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HomeMy WebLinkAbout04/08/2026 Agreement V(k i` I, EN, 1I yl IJ,"' I' Ii.l II 1 yI I'l'r1 1� ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Xylem Inc Contract# Effective Date: February 7th 2026 Expiration Date: August 6th 2026 Contract Purpose/Description: Annual Preventative Maintenance Agreement(PMA), consists of a 20-point mechanical and electrical inspection completed by a factory certified service technician. A detailed inspection report will be provided for all equipment covered in this agreement. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Glovanna Basham 4437 Basham-Giovanna@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 3,150.00 Current Year Portion: $ N/A (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the IolI iI ctixntihiliee' 4Mrnaitiewt'is rlflfl.fl(1.fIQlairless) Budgeted? Yes❑✓ No❑ Grant: $ County Match: $ Fund/Cost Center/Spend Category: 102/22503/SC 00062 Repair and Maintenance ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries, etc.) Insurance Required: YES ❑ NO ❑ CONTRACT REVIEW Reviewer Department/Office Director/ Signature: Judith S.Clarke, P.E. Digddly s,gnad by hddh S Clark,PE Deter 2026.03 26 15 0156 04'00' Assistant Director Christine Limbert-Barrows Digitally signed by Christine Limbert-Barrows County Attorney Signature: Date,2026,032615,12'.47-04'00' Jaclyn Flatt Digitallyagnedby Jaclyn Flatt Risk Management Signature: y Date:2026.04.0208:34:26-04'00' �+ Digitally signed by Lisa Abreu Purchasing Signature Lisa Abreu Date:2026.04.07 13:29:16-04'00' (email contracts 0p,monroecounty-fl.gov) Angelica Maicosky Digitally signed by Angelica Malc°sky Ang OMB Signature: Date:2026.04.07 14:13:15-04'00' (email OMB@monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 '1.r i"'1.d i i [2 2025911 xylem Service Solutions Xylem Water Solutions USA, Inc. 15132 Park of Commerce Blvd.,Ste. 102 Jupiter,FL 33478 Tel(772)529-1061 February 7, 2026 Nina Basham Executive Assistant Roads Department 123 Overseas Highway Rockland Key 33040 Office: 305 292 4437 Dear Mrs. Basham-Giovanna, Thank you for choosing Xylem as your trusted service partner. We are pleased to offer you a quotation for a Preventative Maintenance Agreement (PMA). A Xylem PMA consists of a 20- point mechanical and electrical inspection completed by a factory certified service technician. A detailed inspection report will be provided for all equipment covered in this agreement. The standard agreement term is three years, but other options are available as shown below. Eguuipment Covered,' Qty 2, Model 3127.070 pumps, Location: Prado Circle Pump Station Agreement Level (check the box below that applies) Q Bronze (1 PM service visit per year, 5% off repair of equipment under contract) Xylem Part No: 1400000690015 TAX, 1400000690015A NO TAX ❑ Silver (2 PM service visits per year, 10% off repair of equipment under contract) Xylem Part No: 1400000690016 TAX, 1400000690016A NO TAX ❑ Gold (1 PM service visit per year, additional 12 month warranty— New pumps only) Xylem Part No: 1400000690017 TAX, 1400000690017A NO TAX Agreement Term Q One-year Agreement (one visit) ❑ Three-year Agreement ❑ Five-year Agreement* * For multi-year agreements, purchase order(s) can be provided for each year prior to service visit or one purchase order can be provided for entire term that will be referenced and invoiced after each visit. Pricing The fee per service visit for the pumps listed above is $3,150.00 This amount will be billed after the service is performed and a detailed invoice will be provided to you. If additional expenses are occurred for time or resources on site, Xylem will contact you for approval prior to invoicing. Exclusions Additional repairs or services are not included in the above price. If our technician determines that additional repairs or services are required, they will notify you and it will be quoted separately. Best Regards, Ben Griffin ACT Service Center Manager Xylem Water Solutions USA, Inc. Benjamin.griffin@xylem.com PREVENTATIVE MAINTENANCE SERVICE -20 POINT INSPECTION CHECKLIST 1. Visually inspect pumping station condition including valves and piping 2. Visually Inspect lifting equipment 3. Extract pump from wet well and inspect guiderails 4 Visually inspect discharge connection 5. Inspect pump electric cable 6. Visually inspect control panel components* 7. Check voltage supply between all phases of the electrical control panel* 8. Complete insulation test of the motor stator 9. Check function of control panel monitoring system 10. Check pump oil for water contamination, drain and replace oil if needed, replace plug o-rings 11. Check coolant for contamination(if replacement coolant is required, additional fee will apply) 12, Check for fluid in inspection chamber and junction box 13.Visually inspect the impeller condition 14. Inspect wear ring, measure and record gap, change if necessary 15. Dry-run pump, confirm rotation and check for noise and vibration 16. Inspect level control component operation and remove accumulated debris if possible 17. Re-install pump and ensure seated correctly 18. Run the pump through its operation cycle if liquid level permits 19. Check running amperage on all phases of the pump motor* 20. Record findings on inspection report and share findings with customer "Items 6, 7 and 19 vary due to location and/or local ordinance(s) Upon Agreement, please provide information below. Required Information The equipment owner is responsible for providing the information below prior to the Service Technician's arrival, please fill out the boxes that apply below prior to the visit: A. Briefing to be provided by owner regarding the site's safety risks and known hazards. 2 On-site ❑ Remote B. Is Confined Space entry required to perform the service? 2 Yes ❑ No C. Is water supply available on-site (for washing equipment)? ❑ Yes 2 No D. Is 120V electric supply available on-site? ❑ Yes 2 No E. Will an employee be available to assist in inspection and to provide on-site support? 2 Yes ❑ No F. Is an Electrician available to provide on-site support? (if control panel is not supplied by Flygt) ❑ Yes 2 No G. Will pumps be removed with crane by equipment owner? El Yes No Terms and Conditions This order is subject to the Standard Terms and Conditions of Sale—Xylem Americas effective on the 2 1 P a g e date the order is accepted which terms are available at https:J/www,xvlem.com/erg-U§Isu ort/ y e=--- americas-standard-terms-and-conditions/and incorporated herein by reference and made a part of the agreement between the parties. Taxes: Taxes are not included in this quotation unless specifically stated otherwise. Validity: This quote is valid for one hundred eighty (180) days. Payment Terms: Payment terms are 100% Net 30 days following the invoice date Accepted by: (authorized party to bind company) Christine Digitally signed by Supplied b Xylem, Inc. Purchased by: Christine Hurley u r ey 11:02:54-04'00' Name: Benjamin Griffin Name:. Title: ACT Service Center Manager Title: Date: 7 Feb 2026 Date:. PO#: (Please return signed quote and copy of purchase order and tax exemption certificate if applicable) MONROE COUNTY ATTORNEY APPROVED AS TO FORM CHRISTINE LIMBERT•BARROWS SIR ASSISTANT COUNTY ATTORNEY DATE: .3L2.6I2.6._ 3 1 P a g e Addendum Monroe County Contract Terms and Conditions The Monroe County Board of County Commissioners (herein after"County') and Xylem Water Solutions USA, Inc., a Florida Foreign Profit Corporation (herein after"Contractor") agree as set forth below. The County and Contractor hereby enter into this addendum to modify the quotation for Preventative Maintenance Agreement,including the terms available at little://avwW xylem.cone/ rteasset / .:� �o�t/ternns r� cond tions/terms and conditions for serviC.es/xyjg ��m.e icas:: '�t:.�:�tl term,s and conditions Co::::: .selli,c,es. v2 1 1.10.2017 er: dish r4-1 " for the services to be provided(herein after referred to as ('`Agreement") and agrees to the following: This Agreement includes and incorporates the Contractor's quotation for Preventative Maintenance Agreement,the Terms and Conditions for Services and this Addendum. To the extent that any terms conflict, the language as set forth in this Addendum shall supersede any other terms and shall be binding. The terms and conditions as set forth below are imposed in accordance with Florida Law and Monroe County Code. Payment: Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt Payment Act. Contractor shall submit to the County invoices with Supporting documentation that are acceptable to the Monroe County Clerk of Court and Comptroller (Clerk). Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. If the Agreement is a multi-year agreement,the County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. This Agreement shall not exceed $100,000.00 unless it is approved by the Monroe County Board of County Commissioners. Any automatic renewal is subject to a not to exceed amount of$100,000.00 unless the Monroe County Board of County Commissioners gives prior approval of an agreement more than $100,000.00. In accordance with Monroe County Code Sec. 2-58, the County Administrator is authorized to sign agreements when the total cumulative value of the contract does not exceed$100,000.00. The County reserves all rights available to recoup monies paid under this Agreement,including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. Termination: The County may terminate this Agreement for cause should Contractor fail to perform. Prior to termination for cause,the County shall provide Contractor with seven(7) calendar days' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement, County shall pay Contractor the sum due for work performed under this Agreement prior to termination,unless the cost of completion to the County exceeds the funds remaining in the contract;however,the County reserves the right to assert and seek an offset for damages caused by the breach. The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement,County shall pay Contractor the sum due for work performed prior to termination, unless the cost of completion of the remaining work under the Agreement exceeds the funds 1 remaining in the contract. Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five years following the termination of this Agreement. If an auditor employed by the County or the determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. Governing Law,Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body the 16' Judicial Circuit in and for Monroe County, Florida. This Agreement shall not be subject to arbitration. Attorney's Fees and Costs: The Parties agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs,as an award against the non-pre prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Nondiscrimination: The Parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order.The Parties agree to comply with all Federal and Florida statutes,and all local ordinances,as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42 USC ss. 6101- 6107)which prohibits discrimination on the basis of age;5) The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527(42 USC ss.690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion,national origin,ancestry, sexual orientation,gender identity or expression,familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of, this Agreement. Public Records Compliance: Contractor must comply with Florida public records laws,including but not limited to Chapter 119,Florida Statutes and Section 24 of article I of the Constitution of Florida.The County and Contractor shall allow and permit reasonable access to,and inspection of,all documents,records,papers,letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract 2 performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by Contractor. Failure of Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party,be entitled to reimbursement of all attorney's fees and costs associated with that proceeding.This provision shall survive any termination or expiration of the contract. Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with Chapter 119, Florida Statutes. Sovereign Immunity and Non-Waiver of Immunity: The County s indemnification is limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida Statutes. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any contract entered into by the County be required to contain any provision for waiver.Nothing contained herein is intended,nor may it be construed,to waive County's rights and immunities under the common law or Section 768.28,Florida Statutes, as amended from time to time; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities,have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Statutory Requirements and Notices relating to Unauthorized Employment and Subcontracts: E-Verify System: In accordance with F.S. 448.095, Any Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's GVerify system to verify the work authorization status of all new employees hired by the subcontractor during the Agreement term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. Contractor shall comply with and be subject to the provisions of F.S. 448.095 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for apublic entity crime may not submit abid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submitbids,proposals,or replies on leases of real property to apublic entity;may not be awarded or perform work as a Contractor,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 3 Scrutinized Companies: Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If this Agreement is for more than one million dollars, the Contractor certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification;or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. Disclosure of Gifts from Foreign Sources: If this Agreement is $100,000 or more, Contractor shall disclose to County any current or prior interest of, any contract with,or any grant or gift received from a foreign country of concern, as defined in section 286.101, F.S.,if such interest, contract,or grant or gift has a value of$50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and,if applicable,the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within I year before applying for any grant, Contractor must also provide a copy of such disclosure to the State of Florida Department of Financial Services. Suspended Person/Business Entity Sec.2-347(l),Monroe County Code: In accordance with Monroe County Code Sec. 2-347(l), the Contractor hereby swears and affirms that it is not a suspended person or business entity. The employment of a suspended personibusiness entity is a material breach of the county/contractor contract and entitles the County,in its discretion, to terminate the contract with no further liability to the Contractor beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination. Indemnification &Hold Harmless: Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the Contractor shall defend, indemnify, and hold the County, and the County's elected and appointed officers and employees,harmless from and against any claims, actions or causes of action, any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage, fine,penalty or business interruption, and any costs or expenses that may be asserted against,initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with: (A) any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement; (B)the negligence or recklessness,intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees; or (C) the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement. This section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. Insurance: At all times during the term of this Agreement(including any extensions thereof), Contractor shall maintain the insurance as specified in this section. In the event Contractor fails to maintain all insurance required by this section, County reserves the right to immediately terminate this Agreement or suspend all work until the required insurance has been reinstated. Delays in completion of the work resulting from Contractor's failure to 4 maintain required insurance shall not cause the extension of any deadlines specified in this Agreement, and Contractor agrees to indemnify and hold harmless the County for any and all increases in cost resulting from such delay. Contractor shall maintain the following coverage: • Commercial General Liability: Contractor's insurance policy shall cover, at a minimum,premises operations,personal injury(including death),property damage,products & completed operations, and blanket contractual liability. If coverage is provided on a Claims Made basis, Contractor's policy must provide for claims filed during the term of this Agreement, and for twelve (12)months after its termination or expiration. Contractor's policy shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. The minimum limits acceptable are: $300,000 Combined Single Limit(CSL) • Worker's Compensation: Contractor's insurance policy shall reflect coverage and limits sufficient to meet requirements of Chapter 440,Florida Statutes. Prior to commencement of work under this Agreement, Contractor shall provide to the County Risk Manager satisfactory evidence of the required insurance,which may be an Certificate of Insurance or a copy of the insurance policy. The County reserves the right to request a certified copy of Contractor's insurance policy. Any deviation from the insurance requirements specified herein must be approved by the County's Risk Manager on an approved Insurance Waiver Form. Insurance Waivers may be requested from the Risk Management Department: Tel: (305) 292-3470; Eml:risk mOtt:agen ent( ),�21I. o�;j2j tit�Cl COUNTY FORMS: By signing this Agreement, Contractor has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Vendor Certification Regarding Scrutinized Companies List and Affidavit Attesting To Noncoercive Conduct For Labor Or Services as set forth in more detail in this Agreement. PUBLIC ENTITY CRIME STATEMENT: Contractor certifies and agrees that Contractor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal or reply on contracts to provide any goods or services to a public entity, may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals or replys on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, Contractor or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination,based on an audit, 5 that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes,as a"public entity crime"and that it has not been formally charged with committing an act defined as a"public entity crime"regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. ETHICS CLAUSE: By signing this Agreement, Contractor warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010- 1990. For breach or violation of this provision the County may,in its discretion,terminate this Agreement without liability and may also,in its discretion, deduct from the Agreement or purchase price, or otherwise recover,the full amount of any fee, commission,percentage, gift, or consideration paid to the former County officer or employee. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS: Contractor agrees and certifies compliance with the following: Section 287.135,Florida Statutes prohibits a Contractor from bidding on, submitting aproposal for,or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the Contractor is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a Contractor from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, if the Contractor/company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria and is not on the State Board of Administration's"Scrutinized List of Prohibited Companies" available under the quarterly reports section at lttt�s://www.sbafla.comhc���ortifw/. As the person authorized to sign on behalf of Contractor,I hereby certify that the Contractor identified above is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism List,or engaged in business operations in Cuba or Syria or on the Scrutinized List of Prohibited Companies. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Contractor to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the Contractor is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism List or been engaged in business operations in Cuba or Syria or on the Scrutinized List of Prohibited Companies. Note: The List are available at the following Department of Management Services Site: tittaL//www.clliis.liiyfloriclti.coiii/[-)f,t.sitiess o� : t%ot:s/st tt� ..l>�,;:rcl: tsrt:L/v t: 8.o rt:to: r:a1iot/cot vrc;t : G.p6..r....... .. ..... ..... bVgQ ti .../6..gdCUr l0....Q:`'. NON-COLLUSION AFFIDAVIT: Contractor by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of Contractor, the bidder making the Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority to do so; the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has 6 been made or will be made by the bidder to induce any other person,partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES: CONTRACTOR is required to provide an affidavit under penalty of perjury attesting that CONTRACTOR does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining,isolating, or confining or threating to restrain,isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt,if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing,removing, confiscating,withholding, or possessing any actual or purported passport,visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of CONTRACTOR, I certify under penalties of perjury that CONTRACTOR does not use coercion for labor or services in accordance with Section 787.06. Additionally, CONTRACTOR has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Contractor %2�— — Signature District Manager Title 26 MAR 26 Date MONROE COUNTY ATTORNEY APPROVED AS TO FORM CHRISTINE I.IMBERT-BARROWS SR.ASSISTANT COUNTY ATTORNEY DATE:.2120126 7 ACoR 04/02/2026/2026" CERTIFICATE OF LIABILITY INSURANCE DATEIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,LLC. NAME: Lauren Giangrande 1166 Avenue of the Americas AICONNo Ext: (212)345-6000 al ,No New York,NY 10036 E-MAIL Lauren.Gian rande marsh.com ADDRESS: 9 C INSURER(S)AFFORDING COVERAGE NAIC# CN 108453421-STN D-GAW-25-26 INSURERA: AIU Insurance Co. 19399 INSURED Xylem,Inc. INSURER B: National Union Fire Insurance Company of Pittsburgh, 19445 301 Water Street SE INSURER C: Washington,DC 20003 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-012584757-02 REVISION NUMBER: 5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LTR MM/DDIYYYYI iMMIDDIYYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY Y 012327514 10/31/2025 10/31/2026 EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE X� OCCUR FIR SES Ea occurrDe... $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑ JPECT RO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: SIR:$1,000,000 $ B AUTOMOBILE LIABILITY 012327512(AOS) 10/31/2025 10/31/2026 COMBINED SINGLE LIMIT $ 3,000,000 Ea accident B X ANY AUTO 012327513(MA) 10/31/2025 10/31/2026 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 0 12327517(AOS) 10/31/2025 10/31/2026 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A YIN ANYPROPRIETOR/PARTNER/EXECUTIVE NIA A 012327516(W) 10/31/2025 10/31/2026 E.L.EACH ACCIDENT $ 2,000,000 B OFFICER/MEMBER EXCLUDED? ❑N (Mandatory in NH) 012327515(OR) 10/31/2025 10/31/2026 E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is included as additional insured where required by written contract.with resepct to General Liability. 1X T eYA7. DATE,,,,. 4 2.2.6 A X -- CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 123 Overseas Hwy,(Rockland Key), THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD