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Agenda 07/12/2016 Item #16C3 7/12/2016 16.C.3. EXECUTIVE SUMMARY Recommendation to award Invitation to Bid 16-6543, "Grease Hauling," to Marlin Environmental, Inc., d/b/a Al Gator Septic, as the primary contractor and Carlos Rivero Plumbing and Septic Tank Contractor,Inc.,as the secondary contractor. OBJECTIVE: To ensure efficient and compliant operation of the Collier County Water Sewer District's (CCWSD) wastewater collections system and water reclamation facilities by removing the buildup of grease and insoluble materials from the collections system. CONSIDERATIONS: The CCWSD collections system includes approximately 800 lift stations. To maintain efficient and compliant operation, grease and insoluble, or mat, material must be removed from the wet wells at the stations and disposed of in a manner to prevent re-entry into the wastewater system. Material removed primarily consists of fats from cooking, and grease and residue from soap film (mat). There may also be other organics and plastics trapped in the mat material. The procurement of grease/mat removal and disposal services supports the overall wastewater maintenance function and contributes to compliant and effective operation of the wastewater collections system. It also assists facilities with the production of irrigation quality water. Staff publicly advertised Invitation to Bid (ITB) number 16-6543 on March 28, 2016. Notification was sent to 300 prospective vendors, with 19 downloading bid packages. On April 19, 2016, four bids were received. The bids are summarized below. VENDOR QUOTATION—COST PER LOAD Al Gator Septic $948 Carlos Rivero Plumbing and Septic Tank Contractor, Inc. $949 EnviroWaste Services Group, Inc. $1,347 Southern Sanitation $4,350 Staff determined that the lowest bids are fair and responsive and recommend awarding ITB #16-6543 to Marlin Environmental, Inc., d/b/a/ A-1 Gator Septic, as the primary contractor and Carlos Rivero Plumbing and Septic Tank Contractor, Inc., as the secondary contractor. The bid tabulation, ITB, vendor proposals and Agreements are attached. Exhibit I to the ITB referenced (in subsections D and H) that payment will be on a "lump sum" basis. The Agreements correctly note that payment will be based on the per load "unit price" bid for disposal. While there is a minor inconsistency here, both clearly reflect that the price for services would be at the identified bid rate for a per load disposal. In an abundance of caution, staff asks that as part of the Board's approval that it waives this minor irregularity between the language in the ITB and the Agreements (as the Board is authorized to do pursuant to Section 10E of the Purchasing Ordinance); and in any event Section 19 of the Agreements provide that in the event of any conflict between the ITB, the vendors' proposals and the Agreements,the terms of the Agreements control. The Agreements shall be for a one-year period, commencing on the date of Board award and terminating one year from that date, or until such time as all outstanding purchase orders issued prior to the expiration of the Agreements' period have been completed or terminated. The awarded Agreements shall have three additional, one-year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreements under all of the terms and conditions contained therein for up to 180 days. Packet Page-537- 7/12/2016 16.C.3. FISCAL IMPACT: Funding is available in, and is consistent with, the FY16 budget approved by the Board on September 24, 2015. The source of funding is Collier County Water-Sewer Operating Fund (408). The total annual estimated amount for grease hauling is approximately$100,000. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District, awards Invitation to Bid number 16-6543, "Grease Hauling,"to Marlin Environmental, Inc., d/b/a Al Gator Septic, as the primary contractor and Carlos Rivero Plumbing and Septic Tank Contractor, Inc., as the secondary contractor, and authorizes the Chair to sign the Agreements after review and approval by the County Attorney's Office. Prepared By: Sue Jacobs,Operations Analyst, Wastewater Division Attachments: Attachment 1 –Bid Tabulation Attachment 2–ITB 16-6543 Attachment 3–Vendor proposal and documentation–Al Gator Attachment 4–Vendor proposal and documentation–Carlos Rivero Attachment 5–Agreement 16-6543 for Al Gator Attachment 6–Agreement 16-6543 for Carlos Rivero Packet Page -538- 7/12/2016 16.C.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.3. Item Summary: Recommendation to award Invitation to Bid 16-6543, "Grease Hauling," to Marlin Environmental, Inc., d/b/a Al Gator Septic, as the primary contractor and Carlos Rivero Plumbing and Septic Tank Contractor, Inc., as the secondary contractor. Meeting Date: 7/12/2016 Prepared By Name: JacobsSusan Title: Operations Analyst, Wastewater 6/9/2016 12:57:42 PM Approved By Name:NagySteve Title: Manager-Wastewater Collection, Wastewater Date: 6/9/2016 1:17:16 PM Name: JacobsSusan Title: Operations Analyst, Wastewater Date: 6/9/2016 1:18:54 PM Name: MarkiewiczJoanne Title: Division Director-Procurement Services,Procurement Services Date: 6/9/2016 3:19:24 PM Name: Pam Libby Title: Manager-Distribution, Water Date: 6/10/2016 7:23:53 AM Name: HapkeMargie Title:Recycling Coordinator, Solid&Hazardous Waste Management Date: 6/10/2016 8:57:10 AM Name: Joseph Bellone Title: Division Director-Operations Support,Utilities Finance Operations Date: 6/10/2016 10:35:55 AM Packet Page-539- 7/12/2016 16.C.3. Name: JacobsSusan Title: Operations Analyst, Wastewater Date: 6/13/2016 2:55:11 PM Name: HallSwainson Title:Procurement Specialist,Procurement Services Date: 6/13/2016 4:51:58 PM Name: JohnsonScott Title:Manager-Procurement,Procurement Services Date: 6/14/2016 9:43:33 AM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 6/15/2016 10:05:05 AM Name: YilmazGeorge Title: Department Head-Public Utilities,Public Utilities Department Date: 6/20/2016 7:39:23 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 6/21/2016 12:21:06 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/21/2016 3:27:43 PM Name: CasalanguidaNick Title:Deputy County Manager, County Managers Office Date: 7/1/2016 1:03:11 PM Packet Page -540- Swainson Hall,Procurement Strategist Notifications Sent:300 Steve Nagy,Wastewater Collections Manager/Project Manager Downloaded:19 Submittals:4 BID SCHEDULE GREASE HAULING #16-6543 Carlos Rivero Plumbing and EnviroWaste Services Group, Al Gator Septic Septic Inc Southern Sanitation COST PER LOAD $948.00 $949.00 $1,347.00 $4,350.00 Vendor's Check List (Yes/No): Yes Yes Yes Yes Bid Response Form (Yes/No): Yes Yes Yes Yes Local Vendor (Yes/No): Yes No No Yes Immigration Affidavit(Yes/Nol Yes Yes Yes Yes Vendor Substitute W9 (Yes/No): Yes Yes Yes Yes Insurance and Bonding (Yes/No): Yes Yes Yes Yes E-Verify(Yes/No): Yes Yes No No d Opened by:Adam Northrup,Procurement Strategist c Witnessed by:Evelyn Colon,Procurement Strategist rD tr N N N O T� C) /9.) l J • 7/12/2016 16.C.3. corer county Administrative Services Department Procurement Services Division INVITATION TO BID Date: March 28, 2016 From: Swainson Hall, Procurement Strategist (239) 252-8935 (Telephone) (239) 252-6334 (FAX) swainsonhall(a�colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 16-6543 Grease Hauling As requested by the Public Utilities Wastewater Division, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Steve Nagy, Wastewater Collections Manager Pn:xx.. re.riteeiv ;ff:ision•3327TanuanuTraiiEast•Nap=es,Fionda 34112-901•2;9.252-8407•wevcoinrgov.net'procurementservices #16-6543 Grease Hauling 1 ITB Template_01202016 Packet Page-542- 7/12/2016 16.C.3. Invitation to Bid Index Public Notice 3 Exhibit I: Scope of Work, Specifications and Response Format 4 Exhibit II: General Bid Instructions 8 Exhibit III: Standard Purchase Order Terms and Conditions 14 Exhibit IV: Additional ITB Terms and Conditions 17 Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 26 Attachment 2: Vendor's Check List 27 Attachment 3: Vendor Submittal - Bid Response Form 28 Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 30 Attachment 5: Vendor Submittal— Immigration Affidavit 31 Attachment 6: Vendor Substitute W—9 32 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 33 #16-6543 Grease Hauling 2 ITB Template_01202016 Packet Page -543- 7/12/2016 16.C.3. Coter County Administrative Services Department Procurement Services Division Public Notice Sealed bid responses for Solicitation 16-6543 Grease Hauling, will be received electronically or manually only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00PM, Collier County local time on April 19, 2016. Solicitation responses received after the stated time and date will not be accepted. Solicitation 16-6543 Grease Hauling All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.collieroov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/Joanne Markiewicz Director, Procurement Services Division Publicly posted on the Collier County Purchasing Department website: www.collierciov.net/purchasing and in the lobby of the Purchasing Building on March 28, 2016 #16-6543 Grease Hauling 3 ITB Template_01202016 Packet Page-544- 7/12/2016 16.C.3. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Public Utilities Wastewater Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase Collier County Wastewater Division's collections system includes approx. 800 lift stations. To maintain efficient operation, grease and matted material must be occasionally removed from the wet wells at the stations and disposed of in a manner to prevent re-entry into the wastewater system. The procurement of grease/mat removal and disposal services supports the overall wastewater maintenance function and contributes to compliant and effective operation of the wastewater collections system. Detailed Scope of Work This information is provided to prospective bidders to ensure an understanding of the requirements of the Collier County Wastewater Department relative to furnishing emergency and scheduled grease removal and disposal service. Any County department may utilize this bid. A. Material 1) This material primarily consists of fats from cooking grease and residue from soap film (mat). 2) There may also be other organics and plastics trapped in the mat material. B. Method 1) The contractor shall supply all equipment and personnel to perform the required tasks. 2) The contractor shall remove all mats and floating grease from wet well including level floats and monitors. 3) Mat/grease material may not be liquefied or dewatered onsite. 4) The material must be taken from wet well and hauled directly to disposal. 5) The contractor shall be responsible for cleaning up any material spills in accordance with State, Federal and local regulations. The contractor must have on board their trucks, a spill kit to be used in the event of a spill of grease, scum, fuel, or any other discharge, while performing this contract. C. Location/Frequency 1) The contractor shall schedule with the Collier County Collections Staff the removal and disposal of grease and related material at any of the Master Pumping Stations or lift stations throughout the District. 2) The location and frequency of the described work is dependent upon seasonal population fluctuation and maintenance activities. D. Response 1)The contractor must respond within 24 hours, including weekends and holidays, to any requests not previously scheduled by the Collier County Collections Staff (or designee). This work will be #16-6543 Grease Hauling 4 ITB Template_01202016 Packet Page-545- 7/12/2016 16.C.3. billed at the lump sum rate. All requests for services require response from the Contractor within 24 hours. 2) In the event the contractor fails to perform any required service under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the contractor's payments. The contractor may be exempt from this provision if such exemption is granted by the Collier County Collections Manager or his designee, in writing. E. Disposal 1) At the time of bid submittal the contractor must specify the method of disposal and certify that this method meets all requirements of the Environmental Protection Agency (EPA) and is in accordance with State, Federal and Local regulations. 2) The contractor has the sole responsibility to comply with any with local, state federal and/or Department of Transportation (DOT) rules and laws and/or regulations in regards of transportation and disposal of material removed and submit copies of licensure and permits. 3) Each load shall have a manifest signed by an agent of the contractor and Department 4)The disposal site shall be identified on the manifest for official records. 5) Compensation for transportation and disposal of waste material resulting from the removal process is secondary to the removal process. Additional requests for compensation for disposal will not be accepted. F. Damage to Structures: 1) Damage caused by the contractor to pipes, manholes, property or any other system appurtenances shall be repaired by the Department at the contractor's expense. a. The contractor shall contact the Department immediately to notify them of any damage. b. The Department will coordinate the repair and charge the contractor for all associated fees involved in such work. G. Safety 1) The contractor has the sole responsibility to comply with any local, state, federal, and/or OSHA rules, laws and/or regulations including best management practices in regards of operation around wet wells, transportation and disposal of material removed. H. Payment 1) Payment will be on a lump sum basis, as per the lump sum bid item. The prospective contractor will be responsible for measurements, fees, hauling and disposal costs. Lump sum price is inclusive per lift station regardless of size, this includes standard lift stations and master pump stations. The majority of the hauling services will be on master pump stations. 2) The contractor shall invoice the Department on a monthly basis and the invoice shall have a detailed description of the: a. date of the work; b. station number; 3) Each invoice submitted for payment shall be accompanied by the hauling manifest and receipt from disposal site for each load of material removed. 4) The contractor shall invoice the Department monthly for work performed in the prior thirty (30) days. Invoices not submitted timely, within sixty (60) days, of the work being performed is subject to non-payment under the legal doctrine of"laches" as untimely submitted. I. Bid Response Format 1) Disposal must be at a facility permitted, licensed and certified to accept waste material; response must indicate disposal location with copies of facility permit. 2) This is an electronic submission that must be uploaded into www.colliergov.net/bid with all attachments uploaded. #16-6543 Grease Hauling 5 ITB Template_01202016 Packet Page-546- 7/12/2016 16.C.3. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s). • For the purposes of determining the bidder with the lowest price for award purposes only the following methodology will be used: 16-6543 Bid Schedule Excel Sheet—Cell B6— "COST PER LOAD" • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select a single awardee. • The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. Term of Contract The contract term, if an award(s) is/are made is intended to be for one (1) year with three (3) one year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract anniversary date, in writing, to the Procurement Director. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Timetable Event Date Issue Solicitation Notice March 28, 2016 Last Date for Receipt of Written Questions April 13, 2016, 5:00PM, Naples Local Time Addendum Issued Resulting from Written Questions April 14, 2016 Solicitation Deadline Date and Time April 19, 2016, 3:00PM, Naples Local Time Anticipated Evaluation of Submittals April 2016 Anticipated Board of County Commissioner's Contract April— May 2016 Approval Date #16-6543 Grease Hauling 6 ITB Template_01202016 Packet Page 547 7/12/2016 16.C.3. Vendor Required Documents • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W-9 • Attachment 7: Insurance and Bonding Requirement #16-6543 Grease Hauling 7 ITB Template_01202016 Packet Page-548- 7/12/2016 16.C.3. Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or "Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the "Vendor' All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. #16-6543 Grease Hauling 8 ITB Template_01202016 Packet Page 549 7/12/2016 16.C.3. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.collierpov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission For electronic submissions... All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: www.colliergov.net/bid. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. #16-6543 Grease Hauling 9 ITB Template_01202016 Packet Page-550- 7/12/2016 16.C.3. 10. Protests Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Ordinance. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid #16-6543 Grease Hauling 10 ITB Template_01202016 Packet Page 551 7/12/2016 16.C.3. offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If #16-6543 Grease Hauling 11 ITB Template_01202016 Packet Page-552- 7/12/2016 16.C.3. the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.qov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of 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 and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 17. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. #16-6543 Grease Hauling 12 ITB Template_01202016 Packet Page -553- 7/12/2016 16.C.3. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. #16-6543 Grease Hauling 13 ITB Template_01202016 Packet Page -554- 7/12/2016 16.C.3. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer delivery; provided that risk of loss prior to This offer is subject to cancellation by the actual receipt of the goods by the COUNTY COUNTY without notice if not accepted by nonetheless remain with VENDOR. VENDOR within fourteen (14)days of issuance. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise 2. Acceptance and Confirmation specifically stated in this Purchase Order. This Purchase Order (including all documents Unless otherwise provided in Purchase attached to or referenced therein) constitutes Order, no invoices shall be issued nor the entire agreement between the parties, unless payments made prior to delivery. Unless otherwise specifically noted by the COUNTY on freight and other charges are itemized, any the face of this Purchase Order. Each delivery of discount will be taken on the full amount of goods and/or services received by the COUNTY invoice. from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the terms and conditions contained in this Purchase same day via the same route must be Order. consolidated. Each shipping container must be consecutively numbered and marked to No additional terms may be added and Purchase show this Purchase Order number. The Order may not be changed except by written container and Purchase Order numbers must instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips is deemed to be on notice that the COUNTY must show Purchase Order number and objects to any additional or different terms and must be included on each package of less conditions contained in any acknowledgment, than container load (LCL) shipments and/or invoice or other communication from VENDOR, with each car load of equipment. The notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or payment for any delivery of goods and/or return any shipment or equipment at services, or any similar act by VENDOR. VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees 3. Inspection to declare to the carrier the value of any All goods and/or services delivered hereunder shipment made under this Purchase Order shall be received subject to the COUNTY'S and the full invoice value of such shipment. inspection and approval and payment therefore d) All invoices must contain the Purchase Order shall not constitute acceptance. All payments are number and any other specific information as subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts All defective or nonconforming goods will be of prompt payment will be computed from the returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of VENDOR'S expense. receipt of invoices, whichever is later. Payment will be made upon receipt of a To the extent that a purchase order requires a proper invoice and in compliance with series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as COUNTY prospectively reserves the right to the "Local Government Prompt Payment cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County Order if goods and/or services provided early in Commissioners Purchasing Policy. the term of the Purchase Order are non-conforming or otherwise rejected by the 5. Time Is Of the Essence COUNTY. Time for delivery of goods or performance of services under this Purchase Order is of the 4. Shipping and Invoices essence. Failure of VENDOR to meet delivery a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment, lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any the COUNTY at the time and place of expenses incurred in enforcing its rights. #16-6543 Grease Hauling 14 ITB Template_01202016 Packet Page-555 7/12/2016 16.C.3. VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the delivery of nonconforming goods and/or services COUNTY from any and all claims, including is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses, upon further compliance with all specifications. including but not limited to attorneys'fees, arising from, caused by or related to the injury or death 6. Changes of any person (including but not limited to The COUNTY may at any time and by written employees and agents of VENDOR in the notice make changes to drawings and performance of their duties or otherwise), or specifications, shipping instructions, quantities damage to property (including property of the and delivery schedules within the general scope COUNTY or other persons), which arise out of or of this Purchase Order. Should any such change are incident to the goods and/or services to be increase or decrease the cost of, or the time provided hereunder. required for performance of the Purchase Order, an equitable adjustment in the price and/or 11. Warranty of Non-Infringement delivery schedule will be negotiated by the VENDOR represents and warrants that all goods COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute made within thirty (30) days from the date the unfair competition. change is ordered or within such additional period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the parties. COUNTY from and against any and all claims, including claims of negligence, costs and 7. Warranties expense, including but not limited to attorneys' VENDOR expressly warrants that the goods fees, which arise from any claim, suit or and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of will conform to the specifications, drawings, the goods and/or services provided under this samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S specified by the COUNTY, and will be of representations and warranties in section 11 (a). satisfactory material and quality production, free from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, claim of any third party. These warranties shall procure for the COUNTY the right to continue survive inspection, acceptance, passage of title using the goods or services, or replace or modify and payment by the COUNTY. the goods or services so that they become non-infringing, (without any material degradation 8. Statutory Conformity in performance, quality, functionality or additional Goods and services provided pursuant to this cost to the COUNTY). Purchase Order, and their production and transportation shall conform to all applicable 12. Insurance Requirements laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide Health and Safety Act, the Federal commercial insurance of such type and with such Transportation Act and the Fair Labor Standards terms and limits as may be reasonably Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing face of the Purchase Order. and maintaining adequate insurance coverage is a material obligation of the VENDOR. All 9. Advertising insurance policies shall be executed through No VENDOR providing goods and services to the insurers authorized or eligible to write policies in COUNTY shall advertise the fact that it has the State of Florida. contracted with the COUNTY for goods and/or services, or appropriate or make use of the 13. Compliance with Laws COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the VENDOR agrees that it will comply with all COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, 10. Indemnification this shall include the American with Disabilities Act and all prohibitions against discrimination on #16-6543 Grease Hauling 15 ITB Template_01202016 Packet Page-556- 7/12/2016 16.C.3. the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure without exception or stipulation shall be fully within 10 days of receipt of such notice. responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 19. General as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by regulations relating thereto, as either may be the laws of the State of Florida. The venue amended. Failure by the awarded firm(s) to for any action brought to specifically enforce comply with the laws referenced herein shall any of the terms and conditions of this constitute a breach of the award agreement and Purchase Order shall be the Twentieth the County shall have the discretion to Judicial Circuit in and for Collier County, unilaterally terminate said agreement Florida immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in be regarded by the COUNTY as a material and response to a breach of this Purchase Order substantial breach of the contract arising from by VENDOR shall not constitute a waiver of this Purchase Order. breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be 14. Force Majeure deemed a waiver of any subsequent default Neither the COUNTY nor VENDOR shall be by VENDOR. responsible for any delay or failure in c) All notices under this Purchase Order shall performance resulting from any cause beyond be sent to the respective addresses on the their control, including, but without limitation to face page by certified mail, return receipt war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by When VENDOR has knowledge of any actual or personal delivery and will be deemed potential force majeure or other conditions which effective upon receipt. Postage, delivery and will delay or threatens to delay timely other charges shall be paid by the sender. A performance of this Purchase Order, VENDOR party may change its address for notice by shall immediately give notice thereof, including all written notice complying with the relevant information with respects to what steps requirements of this section. VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any goods and/or services to the COUNTY. travel expenses that may be associated with this Purchase Order in accordance with 15. Assignment Florida Statute Chapter 112.061, Per Diem VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers, nor any money due or to become due without the employees and authorized persons. prior written consent of the COUNTY. Any e) In the event of any conflict between or assignment made without such consent shall be among the terms of any Contract Documents deemed void. related to this Purchase Order, the terms of the Contract Documents shall take 16. Taxes precedence over the terms of the Purchase Goods and services procured subject to this Order. To the extent any terms and /or Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate and use tax on real property, transient rental or overlap the Terms and Conditions of the property rented, tangible personal purchased or Contract Documents, the provisions of the rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most Chapter 212), and from federal excise tax. favorable to the County and/or provide the greatest protection to the County shall 17. Annual Appropriations govern. The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and #16-6543 Grease Hauling 16 ITB Template_01202016 Packet Page-557- 7/12/2016 16.C.3. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 4. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 5. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 6. Environmental Health and Safety All Vendors and Sub vendors 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. Vendors and Sub vendors 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. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. #16-6543 Grease Hauling 17 ITB Template_01202016 Packet Page-558- 7/12/2016 16.C.3. 7. Florida Wood Products The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 8. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 9. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor 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. 10. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. 11. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager, shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. #16-6543 Grease Hauling 18 ITB Template_01202016 Packet Page-559- 7/12/2016 16.C.3. 12. 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, the current Collier County Ethics Ordinance 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 contract held by the individual and/or firm for cause. 13. Invoice and Payments The County's project manager reserves the right to establish any one, or a combination of, these industry practices for contracts or purchase orders: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 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 mark up). 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 not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a�collierclerk.com. #16-6543 Grease Hauling 19 ITB Template_01202016 Packet Page-560- 7/12/2016 16.C.3. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional —payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or 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 contract. 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. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 14. Survivability Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 16-6543 Grease Hauling will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 15. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Insurance and Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain #16-6543 Grease Hauling 20 ITB Template_01202016 Packet Page-561- 7/12/2016 16.C.3. property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or #16-6543 Grease Hauling 21 ITB Template_01202016 Packet Page-562- 7/12/2016 16.C.3. companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 16. Security and Background Checks If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing 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. 17. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Purchasing Departments and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 18. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 19. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. #16-6543 Grease Hauling 22 ITB Template_01202016 Packet Page-563- 7/12/2016 16.C.3. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable • Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 20. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 21. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required by the County, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and obtain documentation of the Vendor's cost for time and material projects, and to withhold payments until documentation is provided. All County-purchased equipment must be new and of current manufacture in production at the time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. 22. Storage Tank Installation and Closure Requirements The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. #16-6543 Grease Hauling 23 ITB Template_01202016 Packet Page-564- 7/12/2016 16.C.3. 23. 62-761.300 Applicability 1) General Requirements: a) Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of UST systems with individual storage tank capacities greater than110 gallons that contain or contained: i) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 ii) Pollutants or hazardous substances after December 10, 1990; or iii) Regulated substances in unmaintained storage tank systems. b) This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100 gallons containing motor fuels are subject to Federal UST rules (advisory information only-not required by this Chapter). 24. 62-762.301, F.A.C. Applicability 1) General Requirements: a) Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of aboveground stationary storage tank systems with individual storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17- 61, F.A.C., after May 21, 1984 (1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984; (2) Pollutants after March 12, 1991; or (3) Pollutants in unmaintained storage tank systems. b) Aboveground compression vessels and hazardous substance storage tank systems: Owners and operators of compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing hazardous substances are only required to comply with subsections 62-762.401(1)-(2), F.A.C. c) Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of aboveground mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral acids are only required to comply with Rule 62- 762.891, F.A.C. 25. Definitions 62-761.200(11) and 62-762.201(16), F.A.C.: "County" means a locally administered program under contract with the Department to perform compliance verification activities at facilities with storage tank systems. 62-761.200(48) and 62-762.201(62), F.A.C.: "Pollutants" includes any "product" as defined in Section 377.19(11), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas. 62-761.200(51) and 62-762.201(65), F.A.C.: "Product" as defined in Section 377.19(11), F.S., means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. #16-6543 Grease Hauling 24 ITB Template_01202016 Packet Page-565- 7/12/2016 16.C.3. 62-761(73) and 62-762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fuel motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails. #16-6543 Grease Hauling 25 ITB Template_01202016 Packet Page-566- 7/12/2016 16.C.3. Cater CoH.nty Administrative Services Department Procurement Services Division Attachment 1: Vendor Submittal -Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 16-6543 Grease Hauling ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: fl Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature/Title Type Name of Signature Date: #16-6543 Grease Hauling 26 ITB Template_01202016 Packet Page-567- 7/12/2016 16.C.3. Colter County Administrative Services Department Procurement Services Division Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 16-6543 Grease Hauling • Opening Date: April 19, 2016 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature &Title Date #16-6543 Grease Hauling 27 ITB Template_01202016 Packet Page-568- 7/12/2016 16.C.3. Gorier County Administrative Services Department Procurement Services Division Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 16-6543 Grease Hauling Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: ** * SEE FOLLOWING PAGES Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net_ Days Fl Bid Response Form is electronic. Please input your prices online. ❑ Bid Response is as follows: N/A Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. #16-6543 Grease Hauling 28 ITB Template_01202016 Packet Page-569- 7/12/2016 16.C.3. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR#or CAGE Code Telephone Number FAX Number Signature/Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #16-6543 Grease Hauling 29 ITB Template_01202016 Packet Page-570- 7/12/2016 16.C.3. Co en Comity Administrative Services Department Procurement Services Division Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: 16-6543 Grease Hauling (Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) #16-6543 Grease Hauling 30 ITB Template_01202016 Packet Page -571- 7/12/2016 16.C.3. Corer County Administrative Services Department Procurement Services Division Attachment 5: Vendor Submittal —Immigration Affidavit Solicitation: 16-6543 Grease Hauling This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/ Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of ,20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #16-6543 Grease Hauling 31 ITB Template_01202016 Packet Page-572- 7/12/2016 16.C.3. Col e-r Cotiinty Administrative Services Department Procurement Services Division Attachment 6: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor Corporation _Partnership Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #16-6543 Grease Hauling 32 ITB Template_01202016 Packet Page-573- 7/12/2016 16.C.3. co ler County Administrative Services Department Procurement Services Division Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000'000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence #16-6543 Grease Hauling 33 ITB Template_01202016 Packet Page-574- 7/12/2016 16.C.3. ❑ Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ®Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. RLC 3/10/2016 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number #16-6543 Grease Hauling 34 ITB Template_01202016 Packet Page-575- 7/12/2016 16.C.3. Li) vU) N .• fl '° N • N C v ova,- a � m • o• m ai m ro a a ° -o 01 d CL o ro O Vi N N w w w O - N Oa) • N O � N I— = O J Z n J M T 'Q UtO coQ Z o ° o Z o ° o � Z Z Z Z Z O N W N N N W > y a 0 V > C UT Y LL y . y c > O N w > a ° m W - a0 o U U p o w .° a c L () rig caC a E W 00 y J U) N ° CO 6 2o a h > m N Nm C C C I > C U- Packet 2OUlYCONQ Page -576- 7/12/2016 16.C.3. Covinty Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB, 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327Ta0|m[n| Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: * Solicitation: 1G'G543Grease Hauling w Opening Date: April 19, 2016 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. If submittina manual bid, include any addenda (initialed and dated noting understanding and receipt). |fsubrn��ngbid a|eC�orica||y. bidder vViUneed 00download 8Urelated dVCUOlentonO www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. � 7-1 /�^ A �� ~/� "="rv4'~ _ Signature i?,t Title A r^ / /5-> 2(/(, Oahe' w16-oo3Grease Hauling 27 IT8Tamplote_ou0201n Packet Page-577- 7/12/2016 16.C.3. rier County Administrative Services Department Prrsutrement Serv!c&s Urvtston Attachment 3: Vendor Submittal - Bid Response Form FROM: :;! Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 16-6543 Grease Hauling Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: *** SEE FOLLOWING PAGES ** * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids, In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: •f °/O /�i, Days; Net ...ODays ❑ Bid Response Form is electronic. Please input your prices online. ❑ Bid Response is as follows: N/A Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. #16-6543 Grease Hauling 28 ITB Ternplate_01202016 Packet Page -578- 7/12/2016 16.C.3. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 0 day of A011/ , 20 (? in the County of , in the State of Firm's Complete Legal Name 11/119/d1 ) /` 0-).)/ 47 3 rj A Address c) 117) /11 (1 /LI , City, State, Zip F / ) ) // Florida Florida Certificate of Authority , ()Oil/1 Document Number Federal Tax Identification 1)1‘r •-• 11(1.) /[) Number CCR #or CAGE Code Telephone Number / FAX Number - - ) - Signature/Title c " Type Name of Signature ( A /2 (, 1////`;-: ///- Date Additional Contact information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name ))-0 i) h„, 1- t_.'t Address 77i City, State, Zip / /)/ Contact Name > Telephone Number -1' FAX Number - / ? EmailAddress , • , 1+: // #16-6543 Grease Hauhng 29 ITB Template_01202016 Packet Page -579- 7/12/2016 16.C.3. Colter Col4nty Administrah'e Sen'ices Department PIMA Jr 0int.+ernres Clwt°.e:,n Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit Solicitation: 16-6543 Grease Hauling (Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business El Collier County ® Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business"unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County.Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ['Collier County or Elle County: ''�` 3 Number of Employees (Including Owner(s) or Corporate Officers): --�J Number of Employees Living in ❑ Collier County or 0 Lee (Including Owner(s)or Corporate Officers): ;)--CN If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: �) (, )_ j �t.�._ S C'N? r- Date: ` � C Address in Collier or Lee-Cop ty: 7/7o P/' '�Lr' /-)L.,( /� f))1 h( r °_s FL S /-)— > y. Signature: Title: STATE OF FLORIDA ❑COLLIER COUNTY LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public,for the above State and County, on this Day of /1/'r-'L Ln , 20 (. . // / r Notary Public «^" FRANCES PRADO My Commission Expires: �/��.: ,:/- /t� -` / MY COMMISSION t#FF910490 ,i� --- � „, EXPIRES August 10,2019 (AFFIX OFFICIAL SEAL) (40/)JCwa-r��:�� EXPIRES n ,,x.,;1.«.1( #16-6543 Grease Hauling 30 ITS Template_01202016 Packet Page -580- 7/12/2016 16.C.3. Collier comity Administrotivo Svc Department Pro:YI;FI1ic tit ".C'rl:Ctr rh'aSYf,'t Attachment 5: Vendor Submittal–Immigration Affidavit Solicitation: 16-6543 Grease Hauling This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals (RFP)submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. • Company Name ,///p2Z., )11 0/6(-_ /-?.11 r:/1-(-i Print Name �� --/(") /i l — Title Signature Date /'///,', 1// (.. State of County of A - (----- The foregoing instrument was signed and acknowledged before me this /%;- day of d/'i'/ 20 by who has produced / f /Jf/ i�l)/°'( l as identification. (Print or Type Name) (Type of Identification and Number) ,-t ,Notary Public Si nature ,;v` FRANCES PRADO MY COMMISSION rr FF91O490 Lt r't'i'}"r" / rc"?(;r r .4*' EXPIRES August 10,2019 Printed Name of Notary Public ucnacn.ptny Fkmart:o:tv;rsurvic`.unr Notary Commissidn Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #16-6543 Grease Hauling 31 ITB Template_01202016 Packet Page -581- 7/12/2016 16.C.3. C0Y(ie-r Comity kfrn :uti,e Scr ce Departn_n: Attachment 6:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name /)),q/,-/r ') 1)1(-.1-/.1 / (as shown on income tax return) Business Name IA'rz_ /? !J C--,r-%'rc (if different from taxpayer name) Address 7c/L/0 )(i• / City 1/ -r` /,7/r(). State Zip Telephone, r . Tele e )>/ ) y5�`/'/ FAX ,,L,..) -' JEmail f 5 . "�'rt_ik r'c�,.,�/J 'j( r-iJr"t Order information Remit/Payment Information Address 72V" , Address 7` Y) rr�rl ,,)/,�7C_ /�r � rv' f City /'I/)f/t'('s'State /:-/ Zip City t=/))r�/6'-` State 17 Zip _;(_‘/),-)- } t . FAX � ,�/• � � / � 2,-- FAX �' >y—•_?l Email/-7(-1,;(:-(. -�."/(' '1 r'/":/'.1,r In Email '/1(I� 1% [:111 E..`i'771"et1 )��t,C_.s=�••1 2. Company Status (check only one) Individual/Sole Proprietor t--,Corporation ^Partnership _ Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) C_ Enter the tax classification • (D=Disregarded Entity, C =Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) OC - r / /c,) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification. Undortpgnaities of perjury, I certify that the information shown on this form is correct to my knowledge. / , Signature i(_Fr/L Date '//f/ // Titlet..�t` Phone Number ;") / e/;"-(// #16-6543 Grease Hauling 32 ITB Template_01202016 Packet Page -582- 7/12/2016 16.C.3. CoU ier County Administrative Services Department Prc<aueri r,I Seer:tens,C)ivsu:ui Attachment 7: Vendor Submittal -Insurance and Bonding Requirements Insurance I Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 4. ©Automobile Liability $1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. © Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworkers Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence #16-6543 Grease Hauling 33 ITB Template_01202016 Packet Page-583- 7/12/2016 16.C.3. ❑ Employee Dishonesty I Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. 0 Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. 0 Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. I4 Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance • must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. RLC 3/10/2016 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5) days of the award of this solicitation. Name of Firm A. if 1 Date / / v f Vendor Signature Print Name f� ��1�- t� � l < / F r_ I;_ r ,r2/7(Yr(1 1f Insurance Agency ��-� � i' . (' Agent Name � � Telephone Number ,`/)-=. r 7: > ..�f #16-6543 Grease Hauling 34 ITB Tempiate_01202016 Packet Page-584- 7/12/2016 16.C.3. _r--^-py Fimrc t 1-4 yr Iv.r i 14C T R CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) kiI,,,,,. 04/18/2016 I 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 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 Karen Larocque NAME: q Kinney Pike-RandolphPHONE 802-728-4434 FAc,No):802-728-4625 42 Meadow Lane (Arc, E Ext): Randolph,VT 05060 AIL ADDRESS:kiarocque@kinneypike.com Jake Obar INSURER(S)AFFORDING COVERAGE i NAIL# INSURER A:Hanover Insurance Company 122292 INSURED Marlin Environmental,Inc.dba INSURERS:Star Insurance Company 18023 Al Gator Septic INSURERc:Tokio Marine Speciality Ins Co 7990 Mainline Parkway — 1 Fort Myers, FL 33912 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. ADDLSUBR POLICY SEF POLICY EXP !LTR TYPE OF INSURANCE INSD wvp IPOLICY NUMBER (MM!DD/YYYY1 (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 1EACH OCCURRENCE S 1,000,000 CLAIMS-MADE I X I OCCUR X ZHVA249563 03/29/2016 03/29/2017 PREM gra a occurrence) S 100,000 Bink Add'I Insure MED EXP(Any one person) I S 10,000 form 421-2918 PERSONAL&ADV INJURY S 1,000,000 GE 1.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY X ' LOC PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT �Eaacciden�l $ 1,000,000 X ANY AUTO ADVA250156 03/29/2016 03/29/2017 BODILY INJURY(Per person) $ X ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S HIRED AUTOS X AUTOS (Per accident) 5 X UMBRELLA LIAB X OCCUR I EACH OCCURRENCE 5 5,000,000 A EXCESS LIAB CLAIMS-MADE] UHVA249562 03/29/2016 03/29/2017 AGGREGATE 5 5,000,000 DED X RETENTIONS oI S WORKERS COMPENSATION X r PER ER I 10TH- I AND EMPLOYERS'LIABILITY STA B ANY PROPRIETOR/PARTNER/EXECUTIVE Y E N/A WC0820887 03/29/2016 03/29/2017 EL.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE_5 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT S 1,000,000 A Equipment Floater IHVA21332700 03/29/2016 03/29/2017 Sch Equip C Pollution Liab PPK1469436 03/29/2016 03/29/2017 Liability 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) Certificate holder is listed as Additional Insured with regards to the general liability coverage as per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 3301 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples,FL 34112 I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Packet Page -585- 7/12/2016 16.C.3. CARL R. BAILIN A-1 GATOR SEPTIC 7990 MAINLINE PKWY FT. MYERS, FL 33912- - - - - - - - - - - - - - - - FLORIDA DEPARTMENT OF HEALTH CERTIFICATE OF AUTHORIZATION FOR SEPTIC TANK CONTRACTING The Florida Department of Health hereby certifies the business or entity named below has satisfied the requirements of Part III, Chapter 489, Florida Statutes,for septic tank contracting and has been duly authorized by the Department to provide septic tank contracting services under the name of A-1 GATOR SEPTIC Qualifying Contractor: CARL R.BAILIN SA0041189 March 16, 2015 March 31, 2017 Authorization Number Date Issued Expiration Date Packet Page -586- 7/12/2016 16.C.3. fillissforrx: Rick goott To protect.promote R.improve the health Governor or OMOnle in Florida through integrated • slate,county&community effort Joan M.Armstrong, PAD,FACS HEALTHState Surgeon General&Secretary Visfon:To be IN HO3Fthiott State in the Nation REGISTERED SEPTIC TANK CONTRACTOR CARL R. BAILIN ---- •- 7990 MAINLINE PKWY FT. MYERS, FL 33912- A-1 GATOR SEPTIC Business AuthorizationSA0041189 SR0151763 Registration Expires on September 30 2016 Florida Department of Health v Divisional Disease Control and Health Protion wirw.Floriciaslitialth.com TWITTER HealthyFLA Bureau of El ono-mental Health 4052 Bald Cypress Way,tlin A-08•Tallahaccen,,FL 223,J9.1713 FACEBOOK FLDeparltrienlotHealtli PHONE 8501245-4444 Eel,2793•FAX 8501487-0864 YOUTUBE Ildoh Packet Page -587- 7/12/2016 16.0.3.; r 01111- ax ,oft • • • g } L'15r w- � �.�. :.t.. rJ } „ ' � 717 ,:. • , " x ...,7„',,r-,7 „r-+� Ai ;7"-'42.".1';,774.”ze u.. 1 ;- -7"V. c s t4 F,,... ^^y J .3 F w+. 'w s e..e.—* 'k•^.. i' .sn:.,mac _;.:c.c^-•sem.. m-xw.� .s�'vs,�.irzr,.src x�u'trarrre,a .. ::' n.sna. v@amz�+¶$%IWJwan+s.i^nafaxmutu .,F r+a,a*-. 'F s I CC"J R'" °.�-g et a'",r.` � '-4p' r • .�.;,1 r t_,.p r Packet Page -588 4/15/206 wwwuunbz.ory-Department of State 7/12/2016 16.C.3. ' DIVISION or CORPORATIONS ‘ 511101Z '. ': '‘,%,--'-'. -,-',-;(4 747,t7,„2,;;',-,, „- 1:1-orr:e. '' Contact Us ' — E-Filing Services Document Searches Forms Help Previous on List Next on List Return to List Fictitious Name Search No Filing History i Submit | Fictitious Name Detail Fictitious Name A,1 GATOR SEPTIC Filing Information Registration Number G14000035484 Status ACTIVE Filed Date 04/09/2014 Expiration Date 12/31/2019 Current Owners 2 County MULTIPLE Total Pages 1 Events Filed NONE FEI/EIN Number NONE Mailing Address 7990 MAINLINE PKWY FORT MYERS, FL 33912 Owner information BAILIN, CARL R 31 WELCH PARK W1|DOLESEX, VT 05672 FEI/EIN Number: NONE Document Number: NONE MARLIN ENVIRONMENTAL INC. 31 WELCH PARK MIDDLESEX, VT 05602 FEI/EIN Number: 06-1518107 Document Number: F04000005806 Document Images F -- - | |ViewimogeinPOFfonnet 04K}Q�014 -'FicUUoxaName Fik�]'- ---___ --- - _- Pmvi[us_on List Nexton List Return to List Fictitious Name Search No Filing History | pts/��a��DBn�&��m=/pac�� Page '5��;03017700140 1/1 7/12/2016 16.C.3. 2016 FOrEIGN PROFIT CORPORATION ANNUAL REPORT FILEU DOCUMENT#F04000005806 Jan 08, 2016 Entity Name: MARLIN ENVIRONMENTAL, INC. Secretary of State CC3192339871 Current Principal Place of Business: 31 WELCH PARK DRIVE MIDDLESEX, VT 05602 Current Mailing Address: 31 WELCH PARK DRIVE MIDDLESEX, VT 05602 FEI Number: 06-1518107 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION,FL 33324 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail Title PSCD Title VTVC Name BAILIN,CARL R Name BAILIN,RENEE M Address PO BOX 1523 Address PO BOX 1523 City-State-Zip: STOWE VT 05672 City-State-Zip: STOWE VT 05672 Title D Name BAILIN,RENEE M Address PO BOX 1523 City-State-Zip: STOWE VT 05672 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that lam an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered, SIGNATURE:CARL R BAILIN PRESIDENT 01/08/2016 Electronic Signature of Signing Officer/Director Detail Date Packet Page -590- 7/12/2016 16.C.3. APPLICATION FOR REGISTRATION OF FICTITIOUS NAME REGISTRATION# 614000035484 Fictitious Name to be Registered: A-1 GATOR SEPTIC Mailing Address of Business: 7990 MAINLINE PKWY FORT MYERS, FL 33912 Florida County of Principal Place of Business: MULTIPLE FILED Apr 09, 2014 FEI Number: Secretary of State Owner(s)of Fictitious Name: BAILIN,CARL R 31 WELCH PARK MIDDLESEX,VT 05672 MARLIN ENVIRONMENTAL INC. 31 WELCH PARK MIDDLESEX,VT 05602 Florida Document Number: F04000005806 FEI Number: 06-1518107 I the undersigned, being an owner in the above fictitious name,certify that the information indicated on this form is true and accurate. I further certify that the fictitious name to be registered has been advertised at least once in a newspaper as defined in Chapter 50, Florida Statutes, in the county where the principal place of business is located. I understand that the electronic signature below shall have the same legal effect as if made under oath and I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s. 817.155, Florida Statutes. CARL R BAILIN 04/09/2014 Electronic Signature(s) Date Certificate of Status Requested(X) Certified Copy Requested(X) Packet Page -591- A-1 GATOR WASTEWATER SERVICES 7/12/2016 16.C.3. 7998MubmD _ ao�ur�� —� \�' �/ � A � _ Fort Myers,FL 33912 239-267-4541 NON-HAZARDOUS SPECIAL WASTE MANIFEST Generator Name Generating Location Address Address Phone No. -- Phone No. -- Waste Code -- Containers DouoripUoonfVVaotv Type Quantity Units No. Type o-o,"m | | u'uuom^ | | a'Bag T Tiuck | P-Pounds | --� ,',amu 0-Other I hereby certify that the above named material does not contain free liquid as defined by 40 CFR Part 260,10 or any applicable state law,is not a hazardous waste as defined by 40 CFR Part 261 or any applicable state law,has been properly described classified and packaged,and is proper condition for transportation according to applicable regulations. Generator Authorized Agent Name Signature Shipment Date Truck No. _-- Phone No. Transporter Name Driver Name(Print)_ ___ Address Vehicle License Nn./Sia\o_____ Vehicle Certification I hereby certify that the above named material was picked up at the I hereby certity that the above named material was delivered without generator site listed above. incident to the destination listed below. ---T -- -- Driver Signature Shipment Date Driver Signature Delivery Date iftor,-Fitttwok,mmo.,,,,sit.„..;,,,,Am,ittnim.laewm:trivorAtii:-;! ,-Atoo,.. ,wrto1,,,,xlimw:,6Alv,,,,,,w1,-,mkt Axatt..40;71,4,,txxi:,444:4,7 7:j SitoNvme _ Phone No. -- Address _ — -- | hereby certify that the above named material has been accepted and to the best of my knowledge the foregoing is true and accurate. Name of Authorized Agent Signature --- Receipt Date PASS CODE While Copy-DESTINATION RETAIN vvnumcopy-umuOxmwaxnsx Pink Copy-TRANSPORTER Packet Page -592-'-GENERATOR RETAIN 7/12/2016 16.0.3. ,c >, FLORIDA DEPARTMENT OF RICK��OIt . � � (i()\ I.R\1K.t #� x ENVIRONMENTAL PROTECTION o South District Office ( :\Ri t)ti 1 e)I'i /-( \\Ii R.\ '� r'.2, , �� T,, P.O. Box 2549 I_I. (O'Y I,R\()1; Fort Myers,FL 33902-2549 SouthDisfrict@dep.state.f.us it)\'.1"II I:1\ I'. SIIiVt•:RY)\. `;1•CRL I;1RY Via Email to: Carl@hartiganeompanv.com March 16, 2015 In the Matter of a Request for Permit Exemption by: Carl R. Bailin, President Lee County-DW Marlin Environmental, Inc, Marlin Environmental, Inc. d/b/a Hartigan Company& A-1 Gator Septic d/b/a Hartigan Company&A-1 Gator Septic 7990 Mainline Parkway Fort Myers, FL 33912 DOMESTIC WASTEWATER PERMIT EXEMPTION Dear Mr, Bailin: RE: Facility Name: Marlin Environmental, Inc. d/b/a Hartigan Company&A-I Gator Septic Facility Location: 7990 Mainline Parkway, Fort Myers, FL 33912 This exemption is applicable only to activities located at 7990 Mainline Parkway, Fort Myers, FL 33912. Reference is made to your request for exemption and supporting documents submitted on behalf of Marlin Environmental, Inc., d/b/a Hartigan Company& A-1 Gator Septic ("Marlin"), sent to Gary Maier of the Department of Environmental Protection ("Department"),dated February 18, 2015. Your request and supporting documents are incorporated by reference and are available in the Department's Oculus electronic document management system at the following internet link: http://depedms.dep.state.fl.us:80/Oculus/servlet/shell?command=getEntity&[quid=38.372089.11&[pr ofile=Permitting Authorization The Department evaluated your request and supporting documentation. Based upon the information submitted and subject to appropriate specific conditions, the Department determined that Marlin's activities, located at 7990 Mainline Parkway, Fort Myers, FL 33912, should not cause the issuance of water contaminants in sufficient quantity, with respect to its character, quality or content, so as to contribute significantly to the pollution problems within the State. Therefore, pursuant to Rule 62- 4.040(1)(b), F.A.C., the Department grants the requested exemption subject to the following eleven specific conditions: I. Marlin shall not accept industrial wastewater, industrial residuals, nor industrial sludges, unless prior approved by the Lee County Utilities Industrial Pretreatment Office. Page 1 of 5 1rn)r.clep.statc./1 us Packet Page -593- 7/12/2016 16.C.3. Permit Exemption Marlin Environmental,Inc. d/b/a Hartigan Company&A-1 Gator Septic 2. Marlin shall discharge all effluent(and only effluent)to the Lee County Utilities sewer system in accordance with a valid wastewater discharge permit issued to Marlin from Lee County Utilities Industrial Pretreatment Office. 3. Marlin shall dispose of 100% of the remainder dewatered material in a Class I solid waste landfill in accordance with Chapter 62-701, F.A.C. 4. There shall be no use, no land application, no distribution and marketing, and no transfers of material other than as allowed in conditions 2 and 3 above. 5. Marlin shall keep daily records of the type and quantities of waste received from source facilities, the quantity treated, the quantity of effluent discharged, the quantity of dewatered material landfilled,and associated hauling records, for a minimum of five years. 6. Marlin shall not cause a violation of the odor prohibition in Rule 62-296.320(2),F.A.C. 7. Biosolids, waste,effluent,or dewatered material shall not be spilled nor tracked off site by the hauling vehicle. Marlin shall orally report all spills to the Department's South District Office within one business day, and shall follow up with a written report within five days. Spills in excess of 1,000 gallons must also be orally reported to the State Warning Point at (800)320-0519,within 24 hours of the spill. 8. Marlin agrees to allow Department personnel access to the facility and activities at reasonable times to inspect the facilities and operations, collect samples, or view and copy records required by paragraph 5. 9. This exemption does not relieve Marlin from liability for harm or injury to human health or welfare,animal, or plant life,or property, or from penalties therefore; nor does it allow pollution in contravention of Florida Statutes or Department rules. 10. The Department hereby expressly reserves the right to initiate appropriate legal action to address any violations of statutes or rules administered by the Department. 11. Unless terminated earlier,this exemption shall expire (terminate) on March 15, 2020. This exemption shall be terminated and re-evaluated under the applicable portions of Chapters 62-4, 62-600, 62-620, 62-604, 62-640, 62-520, 62-522, and 62-660, F.A.C., should the basis for the exemption be subsequently found to be materially incorrect or pose a threat to the environment or public health. Please note that the failure to adhere to the design and operating characteristics submitted to the Department may result in enforcement action and civil penalties. This permit exemption relates only to the domestic wastewater permitting requirements of the Department and does not relieve you from the responsibility of obtaining any required permits from other program areas within the Department,or required permits from other state, federal, or local agencies. Page 2 of 5 Packet Page -594- 7/12/2016 16.0.3. Permit Exemption Marlin Environmental, Inc. d/b/a Hartigan Company&A-1 Gator Septic A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding(hearing)under sections 120.569 and 120.57 of the Florida Statutes. Please see Attachment I,"Notice of Rights"for additional information. If you have any questions regarding this matter, please call Barbara Skates at(239) 344-5694. Executed in Fort Myers, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION j Jon M. Iglehart Director of District Management CERTIFICATE OF SERVICE The undersigned hereby certifies that this Permit Exemption and all copies were emailed before the close of business on March 16, 2015,to the listed persons. FILING AND ACKNOWLEDGMENT FILED,on this date, under Section 120.52, Florida Statutes, with the designated Deputy Clerk, receipt of which is hereby acknowledged. March 16, 2015 [Clerk] [Date] JMI/GAM/se Copies to: Payne M. Moore, PMoore@leegov.com Barbara Skates, DEP Gary Maier, DEP Diane Loughlin,DEP Deanna Newburg, DEP Page 3 of 5 Packet Page -595- 7/12/2016 16.C.3. Permit Exemption Marlin Environmental, Inc. d/b/a Hartigan Company&A-I Gator Septic Attachment 1 NOTICE OF RIGHTS A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding(hearing)under Sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,Tallahassee, Florida 32399-3000. Petitions by the applicant or any of the parties listed below must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than those entitled to written notice under section 120.60(3)of the Florida Statutes must be filed within fourteen days of publication of the notice or within 14 days of receipt of the written notice,whichever occurs first. Under Section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within fourteen days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination(hearing)under Sections 120.569 and 120.57 of the Florida Statutes. Any subsequent intervention(in a proceeding initiated by another party)will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205 of the Florida Administrative Code. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a)The name, address,and telephone number of each petitioner; the Department permit identification number and the county in which the subject matter or activity is located; (b)A statement of how and when each petitioner received notice of the Department action; (c)A statement of how each petitioner's substantial interests are affected by the Department action; (d)A statement of the material facts disputed by the petitioner, if any; (e)A statement of facts that the petitioner contends warrant reversal or modification of the Department action; (f)A statement of which rules or statutes the petitioner contends require reversal or modification of the Department action; and (g)A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wants the Department to take. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301. Page 4 of 5 Packet Page -596- 7/12/2016 16.C.3. Permit Exemption Marlin Environmental, inc. d/b/a Hartigan Company&A-1 Gator Septic Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Mediation under Section 120.573 of the Florida Statutes is not available for this proceeding. This action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order of the Department. Any party to the order has the right to seek judicial review of the order under Section 120.68 of the Florida Statutes, by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard,Mail Station 35, Tallahassee,Florida,32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The Notice of Appeal must be filed within 30 days from the date when the final order is filed with the Clerk of the Department. Page 5 of 5 Packet Page -597- 7/12/2016 16.C.3. • Lee County Utilities Industrial Pretreatment Office SIGNIFICANT INDUSTRIAL USER WASTEWATER DISCHARGE PERMIT Permit No. LCU—01-16 In accordance with the provisions of Lee County Ordinance 12-03,Section 403.0885, Florida Statutes, and Chapter 62-625,Florida Administrative Code, Permit Holder: Marlin Environment Inc DBA A-1 Gator Address: 7990 Mainline Parkway Effective Date: April 17,2016 Fort Myers, FL 33912 Date of Expiration: April 16, 2018 Contact: Carl Bailin Telephone: 800-696-0761 or 802 793-1443 Is hereby authorized to discharge pretreated septage wastewater from the Marlin Environmental Pretreatment Facility, through the outfall identified herein, into Lee County Utilities (LCU) Wastewater Collection System in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in this permit. Compliance with this permit does not relieve Marlin Environment Inc DBA A-1 Gator (The Permittee) of its obligations to comply with all pretreatment regulations, standards, and requirements that may become effective during the term of this permit. Noncompliance with any of the terms and conditions of this permit shall constitute a violation of Lee County Ordinance 12-03, Florida Statutes, and Florida Administrative Code and, consequently, all discharging operations shall be halted. This permit will be effective on April 17, 2016, and shall expire at midnight on April 16, 2018. A request for re-issuance of this permit must be submitted a minimum of 30 days prior to the permit expiration date. This Industrial Wastewater Discharge Permit is NON-TRANSFERABLE without, at a minimum, prior notification to and consent of the Industrial Pretreatment Coordinator (239-466-8039) and provision of a copy of this permit to the new owner or operator. _ T 71 • Issued By: ; -.� 11. this 5t day of April, 2016. R. Payne Morris Industrial Pretreatm-ntlRc lain 1 ater Coordinator ty t Lee Countlities, �� Permittee Signture: ( ,,----- Marlin Environment Inc DBA IWDP Page 1 OF 8 Packet Page -598- 7/12/2016 16.C.3. Part I —Prohibited Discharges The Permittee shall comply with all general and specific •wastewater discharge prohibitions specified in Lee County Ordinance 12-03 and any other applicable state and federal pretreatment laws, regulations, standards, or requirements that may become • effective during the term of this permit. The Permittee shall not discharge,permit the discharge, cause the discharge,or contribute to the discharge of any pollutant or wastewater that will interfere with the operation or performance of the LCU Three Oaks Wastewater Treatment Facility (WWTF) or otherwise pass through the WWTF. These general prohibitions apply to all users of the WWTF whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements. Part II — Specific Discharge Limitations A. All discharges shall comply with all applicable laws, regulations, standards, and requirements contained in Lee County Ordinance 12-03 and any other applicable local, state, and federal pretreatment laws, regulations, standards, or requirements that may become effective during the term of this permit. B. During the term of this permit, the Permittee is authorized to discharge treated wastewater to LCU via the wastewater collection system, from the outfall listed: OUTFALL#1 LCU Meter. The maximum flow volume shall be 30,000 gallons per day, with an average volume of 20,000 gallons per day, calculated on a weekly basis. C. The discharge from Outfall #1 shall be pretreated septage wastewater only, shall comply with Lee County Ordinance 12-03 and shall not exceed the effluent limitations outlined in Table I. D. Lee County Utilities reserves the right to prohibit discharge of TSS, COD, or CBOD concentrations which may cause interference with the Three Oaks Wastewater Treatment Facility as stipulated in County Ordinance 12-03, Section Four B. Marlin Environment Inc DBA IWDP S Page 2 OF 8 Packet Page -599- 7/12/2016 16.C.3. Table I- Local Limits Parameter Max Conc (mg/L) Arsenic 0.13 Cadmium 0.079 Chromium 3.9 Copper 5.5 Cyanide 0.78 Lead 0.31 Mercury 0.041 Molybdenum 0.25 Nickel 0.35 Selenium 0.15 Silver 1.4 Zinc 0.31 Chloride 724 Sodium 310 Oil and Grease 100 Part III — Discharge and Monitoring Requirements • A. All samples will be collected as grab samples, unless otherwise dictated by sampling protocols listed in section C below, from the sample point just prior to Outfall 41 for Table I parameters and pH, and from the batch tanks for TSS, `COD, and CBOD. Sample frequency for parameters listed in Table I shall be biannual, completed in January and July. Sample frequency for additional parameters shall he as listed in 'fable II. The Industrial User shall notify the LCU Industrial Pretreatment Coordinator at 239-533-8571 one business day prior to self-monitoring sampling for potential LCU operational monitoring. Table H—Additional Discharge Sampling Parameter It rep uenc pH _ Hourly During Discharge Total Suspended Solids(TSS) Weekly Chemical Oxygen Demand(COD) Weekly Carbonaceous Biological Oxygen Weekly Demand(CBOD) B. Exceedance of Local Limit concentrations specified in Table 1 must be reported within 24 hours of receipt of sample results. Re-sampling of effluent will be clone within 15 days of violation discovery. LCU may sample the Permittee i.n.dependcnt of the "self-monitoring"required by this permit. Splits Marlin Environment Inc DBA IVDP Page 3 OF 8 Packet Page-600- 7/12/2016 16.C.3. of the samples collected by LCU will be provided to the Permittee upon request. C. Sampling Activities and laboratory analyses shall be performed according to procedures specified in "The Department of Environmental Protection Standard Operating Procedures for Field Activities" (DEP-SOP-001/01), 3/1/14 (Effective 7/30/08), herein incorporated by reference. A laboratory certified by NELAC and Florida DOH must analyze all samples. Appropriately qualified personnel must conduct each sampling event. All costs for laboratory analysis will be paid by the Permittee. D. Additional monitoring, along with cessation of discharge, may be required in response to noncompliance. Part IV — Reporting and Record Keeping Requirements A. Monitoring reports from each biannual sampling event shall be sent to the Industrial Pretreatment Coordinator at 1500 Monroe Street 3rd Floor, Fort Myers, FL 33901,within 45 days of the event. B. Reports related to plant staffing (required in Part V below), flow, and Table II parameters, shall be submitted on a monthly basis. Flow information shall include gallons/day discharged and average discharge in gallons/day for each week. A copy of the logbook page is acceptable for submittal of this information. This report is due no later than the 15th of the following month. C. Monitoring reports shall include: a hard copy of the certification statement detailed in section F. below; all analytical data; Laboratory Reports of Analytical Results; chain of custody forms including: time and date of sampling, sampler signature; and any information regarding required re- sampling events. D. The Permittee must keep a "Statement of Compliance" from the contract laboratory specifying that all sampling and analytical procedures follow all required guidelines on file. E. The costs of all required monitoring, including laboratory analysis and reporting, shall be the responsibility of the Permittee. F. All reports, including periodic self-monitoring reports, shall include the following certification statement and meet the signatory requirements specified by Chapter 62-625.600(11), F.A.C.: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or Marlin Environment Inc DBA IWDP Page 4 OF 8 Packet Page -601- 7/12/2016 16.C.3. supervision, in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on • my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is,to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment for knowing violations." G. All reports and records shall be maintained, by the Permittee, for a •minimum of three years and made available for inspection and copying by LCU. H. A Slug Control Plan is not needed at this time. All solids, sludge, and other pollutants from the Pretreatment facility shall be disposed in accordance with Section 405 of the Clean Water Act and Subtitles C & D of RCRA. The objective is to insure that all wastes, especially sludge, are handled in a manner that protects human health and the environment. Up to date records regarding sludge disposal must be kept and maintained for a minimum of three years following disposal. LCU shall be notified of any slug discharges by calling the Three Oaks Wastewater Treatment Facility directly at 239-267- 0387. The Permittee shall also notify Lee County Utilities immediately of any changes at its facility affecting the potential for a slug discharge. The LCU Industrial Pretreatment Coordinator shall be notified of all significant changes to this facility, including but not limited to unusual flows, equipment breakdowns or upgrades, which impact discharges under this permit, within 5 calendar days of the significant change. J. The Permittee shall notify LCU, via the Pretreatment Coordinator, in advance of any facility expansion or process modification that may result in a change in the volume or character of their discharge. Additional sampling and analysis may be required as a result of any such change. The Permittee will inunediately cease discharging upon notification by LCU that such action is necessary due to flow constraints or other unforeseen circumstances, K. Accidental Discharge Report: The Permittee shall notify Lee County Utilities immediately (within 24 hours), upon the occurrence of an accidental discharge of substances prohibited by Lee County Ordinance 12-03, substances in excess of permitted limits, or any slug load or spill that may enter the sanitary sewer. LCU shall be notified by calling the Three Oaks Wastewater Treatment Facility directly at 239-267-0387. Within five days of accidental discharge, the Permittee shall submit to the Industrial Pretreatment Coordinator at 1500 Monroe Street 3rd Floor, Fort Myers, FL 33901, a detailed written report regarding the discharge. The report shall specify: d Marlin Environment Inc DBA IWDP Page 5 OF 8 Packet Page-602- 7/12/2016 16.C.3. a. Description of the upset, slug, or accidental discharge, cause thereof, and impact on the Permittee's compliance status. The description should also include the location of discharge, along with the type, concentration and volume of wastes. b. Duration of noncompliance, including exact dates and times, and if noncompliance continues, the time by which compliance is expected to be achieved. c. All steps taken to reduce, eliminate, and prevent reoccurrence of such an upset, slug, or accidental discharge. L. The Permittee's notification of accidental releases does not relieve it of other reporting requirements that arise under local, State, or Federal Laws. Part V — Special Conditions A. The Pennittee shall staff the facility with a Class C or higher WWTF operator for I hour/day for 5 days/week and one visit each weekend, when weekend discharge is to occur. Operator staffing shall be documented in the on-site logbook with operator signature and license number. B. Facility staff shall record actual daily flow totals, based on the LCU flow meter, on-site in a logbook, including daily times of discharge, and hourly pH during the entire duration of the discharge. A Class C or higher WWTF operator shall be available during all periods of discharge. "Available" means able to be contacted as needed to initiate the appropriate action in a timely manner. C. pH shall be reported based on field measurements using a properly calibrated electronic pH meter. Readings shall be recorded hourly during discharge. If ph is BELOW 6.0 or ABOVE 9.5, all DISCHARGES SHALL BE STOPPED until pH readings within the acceptable range are observed and can be maintained. • e... Marlin Environment Inc DBA IWDP Page 6 OF 8 Packet Page -603- 7/12/2016 16.C.3. • Part VI —Recovery of Costs Incurred The monthly charge initially associated with this discharge will be a usage fee in the amount of$5.85 per thousand gallons. Lee County Utilities may adopt and begin charging fees, including but not limited to: 1. Fees for reimbursement of costs of setting up and operating the industrial pretreatment program 2. Fees for collection containers, preservatives, transportation of containers. 3. Fees for laboratory analyses conducted by LCU, inspections, and surveillance procedures. 4. Fees for permit applications. 5. Fees for filing appeals. 6. Fees for review of accidental discharge reporting and compliance monitoring, 7. Fees for high strength waste concentrations. Part VII — Reopener Clause A. This permit may be reopened and modified with any applicable and more stringent requirements or changes to local limits as stated in Table I and in the County's sewer use ordinance or changes to the overall rate schedule. B. The permit may be reopened and modified with more stringent requirements developed by Lee County Utilities as arc necessary 10 ensure WWTF compliance with applicable sludge management and reuse requirements promulgated by EPA(40 CFR 503) or Florida DEP (62-640). Part VIII — Civil and Criminal Penalties A. Violations: Any person found to have violated any provisions of this division or any condition of this permit issued hereunder, shall be subject to penalties and fines of FIVE HUNDRED DOLLARS ($500.00) to ONE THOUSAND DOLLARS ($1000.00) for each offense, Each separate violation shall constitute a separate offense and each day of violation shall constitute a separate violation. In addition to the penalties provided herein, the County may recover reasonable attorney fees, court costs, court reporter fees, and other expenses of litigation by appropriate suit at law against the person found to have violated Lee County Ordinance 12-03, other Federal. State, or local orders, rules,regulations, or the permit issued herein. P4,11 Marlin Environment Inc DBA f\VDP Page 7 OF 8 Packet Page -604- 7/12/2016 16.C.3. 44% B. Falsifying Information: Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan, or document filed or required to be maintained, pursuant to Lee County Ordinance 12-03, or permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method under this Ordinance, shall be subject to a fine not to exceed ONE THOUSAND DOLLARS ($1000.00). Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. 440 *42,0Y Marlin Environment Inc DBA IWDP Page 8 OF 8 Packet Page -605- 7/12/2016 16.C.3. Colti‘er County Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces,indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1 The Rid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 16-6543 Grease Hauling • Opening Date: April 19, 2016 13.The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. If submitting a manual bid. include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Carlos Rivera Plutfi`bing And Septic Tank Contractor, Inc. Company Nam` ,, ; President Signature &Title \\ X04-18-2016 Date #16-6543 Grease Hauling 27 ITB Temp"ate_01202015 Packet Page-606- 7/12/2016 16.C.3. COIL COVLIILV Administrative Services Department Procurement Seraces Divisira Attachment 3: Vendor Submittal -Bid Response Form Carlos Rivero Plumbing And Septic Tank Contractor, Inc. FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 16-6543 Grease Hauling Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: ***SEE FOLLOWING PAGES*** Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any,will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: 0 % o Days; Net 30 Days © Bid Response Form is electronic. Please input your prices online. ❑ Bid Response is as follows: N/A Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages.The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. • #16-6543 Grease Hauling 28 ITB Template_01202016 Packet Page -607- 7/12/2016 16.C.3. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 18 day of April , 20 16 in the County of Dade . in the State of Florida Firm's Complete Legal Name Carlos Rivero Plumbing And Septic Tank Contractor, Inc. Address 10360 SW 34 Street Miami, FL 33165 City, State, Zip Florida Certificate of Authority 007894098795 Document Number Federal Tax Identification 59-2446956 Number CCR#or CAGE Code 786-402-3092 Telephone Number FAX Number 786-409'7270 y—) Sig nature I Title �\° d�� Javier Rivero Type Name of Signature ` 04-18-2016 Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firms Complete Legal Name Address City. State. Zip Contact Name Telephone Number FAX Number Email Address #16-6543 Grease Hauling 29 /TsTemplate_01ucoo1u ' Packet Page -608- 7/12/2016 16.C.3. Attacnments:vonuo,eummuta —hmmigradonAffidavit Solicitation: 16-6543 Grease Hauling This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (1T8's) and Request for Proposals (RFP)subrilittals. Further, Vendors I Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor'a/bidder'epvopoaoi Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers. constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act ("INK). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E4erify). operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor s/ Bidder's proposal. Carlos Rivero Plumbing And Septic Tank Contractor, Inc. Company Name Print Name Javier Rivero \ Title President , � 04-18-2016 Signature ~�` _~~_'---= Date \ , Florida State of County of Dade The foregoing instrument was signed and acknowledged before me this 18 day of April .2r 16, by x Javier Rivero Drivers Liuens� /9/� ' who has »�xw��vsi�enu5�mnn� (Type of identification and Number) --` Notary p*u/.cSignature ` — — ~ w`^*uon/ms pum��Smomnmma wmu/ Al* /� �/ �a�` Commission r~`~ '-- 62 Printed mameorNotary pubnc • My Comm.[w�* May 11.2020 F F f� � �r�� w�w Wm �� Notary Commission Number/Expiratfon The sgnee of this Affidavit guarantees.as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. #16-6543 Grease Haukhg 31 ITS Template_Olzoz 1s Packet Page-609- 7/12/2016 16.C.3. Corner C./aunty kgrni nistr rjv-S;?ivi�..es a- pa ,.en: Attachment 6:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General information(provide all information) Taxpayer Name Carlos Rivero Plumbing And Septic Tank Contractor. Inc. (as shown on income tax return) Business Name (if different from taxpayer name) Address 10360 SW 34 Street City Miami State Florida Zip 33165 Telephone 786-402-3092 FAX 786-409-7270 Email javierrivero2000l vahoo.com Order Information Remit!Payment Information Address 10360 SW 34 Street Address 10360 SW 34 Street City. Miami State Florida Zip 33165 City Miami State Florida Zip 33165 FAX 786-409-7270 FAX 786-409-7270 Email lavierrivero2000vyahoo.com Email javierrivero2000@yahoo.com 2. Company Status(check only one) Individual/Sole Proprietor x Corporation Partnership Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) j o Enter the tax classification I (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 59-244-6956 —� (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract) I 4. Sign and Date Form 1 Certification: Undet penalties of perjury, I certify that the information shown on this form is correct to my knowledge. '4 I Signature Date 04-18-2016 Title President ` Phone Number 786-402-3092 #16-6543 Grease Hauling 32 ITS Template_01202016 Packet Page-610- 7/12/2016 16.C.3. C=,o 7f r County Administrative Services Department Procurement.Services D vie:on Attachment 7: Vendor Submittal -Insurance and Bonding Requirements.y R(��u�l✓e,Id,L�miits..,;,A.,..3��r '.,=. r�, ,« � «��:. .,G»�i,��«� �h .,,wr .,., ��..<...:�..._., 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $0, iu single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $ ; g tti single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law,the ContractorNendor/Consultant shall 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,to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 4. ®Automobile Liability $Womb*QoQ1*Each Occurrence;Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ® Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution $tibbatti Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence #16-6543 Grease Hauling 33 ITB Template_01202016 Packet Page -611- 7/12/2016 16.0.3. ❑ Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. o. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award,and written for 100% of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however,the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders'surplus,all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc.of 75 Fulton Street, New York, New York 10038. 8. Q Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. E Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. Thirty (30) Days Cancellation Notice required. RLC 3/10/2016 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)days of the award of this solicitation. Name of Firm Carlos Rivera P(umbi�.g And Septic Tank Contractor.. Inc Date 04-18-2016 Vendor Signature `. Print Name Javier Riverd Insurance Agency Bentley Insurance Agency Agent Name Sergio Giron Telephone Number 305-463-7775 #16-6543 Grease Hauling 34 !TB Tempiate_01202016 Packet Page-612- 7/12/2016 16.C.3. REGISTERED SEPTIC TANK CONTRACTOR JAVIER RIVERO 10360 SW 34TH STREET MIAMI, FL 33165- CARLOS RIVERO PLUMBING& SEPTIC TANK CONTRACTOR, INC, SR0001344 Business Authorization: SA0051297 Registration :rag on September 30. 2.01S Packet Page-613- 7/12/2016 16.C.3. Carlos Rivero Plumbing And Septic Tank Contractor, Inc. Equipment List 1. 2003 Sterling 4000 gallon vacuum truck 2. 2004 International 4000 gallon vacuum truck 3. 2007 International 4000 gallon vacuum truck 4. 2007 International Vactor 12yd vacuum truck 5. 2007 Obrien water jetter trailer Packet Page-614- 7/12/2016 16.C.3. EVe ,„„, Y Company ID Number: 597775 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Carlos Rivero Plumbing and Septic Tank Contractor, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E-Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E-Verify clause") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-615- 2,l0,,,1,, 16.C.3. Verify ,, s, , 1111 Company ID Number: 597775 by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non-citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: •Automated verification checks on employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to make available to the Employer at the E-Verify Web site and on the E-Verify Web browser, instructional materials on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Page 2 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-616- 7/12/2016 16.C.3. V r�F ,�•A e ��= Iiir,,' Y Company ID Number: 597775 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non- match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. • If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-617- 7/12/2016 16.C.3. EVeru v if�� y Company ID Number: 597775 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non-matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 and E-Verify system compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1-9 has been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual, or in the case of Federal contractors with the FAR E-Verify clause, the E-Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses the E-Verify system for any purpose other than as authorized by this MOU, the Employer Page 4 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-618- 7/12/2016 16.C.3. s�o V� 14 00 y 4Y IIII uc Company ID Number: 597775 may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non-match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non-match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA, as applicable, by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration- related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E- Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). Page 5 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-619- 7/12/2016 16.C.3. . ,.:'1111111 y Y Company ID Number: 597775 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors with the FAR E-Verify clause agree to become familiar with and comply with the most recent versions of the E-Verify User Manual for Federal Contractors and the E-Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial for Federal contractors with the FAR E-Verify clause. c. Federal contractors with the FAR E-Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify at the time of a contract award must enroll as a Federal contractor with the FAR E-Verify clause in E-Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor with the FAR E-Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time Page 6 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-620- 7/12/2016 16.C.3. Er VeriFy �� Company ID Number: 597775 of enrollment in the system and after the date and selecting which employees will be verified in E-Verify or within 30 days of an employee's assignment to the contract, whichever date is later. d. Employers that are already enrolled in E-Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E-Verify clause: Employers enrolled in E-Verify for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E-Verify as other than a Federal contractor with the FAR E-Verify clause, must update E-Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E-Verify clause in E-Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E-Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E-Verify clause may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E-Verify clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. g. Form 1-9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E-Verify clause may choose to complete new Forms 1-9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E-Verify clause may also update previously completed Forms 1-9 to initiate E-Verify verification of existing employees who are not completely exempt as long as that Form 1-9 is complete (including the SSN), complies with Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form Page 7 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-621- 7/12/2016 16.C.3. EVenly 64* ti . Company ID Number: 597775 1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E-Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system-generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. Page 8 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-622- 7/12/2016 16.C.3. VeriFy Company ID Number: 597775 B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non-match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non-match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (paid for at employer expense). 7. If the Employer determines that there is a photo non-match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E-Verify, the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. ARTICLE IV SERVICE PROVISIONS Page 9 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page -623- 7/12/2016 16.C.3. Ham e E-Verify Company ID Number: 597775 SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E- Verify, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual, the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E-Verify clause may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E-Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E-Verify clause fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E-Verify clause, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity Page 10 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-624- 7/12/2016 16.C.3. e „ � �,tiififiol�� y Company ID Number: 597775 regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 11 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page -625- 7/12/2016 16.C.3. Ve r i F � Ill Company ID Number: 597775 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. `Employer Carlos Rivero Plumbing and Septic Tank Contractor,Inc. Javier Rivero Name(Please Type or Print) Title Electronically Signed 09/06/2012 Signature Date Department of Homeland Security—Verification Division USCIS Verification Division Name(Please Type or Print) Title Electronically Signed 09/06/2012 Signature Date Information Required for the E-Verify Program Information relating to your Company: Company Name:Carlos Rivero Plumbing and Septic Tank Contractor,Inc. Company Facility Address:757 NW 21 Terrace Miami, FL 33127 Company Alternate Address: 10360 SW 34 Street Miami, FL 33165 County or Parish: MIAMI-DADS Employer Identification Number: p92446956 Page 12 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page -626- 7/12/2016 16.C.3. Vr i Fll�l z Company ID Number: 597775 North American Industry Classification Systems Code: 238 Administrator: Number of Employees: 5 to 9 Number of Sites Verified for: 1 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: • FLORIDA 1 site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Javier Rivero Telephone Number: (786)402-3092 Fax Number: (305)220-5125 E-mail Address: javierrivero2000@yahoo.com Page 13 of 131E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page -627- 7/12/2016 16.C.3. AGREEMENT16-6543 for Grease Hauling THIS AGREEMENT is made and entered into this day of , 2016, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Marlin Environmental, Inc. d/b/a/ A-1 Gator Septic, the Primary Contractor, authorized to do business in the State of Florida, whose business address is 7990 Mainline Parkway, Fort Myers, Florida 33912 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. TERM AND COMMENCEMENT. The Agreement shall be for a one (1) year period, commencing on Date of Board award, and terminating one (1) year from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Contractor shall commence the Work upon issuance of a Purchase Order. This Agreement shall have three (3) additional, one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Grease Hauling Services for the Public Utilities Wastewater Division in accordance with the terms and conditions of ITB #16-6543 and Exhibit A, Scope of Work, hereby attached and incorporated by reference and made an integral part of this Agreement. 2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Any County Agency may utilize the services offered under this Agreement, provided sufficient funds are included in the budget(s). 2.3 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or designee, in compliance with the Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 2.4 In the event the Primary Contractor is not available to provide said services, the Secondary Contractor will be contacted. Page -1- Agreement#16-6543"Grease Hauling" Packet Page-628- 7/12/2016 16.C.3. 3. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement at the unit price of$948.00 per load and in accordance with Section 3.1. 3.1 Price Methodology: 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 required), 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Marlin Environmental, Inc. d/blal A-1 Gator Septic 7990 Mainline Parkway Fort Myers, Florida 33912 Phone: 800-696-0761; Fax: 239-267-5752 Attn: Carl R. Bailin All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Procurement Services Division 3327 East Tamiami Trail Naples, Florida 34112 Attention: Director, Procurement Services Division Phone: 239-252-8407 Fax: 239-252-6480 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. 5. 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. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all Page -2- Agreement#16-6543"Grease Hauling" Packet Page-629- 7/12/2016 16.C.3. permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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. 7. 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. 8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform the Work in a manner satisfactory to the County and requirements of 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 sole judge of non-performance. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Single Limit Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. 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. Page -3- Agreement#16-6543`Grease Hauling" Packet Page -630- 7/12/2016 16.C.3. D. Pollution: Coverage must include a minimum limit of$1,000,000 for occurrence. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall 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, 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. 11.1 The duty to defend under this Article 11 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 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner'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 within the Contract Time; (f) Page -4- Agreement#16-6543"Grease Hauling" Packet Page -631- 7/12/2016 16.C.3. unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CHANGES IN THE WORK. Owner 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 a quote 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 Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in accordance with the Procurement Ordinance, as amended, and Procurement Procedures. 16. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with 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, including specifically those contractual requirements in F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law: 1. Keep and maintain public records required by the public agency to perform the service. Page -5- � Agreement#16-6543"Grease Hauling" Packet Page-632- 7/12/2016 16.C.3. 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. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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 Owner. 19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Invitation to Bid, the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 20. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Page -6- Agreement#16-6543"Grease Hauling' Packet Page -633- 7/12/2016 16.C.3. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If,_ within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. 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. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction Page -7- 6- Agreement#16-6543"Grease Haulin Packet Page-634- 7/12/2016 16.C.3. or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Wastewater Division. 26. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #16-6543 any addenda, and subsequent quote(s), made or issued pursuant to this Agreement. 27. 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 Ili, 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. 28. 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. 29. 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. No markup shall be applied to sales tax. 30. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of 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. 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. ((\?..9 Page -8- Agreement#16-6543"Grease Hauling" Packet Page -635- 7/12/2016 16.C.3. 31. 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. 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 33. 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. 34. 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(a�colliergov_net) 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. 35. 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 Page -9- Agreement#16-6543"Grease Hauling" Packet Page-636- 7/12/2016 16.C.3. 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. 36. 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 ******************************** 01) Page -10- Agreement#16-6543"Grease Hauling" Packet Page -637- 7/12/2016 16.C.3. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Donna Fiala, Chairman Dated: (Seal) Marlin Environmental, Inc. d/b/a/ A-1 Gator Septic Primary Contractor By: First Witness Signature Type/Print Witness Name Typed Signature Second Witness Title Type/Print Witness Name Approved as to Form and Legality: Assistant County Attorney Page -11- Agreement#16-6543"Grease Hauling" Packet Page -638- 7/12/2016 16.C.3. Exhibit A— Scope of Work Brief Description of Purchase Collier County Wastewater Division's collections system includes approximately 800 lift stations. To maintain efficient operation, grease and matted material must be occasionally removed from the wet wells atthe stations and disposed of in a manner to prevent re-entry into the wastewater system. The procurement of grease/mat removal and disposal services supports the overall wastewater maintenance function and contributes to compliant and effective operation of the wastewater collections system. Detailed Scope of Work This information is provided to the Contractor to ensure an understanding of the requirements of the Collier County Wastewater Department relative to furnishing emergency and scheduled grease removal and disposal service. Any County division/department may utilize this Agreement. A. Material: 1) This material primarily consists of fats from cooking grease and residue from soap film (mat). 2) There may also be other organics and plastics trapped in the mat material. B. Method: 1) The Contractor shall supply all equipment and personnel to perform the required tasks. 2) The Contractor shall remove all mats and floating grease from wet well including level floats and monitors. 3) Mat/grease material may not be liquefied or dewatered onsite. 4)'The material must be taken from wet well and hauled directly to disposal. 5) The Contractor shall be responsible for cleaning up any material spills in accordance with State, Federal and local regulations. The Contractor must have on board their trucks, a spill kit to be used in the event of a spill of grease, scum, fuel, or any other discharge, while performing this contract. C. Location/Frequency: 1) The Contractor shall schedule with the Collier County Collections Staff the removal and disposal of grease and related material at any of the Master Pumping Stations or lift stations throughout the District. 2) The location and frequency of the described work is dependent upon seasonal population fluctuation and maintenance activities. D. Response: 1) The Contractor must respond within 24 hours, including weekends and holidays, to any requests not previously scheduled by the Collier County Collections Staff (or designee). All requests for services require response from the Contractor within 24 hours. 2) In the event the Contractor fails to perform any required service under the Agreement, the County reserves the right to obtain substitute performance. Further, the County reserves the right to-deduct the cost of such substitute performance from the Contractor's payments. The Contractor Page -12- Agreement#16-6543"Grease Hauling Packet Page -639- 7/12/2016 16.C.3. may be exempt from this provision if such exemption is granted by the Collier County Collections Manager or his designee, in writing. E. Disposal: 1) At the time of bid submittal the Contractor specified the method of disposal and certified that this method meets all requirements of the Environmental Protection Agency (EPA) and is in accordance with State, Federal and Local regulations. 2) The Contractor has the sole responsibility to comply with any with local, state federal and/or Department of Transportation (DOT) rules and laws and/or regulations in regards of transportation and disposal of material removed and submit copies of licensure and permits. 3) Each load shall have a manifest signed by an agent of the Contractor and Department 4)The disposal site shall be identified on the manifest for official records. 5) Compensation for transportation and disposal of waste material resulting from the removal process is secondary to the removal process and will not be paid. Additional requests for compensation for disposal will not be accepted. F. Damage to Structures: 1) Damage caused by the Contractor to pipes, manholes, property or any other system appurtenances shall be repaired by the Division/Department at the Contractor's expense. a. The Contractor shall contact the Division/Department immediately to notify them of any damage. b. The Division/Department will coordinate the repair and charge the Contractor for all associated fees involved in such work. G. Safety: 1) The Contractor has the sole responsibility to comply with any local, state, federal, and/or OSHA rules, laws and/or regulations including best management practices in regards of operation around wet wells, transportation and disposal of material removed. H. Payment: 1) Payment will be on a unit price per load, as stated in Section 3 and 3.1 of the Agreement. The Contractor will be responsible for measurements, fees, hauling and disposal costs. The majority of the hauling services will be on master pump stations, but will include standard lifts stations. 2) The Contractor shall invoice the Division/Department and the invoice shall have a detailed description of the: a. date of the work; b. station number; 3) Each invoice submitted for payment shall be accompanied by the hauling manifest and receipt from disposal site for each load of material removed, 4) The Contractor shall invoice the Division/Department for work performed. Invoices not submitted timely, within six (6) months, of the work being performed is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Page -13- Agreement#16-6543"Grease Hauling" - Packet Page-640- 7/12/2016 16.C.3. AGREEMENT 16-6543 for Grease Hauling THIS AGREEMENT is made and entered into this day of , 2016, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Carlos Rivero Plumbing & Septic Tank Contractor, Inc., the Secondary Contractor, authorized to do business in the State of Florida, whose business address is 10360 SW 34 Street, Miami, Florida 33165 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. TERM AND COMMENCEMENT. The Agreement shall be for a one (1) year period, commencing on Date of Board award, and terminating one (1) year from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Contractor shall commence the Work upon issuance of a Purchase Order. This Agreement shall have three (3) additional, one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Grease Hauling Services for the Public Utilities Wastewater Division in accordance with the terms and conditions of ITB #16-6543 and Exhibit A, Scope of Work, hereby attached and incorporated by reference and made an integral part of this Agreement. 2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Any County Agency may utilize the services offered under this Agreement, provided sufficient funds are included in the budget(s). 2.3 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or designee, in compliance with the Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 2.4 In the event the Primary Contractor is not available to provide said services, the Secondary Contractor will be contacted. Page -1- Agreement#16-6543''Grease Hauling" Secondary Contractor,Carlos Rivero Plumbing&Septic Tank Contractor,Inc. Packet Page -641- 7/12/2016 16.C.3. 3. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement at the unit price of$949.00 per load and in accordance with Section 3.1. 3.1 Price Methodology: 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 required). 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Carlos Rivero Plumbing & Septic Tank Contractor, Inc. 10360 SW 34 Street Miami, Florida 33165 Phone: 786-402-3092; Fax: 786-409-7270 Attn: Javier Rivero, President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Procurement Services Division 3327 East Tamiami Trail Naples, Florida 34112 Attention: Allison Kearns, Interim Director, Procurement Services Division Phone: 239-252-8407 Fax: 239-252-6480 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. 5. 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. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all ca Page-2- Agreement#16-6543`Grease Hauling" Secondary Contractor,Carlos Rivera Plumbing&Septic Tank Contractor,Inc. Packet Page-642- 7/12/2016 16.C.3. permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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. 7. 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. 8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform the Work in a manner satisfactory to the County and requirements of 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 sole judge of non-performance. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Single Limit Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. 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. Page-3- Agreement#16-6543"Grease Hauling° Secondary Contractor,Carlos Rivero Plumbing&Septic Tank Contractor,Inc. Packet Page-643- 7/12/2016 16.C.3. D. Pollution: Coverage must include a minimum limit of$1,000,000 for occurrence. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall 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, 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. 11.1 The duty to defend under this Article 11 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 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner'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 within the Contract Time; (f) (cj..)e. Page -4- Agreement#16.6543"Grease Hauling" Secondary Contractor,Carlos Rivero Plumbing&Septic Tank Contractor,Inc. Packet Page-644- 7/12/2016 16.C.3. unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. if any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CHANGES IN THE WORK. Owner 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 a quote 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 Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 15.ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in accordance with the Procurement Ordinance, as amended, and Procurement Procedures. 16. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with 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, including specifically those contractual requirements in F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law: 1. Keep and maintain public records required by the public agency to perform the service. Page -5- Agreement#16-6543"Grease Hauling" Secondary Contractor,Carlos Rivero Plumbing&Septic Tank Contractor,Inc. Packet Page-645- 7/12/2016 16.C.3. 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. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner, 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 Owner. 19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Invitation to Bid, the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 20. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended, Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Page -6- Agreement#16-6543'Grease Hauling' Secondary Contractor,Carlos Rivero Plumbing&Septic Tank Contractor,Inc. Packet Page -646- 7/12/2016 16.C.3. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. 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. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner, 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction Page -7- Agreement#16-6543"Grease Hauling" Secondary Contractor,Carlos Rivero Plumbing&Septic Tank Contractor,Inc. Packet Page -647- 7/12/2016 16.C.3. or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Wastewater Division. 26. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #16-6543 any addenda, and subsequent quote(s), made or issued pursuant to this Agreement. 27. 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. 28. 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. 29. 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. No markup shall be applied to sales tax. 30. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of 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. 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. 0 . Page-8- Agreement#16-6543"Grease Hauling° Secondary Contractor, Carlos Rivero Plumbing&Septic Tank Contractor, Inc. Packet Page-648- 7/12/2016 16.C.3. 11. 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. 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 33. 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. 34. 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-FMOPScolliergov.net)�x 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. 35. 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 Page -9- X41 Agreement#16-6543"Grease Haulin Secondary Contractor,Carlos Rivero Plumbing&Septic Tank Contractor,Inc. Packet Page -649- 7/12/2016 16.C.3. 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. 36.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 *****************************"* e, Page -10- Agreement#16-6543"Grease Hauling" Secondary Contractor,Carlos Rivero Plumbing&Septic Tank Contractor,Inc. Packet Page -650- 7/12/2016 16.C.3. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Donna Fiala, Chairman Dated: (Seal) Carlos Rivero Plumbing & Septic Tank Contractor, Inc. Secondary Contractor By: First Witness Signature Type/Print Witness Name Typed Signature Second Witness Title Type/Print Witness Name Approved as to Form and Legality: Assistant County Attorney Page -11- Agreement#16-6543"Grease Hauling" Secondary Contractor,Carlos Rivero Plumbing&Septic Tank Contractor, Inc. Packet Page -651- 7/12/2016 16.C.3. Exhibit A-- Scope of Work Brief Description of Purchase Collier County Wastewater Division's collections system includes approximately 800 lift stations. To maintain efficient operation, grease and matted material must be occasionally removed from the wet wells at the stations and disposed of in a manner to prevent re-entry into the wastewater system. The procurement of grease/mat removal and disposal services supports the overall wastewater maintenance function and contributes to compliant and effective operation of the wastewater collections system. Detailed Scope of Work This information is provided to the Contractor to ensure an understanding of the requirements of the Collier County Wastewater Department relative to furnishing emergency and scheduled grease removal and disposal service. Any County division/department may utilize this Agreement. A. Material: 1) This material primarily consists of fats from cooking grease and residue from soap film (mat). 2) There may also be other organics and plastics trapped in the mat material. B. Method: 1) The Contractor shall supply all equipment and personnel to perform the required tasks. 2) The Contractor shall remove all mats and floating grease from wet well including level floats and monitors. 3) Mat/grease material may not be liquefied or dewatered onsite. 4) The material must be taken from wet well and hauled directly to disposal. 5) The Contractor shall be responsible for cleaning up any material spills in accordance with State, Federal and local regulations. The Contractor must have on board their trucks, a spill kit to be used in the event of a spill of grease, scum, fuel, or any other discharge, while performing this contract. C. Location/Frequency: 1) The Contractor shall schedule with the Collier County Collections Staff the removal and disposal of grease and related material at any of the Master Pumping Stations or lift stations throughout the District. 2) The location and frequency of the described work is dependent upon seasonal population fluctuation and maintenance activities. D. Response: 1) The Contractor must respond within 24 hours, including weekends and holidays, to any requests not previously scheduled by the Collier County Collections Staff (or designee). All requests for services require response from the Contractor within 24 hours. 2) In the event the Contractor fails to perform any required service under the Agreement, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor Page -12- CD°V3 Agreement#16-6543"Grease Hauling" Secondary Contractor,Carlos Rivero Plumbing&Septic Tank Contractor, Inc. Packet Page -652- 7/12/2016 16.0.3. may be exempt from this provision if such exemption is granted by the Collier County Collections Manager or his designee, in writing. E. Disposal: 1) At the time of bid submittal the Contractor specified the method of disposal and certified that this method meets all requirements of the Environmental Protection Agency (EPA) and is in accordance with State, Federal and Local regulations. 2) The Contractor has the sole responsibility to comply with any with local, state federal and/or Department of Transportation (DOT) rules and laws and/or regulations in regards of transportation and disposal of material removed and submit copies of licensure and permits. 3) Each load shall have a manifest signed by an agent of the Contractor and Department 4) The disposal site shall be identified on the manifest for official records. 5) Compensation for transportation and disposal of waste material resulting from the removal process is secondary to the removal process and will not be paid. Additional requests for compensation for disposal will not be accepted. F. Damage to Structures: 1) Damage caused by the Contractor to pipes, manholes, property or any other system appurtenances shall be repaired by the Division/Department at the Contractor's expense. a. The Contractor shall contact the Division/Department immediately to notify them of any damage. b. The Division/Department will coordinate the repair and charge the Contractor for all associated fees involved in such work. G. Safety: 1) The Contractor has the sole responsibility to comply with any local, state, federal, and/or OSHA rules, laws and/or regulations including best management practices in regards of operation around wet wells, transportation and disposal of material removed. H. Payment: 1) Payment will be on a unit price per load, as stated in Section 3 and 3.1 of the Agreement. The Contractor will be responsible for measurements, fees, hauling and disposal costs. The majority of the hauling services will be on master pump stations, but will include standard lifts stations. 2) The Contractor shall invoice the Division/Department and the invoice shall have a detailed description of the: a. date of the work; b. station number; 3) Each invoice submitted for payment shall be accompanied by the hauling manifest and receipt from disposal site for each load of material removed. 4) The Contractor shall invoice the Division/Department for work performed. Invoices not submitted timely, within six (6) months, of the work being performed is subject to non-payment under the legal doctrine of"laches" as untimely submitted. (ova) Page -13- Agreement#16-6543"Grease Hauling' Secondary Contractor,Carlos Rivera Plumbing&Septic Tank Contractor,Inc. Packet Page -653-