirt of this-•Agf-eerneni- ,-z,+ -e# aer-,4greerraent-b ^�ontr cter- e:�d--the-Gsu sty If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark -Lip 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. ❑ OI�,�`,�`'.-�' g:st®�-te-lip-t,h2-4�rsj2Gt-eite- e;lei-aT-all traps-ai deNr;e7-rtbbish-and-waste--ate+ia4s-afisiPg- ut-"—e-AAlerk-.--At-the-soR+plet;eA--o€ the-Werfc; ontraeter shall FerA&ve-a4l-debfi&,-r-ubbi, and-waste-matefia4&4F8Fn and abode--Rr-*et-site as -well -as all-te�ls�-aoplianaesattrastie,a�s�;;pr,eatnd maehi+per-y-and-•sufp[u tefials,-end--I:-alNeave-the-P+ejeet-sste-sleaf:� 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. On WARRANTY. Contractor warrants that the material and workmanship going into the Contractor's Product is of good quality and in conformity with the best commercial practice. Unless otherwise stated parts found to be defective in material or workmanship under normal use and service within 90 days one year after shipment installation will be repaired or replaced without charge F.O.B. original point of shipment, the responsibility of Contractor being limited to the cost of the defective parts. Decomposition by chemical action and wear caused by the presence of abrasive materials shall not constitute defects. In no event shall Contractor be liable for consequential or special damages, or for transportation, installation, adjustment, or other expenses which may arise in connection with such replacement or repair. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS. Equipment may be returned for credit or replacement only after written Contractor authorization and shipping instructions. 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. Page 10 of 18 General Service Agreement Non -Solicitation *Ivlodified Section 25[2024 ver.2] � "'A0 16C2 26. TES-T--M:D-[RLSPZ-f.'TlO ----If-ihe-GentFart-Derum- Qr�#�er Syr sg�'e -laves cis�iaaaae.�r-t�;es-cr-t�r��iotie-ef-ar�y-ptralie��ttier-i�-Zvi{ig je-�isdsetien-.:ever--the P+oje6t Fega;,es a„y-pe ti -a#--floe-aAls�': e-be-s esi#isa;ty-i;3epeeta�'-tested-ar eT�re�sed;-6:;s�fr�s#er-shell-asstrta�e-ftt�4--resper-ls+bilify-#Mere€sire;-Ney-all--eeste--;e eeeaeetie� k�e .path -a -fta�, h-te-fhe-Gse *y-tre-reffHi c -� ieafes of i90 &pe6-fieri; tesfirrg-Gr--appmva3--M4 4nspeefiors, tests 9F affpFevve4s-shale-per-forme-in---e �-aensr-�rnd-�*,;�-,,, ��t�att� s-assep#a l3le-te-t#ae-Se 27. ❑ 4-,GTt=ram-lQK A-.--Gas1aeter-sha114illy-p,Feteet-ffae-lA1G*,4eR4-aess-er-dafnageand-shall a +-a,-��e-eesf s#-sray-staeh-lees-o,�a affe-art t-fiat-pa e rt-hash^�R=made. if GentFac ef-e,, enycne��-evh®tom-•Gsr�t�aster-is-IQ9a{ly--fiatate-is-�espensiblt?-fo�a�rq�less-e�e�aya te-�h'�e•-!�%�r-a�fp��,yst�'c-sr-raale�td�e-Get-sty-®��epa�ate ss�t.�ast�r•��;ets�taall�e-sta�u-v:=itt�-thQ-sz�ae;-a•r�d-an-},-r�at�iaeessws y ta�ept�c-s�seh-lie°er�>n�-he--�te�eted-€yore-any-•a,�lsaafs--�s�-t® Gaaratfaster: �--E 9t et Batt-fiAi�-IEaE '9F�e{ti'Prrt�t-e{rahY-6tMGtWFe-to be-leaded4rref'rjf Cil'a#35Rt-t`�it, kAJor*,-er-tad;,aee"eperty-te-5treeees-e"reasof s4hat wilt-enderagepit- C atat ct�a stoatt-tiet�tst�t�nr�, y-the-Getaa"rith-re&pecA t&414 tfe eet- If�ap.fraet6F k , b ..t+&G...F&,ageta+, - --„p,=for trhaea r i i � ' FaVtFir—rt �eneht��d -Itaht.r�issarr-- t7i.± a'��ii�ty�£+&®FSate-€tier�^:P✓ttYY 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. Page 11 of 18 General Service Agreement Non -Solicitation (2024_ver.2] C.t O 16C2 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. ❑ u. 42&RS0JN%1E4=Th per : nel-�,z; ner:aeot4e-be +,� �r e44o+ this-prejeet sh -b s of expeFtise. T eeety-reserves the ii eFf6ii34-FRvG'Stigti e-�eei l@Ei-ReEGS a �`peiGn peFSeee-w+N a ea4-44h fma+ve-e-ofthe-Age ement. The-Ge►tfaetef-A-all assig es+wawy-peepl� is "n^essa,Fy-#e Hip[e e thc-sefwees sa a tme"asis, and-eaehrpor soy', ass igned-shaf]- i e adequate-ts-meet-the-r-egtifed-sewiee dates,- The GGAtFa6t8F shall net ehange Key enpe l u n s4he4e1IGMn@ ecan"eRs-are taaet�+ P. -pesed-fe-laeeniei}ts- rae-eF-b ali#ieatier,s and!8F expef+ea ih4e- T#e-Gei,t ae#e r aefe lly-reaseaable-effe4s4e-Ret6,Ge4ier-6eaety-14 i#i"nai-appFev ei,t ❑■ 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 servic 35. ❑ORDE-R-Q RR9G-IriENCiE.—;rn +"-tee Rt-9-aey-sar4ltiGt4Pt�:ee�_f ameag4 e approved ExeGuWe SummaFy, the AgFeement shall take . Page 12 of 18 General Service Agreement Non -Solicitation Modified Section 35[2024_ver.2] CAO 16C2 ■ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the Agreement and other Supplier provided documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence except the terms of any Supplemental Conditions (FEMA Packet - Exhibit C") shall take precedence over the Agreement. To the extent any conflict in the terms of the Agreement and other Supplier provided documents and/or the County's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by negotiation and mutual decision signed by both parties so long as it doesn't conflict with any Grant requirements. 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(aDcolliercountyfl.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 Sheriffs 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 General Service Agreement Non -Solicitation Modified Section 35 [2024_ver.2] CAO 16�2 38. 0 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 General Service Agreement Non -Solicitation [2024ver.2] C.Ac) 16C2 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By:�� '^ st as to Chairman's Dated: �`i ' , 2`� signature only (SEAL) Contractor's Witnesses: Contractor's First Wi ess lit I A PP 4 Type/print witness nal'ne Contrac or's econd Witness S C o-�4- t! Ctrd - I TType/print witness nameT ed to d Legality: County Attorney rint Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:Aoe�•A 01142 euL. aunders , Chairman Komline-Sanderson Corporation Contractor 0 4 nature .1,i I // ":L. A TType/print signature and Page 15 of 18 F General Service Agreement Non -Solicitation [2024_ver.2] 16C2 Exhibit A Scope of Services 0■ following this page (pages 1 through ❑ this exhibit is not applicable Page 16 of 18 General Service Agreement Non -Solicitation [2024_ver.2] 16C2 - AGREEMENT No. 25-059-NS Exhibit A Scope of Services Contractor shall provide equipment, parts and services of the Komline-Sanderson Belt Filter Press dewatering equipment from Komline-Sanderson. Services include, without limitation, installation, start-up and testing, preventative maintenance, troubleshooting, repairs, and installation of new equipment and repair/replacement parts, and training as necessary. Equipment, parts, and services shall be furnished upon request by the County through a purchase order and responded to according to the County's determination of urgency for the request. Parts, labor rates, and applicable markups shall be in accordance with the Fee Schedule. Hourly labor rates shall be inclusive of all overhead, insurance, profit, and use of company owned equipment (excluding rental equipment). Normal business hours shall be 7:00am to 4:00 pm, Monday through Friday, excluding County - observed holidays. Overtime hourly rates shall be limited to County requests for service initiated outside of the normal business hours (anything over eight hours a day) or in the event of a declared local state of emergency. Vendor shall be paid in accordance with the fee schedule overtime rate. Overtime charges must be approved by the County. Should the Vendor need to hire a subcontractor, the subcontractor charges may be invoiced at cost plus 10% markup. A copy of the subcontractor's invoice shall be required with the Vendor's invoice. The subcontractor's hourly rate may not exceed the Vendor's hourly rates listed on the fee schedule. Should the Vendor need to rent equipment to complete the project, rental charges may be invoiced at cost plus 10% markup. A copy of the rental receipt showing the cost shall be required with the Vendor's invoice. Ancillary charges may be transferred to the County in the actual amount; however, mark-ups will not be allowed on taxes, freight/shipping, and/or permits. Shipping charges must be identified at the time of providing a quote and shall be paid at cost with documentation provided with invoice. Additional Warranty Clause: GUARANTEE — Komline-Sanderson warrants that the material and workmanship going into the Kornline-Sanderson's Product is of good quality and in conformity with the best commercial practice. Unless otherwise stated parts found to be defective in material or workmanship under normal use and service within 90 days after shipment will be repaired or replaced without charge F.O.B. original point of shipment, the responsibility of Komline-Sanderson being limited to the cost of the defective parts. Decomposition by chemical action and wear caused by the presence of abrasive materials shall not constitute defects. In no event shall Komline-Sanderson be liable for consequential or special damages, or for transportation, installation, adjustment, or other expenses which may arise in connection with such replacement or repair. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS. Equipment may be returned for credit or replacement only after written Komline-Sanderson authorization and shipping instructions. q;.li(;, 16C2 Exhibit B Fee Schedule ❑N following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 17 of 18 General Service Agreement Non -Solicitation [2024ver.2] ibV Agreement No. 25-059-NS Exhibit B Fee Schedule Hourly Rate: $200.00 (Normal hours are Monday through Friday, 7:00 am — 4:00 pm, excluding County observed holidays). Hourly labor rates shall be inclusive of all overhead, insurance, profit, and use of company owned equipment (excluding rental equipment). Overtime Rate: $300.00 (Overtime rate shall apply to hours outside of normal hours or in the event of a declared local state of emergency.) Equipment Rental Markup: 10% (Rental invoice shall be provided as backup documentation.) Subcontractor Markup: 10% (Subcontractor invoice shall be provided as backup documentation.) Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. PARTS LIST Part Number Unit Price 0390209 $ 237.00 0390211 $ 425.00 0390213 $ 299.00 0394025 $ 7.00 03Q0145 $ 720.00 03Q0149 $ 640.00 03Q0151 $ 78.00 03Q0152 $ 83.00 03Q0176 $ 67.00 03Q0181 $ 637.00 03Q0229 $ 189.00 25Q1529 $ 22.00 28R1504 $ 7.00 37A2012 $ 580.00 Part Number Unit Price 37A2017 $ 736.00 37A2018 $ 1,050.00 37A2019 $ 1,180.00 37A2020 $ 206.00 37A2021 $ 808.00 4086 37'-8" $ 1,906.00 4086 47'-1" $ 2,469.00 4086 47'-5" $ 2,286.00 4086 49'-11" $ 1,539.00 4086 51'-7" $ 1,915.00 6391021 $ 152.00 6395832 $ 2,190.00 6395871 $ 3,800.00 90X0207/90K0306 $ 140.00 CAO $6C2 Part Number Unit Price Z0390210/0390255 $ 579.00 Z0394025 $ 157.00 Z03Q0114 $ 222.00 Z03Q0159-2 $ 431.00 Z25Q1529X7-2 $ 225.00 Z43A0917 $ 655.00 Z43Q1005 $ 586.00 Z6391021 2M $ 154.00 Z6395830/90B3034 $ 4,420.00 Z6395859/90B3034 $ 4,040.00 Z90X0207/90K0306 $ 140.00 Z90X0474/90X0475 $ 504.00 CAA 16C2 Description: Other Exhibit/Attachment Federal Provisions & Affidavit Regarding Labor and Services W following this page (pages 1 through 12 ) ❑ this exhibit is not applicable Page 18 of 18 General Service Agreement Non -Solicitation 12024_ver.2) 16C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the County harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 11/24 16C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: 1) The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Buy Clean: The County encourages the use of environmentally friendly construction practices in the performance of this Agreement. In particular, the County encourages that the performance of this agreement Includes considering the use of low -carbon materials which have substantially lower levels of embodied greenhouse -gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products as demonstrated by their environmental product declaration. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The County must obtain written permission from Department of Homeland Security prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. The contractor shall not use the DHS seai(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre - approval. Domestic Preference for Procurements: The Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Build America, Buy America Act (BABAA): FEMA Public Assistance Funding is not subject to Buy America preference pursuant the following guidance: Programs and Definitions: Build America. Buy America Act I FEMA.aov License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data EXHIBIT I - 2 11/24 16C2 EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: a. Are not used as a substantial or essential component of any system; and b. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (3) Reporting requirement. EXHIBIT I - 3 11/24 16C2 EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Providing Good, Safe Job to Workers: Pursuant to FEMA Information Bulletin No. 520, the contractor will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality of work, the contractor commits to strong labor standards and protections for the project workforce by creating an effective plan for ensuring high -quality jobs and complying with federal labor and employment laws. The contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest extent practicable. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Socioeconomic Contracting: The Contractor is encouraged to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure small businesses, minority businesses, women's business enterprises, veteran owned businesses, and labor surplus area firms are considered when possible. Such consideration means: (1) These business types are included on solicitation lists; (2) These business types are solicited whenever they are deemed eligible as potential sources; (3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types; (4) Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types; (5) Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring a contractor under a Federal award to apply this section to subcontracts. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pl. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract EXHIBIT I - 4 11/24 cll® 16C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contractors must sign and submit a debarment certification to the County with each bid or offer. See Certifications and Assurances and the end of this document. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired — a) Competitively within a timeframe providing for compliance with the contract performance schedule; b) Meeting contract performance requirements; or c) At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: Comprehensive Procurement Guideline (CPG) Program I US EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the County who in turn will forward the certification(s) to the federal agency. Contractors must sign and submit a lobbying certification to the County with each bid or offer exceeding $100,000, See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (CWHSSA) (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the EXHIBIT I - 5 11/24 c,NO 16C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $32 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1). (3) Withholding for unpaid wages and liquidated damages— (i) Withholding Process. The County may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (b) on this contract, any other federal contractwith the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. (ii) (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (B) A contracting agency for its reprocurement costs; (C) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (D) A contractor's assignee(s); (E) A contractor's successor(s); or (F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (4) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5). In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. (5) Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: EXHIBIT I - 6 11/24 CNO 16C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; (ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; (iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or (iv) Informing any other person about their rights under CWHSSA or this part." Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. (2) Records to be maintained under this provision must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during -working hours on the job." Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or In part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. EXHIBIT I - 7 11/24, C,NO 16 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, EXHIBIT I - S 11/24 LINO 16CZ EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT 1- 9 11/24 C,NO 16C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name lfl e19 1, t.y - 'Sa" lY .C-0 �. ✓�"��I • �^ Date Authorized Signature EXHIBIT I - 10 11/24 CAO 1 C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor Its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Lc,,. _-Sc..nc(9 iron AJe 7,( Ir— *)'%Aji By. Signature / Name and Title 12-- /T�al�aNp�✓Gtict� Street Addre s 0'7 977 City, State, Zip 0hhyJlzr), LZ3 UEI Unique Entity Identifier (fo Z Date L verification) Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 11 11/24 16C2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status will be verified. unver'able statuses vitl require the PP --ME to either proivda a revised statement or proAda scurre documentation that vilidatesa status. A. PRIME VENDOR/CONTRACTOR INFORMATION j PRIMENAME PRIME MD NUMBER COPITRACT DOLLAR, AMOUNT its; :,. C ..y`�.•:lti4. I), - i VI/ 111)1 s g e � (: )(. I- iSTHEPRt1.tEAfLOZIOA-CERT[FiEL)DlSibDVAttPAGED• VETERAtI Y N CS THE ACTIVITY OF THIS CONTRACT... j MINORM On WOMEN BUSIHESSERTERMSE? DBE; Y IJ CONSTRUCTION? Y N (DBEt LIBEJWBEI OR HAt•E A.SPAALLDWI)VAATAGHD BUSI IMSA CERT:ICATIOX FROM THE SMALL BUSINESS RIBS? V N CON5ULTATON? Y IJ 4W.IINIAAATON? A SERb10E DISABLED VETERAN? wu? Y tl OTHER.? Y ti S03 GA? Y N 15 THIS 5UBFAISS!ON A REVISIOM Y N IF YES, REV}SION NUMBER 8. IF PRIME HAS SUBCONTRACTOR Oft SUPPLER WHO IS A DISADVANTAGED MINORITY, WOMEN-O.WNED, SMALL BUSINESS CONCERN ORSERVICE DISABLED VETERAN, PRIME IS TO COMPLETETHIS NEXT SECTION OBE MIME SUBCOFITRACTORORSUPPUER TYPEOFWOAXOR ETHNICRYCODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS I TOTALS' C. SECTION'TOBE•.COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF 51.115M/ITTER/ / DATE TITLEOFSUBMITTEA EMAIL/ADDRESS OF/PRIME (SUBMETTER) T LEPAONE NUMBER FAXNUMBER ( ✓ � W��r 'ld> [{CLI ��t ,t1 ��1(� r � tl i G,-1 % + � y - / CA, NOTE: This information iy toed to track and report, anticipated DBE a 1,18E participation in federally-Eunded contracts. The 3nti6pated DBE or MBE amount is voluntary and MIL not become part of thecontracttral terms. This form mint be submitted at time of reTDnse to a j solicita!ian. If and vihenetvarded a County contract, the prime will be asked to update the information for the grant compliance fi!es. ETIINICTTY CODE BlackAmerican BA HSpanlCAmerican HA MdVe AmeriCan NA Subcont. Asian American SAA Asian-Patifsc American APA Non -minority Women N&W Other. not of am adw group listedl O D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENTNAME COLL'ERCOIITRACTFIIFB,R`Por PO•'PEOI GRANT PROGRAMICONTPACT ACCEPTED, BY: DATE EXHIBIT I - 12 - --__— — 11/24 �90 16VC2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Contractor (Firm Name) r Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official ' /717- , Date I EXHIBIT I - 13 11/24 C�10 I6C2 AFFIDAVIT REGARDING LABOR AND SERVICES 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. Nongovernmental Entity's Name: I<omline-Sanderson Corporation Address: 12 Holland Avenue, PO Box 257, Peapack, New Jersey 07977 Phone Number: +1(908) 234-1000 Authorized Representative's Name: Robert J. Vander Meulen Authorized Representative's Title: EVP & CFO Email Address: rjvandermeulen@komline.com AFFIDAVIT 1 Robert J Vander Meulen (Name of Authorized Representative), as authorized representative attest that Komline-Sanderson Corporation (Name of Nongovernmental Entity) does not use coercion for labor or services as defined in § 787.06, Florida Statutes. Under penalty of p xaury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. (Signature of � horized representative) Date STATE OF New Jersey COUNTY OF Somerset Sworn to (or affirmed) and subscribed before me, by means of III physical presence or ❑ online notarization this 7th day of January , 20_, by Robert J. Vander Meulen (Name of Affiant), who produced their as identification or are personally known to me. Notary Public (not required when digital) . FITSUM A TESFAYE (A Nceary Public, State of New Jersey Commissidn Expires i Sky Commission Expires May 10, 2029 Personally Known /�10 R Produced Identification ❑ Type of Identification Produced: CONTRACT RENEWAL OR EXTENSION REQUEST FORM Version: 2025.1 O CP Exhibit B - Fee Schedule 24-059-NS-WV Komline-Sanderson Belt Press Equipment, Parts and Services Hourly Rate: $210.00 (Normal hours are Monday through Friday, 7:OOam - 4:OOpm, excluding County observed holidays). Hourly labor rates shall be inclusive of all overhead, insurance, profit, and use of company owned equipment (excluding rental equipment). Overtime Rate: $315.00 (Overtime rate shall apply to hours outside of normal hours or in the event of a declared local state of emergency). Equipment Rental Markup: 10% (Rental invoice shall be provided as backup documentation). Subcontractor Markup: 10% (Subcontractor invoice shall be provided as backup documentation). Travel and Reimbursable Expenses: must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Items not listed on the Fee Schedule may be quoted on an as -needed basis. The Fee Schedule may be updated through an Amendment, in accordance witht the Procurement Ordinance Part NumberFUnee 0390209 0 0390210 0 0390211 00 0390213 000390299 000394025* 000399208 0003H0190 0003H0289 .00 03Q0133 $ 156.00 03Q0145 $ 756.00 03Q0149 $ 672.00 03Q0151 $ 82.00 03Q0152 $ 87.00 03Q0163 $ 159.00 03Q0176 $ 70.00 03Q0181 $ 669.00 03Q0229 $ 198.00 03Q0229 $ 236.00 09G1009 $ 8.00 25Q1529 $ 23.00 28R1504* $ 7.00 29A2827 $ 373.00 36G2006 $ 12.00 PARTS LIST Part Number Unit Price 37A2012 $ 609.00 37A2017 $ 773.00 37A2018 $ 1,103.00 37A2019 $ 1,239.00 37A2020 $ 216.00 37A2021 $ 848.00 4086 (23'-7") $ 1,195.00 4086 (37-8") $ 2,001.00 4086 (47-1") $ 2,592.00 4086 (47-5") $ 2,400.00 4086 (49'-11") $ 1,616.00 4086 (51'-7) $ 2,011.00 4086 (80" x 280") $ 1,238.00 4086 (80" x 283") $ 1,360.00 4086 (82" x 392") $ 1,662.00 4086 (82" x 452") $ 1,950.00 4086 (82" x 507") $ 2,065.00 4086 (82" x 569") $ 2,395.00 41L0018 $ 25.00 6391021 $ 160.00 6395832 $ 2,300.00 6395864 $ 245.00 6395871 $ 3,990.00 6395882 $ 416.00 6395883 1 $ 811.00 Part Number Unit Price 6395888 $ 279.00 6395894 $ 120.00 6395900 $ 68.00 6396949 $ 114.00 90B3034 $ 20.00 90X0207/90K0306 $ 147.00 90X9002 $ 707.00 Z0390210/0390255 $ 608.00 Z0394021* $ 33.00 Z0394025 $ 165.00 Z03Q0083 $ 176.00 Z03Q0084 $ 163.00 $ 233.00 1 $ 276.00 8 1 $ 46.00 1 2 1 $ 453.00 1 5Q1529X7-2 1 $ 236.00 1 Z43A0917 $ 688.00 Z43Q1005 $ 615.00 Z43Q1005 $ 728.00 Z6391021(2M) $ 162.00 Z6395830/90133034 1 $ 4,641.00 Z6395859/90133034 $ 4,242.00 Z90X0207/90K0306 $ 147.00 Z90X0474/90X0475 $ 529.00 *Price per foot. Please note length required. Docusign Envelope ID: A627AA87-37DB-4DCF-946E-79025E1E6D50 CIPOY COunt y Procurement WAIVER REQUEST FORM Instructions: The Procurement Ordinance, 17-08, as amended, Section Eleven, Procurement Methods, defines single and sole 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 thisform priorto submitting it to Procurement. Definitions: • 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. • Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be based on a lack of competition, proprietary technology, copyright, warranty, or a supplier's unique capability. SECTION ONE Requester Name: Wayne Karlovich Division: PU Engineering & Project Management Item/Service: Belt Press Dewatering and Services Vendor Name: Komline-Sanderson SECTION TWO Historical Countywide Requested Date Range: Not to Exceed Amount Is there an agreement Spend: Per Fiscal Year: associated with this waiver to $ 911,674 5 YEARS $ 200,000 be reviewed by Contracts? DYes 0No SECTION THREE Quote/Proposal: O Yes (.) No Agreement/Terms & Conditions: Yes O No If yes, attach. If yes, attach. SECTION FOUR Q Sole Source Q Single Source Q One Time Purchase Q Multiple Purchases SECTION FIVE Description of Purchase. Enter a description of the item(s) that will be purchased under this waiver. Direct Purchase of equipment, parts and services of Komline-Sanderson belt press dewatering equipment from Komline-Sanderson. The county currently has Komline-Sanderson belt press dewatering systems used for dewatering of sludge at the NCWRF and the SCWRF. They are critical to the treatment process and are required to allow for waste sludge disposal from the treatment plants and to meet FDEP permitting requirements at these facilities. Historical spend is through FY23. Fiscal Year spend increase request from $175,000 to $200,000 due to increased average spend over the last five -years in maintaining the equipment. Purpose. Describe in detail the public purpose of the requested item(s) and why it is essential to County operations. To ensure that Collier County Water and Wastewater Division complies with all applicable local, State, and federal codes, laws, regulations, standards, policies, and operating permits. To provide suitable sludge dewatering equipment to ensure treatment performance meets the requirements of the downstream process, and to minimize the cost of sludge hauling and disposal to the landfill disposal site. Page 1 of 4 Revised 9/2023 Docusign Envelope ID: A627AA87-37DB-4DCF-946E-79025E1E6D50 SECTION SIX 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 documentation. O Yes (�) No If yes, provide the PCC number: SECTION SEVEN 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): OSole Source ❑ Only Authorized Vendor or Distributor. Is this vendor the only vendor authorized to sell this product/service? If yes, explain below and provide documentation from the manufacturer confirming claims made by the distributors. ❑ No Comparable Product or Service. Is there another vendor who can provide a similar product/service, regardless of cost, convenience, timeliness, etc.? ❑✓ Product Compatibility. Does this product/service provide compatibility with existing equipment that prohibits switching to another comparable brand/vendor? If yes, provide the detailed explanation below, including what would occur if the other brand/vendor were used. ❑✓ Proprietary. Is this product/service proprietary? If yes, provide a detailed explanation below on how its use is restricted by patent, copyright, or other applicable laws and provide documentation validating that claim. OSingle Source ❑ 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 Number: ❑ Warranty. Is this the only vendor able to complete factory -authorized warranty services on County owned equipment? If yes, provide the documentation verifying the warranty. ❑ Geographic Territory. Is this vendor the only vendor authorized to sell this product/service in our region? If yes, provide documentation from the manufacturer confirming those claims. ❑ Other Factors. Any other reason not listed above. Explain below. Explain. How does this purchase meet the identified sole or single source criteria checked above? Komline-Sanderson is the exclusive original equipment manufacturer of the equipment installed at the Collier County facilities. The wastewater treatment plants and water reclamation facilities have been designed utilizing the Komline-Sanderson belt press dewatering equipment to meet the operational and regulatory requirements for treatment of wastewater at the facility. The existing belt press dewatering equipment has performed well and met our operation needs. Switching to an alternate vendor is not possible without incurring additional cost of hiring a design engineer to design the installation of the other brand/vendor. The design and construction needed to incorporate an alternate vendor would need to incorporate all aspects of the form, fit and function of the belt press dewatering equipment including: demolition, structural modifications, new structures, piping modifications, electrical modifications, control system modifications. Additionally the treatment plant staff have been trained on the operation and maintenance of the existing belt press dewatering equipment. Switching to an alternate vendor will require additional cost and time for training of the operation and maintenance staff. WAIVER REQUEST FORM Page 2 of 4 Revised 9/2023 Docusign Envelope ID: A627AA87-37DB-4DCF-946E-79025E1E6D50 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. Komline-Sanderson is the original equipment manufacturer (OEM) for the installed equipment. It is estimated that historically the County has spent approximately $8,000,000 over the past 20 years on Komline-Sanderson belt press dewatering equipment that was installed when the plants were built. SAP records show Countywide spend through FY23 is $911,674. The oritinal equipment purchases were done through projects, and not individually tracked. The $8,000,000 is a rough estimate of the costs to rebuild the nine belt presses the County is currently using. The existing Komline-Sanderson equipment units are proven systems that consistently meets our operational needs and permit requirements. Explain why it is in the County's best interest to use this product/service rather than issuing a competitive solicitation. What are the benefits from the continued use? Are there costs that would be incurred if a different vendor/product was used? What would occur if another brand/vendor was used? Use of an alternate vendor is not compatible with the existing treatment process configuration in terms of form, fit and function. Use of an alternate equipment vendor would require engineering redesign of the process at the facility as well additional cost of training of plant operator and maintenance staff. 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. Replacement of this equipment with an alternate vendor would cost an estimated $4,000,000 more than replacement with the Komline-Sanderson equipment. To change the belt press dewatering systems from Komline-Sanderson to another brand would require hiring an Engineering firm for design, a mechanical contractor for removal of the existing equipment, installation of new equipment, modifications to the structure, and rewiring and controls modifications. Will this purchase obligate the County to future ancillary products or services, either in terms of maintenance or standardization? If yes, explain what types. O Yes O No Replacement parts, equipment, maintenance items and services. WAIVER REQUEST FORM Page 3 of 4 Revised 9/2023 Docusign Envelope ID: A627AA87-37DB-4DCF-946E-79025E1E6D50 Market research and market alternatives. When was the last time a market evaluation was performed to determine if either the technology or vendor offerings have changed? Based on the life expectancy of the product, when do you anticipate evaluating the market again? Attach a detailed market evaluation report if the complexity, duration, and dollar amount of the purchase will be a high risk to the County. This equipment was purchased when the Plants were built. The Plants were designed around the footprint of this specific Komline-Sanderson equipment. The equipment will be rebuilt by Komline-Sanderson as needed to keep it running as long as possible. To change this equipment to a different manufacturer would require redesign and construction modifications to the Plants, as well as significant down -time and training for staff. It is in the County's best interest to maintain this equipment. It is a felony to knowingly circumvent a competitive process for commodities or services by fraudulently specifying sole source. Florida Statute 838.22(2). SECTION EIGHT Requested by: Signature: Wayne Karlovich Ka rl ovi ch Wa rl e Digitally signed by KarlovichWayne Y Date: 2024.08.07 16:38:23 -04'00' Division Director: Signature: Digitally signed by McLeanMatthew Matthew McLean DIN E-Malthew.M,Lean@colli,,,,,nl,,,,v, CN=McLeanMatthew, w OU=General OU=PPM User Accounts, OU=PUD Planning and Project Management, OU=PUD, OU=Divisions, DC=bcc, McLeanMatthe DC=ooll24 0& DO=ne[ Date: zoza.os.m ls:al:za-oaoo• Department Head (Required if over $50,000): Signature: Digitally signed by Yil Yi I George Yilmaz, Ph.D., PE m azG eo rg a Date: 2024.08.09 10:26:41 6:41-0 -04'00' Procurement Strategist: Signature: Brooke Roxberr RoxberryBrooke Digitally signed byRoxberryBrooke f� Date: 2024.08.20 08:37:44 Y -04'00' Procurement Director (or designee): Signature- Docusigned by: &AAA.u, a"-K& Sandra Srnka 13ECCC8279B554F5 . Procurement Use Only Date Advertised: 7/22/24 Approved For: Approved by Board: Contract #: 24-059-NS Date of Recommending Date: 3/25/2025 Contract Not Applicable ❑ Start Date: 3/25/2025 Designation: 7/29/24 Date of Designation End Date: Follows 24-059-Ns Agenda#: 16.C.2 Exemption #: 25-030-WV Denied: WAIVER REQUEST FORM Page 4 of 4 Revised 9/2023 AMEM UsKomi ine-Sanderson 12 Holland Ave. www.komLine.com Peapack, NJ 07977-0257 (9081 234-1000 July 16, 2024 County Procurement Director Collier County Government 3327 Tamiami Trail E Naples, FL 34112 Re.: Collier County Government KS Job# S 3863 To Whom It May Concern: The Komline-Sanderson Kompress® Belt Filter Press represents the design and manufacturing efforts of the Komline-Sanderson Engineering Corp. with its main office and factory located at 12 Holland Ave., P.O. Box 257, Peapack, NJ 07977. K-S is the Original Equipment Manufacturer (OEM) and reflects K-S engineered designs. The belt filter presses are fitted with patented plow mixing technology which is licensed and protect by the following U.S. Patents #4,986,911 and #4,602,998. K-S does not have any authorized filter parts distributors thereby, we are the sole source of genuine replacement parts which are designed to the original specifications to keep your filter running at optimum performance. K-S manufactures and stocks parts at our Peapack, NJ factory and has the ability to ship parts to its customers domestically and internationally. As a savings to our customers, we provide replacement parts directly to the filter owner without the involvement of any middlemen. Therefore, to obtain correct replacement parts please contact the Parts Dept. at 1-800-572-3457 or email at aftermarket@komline.com. We look forward to working with the Collier County and if we may be of any other assistance, please don't hesitate to contact us. Best regards, Komline-Sanderson Corp. I M, I �a** Robert Liu Aftermarket Manager cc: File Docusign Envelope ID: A627AA87-37DB-4DCF-946E-79025E1E6D50 Collier County Notice of Recommended Designate of Sole/Single Source Notice of Intent Name NOTICE OF INTENT TO SOLE SOURCE BELT PRESS DEWATERING AND SERVICES Posting Date 7/22/2024 Due Date 7/29/2024 Recommendation Manufacturer Name Komline-Sanderson Vendor/Provider Name I Komline-Sanderson Approved by Procurement Procurement Services D 8g tlby: Director ��"� �' �3ECCC82]98554F5... Procurement Services Division — 3295 Tamiami Trail East — Naples, Florida 34112-4901 www.colliercountvfl.gov/procurementservices FIRST AMENDMENT TO AGREEMENT No. 24-059-NS FOR ICOMLIINE-SANDERSON BELT PRESS EQUIPMENT, PARTS, AND SERVICES THIS FIRST AMENDMENT, made and entered into. on this day of 20251 by and between Komline-Sanderson Corporation. (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner") (collectively, the "Parties"): WHEREAS, on March 25, 2025 (Agenda Item No. 16.C.2), the County entered into an Agreement No. 24-059-NS-WV "Komline-Sanderson Belt Press Equipment, Parts, and Services" (the "Agreement") with the Contractor to provide parts and services; and WHEREAS, the Parties desire to amend the Agreement to add four (1) one year renewals, and replace Exhibit B with revised Fee Schedule to reflect an increase in hourly rates and parts upon expiration of current term March 25, 2026; and NOW, THEREFORE, in consideration of the mutual. promises and covenants herein contained, it is agreed by the Parties as follows: 1. The above recitals .are hereby incorporated into this First Amendment as if fully set forth herein. 2. Upon execution of this First Amendment, the Parties agreed to update Agreement term and replace Exhibit B Fee Schedule attached hereto beginning at current term expiration, March 25, 2026. 3. All other terms and conditions of the Agreement, as previously amended, shall remain the same. Words S�rue-ieag# are deleted; Words Underlined are added 1. AGREEMENT TERM, The Agreement shall bo for a onA_� (1 )year period, commencing (:j upon the date of Board approval; or ❑ on and terminating on one (1 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for four (4) additional one (1� ear s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. Page 1 of 2 First Arriendment to Agreement No. 24-059-NS-WV IN WITNESS WHEREOF, the Parties have executed this First Amendment on the date and year first written above by an authorized person or agent. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) CONTRACTOR: Komline-Sanderson Corporation By: Signature TTypelprint signature and title' Date BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M Dan Kowal, Chairman Page Z of 2 . First Amendment to Agreement No. 24-059-NS-WV an O Exhibit B - Fee Schedule 24-059-NS-WV Komline-Sanderson Belt Press Equipment, Parts and Services Hourly Rate: $210.00 (Normal hours are Monday through Friday, 7:OOam - 4:OOpm, excluding County observed holidays). Hourly labor rates shall be inclusive of all overhead, insurance, profit, and use of company owned equipment (excluding rental equipment). Overtime Rate: $315.00 (Overtime rate shall apply to hours outside of normal hours or in the event of a declared local state of emergency). Equipment Rental Markup: 10% (Rental invoice shall be provided as backup documentation). Subcontractor Markup: 10% (Subcontractor invoice shall be provided as backup documentation). Travel and Reimbursable Expenses: must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Items not listed on the Fee Schedule may be quoted on an as -needed basis. The Fee Schedule may be updated through an Amendment, in accordance witht the Procurement Ordinance Part NumberFUnee 0390209 0 0390210 0 0390211 00 0390213 000390299 000394025* 000399208 0003H0190 0003H0289 .00 03Q0133 $ 156.00 03Q0145 $ 756.00 03Q0149 $ 672.00 03Q0151 $ 82.00 03Q0152 $ 87.00 03Q0163 $ 159.00 03Q0176 $ 70.00 03Q0181 $ 669.00 03Q0229 $ 198.00 03Q0229 $ 236.00 09G1009 $ 8.00 25Q1529 $ 23.00 28R1504* $ 7.00 29A2827 $ 373.00 36G2006 $ 12.00 PARTS LIST Part Number Unit Price 37A2012 $ 609.00 37A2017 $ 773.00 37A2018 $ 1,103.00 37A2019 $ 1,239.00 37A2020 $ 216.00 37A2021 $ 848.00 4086 (23'-7") $ 1,195.00 4086 (37-8") $ 2,001.00 4086 (47-1") $ 2,592.00 4086 (47-5") $ 2,400.00 4086 (49'-11") $ 1,616.00 4086 (51'-7) $ 2,011.00 4086 (80" x 280") $ 1,238.00 4086 (80" x 283") $ 1,360.00 4086 (82" x 392") $ 1,662.00 4086 (82" x 452") $ 1,950.00 4086 (82" x 507") $ 2,065.00 4086 (82" x 569") $ 2,395.00 41L0018 $ 25.00 6391021 $ 160.00 6395832 $ 2,300.00 6395864 $ 245.00 6395871 $ 3,990.00 6395882 $ 416.00 6395883 1 $ 811.00 Part Number Unit Price 6395888 $ 279.00 6395894 $ 120.00 6395900 $ 68.00 6396949 $ 114.00 90B3034 $ 20.00 90X0207/90K0306 $ 147.00 90X9002 $ 707.00 Z0390210/0390255 $ 608.00 Z0394021* $ 33.00 Z0394025 $ 165.00 Z03Q0083 $ 176.00 Z03Q0084 $ 163.00 $ 233.00 1 $ 276.00 8 1 $ 46.00 1 2 1 $ 453.00 1 5Q1529X7-2 1 $ 236.00 1 Z43A0917 $ 688.00 Z43Q1005 $ 615.00 Z43Q1005 $ 728.00 Z6391021(2M) $ 162.00 Z6395830/90133034 1 $ 4,641.00 Z6395859/90133034 $ 4,242.00 Z90X0207/90K0306 $ 147.00 Z90X0474/90X0475 $ 529.00 *Price per foot. Please note length required. AFFIDAVIT REGARDING LABOR AND SERVICES AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED Effective July 1, 2024, pursuant to § M/Mo(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 olt, 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 perjury 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 ], 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: Komline-Sanderson Corporation Address: 12 Holland Avenue Peapack, NJ 07977 Phone Number: 908-234-1000 Authorized Representative's Name: Robert J. Vander Meulen Authorized Representative's Title: CFO Email Address: dvandermeulen a komline.com I, 0�`Cl� �- �✓td1+�(Name of Authorized ReptesentatiYe), as authorized representative attest under penalty ofperjurythat - ` le,- ej,( /� A(Name of Nongovernmental Entity) does not: (1) use coercion for labor or services as defined in § 787.06, Florid 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 (Signature {declare that I have read the foregoing Affidavit and that the facts stated in it are true. z4 A � representative) Date STATE COUNTY OF Sworil to (or affirmed) and subscribed before me, by means of hysical presence or O online notarization this day ofn�0 , 20 �� , byR�Sr� r� ��u ti td atncofAfitant), w#tc�pretduced his Firnida Drtver's License_as identification. Ii3V,�t /� . c.�,Je_ Notary Public Fl Cotnt ti/ Ion Expires Personally Known NOR Produced Identification ❑ Type of Identification Produced: TSUM A TESFAYE Notary Public, State of New Jersey My Commission Expires May 10, 2029 s/• CAO